[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Notices]
[Pages 57810-57811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24675]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6877-3]


Notice of Policy Change; Superfund Construction Completion List

AGENCY: Environmental Protection Agency.

ACTION: Notice of policy change.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing the 
policy change proposed in the August 4, 2000, Federal Register Notice 
(63 FR 47988-47989) regarding the Construction Completion category 
established in the National Priorities List (NPL) under the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (CERCLA). A 30-day comment period on the proposed policy 
change was provided under the August 4, 2000, Federal Register document 
and no comments were received by the Agency.
    Existing Agency policy had limited sites eligible for inclusion to 
the Construction Completion List (CCL) to sites that are on the NPL at 
the time a determination is made that all physical construction has 
been completed. As a result, deleted sites would never qualify for the 
CCL if physical construction remains at the time of deletion from the 
NPL. This policy change allows all sites that are on the NPL or have 
been deleted from the NPL to be eligible for the CCL when all physical 
construction under all authorities is complete and all other applicable 
construction completion policy criteria have been satisfied. This will 
allow Superfund to track and report completion of all construction 
activities at NPL sites.

EFFECTIVE DATE: September 26, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Jeng, Office of Emergency 
and Remedial Response (5204-G), U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460 at (703) 603-8749 
or e-mail <a href="/cdn-cgi/l/email-protection#e5af808b82cbb78c868d849781a5809584cb828a93"><span class="__cf_email__" data-cfemail="b9f3dcd7de97ebd0dad1d8cbddf9dcc9d897ded6cf">[email protected]</span></a> or the RCRA/Superfund Hotline from 8:30 
a.m. to 7:30 p.m., Monday-Friday, toll free at 1-(800)-424-9346.

SUPPLEMENTARY INFORMATION:

A. Background

    During the initial years of the Superfund program, outside 
audiences often measured Superfund's progress in cleaning up sites by 
the number of sites deleted from the NPL as compared to the number of 
sites on the NPL. This measure, however, did not and still does not 
fully recognize the substantial construction and reduction of risk to 
human health and the environment that

[[Page 57811]]

has occurred at NPL sites. In response, the National Contingency Plan 
Preamble Federal Register (FR) document (55 FR 8699, March 8, 1990) 
established a Construction Completion category of NPL sites to more 
clearly communicate to the public the status of cleanup progress among 
sites on the NPL.
    A later Notification of Policy Change Federal Register document (58 
FR 12142, March 2, 1993) introduced the Superfund Construction 
Completions List (CCL) ``* * * to simplify its system of categorizing 
sites and to better communicate the successful completion of cleanup 
activities.'' A total of 155 sites were included on this initial list. 
The same notice that introduced the CCL also indicated that ``* * * 
deleted sites will not qualify for the CCL if physical construction 
remains to be conducted under another statutory authority.'' As a 
result, EPA adopted the policy where only sites on the NPL (i.e., not 
proposed or deleted sites) should qualify for inclusion to the CCL.

B. Notice of Policy Change

    Construction Completion List (CCL) will now also include sites 
deleted from the NPL. EPA now believes it is important to assess all 
NPL Superfund sites, including those that have been deleted, to ensure 
that all construction of response actions has been completed. In doing 
so, EPA believes that although a site is deleted from the Superfund 
NPL, it should be accounted for on the CCL when EPA determines that all 
physical construction is complete under all statutory authorities and 
all applicable construction completion policy criteria have been 
satisfied. Any previously listed NPL Superfund site added to the CCL as 
a result of this policy change will be subject to all report 
documentation requirements as currently required for construction 
completions at NPL sites. The CCL is simply a mechanism for better 
communicating Superfund progress to the public. Inclusion of a site on 
the CCL does not have any legal significance.
    Notice: This document does not substitute for EPA's statutes or 
regulations, nor is it a regulation itself. Thus, it does not impose 
legally-binding requirements on EPA, states, or the regulated 
community. EPA may change this guidance in the future, as appropriate.

    Dated: September 18, 2000.
Timothy Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 00-24675 Filed 9-25-00; 8:45 am]
BILLING CODE 6560-50-U


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>