52032 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

I. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

II. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. Today’s determination

does not create any new requirements,

but suspends the indicated

requirements. Therefore, because this

action does not impose any new

requirements, EPA certifies that it does

not have a significant impact on any

small entities affected.

III. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

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 proposed/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 does

not create any new requirements, but

suspends the indicated requirements.

Accordingly, no additional costs to

state, local, or tribal governments, or to

the private sector, result from this

action.

IV. Submission to Congress and the

General Accounting Office

Under section 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).

V. 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 December 5,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule regarding a determination

of attainment of ozone standard and a

determination regarding the

applicability of certain CAA

requirements in the Richmond area 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 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,

Intergovernmental relations, Nitrogen

dioxide, Ozone.

Dated: September 27, 1997.

William T. Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV of chapter

I, title 40 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 VV—Virginia

2. Section 52.2428 is added to read as

follows:

§ 52.2428 Control Strategy: Carbon

monoxide and ozone.

Determination—EPA has determined

that, as of November 5, 1997, the

Richmond ozone nonattainment area,

which consists of the counties of

Chesterfield, Hanover, Henrico, and part

of Charles City County, and of the cities

of Richmond, Colonial Heights and

Hopewell, has attained the 1-hour .12

ppm ozone standard based on three

years of air quality data for 1993, 1994

and 1995. EPA has further determined

that the reasonable further progress and

attainment demonstration requirements

of section 182(b)(1) and related

requirements of section 172(c)(9) of the

Clean Air Act do not apply to the

Richmond area for so long as the area

does not monitor any violations of the

1-hour .12 ppm ozone standard, or until

the area is no longer designated

nonattainment. If a violation of the

ozone NAAQS is monitored in the

Richmond ozone nonattainment area

while the area is designated

nonattainment, these determinations

shall no longer apply.

[FR Doc. 97–26444 Filed 10–3–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5902–7]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Partial Deletion of

Releases from the Saegertown Industrial

Area Site from the National Priorities

List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

releases on certain properties at the

Saegertown Industrial Area Superfund

Site (Site) in Saegertown, Pennsylvania

from the National Priorities List (NPL).

Pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (CERCLA),

EPA promulgated the National Oil and

Hazardous Substances Contingency Plan

(NCP) at 40 CFR part 300. The NPL is

published at appendix B of 40 CFR part

300. EPA and the Commonwealth of

Pennsylvania have determined that all

appropriate Fund-financed and

responsible party-financed responses

under CERCLA have been implemented

on the former GATX property at the

Site, and that no further cleanup is

appropriate for the former GATX

property, the former SCI property or the

SMC property at the Site. Moreover,

EPA and the Commonwealth of

Pennsylvania have determined that the

remedial action conducted on the

former GATX property to date remains
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules and Regulations 52033

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: October 6, 1997.

ADDRESSES: Comprehensive information

about this Site is available through the

public docket, which is available for

viewing at the Site information

repositories at the following locations:

Hazardous Waste Technical Information

Center, 9th Floor, U.S. EPA, Region III,

841 Chestnut Building, Philadelphia,

PA, 19107, (215) 566–5364. Saegertown

Area Library, 320 Broad Street,

Saegertown, PA 16433, (814) 763–5203.

FOR FURTHER INFORMATION CONTACT:

Steven J. Donohue, Remedial Project

Manager, EPA Region III, 841 Chestnut

Building, Philadelphia, PA 19107. 215–

566–3215.

SUPPLEMENTARY INFORMATION: The site to

be partially deleted from the NPL is:

Saegertown Industrial Area Site,

Saegertown, Pennsylvania.

Based primarily on the information

collected during the Remedial

Investigation and Feasibility Study (RI/

FS), EPA issued a Record of Decision

(ROD) for the Saegertown Industrial

Area Site on January 29, 1993. The ROD

called for remedial action on two areas

of the industrial park: the property

formerly owned by the General

American Transportation Corporation

(GATX) and property owned and

operated by the Lord Corporation

(Lord). The RI/FS conducted for the Site

indicated that the releases from the

Spectrum Control, Inc. (SCI) property

and the Saegertown Manufacturing

Company (SMC) property posed no

significant threat to public health or the

environment. The ROD, therefore,

selected no action for the SMC and SCI

properties at the Site. On September 17,

1993 SCI sold its property at the Site to

SMC.

GATX has implemented all

appropriate response actions required

under CERCLA on its former property at

the Site. In July 1997, EPA approved the

remedial action certification report

documenting the completion of the

cleanup of the former GATX property in

accordance with the ROD. With the

exception of the continued monitoring

of the ground water, no further action is

required at the former GATX property.

The former GATX property is available

for unrestricted use and unlimited

access. Due to the continued ground

water monitoring on the former GATX

property, EPA will include this portion

of the Site in the next Five-Year Review

of the Site.

Because the selected remedy for the

ground water below the Lord property at

the Site has not yet been fully

implemented and completed, this

portion of the Site is not yet protective

of human health and the environment,

and is not being proposed for deletion.

A Notice of Intent for Partial Deletion

for this Site was published on August

22, 1997 in the Federal Register (62 FR

44619–44621). The closing date for

comments on the Notice of Intent for

Partial Deletion was September 22,

1997. EPA did not receive any written

comments during the comment period.

EPA identifies sites which appear to

present a significant risk to public

health, welfare, or the environment and

it maintains the National Priorities List

containing those sites. Remedial Actions

at sites on the NPL may be funded by

the Hazardous Substance Response

Trust Fund (Fund). Any site deleted

from the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL. Deletion of

a site from the NPL does not affect the

liability of responsible parties 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

substances, Hazardous waste,

Intergovernmental relations, Superfund,

Water supply.

Dated: September 26, 1997.

W. Michael McCabe,

Regional Administrator, U.S. Environmental

Protection Agency, Region III.

For the reason 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.

2. Table 1 of appendix B to part 300

is amended by revising the entry for

‘‘Saegertown Industrial Area’’,

Saegertown, Pennsylvania to read as

follows:

APPENDIX B TO PART 300—NATIONAL

PRIORITIES LIST

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/County Notes(a)

* * * * * * *

PA ............................................................. Saegertown Industrial Area ..................... Saegertown. ............................................. P

* * * * * * *

(a) A=Based on issuance of a health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need

not be ≤ 28.50).

* * * * *

P=Sites with partial deletion(s).

* * * * *

[FR Doc. 97–26186 Filed 10–3–97; 8:45 am]

BILLING CODE 6560–50–P