3186 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

provide the public an opportunity to

comment on its proposal to establish

three lightering zones in the Gulf of

Mexico. The proposed zones are more

than 60 miles from the baseline from

which the territorial sea of the United

States is measured and will allow single

hull tankers using these zones to

conduct lightering operations until the

year 2015. The views presented at this

meeting together with written comments

on the proposal will be considered by

the Coast Guard in formulating a final

rule.

DATES: The meeting will be held

February 16, 1995, from 9 a.m. to 3 p.m.

ADDRESSES: The meeting will be held at

the Best Western Landmark Hotel,

Mardi Gras Ballroom, 2601 Severn

Avenue, Metairie, LA. Comments

become part of this docket (CGD 93–

081) and are available for inspection or

copying at room 3406, Coast Guard

Headquarters, between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Stephen Kantz, Oil Pollution Act

(OPA 90) Staff (G–MS–A), U.S. Coast

Guard, 2100 Second Street SW.,

Washington, DC 20593, telephone (202)

267–6740. This telephone is equipped

to record messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION:

Regulatory History

In November 1993, the Coast Guard

received several requests to establish

lightering zoned in the Gulf of Mexico.

On December 2, 1993, the Coast Guard

published in the Federal Register a

notice of these petitions for rulemaking

and request for comment (58 FR 63544).

Currently, 33 CFR part 156 provides

that the Coast Guard will consider

various factors in designating lightering

zones—traditional use of the area for

lightering; weather and sea conditions;

water depth; proximity to shipping

lanes, vessel traffic schemes,

anchorages, fixed structures, designated

marine sanctuaries, fishing areas, and

designated units of the National Park

System, National Wild and Scenic

Rivers System, National Wilderness

Preservation System, properties

included on the National Register of

Historic Places and National Registry of

Natural Landmarks, and National

Wildlife Refuge System; and other

relevant safety, environmental, or

economic data (33 CFR 156.230).

On December 16, 1993, the Coast

Guard published in the Federal Register

a notice of public meeting to solicit

opinions on whether lightering zones

should be established and, if so, where

they should be located and what

operating conditions should be

mandated (58 FR 65683). A public

meeting was held in Houston, Texas, on

January 18, 1994. At that time, the Oil

Spill Coordinator from the State of

Louisiana requested that a public

meeting be held in Louisiana after there

was an opportunity to review any

proposal by the Coast Guard to

designate lightering zones.

On January 5, 1995, the Coast Guard

published the notice of proposed

rulemaking in the Federal Register (60

FR 1958). The coordinates of the three

lightering zones proposed to be

established are set forth in the proposed

rulemaking.

Summary of the Rulemaking

By using these proposed designated

lightering zones more than 60 miles

from the baseline, single hull tank

vessels contracted for after June 20,

1990, and older single hull tank vessels

phased out by OPA 90, would be able

to lighter in the U.S. Economic

Exclusive Zone (EEZ) until January 1,

2015. In addition to establishing the first

lightering zones designated by the Coast

Guard, the proposed rulemaking would

also incorporate the use of recognized

industry guidelines, impose certain

weather and sea state restrictions, and

require compliance with U.S. work hour

limitations. It would also designate

three other areas within the vicinity of

the ecologically sensitive Flower Garden

Banks National Marine Sanctuary in

which all lightering will be prohibited.

In the NPRM, the Coast Guard

specifically requested comments on the

practicality of also designating a smaller

northern area as an additional, fourth

lightering zone. The boundaries of this

northern area, which would be called

‘‘South Sabine Point,’’ would consist of

the waters bounded by a line connecting

the following points beginning at:

Latitude N. Longitude W.

28°30′00′′ ............... 92°38′00′′, thence to

28°44′00′′ ............... 93°24′00′′, thence to

28°33′00′′ ............... 94°00′00′′, thence to

28°18′00′′ ............... 94°00′00′′, thence to

28°18′00′′ ............... 92°38′00′′, and thence

to the point of beginning.

This rulemaking has been determined

to be a significant regulatory action

under established criteria of the

Department of Transportation and the

Office of Management and Budget.

Meeting Procedure

Members of the public planning to

make oral presentations during the

meeting should call the number listed in

FOR FURTHER INFORMATION CONTACT no

later than the day before the meeting,

and state their intention to speak about

docket number 93–081, provide their

name, and the approximate duration of

their presentation. Persons making oral

presentations are also encouraged to

submit a copy of their remarks in

writing during the meeting.

Dated: January 9, 1994.

J.C. Card,

Rear Admiral, U.S. Coast Guard Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–947 Filed 1–12–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 228

[FRL–5138–2]

Ocean Dumping; Proposed Site

Designation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA today proposes to

designate an Ocean Dredged Material

Disposal Site (ODMDS) in the Gulf of

Mexico offshore Tampa, Florida, as an

EPA-approved ocean dumping site for

the disposal of suitable dredged

material. This proposed action is

necessary to provide an acceptable

ocean disposal site for consideration as

an option for dredged material disposal

projects in the greater Tampa, Florida

vicinity. This proposed site designation

is for an indefinite period of time, but

the site is subject to continuing

monitoring to insure that unacceptable

adverse environmental impacts do not

occur.

DATES: Comments must be received on

or before February 27, 1995.

ADDRESSES: Send comments to: Wesley

B. Crum, Chief, Coastal Programs

Section, Water Management Division,

U.S. Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365.

The file supporting this proposed

designation is available for public

inspection at the following locations:

EPA Public Information Reference Unit

(PIRU), Room 2904 (rear), 401 M

Street, SW., Washington, DC 20460

EPA/Region IV, 345 Courtland Street,

NE., Atlanta, Georgia 30365.

Department of the Army, Jacksonville

District Corps of Engineers, 400 West

Bay Street, P.O. Box 4970,

Jacksonville, FL 32232–0019

FOR FURTHER INFORMATION CONTACT:
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3187

Gary W. Collins, 404/347–1740 ext.

4286.

SUPPLEMENTARY INFORMATION:

A. Background

Section 102(c) of the Marine

Protection, Research, and Sanctuaries

Act (MPRSA) of 1972, as amended, 33

U.S.C. 1401 et seq., gives the

Administrator of EPA the authority to

designate sites where ocean disposal

may be permitted. On October 1, 1986,

the Administrator delegated the

authority to designate ocean disposal

sites to the Regional Administrator of

the Region in which the sites are

located. This proposed designation of a

site offshore Tampa, Florida, which is

within Region IV, is being made

pursuant to that authority.

The EPA Ocean Dumping Regulations

promulgated under MPRSA (40 CFR

Chapter I, Subchapter H, § 228.4) state

that ocean dumping sites will be

designated by promulgation in this part

228. A list of ‘‘Approved Interim and

Final Ocean Dumping Sites’’ was

published on January 11, 1977 (42 FR

2461 (January 11, 1977)). The list

established two sites for Tampa, Site A

and Site B, as interim sites. Subsequent

legal action by Manatee County and

extensive field efforts have resulted in

the identification of the now proposed

site. The details of these events can be

found in the ‘‘Final Environmental

Impact Statement for the Designation of

an Ocean Dredged Material Disposal

Site Located Offshore Tampa, Florida.’’

Interested persons may participate in

this proposed rulemaking by submitting

written comments within 45 days of the

date of this publication to the address

given above.

B. EIS Development

Section 102(2)(C) of the National

Environmental Policy Act (NEPA) of

1969, as amended, 42 U.S.C. 4321 et

seq., requires that federal agencies

prepare an Environmental Impact

Statement (EIS) on proposals for

legislation and other major federal

actions significantly affecting the

quality of the human environment. The

object of NEPA is to build into the

Agency decision making process careful

consideration of all environmental

aspects of proposed actions. While

NEPA does not apply to EPA activities

of this type, EPA has voluntarily

committed to prepare EISs in

connection with ocean disposal site

designations such as this (see 39 FR

16186 (May 7, 1974)).

EPA, in cooperation with the

Jacksonville District of the U.S. Army

Corps of Engineers (COE), has prepared

a Final EIS (FEIS) entitled ‘‘Final

Environmental Impact Statement for the

Designation of An Ocean Dredged

Material Disposal Site Located Offshore

Tampa, Florida.’’ On September 23,

1994, the Notice of Availability. (NOA)

of the FEIS for public review and

comment was published in the Federal

Register (59 FR 48878 (September 23

1994)). Anyone desiring a copy of the

EIS may obtain one from the addresses

given above. The public comment

period on the final EIS closed on

October 24, 1994. The closing date was

extended for 15 days due to a request by

the State of Florida.

EPA received 1 comment letter on the

Final EIS. The letter was from the State

of Florida (dated November 18, 1994)

and stated that the proposed designation

was found to be consistent with the

Florida Coastal Management Program.

This rule proposes the permanent

designation for continuing use of the

previously designated Site 4 near

Tampa, Florida. The purpose of the

proposed action is to provide an

environmentally acceptable option for

the ocean disposal of dredged material.

The need for the permanent designation

of the Tampa ODMDS is based on a

demonstrated COE need for ocean

disposal of maintenance dredged

material from the Federal navigation

projects in the greater Tampa Bay area.

However, every disposal activity by the

COE is evaluated on a case-by-case basis

to determine the need for ocean disposal

for that particular case. The need for

ocean disposal for other projects, and

the suitability of the material for ocean

disposal, will be determined on a caseby-case basis as part of the COE’s

process of issuing permits for ocean

disposal for private/federal actions and

a public review process for their own

actions.

For the Tampa ODMDS, the COE and

EPA would evaluate all federal dredged

material disposal projects pursuant to

the EPA criteria given in the Ocean

Dumping Regulations (40 CFR parts

220–229) and the COE regulations (33

CFR 209.120 and 335–338). The COE

then issues Marine Protection, Research,

and Sanctuaries Act (MPRSA) permits

after compliance with regulations is

determined to private applicants for the

transport of dredged material intended

for ocean disposal. EPA has the right to

disapprove any ocean disposal project

if, in its judgment, the MPRSA

environmental criteria (Section 102(a))

or conditions of designation (Section

102(c)) are not met.

The FEIS discusses the need for this

site designation and examines ocean

disposal site alternatives to the

proposed action. Non-ocean disposal

options have been examined and are

discussed in the FEIS.

C. Proposed Site Designation

The proposed site is located west of

Tampa, Florida, approximately 18

nautical miles (nmi) offshore. The

proposed ODMDS occupies an area of

about 4 square nautical miles (nmi2), in

the configuration of an approximate 2

nmi by 2 nmi square. Water depths

within the area average 22 meters (m).

The coordinates of the Tampa site

proposed for final designation are as

follows:

27°32′27′′ N 83°06′02′′ W;

27°32′27′′ N 83°03′46′′ W;

27°30′27′′ N 83°06′02′′ W; and

27°30′27′′ N 83°03′46′′ W.

D. Regulatory Requirements

Pursuant to the Ocean Dumping

Regulations, 40 CFR 228.5, five general

criteria are used in the selection and

approval for continuing use of ocean

disposal sites. Sites are selected so as to

minimize interference with other

marine activities, to prevent any

temporary perturbations associated with

the disposal from causing impacts

outside the disposal site, and to permit

effective monitoring to detect any

adverse impacts at an early stage. Where

feasible, locations off the Continental

Shelf and other sites that have been

historically used are to be chosen. If, at

any time, disposal operations at a site

cause unacceptable adverse impacts,

further use of the site can be restricted

or terminated by EPA. The proposed site

conforms to the five general criteria.

In addition to these general criteria in

§ 228.5, § 228.6 lists the 11 specific

criteria used in evaluating a proposed

disposal site to assure that the general

criteria are met. Application of these 11

criteria constitutes an environmental

assessment of the impact of disposal at

the site. The characteristics of the

proposed site are reviewed below in

terms of these 11 criteria (the EIS may

be consulted for additional

information).

1. Geographical position, depth of

water, bottom topography, and distance

from coast (40 CFR 228.6(a)(1)). The

boundary of the proposed site is given

above. The western boundary of the

proposed site is located about 18 nmi

offshore of Tampa, Florida. The site is

an approximate 2 nmi by 2 nmi square

configuration. Water depth in the area

averages 22 m.

2. Location in relation to breeding,

spawning, nursery, feeding, or passage

areas of living resources in adult or

juvenile phases (40 CFR 228.6(a)(2)).

Many of the area’s species spend their

adult lives in the offshore region, but are
3188 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

estuary-dependent because their

juvenile stages use a low salinity

estuarine nursery region. Specific

migration routes are not known in the

Tampa area. The site is not known to

include any major breeding or spawning

area. Due to the motility of finfish, it is

unlikely that disposal activities will

have any significant impact on any of

the species found in the area.

3. Location in relation to beaches and

other amenity areas (40 CFR

228.6(a)(3)). The proposed site is

located approximately 18 nautical miles

from the coast. Amenity areas for

recreational fishing and diving are

present throughout the nearshore

region, particularly at scattered hardbottom reefs. Some diving and fishing

may occur near the site, although less

frequently than at sites closer to shore.

Considering the distance that the

proposed disposal site is offshore of

beach areas, dredged material disposal

at the site is not expected to have an

effect on the recreational uses of these

beaches. Modelling performed by the

EPA indicates that disposed material

will not impact these areas.

4. Types and quantities of wastes

proposed to be disposed of, and

proposed methods of release, including

methods of packing the waste, if any (40

CFR 228(a)(4)). It is anticipated that the

proposed site will be used primarily for

disposal of maintenance material from

the federal channels leading into Tampa

Bay. Maintenance dredging of the

entrance channel has not occurred since

it was deepened in 1985. Estimated

volumes for this maintenance is

expected to be about 2 million cubic

yards. For each future dredging project,

each disposal plan must be evaluated on

a case-by-case basis to ensure that ocean

disposal is the best alternative and that

the material meets the Ocean Dumping

Criteria in 40 CFR part 227.

5. Feasibility of surveillance and

monitoring (40 CFR 228.6(a)(5)). Due to

the relative proximity of the site to

shore and its depth, surveillance will

not be difficult. The Site Management

and Monitoring Plan (SMMP) for the

Tampa ODMDS has been developed and

was included as an appendix in the

FEIS. This SMMP establishes a

sequence of monitoring surveys to be

undertaken to determine any impacts

resulting from disposal activities. The

SMMP may be modified for cause by the

responsible agency. A copy of the

SMMP may be obtained at the any of the

addresses given above.

6. Dispersal, horizontal transport and

vertical mixing characteristics of the

area including prevailing current

direction and velocity, if any (40 CFR

228.6(a)(6)). Prevailing currents parallel

the coast and are generally oriented

along a north-south axis. Southerly flow

predominates. A dredged material

dispersion study conducted by the EPA

for the short-term fate of material

disposed at the proposed site indicates

little possibility of disposed material

affecting nearby habitats. Measures as

discussed in the Site Management and

Monitoring Plan will be instituted

during disposal operations to minimize

the possibility of material being

transported to any habitats of concern.

7. Existence and effects of current and

previous discharges and dumping in the

area (including cumulative effects) (40

CFR 228.6(a)(7)). The proposed site has

only been used to dispose of the

material from the Tampa Harbor

Deepening project. Subsequent

monitoring of this disposal and the

long-term effects show that no adverse

impacts have, or are likely to occur to

the area.

8. Interference with shipping, fishing,

recreation, mineral extraction,

desalination, fish and shellfish culture,

areas of special scientific importance

and other legitimate uses of the ocean

(40 CFR 228.6(a)(8)). While shipping is

heavy in the Tampa area, the infrequent

use of this site and its distance from

shore should assure that no significant

disruption of either commercial

shipping or recreational boating will

occur. Commercial and recreational

fishing activities are concentrated in

inshore and nearshore waters. No

mineral extraction, desalination, or

mariculture activities occur in the

immediate area. Scientific resources

present throughout this area are not

geographically limited to the proposed

Tampa ODMDS or nearby waters.

9. The existing water quality and

ecology of the site as determined by

available data or by trend assessment or

baseline surveys (40 CFR 228.6(a)(9)).

Appropriate water quality and

ecological assessments have been

performed at the site. Site-specific

information concerning the water

quality and ecology at the proposed

ODMDS is presented in the FEIS. A

copy of the FEIS may be obtained at any

of the addresses given above.

10. Potentiality for the development or

recruitment of nuisance species in the

disposal site (40 CFR 228.6(a)(10)). The

disposal of dredged materials should

not attract or promote the development

of nuisance species. No nuisance

species have been reported to occur at

previously utilized disposal sites in the

vicinity.

11. Existence at or in close proximity

to the site of any significant natural or

cultural features of historical

importance (40 CFR 228.6(a)(11)). No

known natural or cultural features of

historical importance occur at or in

close proximity to the site.

E. Site Management

Site management of the Tampa

ODMDS is the responsibility of EPA as

well as the COE. The COE issues

permits to private applicants for ocean

disposal; however, EPA/Region IV

assumes overall responsibility for site

management.

The Site Management and Monitoring

Plan (SMMP) for the proposed Tampa

ODMDS was developed as a part of the

process of completing the EIS. This plan

provides procedures for both site

management and for the monitoring of

effects of disposal activities. This SMMP

is intended to be flexible and may be

modified by the responsible agency for

cause.

F. Proposed Action

The EIS concludes that the proposed

site may appropriately be designated for

use. The proposed site is compatible

with the 11 specific and 5 general

criteria used for site evaluation.

The designation of the Tampa site as

an EPA-approved ODMDS is being

published as Proposed Rulemaking.

Overall management of this site is the

responsibility of the Regional

Administrator of EPA/Region IV.

It should be emphasized that, if an

ODMDS is designated, such a site

designation does not constitute EPA’s

approval of actual disposal of material

at sea. Before ocean disposal of dredged

material at the site may commence, the

COE must evaluate a permit application

according to EPA’s Ocean Dumping

Criteria. EPA has the right to disapprove

the actual disposal if it determines that

environmental concerns under MPRSA

have not been met.

The Tampa ODMDS is not restricted

to disposal use by federal projects;

private applicants may also dispose

suitable dredged material at the ODMDS

once relevant regulations have been

satisfied. This site is restricted,

however, to suitable dredged material

from the greater Tampa, Florida

vicinity.

G. Regulatory Assessments

Under the Regulatory Flexibility Act,

EPA is required to perform a Regulatory

Flexibility Analysis for all rules that

may have a significant impact on a

substantial number of small entities.

EPA has determined that this proposed

action will not have a significant impact

on small entities since the designation

will only have the effect of providing a

disposal option for dredged material.

Consequently, this Rule does not
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3189

necessitate preparation of a Regulatory

Flexibility Analysis.

Under Executive Order 12866, EPA

must judge whether a regulation is

‘‘major’’ and therefore subject to the

requirement of a Regulatory Impact

Analysis. This action will not result in

an annual effect on the economy of $100

million or more or cause any of the

other effects which would result in its

being classified by the Executive Order

as a ‘‘major’’ rule. Consequently, this

rule does not necessitate preparation of

a Regulatory Impact Analysis. This

proposed rule does not contain any

information collection requirements

subject to Office of Management and

Budget review under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

List of Subjects in 40 CFR Part 228

Environmental protection, Water

pollution control.

Approved by:

Patrick M. Tobin,

Acting Regional Administrator.

In consideration of the foregoing,

subchapter H of chapter I of title 40 is

proposed to be amended as set forth

below.

PART 228—[AMENDED]

1. The authority citation for part 228

continues to read as follows:

Authority: 33 U.S.C. 1412 and 1418.

2. Section 228.15 is proposed to be

amended by adding paragrpah (h)(18) to

read as follows:

§ 228.15 Dumping sites designated on a

final basis.

* * * * *

(h) * * *

(18) Tampa, Florida; Ocean Dredged

Material Disposal Site lll Region IV.

(i) Location:.27°32′27′′

N

83°06′02′′

W.;

27°32′27′′

N

83°03′46′′

W.;

27°30′27′′

N

83°06′02′′

W.;

27°30′27′′

N

83°03′46′′

W.

Size: Approximately 4 square nautical

miles.

Depth: Approximately 22 meters.

Primary use: Dredged material.

Period of use: Continuing use.

Restriction: Disposal shall be limited

to suitable dredged material from the

greater Tampa, Florida vicinity.

Disposal shall comply with conditions

set forth in the most recent approved

Site Management and Monitoring Plan.

* * * * *

[FR Doc. 95–930 Filed 1–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5130–4]

Independent Nail Superfund Site

Notice of Intent to Delete; National Oil

and Hazardous Substances Pollution

Contingency Plan; National Priorities

List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete the

Independent Nail Company Site from

the National Priorities List; Request for

Comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region IV announces its

intent to delete the Independent Nail

(Site), located in Beaufort County, S.C.,

from the National Priorities List (NPL)

and requests public comments on this

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), as amended. It has been

determined that all Fund-financed

response actions taken at the Site under

CERCLA have been implemented. EPA,

in consultation with the State of South

Carolina, has determined that remedial

activities conducted at the Site to date

remain protective of public health,

welfare, and the environment.

DATES: Comments concerning the

deletion of this Site from the NPL

should be submitted on or before

February 13, 1995.

ADDRESSES: Comments may be mailed

to: Terry Tanner, RPM, EPA–Region IV,

Waste Management Division, 345

Courtland Street, N.E., Atlanta, GA

30365.

The deletion docket, which contains

supporting information on EPA’s

decision to delete this Site from the

NPL, is available for inspection Monday

through Friday from 8:00 a.m. to 4:30

p.m. at the following location: U.S. EPA

Record’s Center, 345 Courtland Street,

N.E., Atlanta, GA 30365, (404) 347–

0506.

An additional copy of the deletion

docket is also available for viewing

between 9:00 a.m. and 8:00 p.m. at the

following location: Beaufort County

Library, 710 Craven Street, Beaufort, SC

29902, (803) 525–7279.

FOR FURTHER INFORMATION CONTACT:

Terry Tanner at 404–347–7791, X4117.

SUPPLEMENTARY INFORMATION:

I. Introduction

The Environmental Protection Agency

(EPA), Region IV, announces its intent

to delete the Independent Nail Site,

located in Beaufort, South Carolina,

from the National Priorities List (NPL)

and requests comments on this deletion.

The NPL constitutes Appendix B of the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP). The

EPA identifies sites that appear to

present a significant risk to public

health, welfare, or the environment and

maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of remedial actions financed by

the Hazardous Substance Superfund

Response Trust Fund (Fund). Pursuant

to § 300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed remedial actions if

conditions at the site warrant such

action.

The EPA will accept comments

concerning 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

Independent Nail Site and explains how

the Site meets the deletion criteria.

II. NPL Deletion Criteria

Amendments to the NCP published in

the Federal Register on March 8, 1990,

establish the criteria the Agency uses to

delete sites from the NPL. Section

300.425(e) of the NCP states that

‘‘Releases may be deleted or

recategorized on the NPL where no

further response is appropriate. EPA

shall consult with the state on proposed

deletion from the NPL prior to

developing the notice of intent to delete.

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; or

ii. All appropriate Fund-financed

response under CERCLA has been

implemented, and no further response

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