50794 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

Annual units that commenced operation 

prior to January 1, 2010, in the State and 

the state-determined amount of TR NOX

Annual allowances allocated to each 

unit on such list for the 2016 control 

period, as approved by EPA on August 

21, 2015, [Insert Federal Register 

citation]. 

* * * * * 

[FR Doc. 2015–20629 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R10–RCRA–2015–0307; FRL–9932– 

87–Region 10] 

Idaho: Final Authorization of State 

Hazardous Waste Management 

Program; Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Idaho applied to the 

Environmental Protection Agency (EPA) 

for final authorization of certain changes 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA), as amended. On 

June 2, 2015, the EPA published a 

proposed rule to authorize the changes 

and opened a public comment period 

under Docket ID No. EPA–R10–RCRA– 

2015–0307. The comment period closed 

on July 2, 2015. The EPA received no 

comments on the proposed rule. The 

EPA has determined that the revisions 

to the Idaho hazardous waste 

management program satisfy all the 

requirements necessary to qualify for 

final authorization. The EPA is 

approving these revisions to Idaho’s 

authorized hazardous waste 

management program in this final rule. 

DATES: Final authorization for the 

revisions to the hazardous waste 

management program in Idaho shall be 

effective at 1 p.m. EST on September 21, 

2015. 

ADDRESSES: Docket: All documents in 

the docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information 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 www.regulations.gov or 

in hard copy at the EPA Region 10 

Library, 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101. The EPA 

Region 10 Library is open from 9:00 a.m. 

to noon, and 1:00 to 4:00 p.m. pst 

Monday through Friday, excluding legal 

holidays. The EPA Region 10 Library 

telephone number is (206) 553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Barbara McCullough, U.S. EPA, Region 

10, 1200 Sixth Avenue, Suite 900, Mail 

Stop: AWT–150, Seattle, Washington 

98101, email: mccullough.barbara@

epa.gov, phone number (206) 553–2416. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, states must change their 

programs and ask the EPA to authorize 

their changes. Changes to state programs 

may be necessary when Federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to the EPA’s regulations 

codified in Title 40 of the Code of 

Federal Regulations (CFR) parts 124, 

260 through 268, 270, 273, and 279. 

Idaho’s hazardous waste management 

program received final authorization 

effective on April 9, 1990 (55 FR 11015, 

March 29, 1990). Subsequently, the EPA 

authorized revisions to the State’s 

program effective June 5, 1992 (57 FR 

11580, April 6, 1992), August 10, 1992 

(57 FR 24757, June 11, 1992), June 11, 

1995 (60 FR 18549, April 12, 1995), 

January 19, 1999 (63 FR 56086, October 

21, 1998), July 1, 2002 (67 FR 44069, 

July 1, 2002), March 10, 2004 (69 FR 

11322, March 10, 2004), July 22, 2005 

(70 FR 42273, July 22, 2005), February 

26, 2007 (72 FR 8283, February 26, 

2007), December 23, 2008 (73 FR 78647, 

December 23, 2008), and July 11, 2012 

(77 FR 34229, June 11, 2012). 

This final rule addresses a program 

revision application that Idaho 

submitted to the EPA in February 2015, 

in accordance with 40 CFR 271.21, 

seeking authorization of changes to the 

State program. On June 2, 2015, the EPA 

published a proposed rule (80 FR 

31338) stating the Agency’s intent to 

grant final authorization for revisions to 

Idaho’s hazardous waste management 

program. The public comment period on 

this proposed rule ended on July 2, 

2015, with no comments received. 

B. What decisions have we made in this 

final rule concerning authorization? 

The EPA has made a final 

determination that Idaho’s revisions to 

its authorized hazardous waste 

management program meet all the 

statutory and regulatory requirements 

established by RCRA for authorization. 

Therefore, the EPA is authorizing the 

revised State of Idaho hazardous waste 

management program for all delegable 

Federal hazardous waste regulations 

codified by Idaho as of July 1, 2013, as 

described in the Attorney General’s 

Statement in the February 2015 program 

revision application, and as discussed 

in Section E of this rule. Idaho’s 

authorized program will be responsible 

for carrying out the aspects of the RCRA 

program described in its program 

revision application subject to the 

limitations of RCRA, including the 

Hazardous and Solid Waste 

Amendments (HSWA) 42 U.S.C. 6924, 

et seq. (1984). New Federal 

requirements and prohibitions imposed 

by Federal regulations that the EPA 

promulgates under the authority of 

HSWA, and which are not less stringent 

than existing requirements, take effect 

in authorized states before the states are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in Idaho, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What will be the effect of this action? 

The effect of this action is that a 

facility in Idaho subject to RCRA must 

comply with the authorized state 

program requirements in lieu of the 

corresponding Federal requirements to 

comply with RCRA. Additionally, such 

persons must comply with any 

applicable Federal requirements, such 

as, for example, HSWA regulations 

issued by the EPA for which the State 

has not received authorization, and 

RCRA requirements that are not 

supplanted by authorized state 

requirements. Idaho continues to have 

enforcement responsibilities under its 

state hazardous waste management 

program for violations of this program, 

but the EPA retains its authority under 

RCRA sections 3007, 3008, 3013, and 

7003, 42 U.S.C. 6927, 6928, 6934 and 

6973, and any other applicable statutory 

and regulatory provisions, which 

includes, among others, the authority to: 

• Conduct inspections; 

• Require monitoring, tests, analyses, 

or reports; 

• Enforce RCRA requirements; 

• Suspend, terminate, modify or 

revoke permits; and 


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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50795 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This final action authorizing these 

revisions will not impose additional 

requirements on the regulated 

community because the regulations for 

which Idaho will be authorized are 

already effective under state law and are 

not changed by the act of authorization. 

D. What rules are we authorizing with 

this action? 

On February 11, 2015, Idaho 

submitted a program revision 

application to the EPA requesting 

authorization for all delegable Federal 

hazardous waste regulations codified as 

of July 1, 2012, incorporated by 

reference in IDAPA 58.01.05.000, et seq, 

which were adopted and effective in the 

State of Idaho on April 4, 2013. This 

authorization revision request includes 

the following federal rules for which 

Idaho is being authorized for the first 

time: Removal of Saccharin and its Salts 

from the Lists of Hazardous 

Constituents, Hazardous Wastes, and 

Hazardous Substances, 75 FR 78918, 

December 17, 2010; Technical 

Corrections to the Academics Lab Rule, 

75 FR 79304, December 20, 2010; 

Revisions to the Treatment Standards 

for Carbamate Wastes, 76 FR 34147, 

June, 13, 2011; Hazardous Waste 

Manifest Printing Specifications 

Corrections, 76 FR 36363, June 22, 2011; 

and Hazardous Waste Technical 

Corrections and Clarifications Rule, 77 

FR 22229, April 13, 2012. The EPA is 

authorizing the state’s hazardous waste 

program in its entirety through July 1, 

2013. There were no final federal RCRA 

hazardous waste regulations 

promulgated by the EPA from July 1, 

2012 to July 1, 2013. 

E. Where are the revised state rules 

different from the Federal rules? 

Under RCRA Section 3009, the EPA 

may not authorize state law that is less 

stringent than the Federal program. Any 

state law that is less stringent does not 

supplant the Federal regulations. State 

law that is broader in scope than the 

Federal program requirements is not 

authorized. State law that is equivalent 

to, and state law that is more stringent 

than, the Federal program may be 

authorized, in which case those 

provisions are enforceable by the EPA. 

This section discusses certain rules 

where the EPA has made the finding 

that Idaho’s program is more stringent 

and will be authorized, and discusses 

certain portions of the Federal program 

that are not delegable to the State 

because of the Federal government’s 

special role in foreign policy matters 

and because of national concerns that 

arise with certain decisions. 

The EPA does not authorize states to 

administer Federal import and export 

functions in any section of the RCRA 

hazardous waste regulations. Even 

though states do not receive 

authorization to administer the Federal 

government’s import and export 

functions, found in 40 CFR part 262, 

subparts E, F and H, state programs are 

required to adopt the Federal import 

and export provisions to maintain their 

equivalency with the Federal program. 

Idaho amended its import and export 

laws to include the Federal rule on 

Organization for Economic Cooperation 

and Development (OECD) 

Requirements; Export Shipments of 

Spend Lead-Acid Batteries (75 FR 1236, 

January 8, 2010). The State’s rule is 

found at IDAPA 58.01.05.006. The EPA 

will continue to implement those 

requirements directly through the RCRA 

regulations. 

The EPA has found that Idaho’s 

Emergency Notification Requirements 

(IDAPA 58.01.05.006.02), are more 

stringent than the Federal program. This 

is because the State’s regulations require 

that the State Communications Center 

be contacted along with the Federal 

Center. The EPA has found the State’s 

statutory requirement requiring 

hazardous waste generators and 

commercial hazardous waste disposal 

facilities to file annual hazardous waste 

generation reports, Idaho Code § 39– 

4411(4) and 39–4411(5), to be more 

stringent than the Federal program. As 

the EPA can authorize rules that are 

determined to be more stringent than 

the Federal program, these requirements 

are authorized. 

F. Who handles permits after the 

authorization takes effect? 

Idaho will continue to issue permits 

for all the provisions for which it is 

authorized and administer the permits it 

issues. If the EPA issued permits prior 

to authorizing Idaho for these revisions, 

these permits would continue in force 

until the effective date of the State’s 

issuance or denial of a state hazardous 

waste permit, at which time the EPA 

would modify the existing EPA permit 

to expire at an earlier date, terminate the 

existing EPA permit for cause, or allow 

the existing EPA permit to otherwise 

expire by its terms, except for those 

facilities located in Indian Country. The 

EPA will not issue new permits or new 

portions of permits for provisions for 

which Idaho is authorized after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which Idaho is not yet authorized. 

G. How does this action affect Indian 

country (18 U.S.C. 1151) in Idaho? 

Idaho is not authorized to carry out its 

hazardous waste program in Indian 

country, as defined in 18 U.S.C. 1151. 

Indian country includes: 

1. All lands within the exterior 

boundaries of Indian reservations 

within or abutting the State of Idaho; 

2. Any land held in trust by the U.S. 

for an Indian tribe; and 

3. Any other land, whether on or off 

an Indian reservation, that qualifies as 

Indian country. 

Therefore, this action has no effect on 

Indian country. The EPA will continue 

to implement and administer the RCRA 

program on these lands. 

H. Statutory and Executive Order 

Reviews 

This final rule revises the State of 

Idaho’s authorized hazardous waste 

management program pursuant to 

Section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by state law. This final rule 

complies with applicable executive 

orders and statutory provisions as 

follows: 

1. Executive Order 12866 and 13563 

This action authorizes revisions to the 

federally approved hazardous waste 

program in Idaho. This type of action is 

exempt from review under Executive 

Order (EO) 12866 (58 FR 51735, October 

4, 1993), and Executive Order 13563 (76 

FR 3821, January 21, 2011). 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This final 

rule does not establish or modify any 

information or recordkeeping 

requirements for the regulated 

community. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA), 5 U.S.C. 601 et seq., 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of this 


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50796 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

final rule on small entities, small entity 

is defined as: (1) A small business, as 

codified in the Small Business Size 

Regulations at 13 CFR part 121; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. The EPA has 

determined that this action will not 

have a significant impact on small 

entities because the final rule will only 

have the effect of authorizing existing 

requirements under state law and 

imposes no additional requirements 

beyond those imposed by state law. 

After considering the economic impacts 

of this action, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

4. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. This 

action imposes no new enforceable duty 

on any state, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of Section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small government 

entities. 

5. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This final rule 

authorizes existing state rules. Thus, 

Executive Order 13132 does not apply 

to this action. In the spirit of Executive 

Order 13132, and consistent with the 

EPA policy to promote communications 

between the EPA and state and local 

governments, the EPA specifically 

solicited comment on the proposed 

action from state and local officials but 

did not receive any comments. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

order 13175, because the EPA retains its 

authority over Indian Country and does 

not authorize the state to implement its 

authorized program in Indian Country 

within the state’s boundaries. Thus, the 

EPA has determined that Executive 

Order 13175 does not apply to this final 

rule. The EPA specifically solicited 

comment on the proposed rule from 

tribal officials and received no 

comments. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The 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 

EO 13045 because it approves a state 

program and is authorizing existing 

state rules. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

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

note) directs the 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 the EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

10. 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 action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action authorizes 

existing state rules which are equivalent 

to, and no less stringent than existing 

federal requirements. 

11. Congressional Review Act 

Congressional Review Act (CRA), 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this rule and 

other required information to the US 

Senate, the US House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This rule will be effective 

September 15, 2015. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians-lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 


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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50797 

Dated: August 11, 2015. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2015–20726 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1994–0009; FRL–9932– 

77–Region 4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the National Southwire Aluminum 

(NSA) Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is publishing a 

direct final Notice of Deletion of the 

National Southwire Aluminum (NSA) 

Superfund Site (Site), located in 

Hawesville, Hancock County, Kentucky, 

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 an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by the 

EPA with the concurrence of the State 

of Kentucky, through the Kentucky 

Division of Waste Management 

(KDWM), because the EPA has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring and five-year reviews, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective October 5, 2015 unless the EPA 

receives adverse comments by 

September 21, 2015. If adverse 

comments are received, the 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–1994–0009, by one of the 

following methods: 

D http://www.regulations.gov. Follow 

online instructions for submitting 

comments. 

D Email: townsend.michael@epa.gov. 

D Fax: 404 562–8788. 

D Mail: Michael Townsend, Remedial 

Project Manager—Superfund Division, 

U.S. Environmental Protection Agency 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, GA 30303. 

D Hand Delivery: U.S. Environmental 

Protection Agency Region 4, Atlanta 

Federal Center, 61 Forsyth Street SW., 

Atlanta, GA 30303. 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–1994– 

0009. The 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 the 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 the 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy at: 

Hancock County Public Library 

1210 Madison Street, Hawesville, KY 

42351. Hours: MTWF 8:30 to 4:30, 

Thursday 8:30 to 7:00, Saturday 8:30 to 

12:00. 

FOR FURTHER INFORMATION CONTACT: 

Michael Townsend, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 4, Atlanta Federal 

Center, 61 Forsyth Street SW., Atlanta, 

GA 30303; townsend.michael@epa.gov 

or (404) 562–8813. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

The EPA Region 4 is publishing this 

direct final Notice of Deletion of the 

National Southwire Aluminum (Site), 

from the National Priorities List (NPL). 

The NPL constitutes Appendix B of 40 

CFR part 300, which is the National Oil 

and Hazardous Substances Pollution 

Contingency Plan (NCP), which the EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. The 

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 act ions 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 Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that the EPA is using for this action. 

Section IV discusses the National 

Southwire Aluminum Superfund Site 

and demonstrates how it meets the 

deletion criteria. Section V discusses the 

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 

the 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), the EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 


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