

[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Rules and Regulations]               
[Page 56399-56407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se06-18]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2006-0255, EPA-HQ-SFUND-2006-0252, EPA-HQ-SFUND-2006-
0247, EPA-HQ-SFUND-2006-0250, EPA-HQ-SFUND-2004-0012; FRL-8223-3]
RIN 2050-AD75

 
National Priorities List, Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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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'') constitutes this list. The NPL is

[[Page 56400]]

intended primarily to guide the Environmental Protection Agency 
(``EPA'' or ``the Agency'') in determining which sites warrant further 
investigation. These further investigations will allow EPA to assess 
the nature and extent of public health and environmental risks 
associated with the site and to determine what CERCLA-financed remedial 
action(s), if any, may be appropriate. This rule adds five sites to the 
General Superfund Section of the NPL.

DATES: Effective Date: The effective date for this amendment to the NCP 
is October 27, 2006.

ADDRESSES: For addresses for the Headquarters and Regional dockets, as 
well as further details on what these dockets contain, see section II, 
``Availability of Information to the Public'' in the SUPPLEMENTARY 
INFORMATION portion of this preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone (703) 603-8852, 
State, Tribal and Site Identification Branch; Assessment and 
Remediation Division; Office of Superfund Remediation and Technology 
Innovation (mail code 5204P); U.S. Environmental Protection Agency; 
1200 Pennsylvania Avenue NW.; Washington, DC 20460; or the Superfund 
Hotline, phone (800) 424-9346 or (703) 412-9810 in the Washington, DC, 
metropolitan area.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are Sites Listed on the NPL?
    E. What Happens to Sites on the NPL?
    F. Does the NPL Define the Boundaries of Sites?
    G. How are Sites Removed from the NPL?
    H. May EPA Delete Portions of Sites From the NPL as They Are 
Cleaned Up?
    I. What is the Construction Completion List (CCL)?
II. Availability of Information to the Public
    A. May I Review the Documents Relevant to this Final Rule?
    B. What Documents are Available for Review at the Headquarters 
Docket?
    C. What Documents are Available for Review at the Regional 
Dockets?
    D. How Do I Access the Documents?
    E. How May I Obtain a Current List of NPL Sites?
III. Contents of This Final Rule
    A. Additions to the NPL
    B. Restore Site to NPL
    C. Site Name Change
    D. What did EPA Do with the Public Comments It Received?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    1. What is Executive Order 12866?
    2. Is this Final Rule Subject to Executive Order 12866 Review?
    B. Paperwork Reduction Act
    1. What is the Paperwork Reduction Act?
    2. Does the Paperwork Reduction Act Apply to This Final Rule?
    C. Regulatory Flexibility Act
    1. What is the Regulatory Flexibility Act?
    2. How Has EPA Complied with the Regulatory Flexibility Act?
    D. Unfunded Mandates Reform Act
    1. What is the Unfunded Mandates Reform Act (UMRA)?
    2. Does UMRA Apply to This Final Rule?
    E. Executive Order 13132: Federalism
    What Is Executive Order 13132 and Is It Applicable to This Final 
Rule?
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    1. What is Executive Order 13175?
    2. Does Executive Order 13175 Apply to This Final Rule?
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    1. What is Executive Order 13045?
    2. Does Executive Order 13045 Apply to This Final Rule?
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Usage
    Is this Rule Subject to Executive Order 13211?
    I. National Technology Transfer and Advancement Act
    1. What is the National Technology Transfer and Advancement Act?
    2. Does the National Technology Transfer and Advancement Act 
Apply to this Final Rule?
    J. Congressional Review Act
    1. Has EPA Submitted This Rule to Congress and the General 
Accounting Office?
    2. Could the Effective Date of This Final Rule Change?
    3. What Could Cause a Change in the Effective Date of This Rule?

I. Background

A. What Are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or 
``the Act''), in response to the dangers of uncontrolled releases or 
threatened releases of hazardous substances, and releases or 
substantial threats of releases into the environment of any pollutant 
or contaminant that may present an imminent or substantial danger to 
the public health or welfare. CERCLA was amended on October 17, 1986, 
by the Superfund Amendments and Reauthorization Act (``SARA''), Public 
Law 99-499, 100 Stat. 1613 et seq.

B. What Is the NCP?

    To implement CERCLA, EPA promulgated the revised National Oil and 
Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR part 
300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and 
Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets 
guidelines and procedures for responding to releases and threatened 
releases of hazardous substances, or releases or substantial threats of 
releases into the environment of any pollutant or contaminant that may 
present an imminent or substantial danger to the public health or 
welfare. EPA has revised the NCP on several occasions. The most recent 
comprehensive revision was on March 8, 1990 (55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also 
includes ``criteria for determining priorities among releases or 
threatened releases throughout the United States for the purpose of 
taking remedial action and, to the extent practicable, taking into 
account the potential urgency of such action, for the purpose of taking 
removal action.'' ``Removal'' actions are defined broadly and include a 
wide range of actions taken to study, clean up, prevent or otherwise 
address releases and threatened releases of hazardous substances, 
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What Is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or 
threatened releases of hazardous substances, pollutants, or 
contaminants throughout the United States. The list, which is appendix 
B of the NCP (40 CFR part 300), was required under section 105(a)(8)(B) 
of CERCLA, as amended by SARA. Section 105(a)(8)(B) defines the NPL as 
a list of ``releases'' and the highest priority ``facilities'' and 
requires that the NPL be revised at least annually. The NPL is intended 
primarily to guide EPA in determining which sites warrant further 
investigation to assess the nature and extent of public health and 
environmental risks associated with a release of hazardous substances, 
pollutants or contaminants. The NPL is only of limited significance, 
however, as it does not assign liability to any party or to the owner 
of any specific property. Also, placing a site on the NPL does not mean 
that any remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of 
sites that are generally evaluated and cleaned up by EPA (the ``General 
Superfund Section''), and one of sites that are owned or operated by 
other Federal agencies (the ``Federal Facilities Section''). With 
respect to sites in the

[[Page 56401]]

Federal Facilities Section, these sites are generally being addressed 
by other Federal agencies. Under Executive Order 12580 (52 FR 2923, 
January 29, 1987) and CERCLA section 120, each Federal agency is 
responsible for carrying out most response actions at facilities under 
its own jurisdiction, custody, or control, although EPA is responsible 
for preparing a Hazard Ranking System (HRS) score and determining 
whether the facility is placed on the NPL. EPA's role is less extensive 
than at other sites.

D. How Are Sites Listed on the NPL?

    There are three mechanisms for placing sites on the NPL for 
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site 
may be included on the NPL if it scores sufficiently high on the Hazard 
Ranking System (``HRS''), which EPA promulgated as appendix A of the 
NCP (40 CFR part 300). The HRS serves as a screening tool to evaluate 
the relative potential of uncontrolled hazardous substances, pollutant 
or contaminants to pose a threat to human health or the environment. On 
December 14, 1990 (55 FR 51532), EPA promulgated revisions to the HRS 
partly in response to CERCLA section 105(c), added by SARA. The revised 
HRS evaluates four pathways: Ground water, surface water, soil 
exposure, and air. As a matter of Agency policy, those sites that score 
28.50 or greater on the HRS are eligible for the NPL; (2) Pursuant to 
42 U.S.C 9605(a)(8)(B), each State may designate a single site as its 
top priority to be listed on the NPL, without any HRS score. This 
provision of CERCLA requires that, to the extent practicable, the NPL 
include one facility designated by each State as the greatest danger to 
public health, welfare, or the environment among known facilities in 
the State. This mechanism for listing is set out in the NCP at 40 CFR 
300.425(c)(2); (3) The third mechanism for listing, included in the NCP 
at 40 CFR 300.425(c)(3), allows certain sites to be listed without any 
HRS score, if all of the following conditions are met:
     The Agency for Toxic Substances and Disease Registry 
(ATSDR) of the U.S. Public Health Service has issued a health advisory 
that recommends dissociation of individuals from the release.
     EPA determines that the release poses a significant threat 
to public health.
     EPA anticipates that it will be more cost-effective to use 
its remedial authority than to use its removal authority to respond to 
the release.
    EPA promulgated an original NPL of 406 sites on September 8, 1983 
(48 FR 40658) and generally has updated it at least annually.

E. What Happens to Sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund 
established under CERCLA (commonly referred to as the ``Superfund'') 
only after it is placed on the NPL, as provided in the NCP at 40 CFR 
300.425(b)(1). (``Remedial actions'' are those ``consistent with 
permanent remedy, taken instead of or in addition to removal actions * 
* *.'' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing 
a site on the NPL ``does not imply that monies will be expended.'' EPA 
may pursue other appropriate authorities to respond to the releases, 
including enforcement action under CERCLA and other laws.

F. Does the NPL Define the Boundaries of Sites?

    The NPL does not describe releases in precise geographical terms; 
it would be neither feasible nor consistent with the limited purpose of 
the NPL (to identify releases that are priorities for further 
evaluation), for it to do so. Indeed, the precise nature and extent of 
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any 
area where a hazardous substance release has ``come to be located'' 
(CERCLA section 101(9)), the listing process itself is not intended to 
define or reflect the boundaries of such facilities or releases. Of 
course, HRS data (if the HRS is used to list a site) upon which the NPL 
placement was based will, to some extent, describe the release(s) at 
issue. That is, the NPL site would include all releases evaluated as 
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the 
relevant release(s) is to delineate a geographical area (usually the 
area within an installation or plant boundaries) and identify the site 
by reference to that area. However, the NPL site is not necessarily 
coextensive with the boundaries of the installation or plant, and the 
boundaries of the installation or plant are not necessarily the 
``boundaries'' of the site. Rather, the site consists of all 
contaminated areas within the area used to identify the site, as well 
as any other location where that contamination has come to be located, 
or from where that contamination came.
    In other words, while geographic terms are often used to designate 
the site (e.g., the ``Jones Co. plant site'') in terms of the property 
owned by a particular party, the site, properly understood, is not 
limited to that property (e.g., it may extend beyond the property due 
to contaminant migration), and conversely may not occupy the full 
extent of the property (e.g., where there are uncontaminated parts of 
the identified property, they may not be, strictly speaking, part of 
the ``site''). The ``site'' is thus neither equal to, nor confined by, 
the boundaries of any specific property that may give the site its 
name, and the name itself should not be read to imply that this site is 
coextensive with the entire area within the property boundary of the 
installation or plant. In addition, the site name is merely used to 
help identify the geographic location of the contamination, and is not 
meant to constitute any determination of liability at a site. For 
example, the name ``Jones Co. plant site,'' does not imply that the 
Jones company is responsible for the contamination located on the plant 
site.
    EPA regulations provide that the ``nature and extent of the problem 
presented by the release'' will be determined by a Remedial 
Investigation/Feasibility Study (RI/FS) as more information is 
developed on site contamination (40 CFR 300.5). During the RI/FS 
process, the release may be found to be larger or smaller than was 
originally thought, as more is learned about the source(s) and the 
migration of the contamination. However, the HRS inquiry focuses on an 
evaluation of the threat posed and therefore the boundaries of the 
release need not be exactly defined. Moreover, it generally is 
impossible to discover the full extent of where the contamination ``has 
come to be located'' before all necessary studies and remedial work are 
completed at a site. Indeed, the known boundaries of the contamination 
can be expected to change over time. Thus, in most cases, it may be 
impossible to describe the boundaries of a release with absolute 
certainty.
    Further, as noted above, NPL listing does not assign liability to 
any party or to the owner of any specific property. Thus, if a party 
does not believe it is liable for releases on discrete parcels of 
property, it can submit supporting information to the Agency at any 
time after it receives notice it is a potentially responsible party.
    For these reasons, the NPL need not be amended as further research 
reveals more information about the location of the contamination or 
release.

G. How Are Sites Removed From the NPL?

    EPA may delete sites from the NPL where no further response is 
appropriate under Superfund, as

[[Page 56402]]

explained in the NCP at 40 CFR 300.425(e). This section also provides 
that EPA shall consult with states on proposed deletions and shall 
consider 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 Superfund-financed response has been 
implemented and no further response action is required; or
    (iii) The remedial investigation has shown the release poses no 
significant threat to public health or the environment, and taking of 
remedial measures is not appropriate.

H. May EPA Delete Portions of Sites From the NPL as They Are Cleaned 
Up?

    In November 1995, EPA initiated a new policy to delete portions of 
NPL sites where cleanup is complete (60 FR 55465, November 1, 1995). 
Total site cleanup may take many years, while portions of the site may 
have been cleaned up and available for productive use.

I. What Is the Construction Completion List (CCL)?

    EPA also has developed an NPL construction completion list 
(``CCL'') to simplify its system of categorizing sites and to better 
communicate the successful completion of cleanup activities (58 FR 
12142, March 2, 1993). Inclusion of a site on the CCL has no legal 
significance.
    Sites qualify for the CCL when: (1) Any necessary physical 
construction is complete, whether or not final cleanup levels or other 
requirements have been achieved; (2) EPA has determined that the 
response action should be limited to measures that do not involve 
construction (e.g., institutional controls); or (3) the site qualifies 
for deletion from the NPL. For the most up-to-date information on the 
CCL, see EPA's Internet site at http://www.epa.gov/superfund.


II. Availability of Information to the Public

A. May I Review the Documents Relevant to This Final Rule?

    Yes, documents relating to the evaluation and scoring of the sites 
in this final rule are contained in dockets located both at EPA 
Headquarters and in the Regional offices.
    An electronic version of the public docket is available through 
http://www.regulations.gov (see table below for Docket Identification 

numbers). Although not all Docket materials may be available 
electronically, you may still access any of the publicly available 
Docket materials through the Docket facilities identified below in 
section II D.

----------------------------------------------------------------------------------------------------------------
               Site name                        City/state                      FDMS docket ID number
----------------------------------------------------------------------------------------------------------------
ASARCO Taylor Springs,................  Taylor Springs, IL........  EPA-HQ-SFUND-2006-0255.
Ringwood Mines/Landfill...............  Ringwood, NJ..............  EPA-HQ-SFUND-2006-0252.
Matteo & Sons, Inc....................  Thorofare, NJ.............  EPA-HQ-SFUND-2006-0247.
Pesticide Warehouse I.................  Arecibo, PR...............  EPA-HQ-SFUND-2004-0012.
Maunabo Area Ground Water               Maunabo, PR...............  EPA-HQ-SFUND-2006-0250.
 Contamination.
----------------------------------------------------------------------------------------------------------------

B. What Documents Are Available for Review at the Headquarters Docket?

    The Headquarters Docket for this rule contains, for each site, the 
HRS score sheets, the Documentation Record describing the information 
used to compute the score, pertinent information regarding statutory 
requirements or EPA listing policies that affect the site, and a list 
of documents referenced in the Documentation Record. For sites that 
received comments during the comment period, the Headquarters Docket 
also contains a Support Document that includes EPA's responses to 
comments.

C. What Documents Are Available for Review at the Regional Dockets?

    The Regional Dockets contain all the information in the 
Headquarters Docket, plus the actual reference documents containing the 
data principally relied upon by EPA in calculating or evaluating the 
HRS score for the sites located in their Region. These reference 
documents are available only in the Regional Dockets. For sites that 
received comments during the comment period, the Regional Docket also 
contains a Support Document that includes EPA's responses to comments.

D. How Do I Access the Documents?

    You may view the documents, by appointment only, after the 
publication of this rule. The hours of operation for the Headquarters 
Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays. Please contact the Regional Dockets for 
hours.
    Following is the contact information for the EPA Headquarters: 
Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; 
CERCLA Docket Office; 1301 Constitution Avenue; EPA West, Room 3340, 
Washington, DC 20004, 202/566-1744.
    The contact information for the Regional Dockets is as follows:

Dennis Munhall, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New 
York, NY 10007-1866; 212/637-4343.
Janet Pfundheller, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA, Records 
Center, Superfund Division SRC-7J, Metcalfe Federal Building, 77 West 
Jackson Boulevard, Chicago, IL 60604; 312/353-5821.

E. How May I Obtain a Current List of NPL Sites?

    You may obtain a current list of NPL sites via the Internet at 
http://www.epa.gov/superfund/ (look under the Superfund sites category) 

or by contacting the Superfund Docket (see FOR FURTHER INFORMATION 
CONTACT above).

III. Contents of This Final Rule

A. Additions to the NPL

    This final rule adds the following five sites to the NPL, all to 
the General Superfund Section:

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               State                                    Site name                            City/county
----------------------------------------------------------------------------------------------------------------
IL.................................  ASARCO Taylor Springs.........................  Taylor Springs.

[[Page 56403]]


NJ.................................  Ringwood Mines/Landfill.......................  Ringwood.
NJ.................................  Matteo & Sons, Inc............................  Thorofare.
PR.................................  Pesticide Warehouse I.........................  Arecibo.
PR.................................  Maunabo Area Ground Water Contamination.......  Maunabo.
----------------------------------------------------------------------------------------------------------------

B. Restore Site to NPL

    Pursuant to CERCLA Sec.  105(e) and 40 CFR 300.425(e)(3), whenever 
there has been a significant release of hazardous substances or 
pollutants or contaminants from a site that has been deleted from the 
NPL, EPA can restore the site to the NPL without application of the 
HRS.
    EPA is restoring to the NPL the Ringwood Mines/Landfill site in 
Passaic, New Jersey. This action was proposed on April 19, 2006 (71 FR 
20052). The Ringwood Mines/Landfill site was originally added to the 
NPL on September 1, 1983 and deleted from the NPL on November 2, 1994.

C. Site Name Change

    The Maunabo Area Ground Water Contamination site in Maunabo, Puerto 
Rico, was proposed to the NPL under a different name. The former name 
was Maunabo Urbano Public Wells (see Proposed Rule at 71 FR 20052, 
April 19, 2006). EPA believes the new name, Maunabo Area Ground Water 
Contamination, more accurately identifies the site.

D. What Did EPA Do With the Public Comments It Received?

    EPA reviewed all comments received on the sites in this rule and 
responses to comments are below.
    EPA received comments from Ford Motor Company regarding the 
restoration of the Ringwood Mines/Landfill site to the NPL. Ford Motor 
Company did not object to restoring the site to the NPL. Ford, however, 
did point out what they believed to be some inaccuracies in EPA's 
narrative summary. In response, EPA has updated the narrative summary 
to more accurately reflect the site's history and current conditions.
    In addition, EPA received one comment related to the Maunabo Area 
Ground Water Contamination site from the Puerto Rico Industrial 
Development Company (PRIDCO). PRIDCO commented that, although it was 
not opposed to listing, it should not be considered a PRP for the site, 
and that the facilities located on PRIDCO property are not sources of 
the contamination. Further, PRIDCO was only an owner of the land and 
structures, not an operator of the industries located at the 
facilities.
    In response, this comment has no effect on the score. The 
identification of PRPs is not part of an HRS evaluation or listing of a 
site. Listing does not reflect a judgment on the activities of site 
owners, nor does it assign liability (48 FR 40759, September 8, 1983).
    EPA also received a comment that was not directed at any particular 
site. The comment suggested that this listing is inconsistent with the 
separation of powers doctrine and listing these sites should only be 
done by Congress. The Supreme Court has stated that ``when Congress 
confers decisionmaking authority upon agencies [it] must lay down by 
legislative act an intelligible principle to which the person or body 
authorized to act is directed to conform.'' Whitman v. American 
Trucking Ass'ns, Inc., 531 U.S. 457, 472 (2001) (internal citation and 
punctuation omitted). The Court also noted that ``[i]n the history of 
the Court we have found the requisite `intelligible principle' lacking 
in only two statutes, one of which provided literally no guidance for 
the exercise of discretion, and the other of which conferred authority 
to regulate the entire economy on the basis of no more precise a 
standard than stimulating the economy by assuring `fair competition.' 
'' Id. at 474. CERCLA section 105(a)(8)(A) provides several 
considerations for EPA when ``determining priorities among releases or 
threatened releases throughout the United States'' and listing 
decisions are based upon these considerations, under CERCLA section 
105(a)(8)(B). Accordingly, EPA may properly make NPL listing 
determinations.
    For the remainder of sites in this rule, EPA received no relevant 
comments, therefore, EPA is placing them on the NPL at this time. All 
comments that were received by EPA are contained in the Headquarters 
Docket and are also listed in EPA's electronic public Docket and 
comment system at http://www.regulations.gov.


IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

1. What Is Executive Order 12866?
    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
2. Is This Final Rule Subject to Executive Order 12866 Review?
    No. The listing of sites on the NPL does not impose any obligations 
on any entities. The listing does not set standards or a regulatory 
regime and imposes no liability or costs. Any liability under CERCLA 
exists irrespective of whether a site is listed. It has been determined 
that this action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 and is therefore not subject to OMB 
review.

B. Paperwork Reduction Act

1. What Is the Paperwork Reduction Act?
    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations, after initial display in the preamble of the final rules, 
are listed in 40 CFR part 9.

[[Page 56404]]

2. Does the Paperwork Reduction Act Apply to This Final Rule?
    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
EPA has determined that the PRA does not apply because this rule does 
not contain any information collection requirements that require 
approval of the OMB.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

1. What Is the Regulatory Flexibility Act?
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996) whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities.
2. How Has EPA Complied With the Regulatory Flexibility Act?
    This rule listing sites on the NPL does not impose any obligations 
on any group, including small entities. This rule also does not 
establish standards or requirements that any small entity must meet, 
and imposes no direct costs on any small entity. Whether an entity, 
small or otherwise, is liable for response costs for a release of a 
hazardous substances depends on whether that entity is liable under 
CERCLA 107(a). Any such liability exists regardless of whether the site 
is listed on the NPL through this rulemaking. Thus, this rule does not 
impose any requirements on any small entities. For the foregoing 
reasons, I certify that this rule will not have a significant economic 
impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

1. What Is the Unfunded Mandates Reform Act (UMRA)?
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal Agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
one year. Before EPA promulgates a rule where a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
2. Does UMRA Apply to This Final Rule?
    No, EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments in the aggregate, or by the 
private sector in any one year. This rule will not impose any Federal 
intergovernmental mandate because it imposes no enforceable duty upon 
State, tribal or local governments. Listing a site on the NPL does not 
itself impose any costs. Listing does not mean that EPA necessarily 
will undertake remedial action. Nor does listing require any action by 
a private party or determine liability for response costs. Costs that 
arise out of site responses result from site-specific decisions 
regarding what actions to take, not directly from the act of listing a 
site on the NPL.
    For the same reasons, EPA also has determined that this rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. In addition, as discussed above, the 
private sector is not expected to incur costs exceeding $100 million. 
EPA has fulfilled the requirement for analysis under the Unfunded 
Mandates Reform Act.

E. Executive Order 13132: Federalism

What Is Executive Order 13132 and Is It Applicable to This Final Rule?
    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and

[[Page 56405]]

local governments, or EPA consults with State and local officials early 
in the process of developing the proposed regulation. EPA also may not 
issue a regulation that has federalism implications and that preempts 
State law, unless the Agency consults with State and local officials 
early in the process of developing the proposed regulation. This final 
rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. Thus, the requirements of section 6 
of the Executive Order do not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

1. What Is Executive Order 13175?
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
2. Does Executive Order 13175 Apply to This Final Rule?
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

1. What Is Executive Order 13045?
    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
2. Does Executive Order 13045 Apply to This Final Rule?
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this section present 
a disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Usage

Is This Rule Subject to Executive Order 13211?
    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

1. What Is the National Technology Transfer and Advancement Act?
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
2. Does the National Technology Transfer and Advancement Act Apply to 
This Final Rule?
    No. This rulemaking does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

J. Congressional Review Act

1. Has EPA Submitted This Rule to Congress and the General Accounting 
Office?
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, that includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA has submitted a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A ``major rule'' 
cannot take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
2. Could the Effective Date of This Final Rule Change?
    Provisions of the Congressional Review Act (CRA) or section 305 of 
CERCLA may alter the effective date of this regulation.
    Under the CRA, 5 U.S.C. 801(a), before a rule can take effect the 
Federal agency promulgating the rule must submit a report to each House 
of the Congress and to the Comptroller General. This report must 
contain a copy of the rule, a concise general statement relating to the 
rule (including whether it is a major rule), a copy of the cost-benefit 
analysis of the rule (if any), the agency's actions relevant to 
provisions of the Regulatory Flexibility Act (affecting small 
businesses) and the Unfunded Mandates Reform Act of 1995 (describing 
unfunded Federal requirements imposed on State and local governments 
and the private sector), and any other relevant information or 
requirements and any relevant Executive Orders.
    EPA has submitted a report under the CRA for this rule. The rule 
will take effect, as provided by law, within 30 days of publication of 
this document, since it is not a major rule. Section 804(2) defines a 
major rule as any rule that the Administrator of the Office of 
Information and Regulatory Affairs (OIRA) of the Office of Management 
and

[[Page 56406]]

Budget (OMB) finds has resulted in or is likely to result in: An annual 
effect on the economy of $100,000,000 or more; a major increase in 
costs or prices for consumers, individual industries, Federal, State, 
or local government agencies, or geographic regions; or significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets. 
NPL listing is not a major rule because, as explained above, the 
listing, itself, imposes no monetary costs on any person. It 
establishes no enforceable duties, does not establish that EPA 
necessarily will undertake remedial action, nor does it require any 
action by any party or determine its liability for site response costs. 
Costs that arise out of site responses result from site-by-site 
decisions about what actions to take, not directly from the act of 
listing itself. Section 801(a)(3) provides for a delay in the effective 
date of major rules after this report is submitted.
3. What Could Cause a Change in the Effective Date of This Rule?
    Under 5 U.S.C. 801(b)(1) a rule shall not take effect, or continue 
in effect, if Congress enacts (and the President signs) a joint 
resolution of disapproval, described under section 802.
    Another statutory provision that may affect this rule is CERCLA 
section 305, which provides for a legislative veto of regulations 
promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S. 
Ct. 2764 (1983) and Bd. of Regents of the University of Washington v. 
EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996) cast the validity of the 
legislative veto into question, EPA has transmitted a copy of this 
regulation to the Secretary of the Senate and the Clerk of the House of 
Representatives.
    If action by Congress under either the CRA or CERCLA section 305 
calls the effective date of this regulation into question, EPA will 
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    Dated: September 20, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.

0
40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

0
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. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.


0
2. Table 1 of Appendix B to part 300 is amended by adding the following 
sites in alphabetical order to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1.--General Superfund Section
----------------------------------------------------------------------------------------------------------------
       State                           Site name                           City/county           Notes \(a)\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
IL................  ASARCO Taylor Springs..........................  Taylor Springs........

                                                  * * * * * * *
NJ................  Ringwood Mines/Landfill........................  Ringwood..............

                                                  * * * * * * *
NJ................  Matteo & Sons, Inc.............................  Thorofare.............

                                                  * * * * * * *
PR................  Pesticide Warehouse I..........................  Arecibo...............

                                                  * * * * * * *
PR................  Maunabo Area Ground Water Contamination........  Maunabo...............

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\(a)\ A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score
  need not be  28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be  28.50)
P = Sites with partial deletion(s).


[[Page 56407]]

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 [FR Doc. E6-15858 Filed 9-26-06; 8:45 am]

BILLING CODE 6560-50-P
