Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50873

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by November 28,

1997. Filing a petition for

reconsideration by the Regional

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action to

approve a NOX RACT determination for

a one individual source in Pennsylvania

as a revision to the Commonwealth—s

SIP may not be challenged later in

proceedings to enforce its requirements.

(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: September 16, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c) (128) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(128) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to NOX RACT, submitted on September

13, 1996 and January 21, 1997 by the

Pennsylvania Department of

Environmental Resources (now known

as the Pennsylvania Department of

Environmental Protection).

(i) Incorporation by reference.

(A) Two letters submitted by the

Pennsylvania Department of

Environmental Resources (now, the

Pennsylvania Department of

Environmental Protection) transmitting

source-specific NOX RACT

determinations in the form of an

operating permit on the following dates:

September 13, 1996 and January 21,

1997.

(B) Operating permit (OP). Panther

Creek Energy Facility, Carbon County,

OP # 13–0003, effective date of

December 2, 1996, except for condition

# 7 pertaining to particulate, PM–10,

SO2, CO and VOC emission limits,

condition # 10 pertaining to particulate

emissions, condition # 11 pertaining to

opacity, condition # 12 pertaining to the

Standards of Performance for New

Stationary Sources and the expiration

date.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s September 13, 1996

and January 21, 1997 submittals.

[FR Doc. 97–25755 Filed 9–26–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5898–7]

National Oil and Hazardous Substance

Pollution Contingency Plan National

Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion, Bayou Sorrel

superfund site.

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Bayou Sorrel Superfund Site,

located in Bayou Sorrel, Iberville Parish,

Louisiana, 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,

constitutes Appendix B of 40 CFR part

300, which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP). This action is

being taken by EPA and the State of

Louisiana because it has been

determined that all appropriate

response actions have been

implemented and remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: September 29, 1997.

ADDRESSES: Comprehensive information

on the Site is available through the

public docket which is available for

viewing at the Bayou Sorrel Superfund

Site information repositories at the

following locations: U.S. EPA Region 6

Library (12th Floor), 1445 Ross Avenue,

Dallas, Texas 75202–2733, (214) 665–

6424 / 665–6427; Louisiana Department

of Environmental Quality, 7290

Bluebonnet Road, Baton Rouge,

Louisiana 70809, (504) 765–0487; Police

Jury of Iberville Parish, 510 Meriam,

Plaquemine, LA 70765, (504) 687–5190;

Iberville Parish Library, 1501 J. Gerald

Berret Blvd., Plaquemine, LA 70765,

(504) 687–2520.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Tzhone, Remedial Project

Manager (6SF-LP), U.S. Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

(214) 665–8409.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Bayou

Sorrel Superfund Site, Bayou Sorrel,

Iberville Parish, Louisiana. A Notice of

Intent to Delete for this site was

published on June 4, 1997 (62 FR

30554). The closing date for comments

on the Notice of Intent to Delete was

July 3, 1997. EPA received comments

during and after the public comment

period. All accepted comments,

including those received after the

comment period, and the responses by

EPA have been included in the

Responsiveness Summary (Appendix 1).

EPA identifies sites that appear to

present significant risk to public health,

welfare, or the environment and it

maintains the NPL as the list of those
50874 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

sites. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action in the future; § 300.425(2)(3) of

the NCP. Deletion of a site from the NPL

does not affect responsible party

liability or impede agency efforts to

recover costs associated with response

efforts.

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: September 18, 1997.

Myron O. Knudson,

Acting Regional Administrator, U.S. EPA

Region 6.

For the reasons set out in the

preamble, 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 the site ‘‘Bayou

Sorrel Site, Bayou Sorrel, Louisiana.’’

Note: The following appendix will not

appear in the Code of Federal Regulations.

Appendix 1—Responsiveness

Summary, Bayou Sorrel Superfund

Site, Bayou Sorrel, Iberville Parish,

Louisiana

The Responsiveness Summary has

been prepared to provide written

responses to comments submitted

regarding the Notice of Intent to Delete

(62 FR 30554) for the Bayou Sorrel

Superfund Site. All accepted comments

are presented in the original, submitted

format to the extent possible, with

similar comments combined.

1. I support the decision to delete the

Bayou Sorrel Superfund Site from the

NPL.

EPA appreciates all public support

and input for its decisions. The

concerns of the community are a top

priority in finalizing any actions taken

by the agency. The decision to delete

the Bayou Sorrel Superfund Site from

the National Priorities List was only

considered after all remedial activities

have been completed and concurrence

given by the State of Louisiana.

2. The people of the Bayou Sorrel area

were not made aware of the pollution in

the waterways, fish, crawfish, and

wildlife. The Bayou Sorrel area

residents were never informed of the

dangers caused by the migration of toxic

wastes from the Bayou Sorrel Superfund

Site.

EPA has attempted in every possible

way to share information on the Bayou

Sorrel Superfund Site with area

residents and communities. A

Community Relations Plan (June 1984,

revised July 1990) was developed with

the help of area residents and many

factsheets have been mailed out to

interested citizens, congressional

representatives, and the media. A public

meeting was also held in January 1986

to discuss the cleanup remedy for the

Bayou Sorrel Superfund Site.

Supporting documentation concerning

EPA action at the Bayou Sorrel

Superfund Site can be found at the

Iberville Parish Library, where a

repository has been set up for the

public.

3. ERM Southwest, Inc. discovered

the pollution in 1984. We are not being

advised of the results of monitor wells

overseen by ERM Southwest, Inc., or the

Louisiana Department of Environmental

Quality.

ERM Southwest, Inc. is a company

contracted out by the Bayou Sorrel

Steering Committee for technical

activities concerning the Bayou Sorrel

Superfund Site. Sampling results from

the monitoring wells are reviewed by

both EPA and the State of Louisiana.

These results currently do not suggest

significant risk to public health or the

environment. Data and results are

available for public review at the

information repositories.

4. On February 1994, President

Clinton directed federal agencies to

make sure minorities and the poor aren’t

disproportionately exposed to pollution

and other environmental dangers. We

feel that an environmental injustice is

being done to our communities. We

would welcome an investigation of

these injustices in the very near future.

Our civil rights are being violated.

EPA is very interested in any

environmental justice issues concerning

unfair biases of pollution exposure

toward minorities and the poor. At the

Bayou Sorrel Superfund Site, EPA has

taken civil actions against responsible

parties and implemented site remedial

activities with cooperation from the

responsible parties. However, if further

actions pertaining to environmental

justice are warranted, the

Environmental Justice National Hotline

at 1–800–962–6215, is available for the

community to request an investigation

into this matter.

5. The cap and slurry walls are not

adequate to protect the environment.

The clay can crack and leak, and the

slurry walls can do the same. The

leaking wastes will contaminate the

crawfish, fish, rabbits and other

animals/biota in the area that people

consume for food (not just in the area,

but all over the country). The clay can’t

be trusted to contain the wastes.

The integrity of the cap, slurry walls,

and the underlying clay geology ensures

that no leakage of the contained wastes

can occur. Data collected from the

continued monitoring of groundwater

demonstrate that no significant risk to

public health or the environment is

posed by the hazardous materials

remaining within the cap. The Bayou

Sorrel Superfund Site is currently under

an Operations & Maintenance plan

which calls for water sampling from the

monitoring wells and engineer

inspections of the cap and site. Based on

results from all these activities to date,

and the public health consultation by

the Agency for Toxic Substances and

Disease Registry, EPA verifies the

implemented site remedy is protective

of human health and the environment.

6. Water wells aren’t being tested—

how do we know that chemicals from

the site aren’t leaching into residents’

drinking water?

Data from the monitoring wells

surrounding the capped areas would

immediately reveal if structural integrity

had been breached and wastes were

leaching out. The sampling results from

these monitoring wells have indicated

that the cap and slurry walls are

operational as planned. Also, in August

1993, the Louisiana Office of Public

Health conducted a private well survey

in the Bayou Sorrel vicinity to

determine if shallow groundwater in the

area had been contaminated. Most of the

private wells that were used near the

site in the early 1980’s have been

abandoned and are no longer in use

except for one private well located in

the town of Bayou Sorrel on Bayou

Sorrel Road. A water sample from this

well was analyzed for volatile organic

compounds and metals including

arsenic. No volatile organic compounds

or metals were detected in the private

well water. Municipal water for the

town of Bayou Sorrel is supplied by the

Iberville Parish Waterworks #3 which

draws water out of the Intracoastal

Waterway near the confluence with the

Upper Grand River near Jack Miller’s

Landing. This new water system has

been inspected and surveyed during the

first year of operation and meets all

Federal regulations for primary drinking
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50875

water standards. Additional information

can be found in the Health Consultation

by the Agency for Toxic Substances and

Disease Registry, dated May 8, 1995.

7. No one has ever followed up ‘‘on

anything’’ at the site—only one rabbit

and one fish were tested during the

cleanup. How do we know that animals

and fish aren’t still being contaminated?

Is animal/biota testing still taking place?

Seventy-five fish samples were taken

in the area near the site and analyzed for

polychlorinated biphenyls, pesticides,

volatile organic compounds, and metals,

including arsenic, mercury, and

thallium. The samples were collected by

the Louisiana Department of

Environmental Quality and Louisiana

Office of Public Health in June and July

of 1993. No elevated levels of

polychlorinated biphenyls and

pesticides were detected in the fish. No

volatile organic compounds were

detected in the fish, either. Additional

information can be found in the Health

Consultation by the Agency for Toxic

Substances and Disease Registry, dated

May 8, 1995.

8. Pesticides and PCBs have been

detected in channel catfish, crappie

bass, * * *. Everybody in this area are

consumers of the fish, crawfish, and

wild game obtained in these waterways

and woods. A fishing and hunting ban

should be established in the area of the

site.

EPA is unaware of the alleged

pesticide and polychlorinated biphenyls

detections in the fish. Sampling results

and data collected from supporting state

agencies and EPA indicate otherwise. In

addition, EPA does not establish

hunting and fishing bans. Those actions

are taken by state and local health

agencies.

9. The site should be fenced and

clearly marked as a hazard—establish

institutional controls.

Installation of fences around all

capped areas to restrict access has been

in place since the remedial construction

activities were completed. The fences

are inspected and maintained as part of

the ongoing Operations & Maintenance

site activities. Institutional controls

such as deed restrictions were

established along with posting of

warning signs on all fenced areas. The

gravel roads around the fenced areas

allow for continued recreational use of

adjacent lands and the borrow lake

while diverting traffic around and away

from the capped areas.

10. The site is adding to the overall

pollution of the area—such as the

‘‘illegal’’ injection well in Bayou Sorrel.

The permit for that well should have

never been renewed—that well is

‘‘illegal.’’

The permits for injection wells in

Louisiana are given by the Louisiana

Department of Natural Resources and

checked for federal regulations

compliance by EPA. The permitted,

legal injection well within Bayou Sorrel

currently meets all federal standards

and has satisfactorily passed state

inspections.

11. The community unanimously

objected to the cap/containment remedy

for this site, but EPA, the State and the

industries that polluted the site went

ahead and did what they wanted to

anyway. Has the public ever ‘‘gotten

their wishes’’ when it comes to

Superfund cleanups or permits? Or can

someone high up in EPA tell them that

the ‘‘fix is already in’’ so we can stop

wasting our time commenting on things

that have already been decided?

EPA encourages the community to

participate at all points during the

Superfund process. EPA invited the

community to participate in selecting

the remedy for the Bayou Sorrel

Superfund Site during the Record of

Decision phase in 1986. At that time,

the community raised a number of

questions and concerns regarding

remediation of the site. These comments

can be found in the Record of Decision

dated November 14, 1986. As a result of

the community’s input and other

considerations, the cap/containment

remedy for the Bayou Sorrel Superfund

Site was selected as the best alternative

after evaluating performance, reliability,

engineering implementability, public

health and welfare, environmental

impacts, institutional factors, and costs.

EPA solicited and reviewed

comments regarding its intent to delete

the Bayou Sorrel Superfund Site from

the National Priorities List. The decision

to delete any Superfund site from the

National Priorities List is not final until

EPA has extended an opportunity to the

public to comment on the proposed

action. At this time, EPA has decided to

move forward with its decision to delete

the Bayou Sorrel Superfund Site from

the National Priorities List, but only

after careful consideration and response

to all public comments. EPA has also

established a Superfund Ombudsman

position to address any concerns from

the public on the Superfund process.

Please feel free to contact the EPA

Region 6 Superfund Ombudsman at 1–

800–533–3508, to share any concerns

which were not resolved to your

satisfaction.

[FR Doc. 97–25653 Filed 9–26–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–102; RM–8969]

Radio Broadcasting Services; Slidell

and Kenner, LA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Phase II Broadcasting, reallots

Channel 287C1 from Slidell to Kenner,

Louisiana, and modifies Station WLTSFM’s license to specify Kenner as its

community of license. See 62 FR 15869,

April 3, 1997. Channel 287C1 can be

allotted to Kenner in compliance with

the Commission’s minimum distance

separation requirements at the site

specified in Station WLTS-FM’s license.

The coordinates for Channel 287C1 at

Kenner are 29–58–57 NL and 89–57–09

WL. With this action, this proceeding is

terminated.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–102,

adopted September 10, 1997, and

released September 19, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, ITS, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Louisiana, is

amended by removing Slidell, Channel

287C1 and adding Kenner, Channel

287C1.