```

[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Proposed Rules]
[Pages 24134-24138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09540]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9805-7]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Koppers Co., Inc. (Florence 
Plant) Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing 
a Notice of Intent to Delete the Koppers Co., Inc. (Florence Plant) 
Superfund Site (Site) located in Florence, South Carolina, from the 
National Priorities List (NPL) and requests public comments on this 
proposed action. 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). The EPA and the 
South Carolina Department of Health and Environmental Control (SCDHEC) 
have determined that no further response activities under CERCLA are 
appropriate. However, this deletion does not preclude future actions 
under Superfund.

DATES: Comments must be received by May 24, 2013.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0011, by one of the following methods:
    http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: jones.yvonneo@epa.gov.
     Fax: 404-562-8788 Attention: Yvonne Jones.
     Mail: Yvonne Jones, Remedial Project Manager, Superfund 
Remedial Section, Superfund Remedial Branch, Superfund Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional EPA Office is open for business Monday 
through Friday, 8:30 a.m. to 4:00 p.m., excluding Federal Holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2005-0011. 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

[[Page 24135]]

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 
where 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:
    Regional Site Information Repository: U.S. EPA Record Center, Attn: 
Ms. Anita Davis, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Hours of Operation (by appointment only): 
8:30 a.m. to 4:00 p.m., Monday through Friday.
    Local Site Information Repository: Florence County Library, 509 S. 
Dargan Street, Florence, SC 29506. Hours of Operation: 9:00 a.m.-8:30 
p.m., Monday through Thursday. 9:00 a.m.-5:30 p.m., Friday through 
Saturday. 2:00 p.m.-6:00 p.m., Sunday.

FOR FURTHER INFORMATION CONTACT: Yvonne Jones, Remedial Project 
Manager, Superfund Remedial Section, Superfund Remedial Branch, 
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960, (404) 562-8793, 
Electronic mail at: jones.yvonneo@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region 4 announces its intent to delete the Koppers Co., Inc. 
(Florence Plant) Superfund Site (Site) from the National Priorities 
List (NPL) and requests public comment on this proposed action. The NPL 
constitutes Appendix B of 40 CFR part 300 which is the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA) of 1980, as amended. 
As a general matter, deletion of the Koppers Co., Inc. (Florence Plant) 
Superfund Site from the NPL will clarify that the South Carolina 
Department of Health and Environmental Control (SCDHEC), Bureau of Land 
and Waste Management Resource Conservation and Recovery Act (``RCRA'') 
Program will have primary responsibility for ensuring that the 
hazardous wastes released at the Site are appropriately remediated. 
Notwithstanding any such deletion of this Site from the NPL, in the 
event that conditions at this Site warrant additional remedial 
corrective action, this Site remains eligible for Fund-financed 
remedial action. Pursuant to section 300.425(e)(3) of the NCP, 40 CFR 
300.425(e)(3): ``All releases deleted from the NPL are eligible for 
further Fund-financed remedial actions should future conditions warrant 
such action. Whenever there is a significant release from a site 
deleted from the NPL, the site shall be restored to the NPL without 
application of the [Hazard Ranking System].'' Therefore, deletion of 
this, or any other, site from the NPL does not preclude eligibility for 
subsequent Fund-financed remedial action if future conditions warrant 
such action.
    EPA will accept comments on the proposal to delete this site for 
thirty (30) days after publication of this document in the Federal 
Register.
    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 Koppers Co., Inc. (Florence 
Plant) Superfund Site and demonstrates how it meets the deletion 
criteria.

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.
    Consistent with Section 300.425(e) of the NCP, 40 CFR 300.425(e), 
EPA proposes deletion of the Koppers Co., Inc. (Florence Plant) Site 
because, as explained further below, no further CERCLA response is 
appropriate. This determination is based on a policy that EPA has 
adopted for implementation of the NPL deletion criteria. This policy, 
entitled ``The National Priorities List for Uncontrolled Hazardous 
Waste Sites; Deletion Policy for Resource Conservation and Recovery Act 
Facilities,'' was published in the Federal Register on March 20, 1995 
(60 FR 14641). This policy sets forth the following criteria and their 
general application for deleting RCRA facilities from the NPL:
    1. If evaluated under EPA's current RCRA/NPL deferral policy (which 
refers to the policy in effect at the time the deletion decision is 
made. As past Federal Register notices demonstrate, the RCRA/NCP 
deferral policy has changed, and may continue to change based upon the 
Agency's continued evaluation of how best to implement the statutory 
authority of RCRA and CERCLA), the site would be eligible for deferral 
from listing on the NPL;
    2. The CERCLA site is currently being addressed by RCRA corrective 
action authorities under an existing enforceable order, or permit, 
containing corrective action provisions;
    3. Response under RCRA is progressing adequately; and
    4. Deletion would not disrupt an ongoing CERCLA action.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of South Carolina before 
developing this Notice of Intent to Delete.
    (2) The State of South Carolina, through SCDHEC, has concurred with 
deletion of the Site from the NPL.
    (3) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper,

[[Page 24136]]

Florence Morning News. 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.
    If adverse comments are received within the 30-day public comment 
period on this document, EPA will evaluate and respond appropriately to 
the comments before making a final decision to delete. If necessary, 
EPA will prepare a Responsiveness Summary to address any significant 
public comments received. After the public comment period, if EPA 
determines it is still appropriate to delete the Site, the Regional 
Administrator will publish a final Notice of Deletion in the Federal 
Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties, and will be placed in the site information 
repositories listed above.
    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 
Site from the NPL.

A. Site Background

    The Koppers Co., Inc. (Florence Plant) Superfund Site (Facility) 
(EPA CERCLIS Identification Number SCD003353026) is situated within an 
approximate 200-acre tract located along North Koppers Street in 
Florence, Florence County, South Carolina. The Facility is within an 
area that is currently zoned industrial. The surrounding property is 
used for a mixture of industrial, commercial, residential, and 
transportation purposes. Private residential development borders the 
northwest portion of the Facility. CSX Transportation owns and operates 
a rail yard immediately south of the Facility. Areas to the north, 
west, and east are relatively undeveloped. The Florence City-County 
Airport is located south of the Facility across U.S. Highway 76/301.
    Constructed by the American Lumber and Treating Company, the 
Facility has been in operation since 1946. Koppers Company, Inc. (KCI) 
acquired the property in 1954. On December 29, 1988, KCI sold certain 
of its business assets, including the Koppers Facility in Florence, as 
well as the right to use the ``Koppers'' trade name, to Koppers 
Industries, Inc., (now known as Koppers Inc. [KI]). Shortly thereafter, 
in January 1989, KCI changed its name to ``Beazer Materials and 
Services, Inc.,'' and then again changed its name, in April 1990, to 
``Beazer East, Inc.'' (Beazer), its current name. KI currently owns the 
Florence Wood Treating Facility. The Facility produces treated wood 
products, including telephone poles, railroad ties, and fencing 
materials for the utilities, railroad, and construction industries. The 
primary wood preserving processes at the Facility are pressure 
treatment with creosote, pressure treatment with pentachlorophenol 
(PCP), and treatment with chromated-copper arsenate. A fire retardant 
was previously (prior to 1988) used at the Facility. While the Facility 
is currently owned and operated by KI, Beazer retains responsibility 
for addressing certain environmental conditions caused by site 
activities occurring before December 1988.
    Past practices at the Facility led to contamination of the soil, 
sediment and groundwater. From the beginning of plant operations until 
1979, creosote and PCP wastes at the Facility were stored in lagoons 
located in the southwest corner of the Facility. In 1979, the use of 
these lagoons was discontinued and the waste was land-farmed using a 
process called spray irrigation. Prior to closure of the impoundments 
and the spray irrigation field, wastewater flowed to three RCRA surface 
impoundments. In 1980, a local resident notified SCDHEC that water from 
his well had a creosote odor and a foul taste. Other residents of the 
same area indicated similar taste and odor problems with their well 
water. SCDHEC officials tested the well water in this area and 
determined that it contained a significant level of creosote. In 
response to the findings at the Facility, in October 1981, SCDHEC 
issued Consent Order 81-56-W requiring KCI (now known as Beazer) to 
proceed with studies to investigate groundwater conditions. Following 
additional negotiations with SCDHEC, KCI (now known as Beazer) provided 
public water to a neighborhood directly downgradient of the Facility by 
funding water main extensions to the City of Florence water supply 
system.
    From 1981 to the present, various investigations have been 
performed at the Facility. Contaminants identified as being of concern 
included PCP and other chlorinated phenols, polycyclic aromatic 
hydrocarbons, copper, chromium, arsenic, and varied constituents of 
creosote. As an interim measure, KCI constructed a groundwater 
containment and recovery system at the Facility in August 1983. Due to 
the presence of groundwater contamination, EPA also proposed the Site 
on the NPL on September 8, 1983 (48 FR 40674) and finalized the Site on 
the NPL on September 21, 1984 (49 FR 37070).
    Facility-wide investigations began in 1986, with EPA conducting the 
RCRA Facility Assessment (RFA). The RFA identified thirty-three solid 
waste management units (SWMUs) located throughout the Facility. To 
simplify the response efforts, EPA, SCDHEC, and KCI (now known as 
Beazer) agreed to implement a Facility-wide approach to address 
historical releases from all former Facility sources and the thirty-
three SWMUs. To further address the Site, in February 3, 1988, EPA 
issued a RCRA 3008(h) Consent Order (Docket Number 88-03-R) (RCRA CO) 
requiring KCI (now known as Beazer) to perform a RCRA Facility 
Investigation, Health and Ecological Risk Assessment and a Corrective 
Measures Study (RFI/HERA/CMS) at the Facility.
    Concurrent with the RFI/HERA/CMS, in September 1995, SCDHEC issued 
the Post-Closure Care Hazardous Waste Permit (Permit Number SCD 003 353 
026) requiring KI and Beazer to conduct long-term monitoring and 
maintenance activities necessary to protect the surrounding environment 
and population from releases of hazardous constituents. The 1995 Post-
Closure Care Hazardous Waste Permit incorporates the RCRA CO .
    Pursuant to the RCRA CO and the 1995 Post-Closure Care Hazardous 
Waste Permit, the CMS was finalized in August 2006. The findings of the 
RFI/HERA/CMS identified potential risks from several areas at the 
Facility and required corrective measures for the following media to 
address those risks:
    On-site Facility Soils: Consists of potentially impacted surface 
and subsurface soils within the property boundary of the Facility known 
as the Inactive Non-Process Area (INPA). The INPA is located in a 
wooded area immediately west of the active portion of the Facility 
approximately 100 feet upstream of Outfall 001.
    Off-site Facility Soils: Consists of potentially impacted surface 
soil within

[[Page 24137]]

the drainage ditch downgradient of Outfall 001. The Outfall 001 channel 
area is located adjacent to the southwest corner of the Facility on 
property owned by the CSX Corporation.
    Off-site Facility Sediment: Consists of potentially impacted stream 
sediments in Two-Mile Creek, downgradient, and near the stormwater 
detention pond. Two Mile Creek is located approximately 400 feet east 
of the Site entrance.
    Groundwater: Consists of on-site Facility and off-site Facility 
potentially impacted groundwater present within the upper unconfined 
water-bearing zone.
    Taking into consideration regulatory requirements and the results 
of the HERA, the following Corrective Action Objectives (CAOs) were 
developed:
On-Site CAOs
     Soils--Mitigate unacceptable exposures to Site-related 
constituents in soils for potential on-site Facility receptors.
     Groundwater--Mitigate potential future exposure to Site-
related groundwater constituents that exceed the safe drinking water 
standards or acceptable risk levels.
     Manage dense non-aqueous phase liquid (DNAPL) in 
accordance with EPA guidance on NAPLs.
Off-Site CAOs
     Surface Soils/Sediments--Mitigate unacceptable exposures 
to Site-related constituents in surface soils and sediments for 
potential off-site Facility receptors.
     Groundwater--Mitigate potential exposure to groundwater 
constituents that exceed the safe drinking water standards or 
acceptable risk levels. Manage DNAPL in accordance with EPA guidance on 
NAPLs.
Additional CAOs
     Perform comprehensive corrective actions that integrate 
the components of the Facility-wide and the regulated unit corrective 
measures;
     Optimize long-term operations and maintenance (O&M); and
     Establish appropriate Institutional Controls to ensure 
that future use is consistent with the CAOs.
    To achieve the CAOs, the facility completed the Corrective Measures 
(CM) Work Plan in December 2011.The CM Work Plan presents the approach 
to implement corrective measures at the following areas:
Inactive Non-Process Area (INPA)
    The area of excavation is approximately 5,200 square feet in size. 
Six inches of soil, [approximately 100 cubic yards (cy)] will be 
excavated from this area and placed in the on-site Corrective Action 
Management Unit (CAMU). Imported fill material will be used to restore 
the excavated area to original contours. Once the area has been 
backfilled and graded, the area will be revegetated (seeded and 
mulched). Mulching will consist of the placement of an erosion control 
mulch blanket.
Channel Below Outfall 001
    The area of excavation is approximately 93,300 square feet. Two 
feet of soil (approximately 6,900 cy) will be excavated from this area 
and placed in the on-site CAMU. Imported fill material will be used to 
restore the excavated area to near-original contours. Once the area has 
been backfilled and graded, the area will be revegetated.
Two Localized and Nearby Segments Within Two Mile Creek
    Two areas totaling approximately 2,300 square feet will be 
excavated within the streambed. One foot of soil (approximately 85 cy) 
will be excavated from these areas, which are located on the north and 
south sides of North Koppers Street, and placed in the on-site CAMU. 
Imported fill material with a gradation similar to the existing channel 
substrate will be used to restore the channel bottom. Once the 
streambed has been reestablished, any areas adjacent to the creek that 
were disturbed in order to provide access to the work areas will be 
revegetated.
    The construction activities described in the CM Work Plan commenced 
on April 23, 2012 and concluded in November 2012. A construction 
completion report will be submitted to SCDHEC for review and approval. 
In addition, beginning at the end of the fifth year of operation and 
maintenance and monitoring, the system effectiveness will be evaluated 
at 5-year intervals. In addition, a Corrective Measure completion 
report will be submitted to SCDHEC when the corrective measure criteria 
have been satisfied.
    The Facility is subject to environmental investigation and remedial 
obligations pursuant to CERCLA, the requirements of the RCRA CO and the 
corrective action requirements of the South Carolina Hazardous and 
Solid Waste Amendments (HSWA) portion of the Post-Closure Care Permit. 
EPA and SCDHEC have agreed that the RCRA Program has primary 
responsibility for the ongoing activities at the Site.

B. Determination That the Site Meets the RCRA Deferral Criteria Set 
Forth in EPA's March 20, 1995, Policy

    1. If evaluated under EPA's current RCRA/NPL deferral policy, the 
Site would be eligible for deferral from listing on the NPL.
    At the time of the NPL listing, the Site posed a threat to human 
health and the environment that was not being addressed under CERCLA, 
or RCRA corrective action authorities. At that time, EPA determined 
that the most expeditious way to address the contamination at the Site 
was through the use of CERCLA authorities. Prior to the enactment of 
the HSWA in 1984 only releases to groundwater from regulated units, 
i.e. surface impoundments, waste piles, land treatment areas, and 
landfills, were subject to corrective action requirements under RCRA. 
The enactment of HSWA greatly expanded RCRA Subtitle C corrective 
action authorities. As a result, KCI (now known as Beazer) and EPA on 
February 3, 1988, entered into a RCRA CO and the order has been 
addressing all of the contamination at the Site pursuant to section 
3008(h) of RCRA. In addition, in September 1995, SCDHEC issued the 
Post-Closure Care Hazardous Waste Permit requiring KI and Beazer to 
conduct long-term monitoring and maintenance activities necessary to 
protect the surrounding environment and population from releases of 
hazardous constituents. This 1995 Post-Closure Care Hazardous Waste 
Permit included post-closure care of the three former RCRA surface 
impoundments and the thirty-three SWMUs. Furthermore, the 1995 Post-
Closure Care Hazardous Waste Permit incorporates the RCRA CO. KCI (now 
known as Beazer) is fulfilling the conditions of the RCRA CO, and is in 
compliance with the RCRA CO, and the Post-Closure Care Hazardous Waste 
Permit. Consequently, if this Site was evaluated for NPL listing under 
the current conditions, the Site would qualify for deferral to RCRA.
    2. The CERCLA Site is currently being addressed by RCRA corrective 
action authorities under an existing enforceable order, and permit 
containing corrective action provisions.
    As described previously, EPA and Beazer (previously known as KCI) 
entered into a RCRA CO, pursuant to section 3008(h) of RCRA, on 
February 3, 1988. Under the terms of that RCRA CO, Beazer (then known 
as KCI) was required to complete an on-site and off-site investigation 
of the nature and extent of the release of hazardous wastes from the 
Site, and to conduct a study to evaluate various cleanup alternatives.

[[Page 24138]]

Beazer is fulfilling the conditions of the RCRA CO, and is currently in 
compliance with the RCRA CO, and the Post-Closure Care Hazardous Waste 
Permit.
    As also described previously, the 1988 RCRA CO will remain in 
effect until such time when SCDHEC determines that the terms of this 
order have been satisfied. All known contaminated media (groundwater 
and soils), on and off-site, are being addressed through SCDHEC, and 
EPA's exercise of its corrective action authorities pursuant to RCRA.
    3. Response under RCRA is progressing adequately.
    Corrective action is progressing satisfactorily under the RCRA CO, 
as described above. Pursuant to the RCRA CO, Beazer has completed the 
RFI, HERA, CMS, and is implementing the selected remedy at the 
Facility. To prevent off-site migration of groundwater contamination, 
and treat contaminated groundwater, Beazer (previously known as KCI) 
constructed a groundwater containment and recovery system at the 
Facility in August 1983. Operation and monitoring activities for the 
groundwater containment and recovery system are ongoing. The 
construction activities required to address the soil contamination 
concluded in November 2012. Approximately 7000 cubic yards of soil have 
been excavated from the Inactive Non-Process Area, and the Channel 
below Outfall 001. This soil was placed in the on-site CAMU. Imported 
fill material was used to restore the excavated areas to original 
contours. In addition, completion of the construction activities 
included excavation of two areas within Two Mile Creek. There has been 
no history of protracted negotiations due to lack of cooperation.
    4. Deletion would not disrupt an ongoing CERCLA action.
    The RCRA Program is implementing the evaluation and remedy 
selection activities normally covered during the Remedial 
Investigation/Feasibility Study process under CERCLA, under the RCRA 
CO. In a deferral memorandum dated October 26, 1987, EPA issued a 
decision to transfer the Facility from Dual CERCLA/RCRA Coordination to 
`Exclusive RCRA Lead and Responsibility'. There are no ongoing CERCLA 
actions. In addition, EPA and SCDHEC have agreed that response 
activities at the Facility will continue to proceed through RCRA.
    The EPA has received concurrence from SCDHEC. The EPA concludes 
that this Site meets the criteria under the NPL deletion policy, and 
announces its intention to delete the Site from the NPL. The EPA 
believes it is appropriate to delete sites from the NPL based upon the 
deferral policy to RCRA under these established circumstances. Deletion 
of this Site from the NPL, to defer it to RCRA Subtitle C corrective 
action authorities, avoids possible duplication of effort, and the need 
for Beazer to follow more than one set of regulatory procedures. 
Moreover, EPA and SCDHEC have determined that remedial actions 
conducted at the Facility to date and scheduled in the future under 
RCRA, have been and will remain protective of public health, and the 
environment.

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: March 13, 2013.
Gwendolyn Keyes Fleming,
 Regional Administrator, Region 4.
[FR Doc. 2013-09540 Filed 4-23-13; 8:45 am]
BILLING CODE 6560-50-P
```