36858 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

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

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 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

The Congressional Review Act, 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. EPA will submit 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 United

States prior to publication of the rule in

the 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 Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by September 8, 1998. Filing a

petition for reconsideration by the

Administrator of this 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,

regarding the 1990 emission inventory

for the Washington, DC ozone

nonattainment area submitted by the

District of Columbia, State of Maryland

and Commonwealth of Virginia, 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, Reporting and record

keeping requirements, and SIP

requirements.

Dated: June 23, 1998.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

Part 52, Chapter I, title 40 of the Code

of Federal Regulations 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 J—District of Columbia

2. Section 52.474 is amended by

adding paragraph (c) to read as follows:

§ 52.474 1990 Base Year Emission

Inventory.

* * * * *

(c) EPA approves as a revision to the

District of Columbia State

Implementation Plan an amendment to

the 1990 base year emission inventories

for the District’s portion of the

Metropolitan Washington, D.C. ozone

nonattainment area submitted by the

Director, Department of Consumer and

Regulatory Affairs, on November 3,

1997. This submittal consists of

amendments to the 1990 base year

point, area, highway mobile, and nonroad source emission inventories in the

area for the following pollutants:

volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

Subpart V—Maryland

3. Section 52.1075 is amended by

adding paragraph (f) to read as follows:

§ 52.1075 1990 Base Year Emission

Inventory.

* * * * *

(f) EPA approves as a revision to the

Maryland State Implementation Plan an

amendment to the 1990 base year

emission inventories for the Maryland

portion of the Metropolitan Washington

DC ozone nonattainment area submitted

by the Secretary of Maryland of the

Department Environment on December

24, 1997. This submittal consists of

amendments to the 1990 base year

point, area, highway mobile, and nonroad mobile source emission inventories

in the area for the following pollutants:

Volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

Subpart VV—Virginia

4. Section 52.2425 is amended by

adding paragraph (d) to read as follows:

§ 52.2425 1990 Base Year Emission

Inventory.

* * * * *

(d) EPA approves as a revision to the

Virginia State Implementation Plan

amendments to the 1990 base year

emission inventories for the Northern

Virginia ozone nonattainment area

submitted by the Director, Virginia

Department Environmental Quality, on

December 17, 1997. This submittal

consists of amendments to the 1990 base

year point, area, non-road mobile, and

on-road mobile source emission

inventories for the following pollutants:

volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

[FR Doc. 98–17971 Filed 7–7–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[MT–001–0004a; FRL–6122–2]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Montana; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

Montana plan and associated

regulations for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guidelines at 40 CFR part 60,

subpart Cc, which were required

pursuant to section 111(d) of the Clean

Air Act (Act). The State’s plan was

submitted to EPA on July 2, 1997 in

accordance with the requirements for

adoption and submittal of State plans

for designated facilities in 40 CFR part

60, subpart B. The State’s plan

establishes performance standards for

existing MSW landfills and provides for

the implementation and enforcement of

those standards. EPA finds that

Montana’s plan for existing MSW

landfills adequately addresses all of the

Federal requirements applicable to such

plans.

DATES: This direct final rule is effective

on September 8 1998 without further

notice, unless EPA receives adverse

comment by August 7, 1998. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36859

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Written comments on this

action may be mailed to Vicki Stamper,

8P2–A, at the EPA Region VIII Office

listed. Copies of the documents relative

to this action are available for

inspection during normal business

hours at the Air Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

action are available for public

inspection at the Montana Department

of Environmental Quality, 1520 East 6th

Avenue, P.O. Box 200901, Helena,

Montana 59620–0901.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 111(d) of the Act, EPA

has established procedures whereby

States submit plans to control certain

existing sources of ‘‘designated

pollutants.’’ Designated pollutants are

defined as pollutants for which a

standard of performance for new

sources applies under section 111, but

which are not ‘‘criteria pollutants’’ (i.e.,

pollutants for which National Ambient

Air Quality Standards (NAAQS) are set

pursuant to sections 108 and 109 of the

Act) or hazardous air pollutants (HAPs)

regulated under section 112 of the Act.

As required by section 111(d) of the Act,

EPA established a process at 40 CFR

part 60, subpart B, which States must

follow in adopting and submitting a

section 111(d) plan. Whenever EPA

promulgates a new source performance

standard (NSPS) that controls a

designated pollutant, EPA establishes

emissions guidelines in accordance with

40 CFR 60.22 which contain

information pertinent to the control of

the designated pollutant from that NSPS

source category (i.e., the ‘‘designated

facility’’ as defined at 40 CFR 60.21(b)).

Thus, a State’s section 111(d) plan for a

designated facility must comply with

the emission guideline for that source

category as well as 40 CFR part 60,

subpart B.

On March 12, 1996, EPA published

Emission Guidelines (EG) for existing

MSW landfills at 40 CFR part 60,

subpart Cc (40 CFR 60.30c–60.36c) and

NSPS for new MSW Landfills at 40 CFR

part 60, subpart WWW (40 CFR 60.750–

60.759). (See 61 FR 9905–29.) The

pollutant regulated by the NSPS and EG

is MSW landfill emissions, which

contain a mixture of volatile organic

compounds (VOCs), other organic

compounds, methane, and HAPs. VOC

emissions can contribute to ozone

formation which can result in adverse

effects to human health and vegetation.

The health effects of HAPs include

cancer, respiratory irritation, and

damage to the nervous system. Methane

emissions contribute to global climate

change and can result in fires or

explosions when they accumulate in

structures on or off the landfill site. To

determine whether control is required,

nonmethane organic compounds

(NMOCs) are measured as a surrogate

for MSW landfill emissions. Thus,

NMOC is considered the designated

pollutant. The designated facility which

is subject to the EG is each existing

MSW landfill (as defined in 40 CFR

60.31c) for which construction,

reconstruction or modification was

commenced before May 30, 1991.

Pursuant to 40 CFR 60.23(a), States

were required to either (1) submit a plan

for the control of the designated

pollutant to which the EG applies or (2)

submit a negative declaration if there

were no designated facilities in the

State, within nine months after

publication of the EG, or by December

12, 1996.

EPA has been involved in litigation

over the requirements of the MSW

landfill EG and NSPS since the summer

of 1996. On November 13, 1997, EPA

issued a notice of proposed settlement

in National Solid Wastes Management

Association v. Browner, et. al., No. 96–

1152 (D.C. Cir), in accordance with

section 113(g) of the Act. (See 62 FR

60898.) It is important to note that the

proposed settlement does not vacate or

void the existing MSW landfill EG or

NSPS. Pursuant to the proposed

settlement agreement, EPA published a

direct final rulemaking on June 16,

1998, in which EPA is amending 40 CFR

part 60, subparts Cc and WWW, to add

clarifying language, make editorial

amendments, and to correct

typographical errors. See 63 FR 32783–

4, 32743–53. EPA regulations at 40 CFR

60.23(a)(2) provide that a State has nine

months to adopt and submit any

necessary State Plan revisions after

publication of a final revised emission

guideline document. Thus, States are

not yet required to submit State Plan

revisions to address the June 16, 1998

direct final amendments to the EG. In

addition, as stated in the June 16, 1998

preamble, the changes to 40 CFR part

60, subparts Cc and WWW, do not

significantly modify the requirements of

those subparts. See 63 FR 32744.

Accordingly, the MSW landfill EG

published on March 12, 1996 was used

as a basis for EPA’s review of Montana’s

submittal.

II. Analysis of State’s Submittal

On July 2, 1997, the State of Montana

submitted its plan and regulations

(hereafter referred to as the ‘‘State

Plan’’) for implementing EPA’s MSW

landfill EG. The Montana State Plan

includes the ‘‘Section 111(d) Plan for

Municipal Solid Waste Landfills’’ and

the State’s implementing regulations in

Sections 17.8.302(1)(j) and 17.8.340 of

the Administrative Rules of Montana

(ARM).

Montana has incorporated by

reference the EG of 40 CFR part 60,

subpart Cc, at ARM 17.8.302(1)(j). In

addition, ARM 17.8.340(4) provides that

designated MSW landfill facilities under

40 CFR part 60, subpart Cc, shall

comply with the requirements in 40

CFR 60.33c, 60.34c, and 60.35c that are

applicable to designated facilities and

that must be included in a State plan for

approval. Montana has also adopted

compliance deadlines in ARM

17.8.340(4)(b) to comply with the

compliance timelines of the EG and the

increments of progress requirements of

40 CFR part 60, subpart B. Thus, the

State’s regulations adequately address

the requirements of the EG, including

the required applicability, emission

limitations, test methods and

procedures, reporting and

recordkeeping requirements, and

compliance times. Specifically,

Montana’s regulation requires that

existing MSW landfills that: (1)

Accepted waste since November 8,

1987; (2) have a design capacity equal

to or greater than 2.5 million megagrams

(Mg) or 2.5 million m3; and (3) have a

NMOC emission rate, calculated in

accordance with the procedures of 40

CFR 60.754, equal to or greater than 50

Mg/year to complete installation of a gas

collection and control system meeting

the requirements of 40 CFR 60.752

within twenty-seven months from the

date of EPA approval of the State Plan

(or, for those existing MSW landfills

whose NMOC emission rate is less than

50 Mg/yr on the date EPA approves the

State Plan, within twenty-seven months

after submittal of an NMOC emission

rate report showing NMOC emissions

equal to or greater than 50 Mg/yr).

The State Plan also includes

documentation showing that all

requirements of 40 CFR part 60, subpart

B have been met. Specifically, the State

Plan includes a demonstration of legal

authority to adopt and implement the

plan, an emissions inventory,

increments of progress compliance

deadlines, a commitment to submit to

EPA annual State progress reports on
36860 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

plan implementation and enforcement,

and documentation that the State

addressed the public participation

requirements of 40 CFR 60.23. In

addition, as stated above, the State has

adopted emission standards and

compliance schedules into an

enforceable State regulation that is no

less stringent than the EG.

Consequently, EPA finds that the

State Plan meets all of the requirements

applicable to such plans in 40 CFR part

60, subparts B and Cc. The State did

not, however, submit evidence of

authority to regulate existing MSW

landfills in Indian Country. Therefore,

EPA is not approving this State Plan as

it relates to those sources.

More detailed information on the

requirements for an approvable plan

and Montana’s submittal can be found

in the Technical Support Document

(TSD) accompanying this notice, which

is available upon request.

III. Final Action

Based on the rationale discussed

above and in further detail in the TSD

associated with this action, EPA is

approving Montana’s section 111(d)

plan and its implementing regulations

in ARM 17.8.302(1)(j) and ARM

17.8.340, as submitted on July 2, 1997,

for the control of landfill gas from

existing MSW landfills, except for those

existing MSW landfills located in Indian

Country. As provided by 40 CFR

60.28(c), any revisions to Montana’s

State Plan or associated regulations will

not be considered part of the applicable

plan until submitted by the State in

accordance with 40 CFR 60.28(a) or (b),

as applicable, and until approved by

EPA in accordance with 40 CFR part 60,

subpart B.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State Plan.

Each request for revision to a State Plan

shall be considered separately in light of

specific technical, economic, and

environmental factors and in relation to

relevant statutory and regulatory

requirements.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the Proposed

Rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the State Plan

should adverse comments be filed. This

rule will be effective September 8, 1998

without further notice unless the

Agency receives adverse comments by

August 7, 1998.

If the EPA receives such comments,

then EPA will publish a notice

withdrawing the final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Any parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on September 8, 1998 and no

further action will be taken on the

proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review,’’ review.

The final rule is not subject to

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements 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 not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because State Plan approvals

under section 111 of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal State Plan approval

does not create any new requirements,

I certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Clean Air Act, preparation of flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning State Plans on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

C. 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 the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective 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 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 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

Comptroller General

The Congressional Review Act, 5

U.S.C. section 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. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

section 804(2).

E. Audit Privilege and Immunity Law

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Montana’s audit privilege and penalty

immunity law [The Voluntary

Environmental Audit Act, 75–1–101 et

seq., M.C.A. (H.B. 293, effective October

1, 1997)] or its impact upon any

approved provision in the State Plan,

including the submittal at issue here.
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36861

The action taken herein does not

express or imply any viewpoint on the

question of whether there are legal

deficiencies in this or any other Clean

Air Act program resulting from the

effect of Montana’s audit privilege and

penalty immunity law. A State audit

privilege and penalty immunity law can

affect only State enforcement and

cannot have any impact on Federal

enforcement authorities. EPA may at

any time invoke its authority under the

Clean Air Act, including, for example,

sections 113, 114, 167, 205, 211, or 213,

to enforce the requirements or

prohibitions of the State Plan,

independently of any State enforcement

effort. In addition, citizen enforcement

under section 304 of the Clean Air Act

is likewise unaffected by a State audit

privilege and penalty immunity law.

F. 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 September 8

1998. Filing a petition for

reconsideration by the 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 must 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 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Methane, Municipal solid

waste landfills, Nonmethane organic

compounds, Reporting and

recordkeeping requirements.

Dated; June 29, 1998.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

40 CFR part 62, subpart BB, is

amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

2. Subpart BB is added to read as

follows:

Subpart BB—Montana

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

Sec.

62.6600 Identification of plan.

62.6601 Identification of sources.

62.6602 Effective date.

Subpart BB—Montana

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

§ 62.6600 Identification of plan.

‘‘Section 111(d) Plan for Municipal

Solid Waste Landfills’’ and the

associated State regulations in sections

17.8.302(1)(j) and 17.8.340 of the

Administrative Rules of Montana,

submitted by the State on July 2, 1997.

§ 62.6601 Identification of sources.

The plan applies to all existing

municipal solid waste landfills for

which construction, reconstruction, or

modification was commenced before

May 30, 1991 that accepted waste at any

time since November 8, 1987 or that

have additional capacity available for

future waste deposition, as described in

40 CFR part 60, subpart Cc.

§ 62.6602 Effective date.

The effective date of the plan for

municipal solid waste landfills is

September 8, 1998.

[FR Doc. 98–18082 Filed 7–7–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6119–6]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of partial deletion of the

Hanford 100-Area (USDOE) Superfund

site from the National Priorities List.

SUMMARY: The United States

Environmental Protection Agency (EPA)

Region 10 announces the deletion of

portions of the Hanford 100-Area

(USDOE) Superfund Site. The portions

deleted are waste areas located in the

100–IU–1 and 100–IU–3 Operable Units.

The 100–IU–1 and IU–3 Operable Units

are part of the Hanford 100 Area NPL

Site located at the U.S. Department of

Energy (DOE) Hanford Site, located in

southeastern Washington State. 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). This partial deletion

pertains to all known waste areas

located in the 100–IU–1 and 100–IU–3

Operable Units. EPA and the

Washington State Department of

Ecology have determined that no further

cleanup under CERCLA is required and

that the selected remedy has been

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: July 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Dennis Faulk, Superfund Site Manager,

USEPA, 712 Swift #5, Richland,

Washington 99352; (509) 376–8631.

SUPPLEMENTARY INFORMATION: The

partial deletion of the Hanford 100-Area

(USDOE) NPL Site applies specifically

to the 100–IU–1 and 100–IU–3 Operable

Unit waste areas located at the U.S.

Department of Energy (DOE) Hanford

Site, located in southeastern

Washington State. The waste areas in

the 100–IU–1 and 100–IU–3 Operable

Units were cleaned up by the DOE

between 1992 and 1994 using expedited

response actions (ERA). At the Hanford

Site, the term ERA is used to describe

actions taken under CERCLA removal

authority as described in 40 CFR

300.415. In February 1996, a no further

action record of decision was signed

documenting that previous ERA’s had

removed all contaminants from the

waste areas in the 100–IU–1 and 100–

IU–3 Operable Units to below cleanup

levels for residential use established

under the Washington State Model

Toxics Control Act (MTCA). It should be

noted, cleanup activities are continuing

at other operable units of the Hanford

100 Area NPL Site.

This partial deletion is in accordance

with 40 CFR 300.425(e) and the Notice

of Policy Change: Partial Deletion of

Sites Listed on the National Priorities

List, (60 FR 55466 (Nov. 1, 1995)).

A Notice of Intent to Delete for Partial

Deletion was published on May 22,

1998 (63 FR 28317). The closing date for

comments on the Notice of Intent to

Delete was June 20, 1998. EPA received

no comments.

EPA identifies sites on the NPL that

appear to present a significant risk to

human health or the environment. As

described in § 300.425(e)(3) of the NCP,

sites deleted from the NPL remain

eligible for remedial actions in the

unlikely event that conditions at the site

warrant such action. Deletion of the

waste areas from the NPL does not itself