[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Proposed Rules]
[Page 21491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10751]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5200-3]


National Priorities List for Uncontrolled Hazardous Waste Sites

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires 
that the National Oil and Hazardous Substances Pollution Contingency 
Plan (``NCP'') include a list of national priorities among the known 
releases or threatened releases of hazardous substances, pollutants, or 
contaminants throughout the United States. The National Priorities List 
(``NPL'') which is appendix B to 40 CFR part 300 constitutes this list.
    In this document, the Environmental Protection Agency (EPA) is 
withdrawing its proposal to list the Texas Eastern Kosciusko Compressor 
Station site on the NPL. Because of the unique circumstances 
surrounding this site, NPL listing has been deemed unnecessary. The 
rationale supporting this action are explained further in the 
Supplementary Information section below.

DATES: This withdrawal is effective May 2, 1995.

FOR FURTHER INFORMATION CONTACT: June Wiaz, Hazardous Site Evaluation 
Division, (703) 603-8864, Office of Emergency and Remedial Response 
(5204G), U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC, 20460, or the Superfund Hotline, phone (800) 424-9346, 
or (703) 412-9810 in the Washington DC, metropolitan area.

SUPPLEMENTARY INFORMATION: In this document, EPA is withdrawing its 
proposal to list Texas Eastern's Kosciusko, Mississippi, Compressor 
Station Site on the National Priorities List (NPL). EPA proposed to add 
the Kosciusko site to the NPL on August 23, 1994 (59 FR 43314).
    Texas Eastern's comments on the proposal and other information 
submitted to the Agency have led EPA to withdraw it. EPA's reasons for 
withdrawal are multi-faceted. First, this is a site unique among those 
on the NPL or proposed for NPL listing. The Kosciusko site is just one 
of 89 along the company's pipeline (which extends from the Gulf of 
Mexico to New York). Second, Texas Eastern currently is addressing all 
of the affected sites under a federally enforceable Consent Decree 
negotiated with the United States pursuant to the Toxic Substances 
Control Act (TSCA). Texas Eastern is expected to spend approximately 
$750 million over the next 10 years complying with the Consent Decree.
    Under the Consent Decree, dated June 1988 and amended March 1995, 
there is an agreed-upon schedule of characterization for the 89 sites. 
Texas Eastern maintains that it was their expectation, when they 
entered into the consent agreement, that it would shield them from 
inclusion on the NPL and action under CERCLA. The Agency accepts that 
Texas Eastern has acted in good faith to carry out the provisions of 
that agreement.
    Texas Eastern has nominated the Kosciusko site as one of 10 of its 
pipeline sites scheduled for remediation in 1996. This represents an 
accelerated schedule for the Kosciusko site which will be fully 
characterized during 1995. EPA and Texas Eastern have negotiated 
modifications to the Consent Decree requiring that the company address 
all significant off-site contamination attributable to the Kosciusko 
Compressor Station. Texas Eastern's efforts at characterizing the site 
include a five-year fish study. The study which has been going on for 
more than two years, will help determine the nature and extent of the 
PCB contamination. This characterization of downstream effects will be 
useful in remedy selection.
    Allowing the Consent Decree process to govern cleanup of the 
Kosciusko site stems from a desire to avoid a fragmented approach to 
Texas Eastern's 89 sites. The alternative--trying to address all sites 
under various Federal statutes with different requirements and cleanup 
levels--would result in inconsistent cleanups and a much slower 
process. In negotiating the Consent Decree, the United States and Texas 
Eastern sought to develop an orderly process by which response work 
would proceed. Listing the site on the NPL arguably violates this 
process.
    For these reasons EPA, at this time, elects to withdraw its 
proposal to list the Kosciusko compressor station site on the NPL. 
However, should conditions change (i.e. insufficient progress toward 
cleanup) such that placing the site on the NPL would effect a more 
thorough and timely cleanup, EPA reserves the right to re-propose the 
site.

List of Subjects in 40 CFR Part 300

    Air pollution control, Chemicals, Environmental protection, 
Hazardous materials, Hazardous substances, Incorporation by reference, 
Intergovernmental relations, Natural resources, Occupational safety and 
health, Oil pollution, Reporting and recordkeeping requirements, 
Superfund, Waste treatment and disposal, Water pollution control, Water 
supply.

    Dated: April 24, 1995.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 95-10751 Filed 5-1-95; 8:45 am]
BILLING CODE 6560-50-P