Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 57661 

Order 13132 (64 FR 43255, August 10, 

1999). This rule authorizes pre-existing 

State rules. Thus, Executive Order 

13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications, as specified in 

Executive Order 13175 because EPA 

retains its authority over Indian 

Country. Thus, Executive Order 13175 

does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

approves a state program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a ‘‘significant regulatory action’’ as 

defined under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272), directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This rulemaking 

does not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This rule does not affect 

the level of protection provided to 

human health or the environment 

because this rule authorizes pre-existing 

State rules which are no less stringent 

than existing Federal requirements. 

K. Submission to Congress and the 

General Accounting Office 

Under 5 U.S.C. 801(a)(1)(A) as added 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, EPA 

submitted a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives and the Comptroller 

General of the General Accounting 

Office prior to publication of the rule in 

today’s Federal Register. This rule is 

not a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

Administrative practice and procedure, 

Hazardous materials, State program 

approval, Underground storage tanks. 

Authority: This document is issued under 

the authority of Section 9004 of the Resource 

Conservation and Recovery Act, 42 U.S.C. 

6991c. 

Dated: August 31, 2011. 

Michelle L. Pirzadeh, 

Acting Regional Administator, Region 10. 

[FR Doc. 2011–23816 Filed 9–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1998–0007; FRL–9465–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 29, 2011, the 

Environmental Protection Agency (EPA) 

published a Notice of Intent to Delete 

and a Direct Notice of Deletion for the 

State Marine of Port Arthur (SMPA) 

Superfund Site from the National 

Priorities List. The EPA is withdrawing 

the Final Direct Notice of Deletion 

because the deletion notices were 

published in the Federal Register 

without Headquarter’s concurrence as 

required under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Delegation of Authority. 

DATES: Effective Date: This withdrawal 

of the direct final action (76 FR 45428) 

is effective as of September 16, 2011. 

ADDRESSES: 

Information Repositories: 

Comprehensive information on the 

SMPA Superfund Site, as well as the 

comments that we received during the 

comment period, are available in Docket 

EPA–HQ–SFUND–1998–0007, accessed 

through the http://www.regulations.gov 

Web site. Although listed in the docket 

index, some information is not publicly 

available (e.g., CBI or other information 

whose disclosure is restricted by 

statute). Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at: 

1. U.S. Environmental Protection 

Agency, Region 6; 1445 Ross Avenue, 

Suite 700; Dallas, Texas 75202–2733; 

Hours of operation: Monday thru 

Friday, 9 a.m. to 12 p.m. and 1 to 4 p.m. 

Contact: Rafael A. Casanova (214) 665– 

7437. 

2. Port Arthur Public Library; 4615 

9th Avenue; Port Arthur, Texas 77642– 

5799; Hours of operation: Monday thru 

Thursday, 9 a.m. to 9 p.m.; Friday, 9 

a.m. to 6 p.m.; Saturday, 9 a.m. to 5 

p.m.; and Sunday, 2 to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Rafael A. Casanova, Remedial Project 

Manager; U.S. Environmental Protection 

Agency, Region 6; Superfund Division 

(6SF–RA); 1445 Ross Avenue, Suite 


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57662 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations 

1200; Dallas, Texas 75202–2733; 

telephone number: (214) 665–7437; email: casanova.rafael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

Accordingly, the amendment to Table 

1 of Appendix B to CFR part 300 to 

remove the entry ‘‘State Marine of Port 

Arthur Superfund Site,’’ ‘‘Port Arthur, 

Texas,’’ is withdrawn as of September 

16, 2011. 

[FR Doc. 2011–23823 Filed 9–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2000–0003; FRL–9465–5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 29, 2011, the 

Environmental Protection Agency (EPA) 

published a Notice of Intent to Delete 

and a Direct Notice of Deletion for the 

Palmer Barge Line (PBL) Superfund Site 

from the National Priorities List. The 

EPA is withdrawing the Final Direct 

Notice of Deletion because the deletion 

notices were published in the Federal 

Register without Headquarter’s 

concurrence as required under the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act Delegation of Authority. 

DATES: Effective Date: This withdrawal 

of the direct final action (76 FR 45432) 

is effective as of September 16, 2011. 

ADDRESSES: 

Information Repositories: 

Comprehensive information on the PBL 

Superfund Site, as well as the comments 

that we received during the comment 

period, are available in Docket EPA– 

HQ–SFUND–2000–0003, accessed 

through the http://www.regulations.gov 

Web site. Although listed in the docket 

index, some information is not publicly 

available (e.g., CBI or other information 

whose disclosure is restricted by 

statute). Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at: 

1. U.S. Environmental Protection 

Agency, Region 6; 1445 Ross Avenue, 

Suite 700; Dallas, Texas 75202–2733; 

Hours of operation: Monday thru 

Friday, 9 a.m. to 12 p.m. and 1 p.m. to 

4 p.m.. Contact: Rafael A. Casanova 

(214) 665–7437. 

2. Port Arthur Public Library; 4615 

9th Avenue; Port Arthur, Texas 77642– 

5799; Hours of operation: Monday thru 

Thursday, 9 a.m. to 9 p.m.; Friday, 9 

a.m. to 6 p.m.; Saturday, 9 a.m. to 5 

p.m.; and Sunday, 2 p.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Rafael A. Casanova, Remedial Project 

Manager; U.S. Environmental Protection 

Agency, Region 6; Superfund Division 

(6SF–RA); 1445 Ross Avenue, Suite 

1200; Dallas, Texas 75202–2733; 

telephone number: (214) 665–7437; email: casanova.rafael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

Accordingly, the amendment to Table 

1 of Appendix B to CFR part 300 to 

remove the entry ‘‘Palmer Barge Line 

Superfund Site,’’ ‘‘Port Arthur, Texas,’’ is 

withdrawn as of September 16, 2011. 

[FR Doc. 2011–23870 Filed 9–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2002–0001; EPA–HQ– 

SFUND–2010–0640 and 0641, EPA–HQ– 

SFUND–2011–0057, 0058, 0061, 0062, 0065, 

0066, 0070, 0072, 0074, 0076, 0077, and 

0078, FRL–9464–6] 

RIN 2050–AD75 

National Priorities List, Final Rule No. 

52 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final Rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds 15 sites 

to the NPL, all to the General Superfund 

Section. 

DATES: Effective Date: The effective date 

for this amendment to the NCP is 

October 17, 2011. 

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the ‘‘Supplementary 

Information’’ portion of this preamble. 

FOR FURTHER INFORMATION CONTACT: 

Terry Jeng, phone: (703) 603–8852, 

email: jeng.terry@epa.gov, Site 

Assessment and Remedy Decisions 

Branch; Assessment and Remediation 

Division; Office of Superfund 

Remediation and Technology 

Innovation (Mailcode 5204P); U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue, NW; Washington, 

DC 20460; or the Superfund Hotline, 

phone (800) 424–9346 or (703) 412– 

9810 in the Washington, DC, 

metropolitan area. 


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