Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73475 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 20, 2014. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2014–29116 Filed 12–10–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9920– 

32–Region–5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Deletion of the 

Belvidere Municipal Landfill Superfund 

Site 

AGENCY: U.S. Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 5 is 

publishing a direct final Notice of 

Deletion of the Belvidere Municipal 

Landfill Superfund Site (Site), located 

in Belvidere, Illinois, from the National 

Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

appendix B to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Illinois, through the Illinois 

Environmental Protection Agency 

(IEPA), because EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective February 9, 2015 unless EPA 

receives adverse comments by January 

12, 2015. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• Email: Thomas Smith, Remedial 

Project Manager, at smith.thomasl@

epa.gov or Janet Pope, Community 

Involvement Coordinator, at 

pope.janet@epa.gov. 

• Fax: Gladys Beard at (312) 886– 

4071. 

• Mail: Thomas Smith, Remedial 

Project Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 W. 

Jackson, Chicago, IL 60604, (312) 886– 

6540 or Janet Pope, Community 

Involvement Coordinator, U.S. 

Environmental Protection Agency (SI– 

7J), 77 W. Jackson, Chicago, IL 60604, 

(312) 353–0628 or 1–800–621–8431. 

• Hand delivery: Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 W. Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1983– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the 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 the 

hard copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at: 

• U.S. Environmental Protection 

Agency, Region 5, 77 W. Jackson Blvd., 

Chicago, IL 60604, Phone: (312) 353– 

1063, Hours: Monday through Friday, 

8:30 a.m. to 4:30 p.m. CST, excluding 

Federal holidays. 

• Ida Public Library, 320 N. State St., 

Belvidere, IL 61008, Phone: (815) 544– 

3838, Hours: Monday through Friday 

9:00 a.m. to 8:00 p.m. CST, and 

Saturday 9:00 a.m. to 6:00 p.m. CST. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Smith, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 5, SR–6J, 77 W. Jackson, 

Chicago, IL 60604, (312) 886–6540, 

smith.thomasl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA is publishing this direct final 

Notice of Deletion of the Belvidere 

Municipal Landfill Site (Site) from the 

NPL and requests comments on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR part 300, which 

is the Oil and Hazardous Substances 

Pollution Contingency Plan (NCP), 

which EPA promulgated pursuant to 

section 105 of CERCLA, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of Remedial Actions (RAs) 

financed by the Hazardous Substance 

Superfund (Fund). As described in 

300.425(e) (3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced RAs if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective February 9, 2015 

unless EPA receives adverse comments 

by January 12, 2015. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 


tkelley on DSK3SPTVN1PROD with RULES
73476 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

Delete in the ‘‘Proposed Rules’’ section 

of the Federal Register. If adverse 

comments are received within the 30- 

day public comment period on this 

deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Site and demonstrates 

how it meets the deletion criteria. 

Section V discusses EPA’s action to 

delete the Site from the NPL unless 

adverse comments are received during 

the public comment period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of RAs where hazardous 

substances, pollutants, or contaminants 

remain at a site above levels that allow 

for unlimited use and unrestricted 

exposure. EPA conducts such five-year 

reviews even if a site is deleted from the 

NPL. EPA may initiate further action to 

ensure continued protectiveness at a 

deleted site if new information becomes 

available that indicates it is appropriate. 

Whenever there is a significant release 

from a site deleted from the NPL, the 

deleted site may be restored to the NPL 

without application of the hazard 

ranking system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Illinois prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the State 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the State, through IEPA, has 

concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

The Rockford Register Star NewsDispatch. The newspaper notice 

announces the 30-day public comment 

period concerning the Notice of Intent 

to Delete the Site from the NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for deleting the 

Belvidere Municipal Landfill Site from 

the NPL. A Final Close-Out Report was 

completed on February 06, 2014, which 

concluded that the Site achieved the 

degree of cleanup or protection 

specified in the ROD(s) for all pathways 

of exposure. All selected remedial and 

removal actions, remedial action 

objectives (RAOs), and associated 

cleanup goals are consistent with 

Agency policy and guidance. No further 

Superfund response is needed to protect 

human health and the environment. 

Site Background and History 

Site Location 

The EPA ID# for the Site is 

ILD980497663. It is located on the west 

side of the City of Belvidere (City), 

Illinois, and occupies approximately 19 

acres of a 139-acre site. The Record of 

Decision (ROD) and Consent Decree 

(CD) describe the Site as including all 

139 acres, because the contaminated 

groundwater was discovered in the area 

between the landfill and the river. The 

former landfill, situated on property 

owned by the Boone County 

Conservation District (BCCD), is 

bordered by the Kishwaukee River to 

the west, Spencer Park to the south, a 

gravel pit to the north, and Appleton 

Road to the east. Two flooded and 

abandoned sand and gravel pits are 

located on the east side of the former 

landfill facility and are referred to as the 

West Pond and the East Pond. The only 

residential development in the area is a 

small trailer park approximately one 

mile west of the Site. The former drum 

disposal area is located immediately 

northwest of the former landfill. 

Portions of the Site are located within 

the 100-year flood plain of the 

Kishwaukee River. 

Site History 

The Site was owned and operated by 

the City from 1939 to 1965 as a 

municipal landfill. They disposed of 

waste in an old gravel pit. From 1965 to 

1973, the City retained ownership while 

private contractors operated the landfill. 

In 1970’s, inspection reports by IEPA 

personnel indicated that special wastes 

and some hazardous waste had been 

disposed of in the unpermitted landfill. 

The landfill was covered with sandy 

soil from an on-site borrow pit and soil 

remaining from highway construction. 

In 1976, the BCCD purchased the 

property to develop an experimental 

prairie and recreational area. 

In 1979, the IEPA compliant landfill 

cover was installed over the Site and 

then vegetated with native prairie 

plants. However, in 1981, a 

hydrogeological investigation by IEPA 

found that the final cover remained 

inadequate in some areas and that 

leachate posed a threat to surface and 

ground water. The Site was proposed to 

EPA’s National Priorities List (NPL) (47 

FR 58476) in 1982 and listed in 

September 1993 (48 FR 40658). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73477 

Remedial Investigation and Feasibility 

Study (RI/FS) 

Between 1984 and 1988, IEPA 

conducted a Remedial Investigation/

Feasibility Study (RI/FS) at the Site. The 

results of the RI determined that there 

was low-level contamination in the 

pond and river sediments, and higher 

levels of contamination in the 

groundwater and surface soils. About 

100 full or partially full drums were 

discovered in an area immediately west 

of the landfill. Due to the potential 

hazards associated with the drums, EPA 

disposed of the drums off-site in 

December of 1986. 

EPA release the Proposed Plan for 

public comment in May of 1988. The 

EPA communicated to the public that 

remedial action was necessary to 

mitigate risks associated with 

Polychlorinated Biphenyls (PCBs) and 

semi-volatile organic compounds 

(SVOCs) contaminated soils and 

groundwater. 

Record of Decision Findings 

EPA signed a Record of Decision 

(ROD) on June 29, 1988. The ROD 

documented EPA’s decision to clean up 

the Site. The remedy included a RCRA 

Subtitle C landfill cap; plume barrier 

groundwater extraction system (PBGES); 

removal of PCB-contaminated soil from 

the drum disposal area; deed 

restrictions; flood protection; site 

fencing; and monitoring. The RAOs 

include: (1) Minimizing risk to public 

health and the environment from direct 

contact with contaminated material; (2) 

controlling the migration of 

contaminated material to surface waters; 

(3) controlling migration of leachate to 

groundwater via infiltration; and (4) 

minimizing potential risk to public 

health from future consumption of 

contaminated groundwater. 

Response Actions 

Soil samples from the Remedial 

Design (RD) indicated that PCB 

concentrations in the drum disposal 

area were less than 50 ppm with only 

one sample containing more than 10 

ppm. EPA excavated contaminated soil 

to a depth of one foot in and around the 

former drum disposal area, installed 

monitoring wells, a flood protection 

berm, an access road and a security 

fence around the landfill. Excavated soil 

was consolidated on the Site and 

covered with a six-foot RCRA Subtitle C 

landfill cap, which consisted of a 

leveling layer, low permeability layer, 

drainage layer, vegetative cover, and a 

gas venting system. EPA constructed a 

Plume Barrier Groundwater Extraction 

System (PBGES) down-gradient of the 

landfill to intercept groundwater 

between the landfill and the 

Kishwaukee River. It operated from 

1991 to 1995 and consisted of a 1,200 

foot long linear array of 40 extraction 

wells, a single suction pumping system, 

and a force main connection to the City 

sanitary sewer system. A restrictive 

covenant was recorded for the Site in 

1991. The construction of the RA was 

officially completed May 29, 1992, and 

EPA issued a Preliminary Close-Out 

Report on June 6, 1992. 

Cleanup Goals 

Confirmatory sampling verified that 

the ROD cleanup objective for removal 

of PCB-contaminated soil and landfill 

consolidation has been met. The landfill 

cap material is in compliance with 

RCRA Subtitle C landfill closure 

requirements. These actions eliminate 

the direct contact risk to human health 

and the environment. The exposure to 

contaminated groundwater has been 

eliminated by past operation of the 

PBGES and the monitoring well data 

demonstrates groundwater containment 

verifying the protection of the 

Kishwaukee River and the 

downgradient aquifer. In 2011, the IEPA 

and the IDNR collected sediment, water, 

and fish samples from Deeppitt Pond. In 

April, 2013, IDNR reported that the 

sediment, water, and fish tissue results 

were below health based standards. 

Based on that data, BCCD now allows 

fishing in the Deeppit Pond. The Site 

remedy is protective of human health 

and the environment across all 

pathways of exposure because the Site 

meets the current protectiveness 

standards for groundwater and 

institutional controls are in place that 

restrict land and groundwater uses. 

Operation and Maintenance (O&M) 

The City is responsible for O&M 

activities. The PBGES was shut off in 

May 1995 because all target compound 

criteria were satisfied for three 

consecutive sampling events at 

compliance wells, however, the City 

will maintain the system until the Site 

is deleted from the NPL. The City is 

responsible to ensure groundwater use 

remains prohibited and that the 

Kishwaukee River is adequately 

protected. Ongoing sampling indicates 

no contamination in the river. The 

primary activities associated with O&M 

for the final cover system include: 

Routine landscape and monitoring 

equipment maintenance, security and 

access control, cover integrity surveys, 

and air monitoring. 

Institutional Controls 

A Restrictive Covenant Agreement 

was recorded in February 1991 to insure 

the integrity of the RA. The restrictions 

‘‘runs with the land’’ and include 

prohibition of groundwater use and 

construction activities on the clay cap. 

The BCCD maintains ownership of the 

Site for use as a park and conservation 

purposes. In addition, Belvidere City 

Ordinance Code, Section 114–160 

(1997) prohibits the construction, 

alteration, rebuilding, or restoration of 

private wells within city limits. 

Five-Year Review 

EPA has conducted four statutory 

five-year reviews (FYRs) under Section 

121(c) of the CERCLA (1995, 2000, 2005, 

and 2010). The purpose of a statutory 

FYR is to evaluate whether a completed 

RA remains protective of human health 

and the environment at sites where 

hazardous waste remains on-site at 

levels that do not allow for unlimited 

use and unrestricted exposure. EPA 

concluded that all the RAs are in place 

and protective. The next FYR will be 

conducted in 2015. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion of this Site from the NPL 

are available to the public in the 

information repositories, and at 

www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that sites may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Illinois, has determined that 

the responsible parties have 

implemented all response actions 

required. 

V. Deletion Action 

EPA, with concurrence of the State of 

Illinois through IEPA, has determined 

that all appropriate response actions 

under CERCLA, other than 

maintenance, monitoring, and five-year 

reviews have been completed. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective February 9, 2015 

unless EPA receives adverse comments 

by January 12, 2015. If adverse 

comments are received within the 30- 


tkelley on DSK3SPTVN1PROD with RULES
73478 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

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. 

Dated: November 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘Belvidere 

Municipal Landfill’’, ‘‘City of Belvidere, 

IL’’. 

[FR Doc. 2014–29032 Filed 12–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0318; FRL–9920– 

06–OSWER] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

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 (‘‘the 

EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule adds one site, 

Colorado Smelter, to the General 

Superfund section of the NPL. 

DATES: The document is effective on 

January 12, 2015. 

ADDRESSES: Contact information for the 

EPA Headquarters and EPA Region 8 

dockets: 

• Docket Coordinator, Headquarters; 

U.S. Environmental Protection Agency; 

CERCLA Docket Office; 1301 

Constitution Avenue NW.; William 

Jefferson Clinton Building West, Room 

3334, Washington, DC 20004, 202/566– 

0276. 

• Sabrina Forrest, Region 8 (CO, MT, 

ND, SD, UT, WY), U.S. EPA, 1595 

Wynkoop Street, Mailcode 8EPR–B, 

Denver, CO 80202–1129; 303/312–6484. 

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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. What are CERCLA and SARA? 

B. What is the NCP? 

C. What is the National Priorities List 

(NPL)? 

D. How are sites listed on the NPL? 

E. What happens to sites on the NPL? 

F. Does the NPL define the boundaries of 

sites? 

G. How are sites removed from the NPL? 

H. May the EPA delete portions of sites 

from the NPL as they are cleaned up? 

I. What is the construction completion list 

(CCL)? 

J. What is the Sitewide Ready for 

Anticipated Use measure? 

K. What is state/tribal correspondence 

concerning NPL listing? 

II. Availability of Information to the Public 

A. May I review the documents relevant to 

this final rule? 

B. What documents are available for review 

at the EPA headquarters docket? 

C. What documents are available for review 

at the EPA Region 8 docket? 

D. How do I access the documents? 

E. How may I obtain a current list of NPL 

sites? 

III. Contents of This Final Rule 

A. Addition to the NPL 

B. What did the EPA do with the public 

comments it received? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Background 

A. What are CERCLA and SARA? 

In 1980, Congress enacted the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or 

‘‘the Act’’), in response to the dangers of 

uncontrolled releases or threatened 

releases of hazardous substances, and 

releases or substantial threats of releases 

into the environment of any pollutant or 

contaminant that may present an 

imminent or substantial danger to the 

public health or welfare. CERCLA was 

amended on October 17, 1986, by the 

Superfund Amendments and 

Reauthorization Act (‘‘SARA’’), Public 

Law 99–499, 100 Stat. 1613 et seq. 

B. What is the NCP? 

To implement CERCLA, the EPA 

promulgated the revised National Oil 

and Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’), 40 CFR part 

300, on July 16, 1982 (47 FR 31180), 

pursuant to CERCLA section 105 and 

Executive Order 12316 (46 FR 42237, 

August 20, 1981). The NCP sets 

guidelines and procedures for 

responding to releases and threatened 

releases of hazardous substances, or 

releases or substantial threats of releases 


tkelley on DSK3SPTVN1PROD with RULES