Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations 18683

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

This approval does not create any

new requirements. Therefore, I certify

that this action does not have a

significant impact on any small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

Act, preparation of the regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Act forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 256–66 (1976).

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the 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, the 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 the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated today 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 preexisting requirements under State or

local law, and imposes no new Federal

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or the private sector,

result from this action.

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 June 28, 1996. 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 may 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 52

Environmental protection, Air pollution

control, Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements.

Dated: November 6, 1995.

Valdas V. Adamkus,

Regional Administrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

Subpart YY—Wisconsin

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.2570 is amended by

adding paragraphs (c) (84), (85), and (86)

to read as follows:

§ 52.2570 Identification of plan.

* * * * *

(c) * * *

(84) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on February 17,

1995, and supplemented on June 14,

1995. This revision consists of a volatile

organic compound regulation that

requires controls for gasoline storate

tank vent pipes.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 420.035 as created and

published in the (Wisconsin) Register,

July, 1994, No. 463, effective August 1,

1994.

(85) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on April 12, 1995,

and supplemented on June 14, 1995,

and January 19, 1996. This revision

consists of a volatile organic compound

regulation that requires the control of

emissions from traffic markings.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 422.02(16e), (42q), (42s) and

(47m) as created and published in the

(Wisconsin) Register, July, 1994, No.

463, effective August 1, 1994.

(B) NR 422.17 as created and

published in the (Wisconsin) Register,

July, 1994, No. 463, effective August 1,

1994.

(86) A revision to the ozone State

Implementation Plan (SIP) was

submitted by the Wisconsin Department

of Natural Resources on April 12, 1995,

and supplemented on June 14, 1995,

and January 19, 1996. This revision

consists of a volatile organic compound

regulation that requires additional

controls on solvent metal cleaning

operations. This rule is more stringent

than the RACT rule it is replacing.

(i) Incorporation by reference. The

following section of the Wisconsin

Administrative Code is incorporated by

reference.

(A) NR 423.02(10) as renumbered

from NR 423.02(9), amended and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994. NR 423.02(11) as

renumbered from NR 423.02(10) and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994. NR 423.02(9) and

(12) as created and published in the

(Wisconsin) Register, August, 1994, No.

464, effective September 1, 1994.

(B) NR 423.03 as created and

published in the (Wisconsin) Register,

August, 1994, No. 464, effective

September 1, 1994.

(C) NR 425.03(12)(a)7. as amended

and published in the (Wisconsin)

Register, August, 1994, No. 464,

effective September 1, 1994.

* * * * *

[FR Doc. 96–10451 Filed 4–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5461–4]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion Gallaway Pits

Superfund Site, in Fayette County,

Tennessee from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 4 announces the

deletion of the Gallaway Pits Site from

the National Priorities List (NPL),

(Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP)). EPA and the State have

determined that all appropriate Fund-
18684 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Rules and Regulations

financed responses under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA), as amended, have been

implemented and that no further

cleanup is appropriate. Moveover, EPA

and the State have determined that

remedial actions conducted at the site to

date have been protective of public

health, welfare and the environment.

This deletion does not preclude future

action under Superfund.

EFFECTIVE DATE: May 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert West, Remedial Project Manager,

U.S. Environmental Protection Agency,

Region 4, North Superfund Remedial

Branch, 345 Courtland Street, N.E.,

Atlanta, Georgia 30365, (404) 347–7791,

extension 2033.

SUPPLEMENTARY INFORMATION: The Site

to be deleted from the NPL is: Gallaway

Pits Superfund Site, in Fayette County,

Tennessee.

A Notice of Intent to Delete for this

site was published on February 22,

1996, (FR–5428–2). The closing date for

comments on the Notice of Intent to

Delete was March 22, 1996. EPA

received no comments.

EPA identifies sites that appear to

present a significant risk to the public

health, welfare and the environment

and it maintains the NPL as the list of

those sites. Any site deleted from the

NPL remains eligible for Fund-financed

remedial actions in the future. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL. Deletion of

a site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

Waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

Dated: April 4, 1996.

Phyllis P. Harris,

Acting Deputy Regional Administrator, U.S.

EPA Region 4.

For reasons set out in the preamble,

40 CFR Part 300 is amended as follows:

PART 300—[AMENDED]

The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Gallaway

Pits Superfund Site, in Fayette County,

Tennessee.

[FR Doc. 96–10105 Filed 4–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5463–9]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of a site from

the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the 29th and Mead Ground Water

Contamination Site located in Wichita,

Kansas, from the National Priorities List

(NPL). The NPL is Appendix B of 40

CFR part 300. Part 300 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. In light of

the planned State action in this case,

EPA finds that no further response

under CERCLA is appropriate. The Site

is instead, in a pilot project, deferred to

the State of Kansas and will be

addressed by the Kansas Department of

Health and Environment (KDHE).

Deletion under this approach does not

indicate that the cleanup has been

completed, but rather that no further

Superfund involvement is necessary,

and that the Agency expects the

response at the Site will be completed

under an Agreement between the City of

Wichita and KDHE. EPA will consider

the effectiveness and efficiency of the

Site cleanup as well as the likelihood

that a similarly favorable outcome could

be reproduced elsewhere in deciding

whether such a policy will be

considered for other sites.

EFFECTIVE DATE: April 29, 1996.

FOR FURTHER INFORMATION CONTACT:

William Bunn, Remedial Project

Manager; Superfund Division, U.S.

Environmental Protection Agency,

Region 7; 726 Minnesota Avenue;

Kansas City, Kansas 66101. Phone: (913)

551–7792.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is the 29th and

Mead Ground Water Contamination Site

in Wichita, Kansas. A Notice of Intent

to Delete was published January 31,

1996 (61 FR 3365). The closing date for

comments on the Notice of Intent to

Delete was March 1, 1996.

EPA received comment favoring this

proposed action from Mr. Robert Knight,

Mayor of Wichita, on behalf of the

Wichita City Council.

Sites on the NPL may be the subject

of Hazardous Substance Response Trust

Fund (Fund-) financed remedial action.

Any site deleted from the NPL remains

eligible for Fund-financed remedial

actions in the unlikely event that

conditions at the site warrant such

action. Section 40 CFR 300.425(e)(3) of

the NCP states that Fund-financed

actions may be taken at sites deleted

from the NPL. Deletion of a site from the

NPL does not affect responsible party

liability or impede agency efforts to

recover costs associated with response

efforts.

An explanation of the criteria for

deleting this site from the NPL was

presented in Section II of the January

31, 1996, Notice of Intent to Delete (FR

61 3365). A description of the site and

how it meets the criteria for deletion

was presented in Section IV of that

Notice. The reasoning in the Notice of

Intent is adapted as EPA’s reasoning for

this final deletion.

List of Subjects in 40 CFR Part 300

Environmental protection, Hazardous

waste.

Dated: April 23, 1996.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(C)(2); 42 U.S.C.

9601–9657; E.O. 1277, 56 FR 54757, 3 CFR,

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the 29th and

Mead Ground Water Contamination

Site, Wichita, Kansas.

[FR Doc. 96–10537 Filed 4–26–96; 8:45 am]

BILLING CODE 6560–50–P