18562 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules

List of Subjects in 40 CFR Parts 180 and

186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Pesticides and pests,

Reporting and recordkeeping

requirements.

Dated: March 30, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, it is proposed that chapter

I of title 40 of the Code of Federal

Regulations be amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follow:

Authority: 21 U.S.C. 346a and 371.

b. In § 180.412(a), by amending the

table therein by revising the entry for

sugar beet, roots, to read as follows:

§ 180.412 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one; tolerances for residues.

(a) * * *

Commodity Part per

million

* * * * *

Sugar beet, roots ...................... 1.0

* * * * *

* * * * *

PART 186—[AMENDED]

2. In part 186:

a. The authority citation for part 186

continues to read follows:

Authority: 21 U.S.C. 348.

b. In § 186.2800, by revising the

section heading and introductory text

and by amending the table therein by

revising the entry for sugar beet

molasses, to read as follows:

§ 186.2800 2-[1-(Ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-cyclohexen1-one.

Tolerances are established for the

combined residues of the herbicide 2-[1-

(ethoxyimino)butyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one and its metabolites

containing the 2-cyclohexen-1-one

moiety (calculated as the herbicide) in

or on the following commodities:

Food Part per

million

* * * * *

Sugar beet molasses ................ 10.0

* * * * *

[FR Doc. 95–8732 Filed 4–11–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185, and 186

[PP 9F3731 and FAP 9H5574/P612; FRL–

4948–4]

RIN 2070–AC18

Cyfluthrin; Pesticide Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish

time-limited tolerances, with an

expiration date of November 15, 1997,

for residues of the synthetic pyrethroid

cyfluthrin in or on the raw agricultural

commodities (RAC’s) tomatoes; carrots;

peppers; radishes; meat, fat, and meat

byproducts of cattle, goats, horses, hogs,

poultry, and sheep; milkfat; and eggs

and in food/feed additive commodities

tomato, pomace (dry and wet) and

tomato concentrated products. Miles

Corp., Animal Products (formerly

Mobay Corp.), requested the proposed

tolerances and regulations to establish

maximum permissible levels for

residues of the pesticide.

DATES: Comments, identified by the

document control number, [PP 9F3731

and FAP 9H5574/P612], must be

received on or before May 12, 1995.

ADDRESSES: By mail, submit written

comments to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

comments to: Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA

22202.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (CBI).

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 200, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6100.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of March 23, 1989 (54

FR 35434), which announced that Miles

Corp. had submitted pesticide petition

(PP) 9F3731 and food/feed additive

petition (FAP) 9H5574 to EPA.

Pesticide petition (PP) 9F3731

requests that the Administrator,

pursuant to section 408(d) of the Federal

Food, Drug, and Cosmetic Act (FFDCA),

21 U.S.C. 346a(d), amend 40 CFR

180.436 by increasing tolerances for

residues of the insecticide cyfluthrin,

cyano(4-fluoro-3-phenoxyphenyl)-

methyl-3-(2,2-dicloroethenyl)-2,2-

dimethylcyclopropanecarboxylate, in or

on the raw agricultural commodities

alfalfa forage at 5.0 ppm; alfalfa hay at

10.0 ppm; broccoli at 2.0 ppm; brussels

sprouts at 0.5 ppm; cabbage at 1.0 ppm;

cauliflower at 0.5 ppm; carrots at 0.1

ppm; celery at 1.5 ppm; lettuce at 2.5

ppm; peppers at 0.2 ppm; radishes at 0.5

ppm; spinach at 1.0 ppm; sweet corn at

0.05 ppm; sweet corn forage at 1.0 ppm;

sunflower seed at 0.02 ppm; sunflower

forage at 1.0 ppm; soybeans at 0.03 ppm;

soybean forage at 10.0 ppm; soybean

hay at 1.5 ppm; soybean straw at 1.0

ppm; tomato at 0.2 ppm; milk at 0.1

ppm; eggs at 0.01 ppm; meat, fat and

meat byproduct of cattle, goats, hogs,

horses, and sheep at 1.5 ppm; and meat,

fat, and meat byproducts of poultry at

0.01 ppm.

Food/feed additive petition (FAP)

9H5574 requests that the Administrator,

pursuant to section 409(e) of the FFDCA

(21 U.S.C. 348(e)) amend 40 CFR parts

185 and 186 by establishing a food/feed

additive regulation for cyfluthrin in or

on processed food commodities tomato

concentrated products at 0.5 ppm and

feed commodities sweet corn (cannery

wastes) at 1.5 ppm; tomato, pomace

(wet) at 1.5 ppm; tomato, pomace dry at

5.0 ppm.; soybean hulls at 0.1 ppm; and

sunflower hulls at 2.5 ppm.

On July 20, 1993, Miles Corp.

requested that the pesticide petition and

food/feed additive petition be amended

by withdrawing the proposed tolerance
Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules 18563

for broccoli, brussels sprouts, cabbage,

cauliflower, celery, lettuce, soybeans

(straw), spinach and the feed additive

regulation for sweet corn (cannery

wastes) without prejudice to future

filing and by raising the tolerances for

carrots, peppers, and radishes to 0.2, 0.5

and 1.5 ppm, respectively. In a letter

dated November 18, 1993, Miles

amended the petition by withdrawing

the crops alfalfa, soybeans, sweet corn,

and sunflowers from the subject

petitions and proposing them under a

separate petition. On June 10, 1994,

Miles requested that the pesticide

petition be further amended by reducing

the tolerance for radishes to 1.0 ppm;

proposing one tolerance for wet and dry

tomato pomace; reducing the animal

commodities to 0.4 ppm; and revising

the milk tolerances to be expressed as

2.5 ppm milk fat (reflecting 0.08 ppm in

whole milk). This amendment was

submitted in response to EPA’s

preference that an integer tolerance (i.e,

one significant figure) rather than a

fraction be proposed for radishes; EPA’s

current practice to set one tolerance on

tomato pomace, wet and dry, rather than

individual tolerances on the two

pomaces; and to make the above

tolerances for animal commodities

consistent with the feed items in this

petition.

The scientific data submitted in the

petition and other relevant material

have been evaluated. All toxicology data

necessary to support these tolerances

have been previously submitted,

reviewed, and accepted. The toxicology

data considered in support of the

proposed tolerance include:

1. A 12-month chronic feeding study

in dogs with a no-observed-effect level

(NOEL) of 4 mg/kg/day. The lowesteffect level (LEL) for this study is

established at 16 mg/kg/day, based on

slight ataxia, increased vomiting,

diarrhea, and decreased body weight.

2. A 24-month chronic feeding/

carcinogenicity study in rats with a

NOEL of 2.5 mg/kg/day and LEL of 6.2

mg/kg/day, based on decreased body

weights in males and females, decreased

food consumption in males, and

inflammatory foci in the kidneys in

females. There were no carcinogenic

effects observed under the conditions of

the study.

3. A 24-month carcinogenicity study

in mice. There were no carcinogenic

effects observed under the conditions of

the study.

4. An oral developmental toxicity

study in rats with a maternal and fetal

NOEL of 10 mg/kg/day (highest dose

tested). An oral developmental toxicity

study in rabbits with a maternal NOEL

of 20 mg/kg/day and a maternal LEL of

60 mg/kg/day, based on decreased body

weight gain and decreased food

consumption during the dosing period.

A fetal NOEL of 20 mg/kg/day and a

fetal LEL of 60 mg/kg/day were also

observed in this study. The LEL was

based on increased resorptions and

increased postimplantation loss.

5. A developmental toxicity study in

rats by the inhalation route of

administration with a maternal NOEL of

0.0011 mg/L and an LEL of 0.0047 mg/

L, based on reduced mobility, dyspnea,

piloerection, ungroomed coats, and eye

irritation. The fetal NOEL is 0.00059

mg/L and the fetal LEL is 0.0011 mg/L,

based on sternal anomalies and

increased incidents in runts. A second

developmental toxicity study in rats by

the inhalation route of administration is

currently under review. The issue of

whether cyfluthrin directly induces

fetotoxicity under these conditions is

unresolved at this time.

6. A three-generation reproduction

study in rats with a systemic NOEL of

2.5 mg/kg/day and a systemic LEL of 7.5

mg/kg/day due to decreased parent and

pup body weights. The reproductive

NOEL and LEL are 7.5 mg/kg/day and

22.5 mg/kg/day, respectively.

7. Mutagenicity tests, including a gene

mutation assay (reverse mutation and

recombination assays in bacteria and a

Chinese hamster ovary (CHO)/

(HGPRT)); a structural chromosome

aberration assay (CHO/sister chromatid

exchange assay); and an unscheduled

DNA synthesis assay in rat hepatocytes.

All test were negative for genotoxicity.

8. A metabolism study in rats showing

that cyfluthrin is rapidly absorbed and

excreted, mostly as conjugated

metabolites in the urine, within 48

hours. An enterohepatic circulation was

observed.

A chronic dietary exposure/risk

assessment was performed for cyfluthrin

using a Reference Dose (RfD) of 0.025

mg/kg bwt/day, based on a NOEL of 50

ppm (2.5 mg/kg bwt/day) and an

uncertainty factor of 100. The NOEL

was determined in a 2-year rat feeding

study. The end-point effects of concern

were decreased body weights in males

and inflammation of the kidneys in

females at the LEL of 150 ppm (6.2 mg/

kg/day). The current estimated dietary

exposure for the overall U.S. population

resulting from established tolerances is

0.001378 mg/kg/bwt day, which

represents 5.5 % of the RfD. The current

action will increase exposure to

0.002730 mg/kg/ bwt/day or 11% of the

RfD. In the subgroup population

exposed to the highest risk, nonnursing

infants less than 1 year old, the current

action will increase exposure to

0.008044 mg/kg bwt/day or 32% of the

RfD. Generally speaking, EPA has no

cause for concern if total residue

contribution for published and

proposed tolerances is less than the RfD.

EPA concludes that the chronic dietary

risk of cyfluthrin, as estimated by the

dietary risk assessment, does not appear

to be of concern.

Because there was a sign of

developmental effects seen in animal

studies, the Agency used the rat

developmental toxicity study (with a

NOEL of 0.00059 mg/L by the inhalation

route of exposure) to assess acute

dietary exposure and determine a

margin of exposure (MOE) for the

overall U.S. population and certain

subgroups. Since the toxicological endpoint pertains to developmental

toxicity, the population group of

concern for this analysis is women aged

13 and above, the subgroup which most

closely approximates women of childbearing age. The MOE is calculated as

the ratio of the NOEL to the exposure.

For this analysis the Agency calculated

the MOE for women ages 13 and above

to be 1,250. Generally speaking, MOE’s

greater than 100 for data derived from

animal studies are acceptable to the

Agency.

The metabolism of the chemical in

animals for this use is adequately

understood. An adequate analytical

method, gas-liquid chromatography, is

available for enforcement purposes. The

enforcement methodology has been

submitted to the Food and Drug

Administration for publication in the

Pesticide Analytical Manual Vol. II

(PAM II). Because of the long lead time

for publication of the method in PAM II,

the analytical methodology is being

made available in the interim to anyone

interested in pesticide enforcement

when requested from: Calvin Furlow,

Public Response and Program Resources

Branch, Field Operations Divisions

(7506C), Office of Pesticide Programs,

Environmental Protection Agency 401

M St., Washington, DC 20460. Office

location and telephone number: Rm.

1132, CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-305-5232.

On August 5, 1988, EPA issued a

conditional registration and timelimited tolerance for cyfluthrin for use

on cottonseed with an expiration date of

October 31, 1991 (see the Federal

Register of August 15, 1988 (53 FR

30676)). On November 12, 1992, the

conditional registration was amended

and extended to November 15, 1993,

and the tolerance on cottonseed

extended to November 15, 1994 (see the

Federal Registers October 20, 1993 (58

FR 54094) and February 22, 1994 (54 FR

9411)). On November 15, 1993, EPA

amended the conditional registration on
18564 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules

cottonseed by extending the expiration

date to November 15, 1996, and

extending the time-limited tolerance to

November 15, 1997. The conditional

registration was amended and extended

to allow time for submission and

evaluation of additional environmental

effects data. In order to evaluate the

effects of cyfluthrin on fish and aquatic

organisms and its fate in the

environment, additional data were

required to be collected and submitted

during the period of conditional

registration. Such requirements

included a sediment bioavailability and

toxicity study and a small-plot runoff

study that must be submitted to the

Agency by July 1, 1996. To be consistent

with the conditional registration and

extension on cottonseed, the Agency is

proposing to issue a conditional

registration with an expiration date of

November 15, 1996, and establishing a

time-limited tolerance on tomatoes,

carrots, peppers, radishes, meat, milk,

and egg tolerances with an expiration

date of November 15, 1997, to cover

residues expected to result from use

during the period of conditional

registration.

There are presently no actions

pending against the continued

registration of this chemical.

The pesticide is considered useful for

the purposes for which it is sought.

Based on the information and data

considered, the Agency has determined

that the tolerances established by

amending 40 CFR parts 180, 185, and

186 would protect the public health.

Therefore, it is proposed that the

tolerances be established as set forth

below.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, which

contains any of the ingredients listed

herein, may request within 30 days after

publication of this document in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the document

control number, [PP 9F3731 and FAP

9H5574/P612]. All written comments

filed in response to this petition will be

available in the Public Response and

Program Resources Branch, at the

address given above from 8 a.m. to 4

p.m., Monday through Friday, except

legal holidays.

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

all the requirements of the Executive

Order (i.e., Regulatory Impact Analysis,

review by the Office of Management and

Budget (OMB)). Under section 3(f), the

order defines ‘‘significant’’ as those

actions likely to lead to a rule (1) having

an annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

known as ‘‘economically significant’’);

(2) creating serious inconsistency or

otherwise interfering with an action

taken or planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Parts 180,

185, and 186

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Feed

additives, Food additives, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 5, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, it is proposed that chapter

I of title 40 of the Code of Federal

Regulations be amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

b. By amending § 180.436, by revising

the table therein, to read as follows:

§ 180.436 Cyfluthrin; tolerances for

residues.

* * * * *

Commodities Parts per

million

Expiration

date

Carrots .............. 0.20 Nov. 15,

1997

Cattle, fat .......... 0.40 Do.

Cattle, meat ...... 0.40 Do.

Cattle, mbyp ..... 0.40 Do.

Cottonseed ....... 1.0 Do.

Eggs ................. 0.01 Do.

Goats, fat .......... 0.40 Do.

Goats, meat ...... 0.40 Do.

Goats, mbyp ..... 0.40 Do.

Hogs, fat ........... 0.40 Do.

Hogs, meat ....... 0.40 Do.

Hogs, mbyp ...... 0.40 Do.

Hops, fresh ....... 4.0 None

Horses, fat ........ 0.40 Nov. 15,

1997

Horses, meat .... 0.40 Do.

Horses, mbyp ... 0.40 Do.

Milkfat (reflecting 0.08 ppm

in whole milk) 2.50 Do.

Peppers ............ 0.50 Do.

Poultry, fat ........ 0.01 Do.

Poultry, meat .... 0.01 Do.

Poultry, mbyp ... 0.01 Do.

Radishes ........... 1.00 Do.

Sheep, fat ......... 0.40 Do.

Sheep, meat ..... 0.40 Do.

Sheep, mbyp .... 0.40 Do.

Tomato ............. 0.20 Do.

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. In § 185.1250, by revising

paragraph (a) and removing paragraph

(b) and designating it as reserved, as

follows:

§ 185.1250 Cyfluthrin.

(a) A tolerance, to expire on

November 15, 1997 is established for

residue of the insecticide cyfluthrin

(cyano(4-fluoro-3-

phenoxyphenyl)methyl-3-(2,2-

dicloroethenyl)-2,2-

dimethylcyclopropanecarboxylate) in or

on the following food commodities:
Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Proposed Rules 18565

Commodity Parts per million Expiration date

Cottonseed oil ............................................................... 2.0 ............................................. Nov. 15, 1997

Tomato, concentrated products .................................... 0.5 ............................................. Do.

(b) [Reserved]

* * * * *

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. In § 186.1250, by revising

paragraph (a) and removing paragraph

(b) and designating it as reserved, as

follows:

§ 186.1250 Cyfluthrin.

(a) A tolerance, to expire on

November 15, 1997, is established for

residues of the insecticide cyfluthrin

(cyano[4-fluoro-3-

phenoxyphenyl]methyl-3-(2,2-

dicloroethenyl)-2,2-

dimethylcyclopropanecarboxylate) in or

on the following feed commodities:

Commodity Parts per million Expiration date

Cottonseed, hulls .......................................................... 2.0 ............................................. November 15, 1997

Tomato, pomace (dry and wet) .................................... 5.0 ............................................. Do.

(b) [Reserved]

* * * * *

[FR Doc. 95–9149 Filed 4–10–95; 1:53 pm]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5188–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete

Hamilton Island (Site) from the National

Priorities List: Request for comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 10 announces its

intent to delete the Hamilton Island site

from the National Priorities List (NPL)

and requests public comment on this

proposed action. 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) of 1980, as amended.

EPA and the State of Washington

Department of Ecology (Ecology) have

determined that the Site poses no

significant threat to public health or the

environment and, therefore, remedial

measures pursuant to CERCLA are not

appropriate.

DATES: Comments concerning this Site

may be submitted on or before May 12,

1995.

ADDRESSES: Comments may be mailed

to: Christopher Cora, U.S.

Environmental Protection Agency, 1200

Sixth Avenue, Mail Stop: HW–124,

Seattle, Washington 98101.

Comprehensive information on this

Site is available through the U.S. Army

Corps of Engineers public docket which

is available for viewing at the Hamilton

Island repositories at the following

locations:

North Bonneville City Hall/Community

Library North Bonneville, Washington

Bonneville Dam Second Powerhouse

and Bradford Island Visitor Center,

Skamania County, Washington

U.S. Army Corps of Engineers, Portland

District, 333 S.W. First Street,

Portland, Oregon 97204

FOR FURTHER INFORMATION CONTACT:

Christopher Cora, U.S. Environmental

Protection Agency, 1200 Sixth Avenue,

Mail Stop: HW–124, Seattle,

Washington 98101, (206) 553–1148.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis of Intended Site Deletion

I. Introduction

The Environmental Protection Agency

(EPA) Region 10 announces its intent to

delete Hamilton Island from the

National Priorities List (NPL), appendix

B of the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), 40 CFR part 300, and requests

comments on this deletion. EPA

identifies sites that appear to present a

significant risk to human health or the

environment and maintains the NPL as

a list of those sites. 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

actions.

EPA will accept comments on the

proposal to delete this Site for thirty

days after publication of this notice in

the Federal Register.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses the Hamilton Island Site and

explains how the Site meets the deletion

criteria.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that releases may be deleted

from, or recategorized on the NPL where

no further response is appropriate. In

making a determination to delete a

release from the NPL, EPA shall

consider, in consultation with the state,

whether any of the following criteria

have been met:

(i) Responsible parties or other persons

have implemented all appropriate response

actions required;

(ii) All appropriate response under

CERCLA have been implemented, and no

further action by responsible parties is

appropriate, or

(iii) The remedial investigation has shown

that the release poses no significant threat to

public health or the environment and,

therefore, taking of remedial measures is not

appropriate.

Even if a site is deleted from the NPL,

where hazardous substances, pollutants,

or contaminants remain at the site above

levels that allow for unlimited use and

unrestricted exposure, EPA’s policy is

that a subsequent review of the site will

be conducted at least every five years

after the initiation of the remedial action

at the site to ensure that the site remains

protective of public health and the

environment. In the case of this Site,

where no hazardous wastes are above

health based levels and future access

does not require restriction, operation