51527
Federal
Register
/
Vol.
67,
No.
153
/
Thursday,
August
8,
2002
/
Proposed
Rules
specific
facts
contained
in
EPA's
rulemaking
action
approving
or
disapproving
such
plans
and
revisions
shall
have
full
force
and
effect
of
law
as
precedent
for
any
future
EPA
rulemaking
action
on
similar
plans
and
revisions
under
applicable
provisions
of
the
Clean
Air
Act
and
EPA's
implementing
regulations.
The
EPA
shall
apply
the
Act
and
implementing
regulations
in
like
manner
to
like
situations,
and
will
explain
any
deviations
from
past
practice
based
upon
factual
differences
in
different
areas
or
developing
interpretations
of
applicable
law
in
future
SIP
approval
or
disapproval
actions
through
notice­
andcomment
rulemaking.

[FR
Doc.
02Ð
20097
Filed
8Ð
7Ð
02;
8:
45
am]

BILLING
CODE
6560–
50–
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[NC–
96;
97–
200231(
b);
FRL–
7254–
1]

Approval
and
Promulgation
of
Implementation
Plans:
North
Carolina:
Permitting
Rules
and
Other
Miscellaneous
Revisions
AGENCY:
Environmental
Protection
Agency
(EPA).
ACTION:
Proposed
rule.

SUMMARY:
EPA
is
proposing
to
approve
a
State
Implementation
Plan
(SIP)
revision
submitted
by
the
State
of
North
Carolina,
through
the
North
Carolina
Department
of
Environmental
and
Natural
Resources
(NCDENR),
on
April
16,
2001.
These
revisions
include
the
adoption
of
rules
15A
NCAC
2D
.0611
through
.0615,
the
amending
of
.0501,
.0903
and
multiple
rules
within
Chapter
.0600
Monitoring:
Recordkeeping:
Reporting,
the
adoption
of
rules
15A
NCAC
2Q
.0316
and
.0317
and
the
amending
of
rules
.0109,
.0803
and
.0805
through
.0808.
In
the
Final
Rules
Section
of
this
Federal
Register,
the
EPA
is
approving
the
North
Carolina
SIP
revision
as
a
direct
final
rule
without
prior
proposal
because
the
Agency
views
this
as
a
noncontroversial
submittal
and
anticipates
no
adverse
comments.
A
detailed
rationale
for
the
approval
is
set
forth
in
the
direct
final
rule.
If
no
significant
material
and
adverse
comments
are
received
in
response
to
this
rule,
no
further
activity
is
contemplated.
If
EPA
receives
adverse
comments,
the
direct
final
rule
will
be
withdrawn
and
all
public
comments
received
will
be
addressed
in
a
subsequent
final
rule
based
on
this
rule.
The
EPA
will
not
institute
a
second
comment
period
on
this
document.
Any
parties
interested
in
commenting
on
this
document
should
do
so
at
this
time.
DATES:
Written
comments
must
be
received
on
or
before
September
9,
2002.

ADDRESSES:
All
comments
should
be
addressed
to:
Randy
Terry
at
the
EPA,
Region
4
Air
Planning
Branch,
61
Forsyth
Street,
SW,
Atlanta,
Georgia
30303Ð
8960.
Copies
of
documents
relative
to
this
action
are
available
at
the
following
addresses
for
inspection
during
normal
business
hours:
Environmental
Protection
Agency,
Region
4,
Air
Planning
Branch,
61
Forsyth
Street,
SW,
Atlanta,
Georgia
30303Ð
8960.
North
Carolina
Department
of
Environment
and
Natural
Resources,
512
North
Salisbury
Street,
Raleigh,
North
Carolina
27604.
FOR
FURTHER
INFORMATION
CONTACT:
Randy
Terry,
Regulatory
Development
Section,
Air
Planning
Branch,
Air,
Pesticides
and
Toxics
Management
Division,
Region
4,
Environmental
Protection
Agency,
Atlanta
Federal
Center,
61
Forsyth
Street,
SW,
Atlanta,
Georgia
30303Ð
8960.
The
telephone
number
is
(404)
562Ð
9032.
Mr.
Terry
can
also
be
reached
via
electronic
mail
at
terry.
randy@
epa.
gov.
SUPPLEMENTARY
INFORMATION:
For
additional
information
see
the
direct
final
rule
which
is
published
in
the
Rules
section
of
this
Federal
Register.

Dated:
July
10,
2002.
A.
Stanley
Meiburg,
Acting
Regional
Administrator,
Region
4.
[FR
Doc.
02Ð
19436
Filed
8Ð
7Ð
02;
8:
45
am]

BILLING
CODE
6560–
50–
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
122
and
450
[FRL–
7257–
1]

RIN
2040–
AD42
Effluent
Limitation
Guidelines
and
New
Source
Performance
Standards
for
the
Construction
and
Development
Category;
Public
Meetings
and
Change
of
Location
for
Water
Docket
AGENCY:
Environmental
Protection
Agency
(EPA).
ACTION:
Proposed
rule.

SUMMARY:
EPA
is
announcing
public
information
meetings
and
a
change
in
the
location
of
the
Water
Docket.
DATES:
The
public
meetings
will
be
held
on
Thursday,
September
5,
2002
and
September
18,
2002.
The
Water
Docket
will
be
closed
during
August
12
to
26,
2002
and
will
open
at
a
new
location
on
August
27,
2002.
See
``
Supplementary
Information''
for
detailed
information.

FOR
FURTHER
INFORMATION
CONTACT:
Eric
Strassler,
EPA,
e­
mail
strassler.
eric@
epa.
gov
or
telephone
202Ð
566Ð
1026.

SUPPLEMENTARY
INFORMATION:
EPA
published
a
proposed
rule
for
the
Construction
and
Development
Category
on
June
24,
2002
(67
FR
42644)
and
is
conducting
public
meetings.
No
registration
is
required
for
these
meetings.
Seating
will
be
provided
on
a
first­
come,
first­
served
basis.
 
Thursday,
September
5,
2002.
9
a.
m.Ð
noon.
Sheraton
Atlanta
Hotel,
165
Courtland
St.,
Atlanta,
GA.
Phone
404Ð
659Ð
6500.
 
Wednesday,
September
18,
2002.
9
a.
m.Ð
noon.
EPA
East
Building,
Room
1153,
1201
Constitution
Avenue,
NW.,
Washington,
DC.
Please
note
that
parking
is
very
limited
in
downtown
Washington
and
use
of
public
transit
is
recommended.
The
EPA
Headquarters
complex
is
located
near
the
Federal
Triangle
Metro
subway
station.
Upon
exiting
the
Metro
station,
walk
on
12th
Street
to
Constitution
Avenue,
and
turn
right
to
proceed
to
the
EPA
East
Building
entrance.
Meeting
Access:
If
you
need
special
accommodations
at
these
meetings,
including
wheelchair
access,
please
contact
the
Eastern
Research
Group
Conference
Registration
Line
at
781Ð
674Ð
7374,
at
least
five
business
days
before
the
meeting
so
that
appropriate
arrangements
can
be
made.
During
the
meetings,
EPA
will
present
information
on
the
applicability
of
the
proposed
regulation,
the
technology
options
selected
as
the
basis
for
the
proposed
limitations
and
standards,
and
the
compliance
costs
and
pollutant
reductions.
EPA
will
also
allow
time
for
questions
and
answers
during
these
sessions.
These
meetings
are
not
public
hearings
for
the
purpose
of
obtaining
comment
on
the
proposal.
EPA
will
not
generate
a
transcript
of
the
meetings.
The
public
may
submit
written
comments
by
mail
or
electronically
as
described
in
the
June
24,
2002
proposal.
Instructions
for
hand
delivery
of
written
comments
is
provided
below.
The
public
record
for
the
proposed
rule
is
available
for
review
in
EPA's
Water
Docket,
under
Docket
No.
WÐ
02Ð
06.
The
Water
Docket
will
close
temporarily
to
prepare
for
moving
to
a
new
location.
The
closure
dates
are
August
12
to
26,
2002.
The
new
Water
Docket
address
is
EPA
West
Building,
Room
B135,
1301
Constitution
Avenue,

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Federal
Register
/
Vol.
67,
No.
153
/
Thursday,
August
8,
2002
/
Proposed
Rules
NW.,
Washington,
DC,
20004.
The
docket
will
reopen
on
Tuesday,
August
27,
2002.
Beginning
on
that
date,
please
call
the
new
docket
phone
number,
202Ð
566Ð
2426,
to
schedule
an
appointment.
For
hand
deliveries
of
comments
on
or
after
that
date,
submit
such
comments
to
the
new
address.
Additional
information
about
the
proposed
rule
is
available
on
EPA's
Web
site
at
http://
www.
epa.
gov/
waterscience/
guide/
construction/.

Dated:
August
1,
2002.
Geoffrey
H.
Grubbs,
Director,
Office
of
Science
and
Technology.
[FR
Doc.
02Ð
20098
Filed
8Ð
7Ð
02;
8:
45
am]

BILLING
CODE
6560–
50–
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[FRL–
7257–
2]

National
Oil
and
Hazardous
Substance
Pollution
Contingency
Plan;
National
Priorities
List
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice
of
intent
to
delete
the
Del
Norte
County
Pesticide
Storage
Area
Superfund
Site
from
the
National
Priorities
List.

SUMMARY:
The
Environmental
Protection
Agency
(EPA)
Region
IX
is
issuing
a
Notice
of
Intent
to
Delete
the
Del
Norte
County
Pesticide
Storage
Area
Superfund
Site
(Site)
located
in
Crescent
City,
California,
from
the
National
Priorities
List
(NPL)
and
requests
public
comments
on
this
Notice
of
Intent
to
Delete.
The
NPL,
promulgated
pursuant
to
section
105
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980
(CERCLA),
as
amended,
is
found
at
appendix
B
of
40
CFR
part
300,
which
is
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(NCP).
The
EPA
and
the
State
of
California,
through
the
California
Department
of
Toxic
Substances
Control
(DTSC),
have
determined
that
all
appropriate
response
actions
under
CERCLA,
other
than
Operation
and
Maintenance
and
Five­
Year
Reviews,
have
been
completed.
However,
this
deletion
does
not
preclude
future
actions
under
CERCLA.

DATES:
Comments
concerning
this
Site
must
be
received
by
September
9,
2002.
ADDRESSES:
Written
comments
should
be
addressed
to:
Beatriz
Bofill,
Remedial
Project
Manager,
U.
S.
EPA,
Region
IX,
SFDÐ
7Ð
2,
75
Hawthorne
Street,
San
Francisco,
CA
94105Ð
3901,
(415)
972Ð
3260
or
(800)
231Ð
3075.
Information
Repositories:
Comprehensive
information
on
this
Site
is
available
through
the
Region
IX
public
docket
which
is
available
for
viewing
at
the
EPA
Region
IX
Superfund
Records
Center,
95
Hawthorne
Street,
San
Francisco,
CA
94105Ð
3901,
(415)
536Ð
2000
(Monday
through
Friday
8
a.
m.
to
5
p.
m.);
Crescent
City
Library,
190
Price
Mall,
Crescent
City,
CA
95531,
(707)
464Ð
9793
(Monday,
Tuesday,
Thursday
and
Friday
10
a.
m.
to
6
p.
m.,
Wednesday
10
a.
m.
to
8
p.
m.,
Saturday
10
a.
m.
to
2
p.
m.,
Sunday
closed).

FOR
FURTHER
INFORMATION
CONTACT:
Beatriz
Bofill,
Remedial
Project
Manager,
U.
S.
EPA,
Region
IX,
SFDÐ
7Ð
2,
75
Hawthorne
Street,
San
Francisco,
CA
94105Ð
3901,
(415)
972Ð
3260
or
(800)
231Ð
3075;
or
Viola
Cooper,
Community
Involvement
Coordinator,
U.
S.
EPA,
Region
IX,
SFDÐ
3,
75
Hawthorne
Street,
San
Francisco,
CA
94105Ð
3901,
(415)
972Ð
3243
or
(800)
231Ð
3075.

SUPPLEMENTARY
INFORMATION:

Table
of
Contents
I.
Introduction
II.
NPL
Deletion
Criteria
III.
Deletion
Procedures
IV.
Basis
for
Site
Deletion
I.
Introduction
The
U.
S.
EPA
Region
IX
is
publishing
this
Notice
of
Intent
to
Delete
the
Del
Norte
County
Pesticide
Storage
Area
Superfund
Site
from
the
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,
which
EPA
promulgated
pursuant
to
section
105
of
CERCLA,
as
amended.
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.
As
described
in
§
300.425(
e)(
3)
of
the
NCP,
sites
deleted
from
the
NPL
remain
eligible
for
remedial
action
in
the
unlikely
event
that
conditions
at
the
site
warrant
such
action.
EPA
will
accept
comments
on
the
proposal
to
delete
this
Site
for
thirty
(30)
days
after
publication
of
this
document
in
the
Federal
Register.
Section
II
of
this
document
explains
the
criteria
for
deleting
sites
from
the
NPL.
Section
III
discusses
procedures
that
EPA
is
following
specifically
for
this
Site.
Section
IV
discusses
the
Del
Norte
County
Pesticide
Storage
Area
Superfund
Site
and
demonstrates
how
it
meets
the
deletion
criteria.
Deletion
of
a
site
from
the
NPL
does
not
itself
create,
alter,
or
revoke
any
individual's
rights
or
obligations.
The
NPL
is
designed
primarily
for
informational
purposes
and
to
assist
EPA
management.

II.
NPL
Deletion
Criteria
Section
300.425(
e)
of
the
NCP
provides
that
sites
may
be
deleted
from
the
NPL
where
no
further
response
is
appropriate.
In
making
a
determination
to
delete
a
site
from
the
NPL,
EPA,
in
consultation
with
the
State,
shall
consider
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
(Hazardous
Substance
Superfund
Response
Trust
Fund)
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
environment
and,
therefore,
the
taking
of
remedial
measures
is
not
appropriate.
CERCLA
section
101(
25)
defines
response
as
removal
and
remedial
actions,
and
does
not
include
operation
and
maintenance
activities.
Accordingly,
a
site
may
be
deleted
from
the
NPL
where
only
operation
and
maintenance
activities
remain.
Even
if
a
site
is
deleted
from
the
NPL,
where
hazardous
substances,
pollutants,
or
contaminants
remain
at
the
deleted
site
above
levels
that
allow
for
unlimited
use
and
unrestricted
exposure,
CERCLA
section
121(
c),
42
U.
S.
C.
9621(
c)
requires
that
a
subsequent
review
of
the
site
be
conducted
at
least
every
five
years
after
the
initiation
of
the
remedial
action
at
the
deleted
site
to
ensure
that
the
action
remains
protective
of
public
health
and
the
environment.
If
new
information
becomes
available
which
indicates
a
need
for
further
action,
EPA
may
initiate
remedial
actions.
Whenever
there
is
a
significant
release
from
a
site
deleted
from
the
NPL,
the
deleted
site
may
be
restored
to
the
NPL
without
application
of
the
Hazard
Ranking
System
(40
CFR
300.425(
e)(
3)).

III.
Deletion
Procedures
The
following
procedures
apply
to
deletion
of
the
Site:
(1)
A
ROD
Amendment
documents
the
technical
infeasibility
of
reaching
the
Maximum
Contaminant
Level
(MCL)
for
1,2­
dichloropropane
(1,2­
DCP).
(2)
All
remedial
action
has
been
implemented
as
is
documented
in
the
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