
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Proposed Rules]
[Pages 15972-15978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2015-0136, 0137, 0138, 0139, 0140 and 0141; FRL 9924-31-
OSWER]


National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and 
Liability Act (``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 intended primarily to guide 
the Environmental Protection Agency (``EPA'' or ``the agency'') in 
determining which sites warrant further investigation. These further 
investigations will allow the 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 proposes to add six sites to the General 
Superfund section of the NPL.

DATES: Comments regarding any of these proposed listings must be 
submitted (postmarked) on or before May 26, 2015.

ADDRESSES: Identify the appropriate docket number from the table below.

[[Page 15973]]



                                      Docket Identification Numbers by Site
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              Site name                   City/county, state                      Docket ID No.
----------------------------------------------------------------------------------------------------------------
Estech General Chemical Company......  Calumet City, IL.......  EPA-HQ-SFUND-2015-0136.
Colonial Creosote....................  Bogalusa, LA...........  EPA-HQ-SFUND-2015-0137.
BJAT LLC.............................  Franklin, MA...........  EPA-HQ-SFUND-2015-0138.
Anaconda Aluminum Co Columbia Falls    Columbia Falls, MT.....  EPA-HQ-SFUND-2015-0139.
 Reduction Plant.
Main Street Ground Water Plume.......  Burnet, TX.............  EPA-HQ-SFUND-2015-0140.
Grain Handling Facility at Freeman...  Freeman, WA............  EPA-HQ-SFUND-2015-0141.
----------------------------------------------------------------------------------------------------------------

    Submit your comments, identified by the appropriate docket number, 
by one of the following methods:
     http://www.regulations.gov Follow the online instructions 
for submitting comments.
     Email: http://superfund.docket@epa.gov.
     Mail: Mail comments (no facsimiles or tapes) to Docket 
Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA 
Docket Office; (Mailcode 5305T); 1200 Pennsylvania Avenue NW., 
Washington, DC 20460.
     Hand Delivery or Express Mail: Send comments (no 
facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. 
Environmental Protection Agency; CERCLA Docket Office; 1301 
Constitution Avenue NW., William Jefferson Clinton Building West, Room 
3334, Washington, DC 20004. Such deliveries are accepted only during 
the docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding federal holidays).
    Instructions: Direct your comments to the appropriate docket number 
(see table above). The EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at http://www.regulations.gov including any personal 
information provided, unless the comment includes information claimed 
to be confidential business information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system; that means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. For additional docket addresses and 
further details on their contents, see section II, ``Public Review/
Public Comment,'' of the Supplementary Information portion of this 
preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, 
email: jeng.terry@epa.gov Site Assessment and Remedy Decisions Branch, 
Assessment and Remediation Division, Office of Superfund Remediation 
and Technology Innovation (Mailcode 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 the EPA delete portions of sites from the NPL as they are 
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL listing?
II. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. How do I access the documents?
    C. What documents are available for public review at the 
Headquarters docket?
    D. What documents are available for public review at the 
regional dockets?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is 
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed 
to the NPL?
III. Contents of This Proposed Rule
    A. Proposed Additions to the NPL
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

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, the EPA promulgated the revised National Oil 
and Hazardous Substances Pollution

[[Page 15974]]

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. The 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. 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 the 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 the 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 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 the EPA is responsible for preparing a Hazard Ranking 
System (``HRS'') score and determining whether the facility is placed 
on the NPL.

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 HRS, 
which the 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, pollutants or contaminants to 
pose a threat to human health or the environment. On December 14, 1990 
(55 FR 51532), the 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) 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.
     The EPA determines that the release poses a significant 
threat to public health.
     The 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.
    The 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'' 
(40 CFR 300.5). However, under 40 CFR 300.425(b)(2) placing a site on 
the NPL ``does not imply that monies will be expended.'' The 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 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

[[Page 15975]]

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.
    The EPA regulations provide that the remedial investigation 
(``RI'') ``is a process undertaken * * * to determine the nature and 
extent of the problem presented by the release'' as more information is 
developed on site contamination, and which is generally performed in an 
interactive fashion with the feasibility Study (``FS'') (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?

    The EPA may delete sites from the NPL where no further response is 
appropriate under Superfund, as explained in the NCP at 40 CFR 
300.425(e). This section also provides that the 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 the EPA delete portions of sites from the NPL as they are 
cleaned up?

    In November 1995, the EPA initiated a 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 made available for productive use.

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

    The 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) the 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 the EPA's Internet site at http://www.epa.gov/superfund/cleanup/ccl.htm

J. What Is the Sitewide Ready for Anticipated Use measure?

    The Sitewide Ready for Anticipated Use measure (formerly called 
Sitewide Ready-for-Reuse) represents important Superfund 
accomplishments and the measure reflects the high priority the EPA 
places on considering anticipated future land use as part of the remedy 
selection process. See Guidance for Implementing the Sitewide Ready-
for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This measure applies 
to final and deleted sites where construction is complete, all cleanup 
goals have been achieved, and all institutional or other controls are 
in place. The EPA has been successful on many occasions in carrying out 
remedial actions that ensure protectiveness of human health and the 
environment for current and future land uses, in a manner that allows 
contaminated properties to be restored to environmental and economic 
vitality. For further information, please go to http://www.epa.gov/superfund/programs/recycle/pdf/sitewide_a.pdf

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in 
the NPL listing decision process, the EPA's policy is to determine the 
position of the states and tribes regarding sites that the EPA is 
considering for listing. This consultation process is outlined in two 
memoranda that can be found at the following Web site: http://www.epa.gov/superfund/sites/npl/hrsres/policy/govlet.pdf The EPA is 
improving the transparency of the process by which state and tribal 
input is solicited. The EPA is using the Web and where appropriate more 
structured state and tribal correspondence that (1) explains the 
concerns at the site and the EPA's rationale for proceeding; (2) 
requests an explanation of how the state intends to address the site if 
placement on the NPL is not favored; and (3) emphasizes the transparent 
nature of the process by informing states that information on their 
responses will be publicly available.
    A model letter and correspondence from this point forward between 
the EPA and states and tribes where applicable, is available on the 
EPA's Web site at http://www.epa.gov/superfund/sites/query/queryhtm/nplstcor.htm

II. Public Review/Public Comment

A. May I review the documents relevant to this proposed rule?

    Yes, documents that form the basis for the EPA's evaluation and 
scoring of the sites in this proposed rule are contained in public 
dockets located both at the EPA Headquarters in Washington, DC, and in 
the regional offices. These documents are also available by electronic 
access at http://www.regulations.gov (see instructions in the Addresses 
section above).

B. How do I access the documents?

    You may view the documents, by appointment only, in the 
Headquarters or the regional dockets after the publication of this 
proposed rule. The hours of operation for the Headquarters

[[Page 15976]]

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.
    The following is the contact information for the EPA Headquarters 
Docket: Docket Coordinator, Headquarters, U.S. Environmental Protection 
Agency, CERCLA Docket Office, 1301 Constitution Avenue NW., William 
Jefferson Clinton Building West, Room 3334, Washington, DC 20004; 202/
566-0276. (Please note this is a visiting address only. Mail comments 
to the EPA Headquarters as detailed at the beginning of this preamble.)
    The contact information for the regional dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, 
Superfund Records and Information Center, 5 Post Office Square, Suite 
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), 
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 
19103; 215/814-3355.
     Jennifer Wendel, Region 4 (AL, FL, GA, KY, MS, NC, SC, 
TN), U.S. EPA, 61 Forsyth Street SW., Mailcode 9T25, Atlanta, GA 30303; 
404/562-8799.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA 
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe 
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 
Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/
665-7436.
     Preston Law, Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 
Renner Blvd., Mailcode SUPRERNB, Lenexa, KS 66219; 913/551-7097.
     Sabrina Forrest, Region 8 (CO, MT, ND, SD, UT, WY), U.S. 
EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129; 303/
312-6484.
     Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. 
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105; 
415/947-4250.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th 
Avenue, Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.
    You may also request copies from the EPA Headquarters or the 
regional dockets. An informal request, rather than a formal written 
request under the Freedom of Information Act, should be the ordinary 
procedure for obtaining copies of any of these documents. Please note 
that due to the difficulty of reproducing oversized maps, oversized 
maps may be viewed only in-person; since the EPA dockets are not 
equipped to either copy and mail out such maps or scan them and send 
them out electronically.
    You may use the docket at http://www.regulations.gov to access 
documents in the Headquarters docket (see instructions included in the 
ADDRESSES section above). Please note that there are differences 
between the Headquarters docket and the regional dockets and those 
differences are outlined below.

C. What documents are available for public review at the Headquarters 
docket?

    The Headquarters docket for this proposed rule contains the 
following for the sites proposed in this rule: HRS score sheets; 
documentation records describing the information used to compute the 
score; information for any sites affected by particular statutory 
requirements or the EPA listing policies; and a list of documents 
referenced in the documentation record.

D. What documents are available for public review at the regional 
dockets?

    The regional dockets for this proposed rule contain all of the 
information in the Headquarters docket plus the actual reference 
documents containing the data principally relied upon and cited by the 
EPA in calculating or evaluating the HRS score for the sites. These 
reference documents are available only in the regional dockets.

E. How do I submit my comments?

    Comments must be submitted to the EPA Headquarters as detailed at 
the beginning of this preamble in the ADDRESSES section. Please note 
that the mailing addresses differ according to method of delivery. 
There are two different addresses that depend on whether comments are 
sent by express mail or by postal mail.

F. What happens to my comments?

    The EPA considers all comments received during the comment period. 
Significant comments are typically addressed in a support document that 
the EPA will publish concurrently with the Federal Register document 
if, and when, the site is listed on the NPL.

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials 
prepared for purposes other than HRS scoring, should point out the 
specific information that the EPA should consider and how it affects 
individual HRS factor values or other listing criteria (Northside 
Sanitary Landfill v. Thomas, 849 F.2d 1516 (D.C. Cir. 1988)). The EPA 
will not address voluminous comments that are not referenced to the HRS 
or other listing criteria. The EPA will not address comments unless 
they indicate which component of the HRS documentation record or what 
particular point in the EPA's stated eligibility criteria is at issue.

H. May I submit comments after the public comment period is over?

    Generally, the EPA will not respond to late comments. The EPA can 
guarantee only that it will consider those comments postmarked by the 
close of the formal comment period. The EPA has a policy of generally 
not delaying a final listing decision solely to accommodate 
consideration of late comments.

I. May I view public comments submitted by others?

    During the comment period, comments are placed in the Headquarters 
docket and are available to the public on an ``as received'' basis. A 
complete set of comments will be available for viewing in the regional 
dockets approximately one week after the formal comment period closes.
    All public comments, whether submitted electronically or in paper 
form, will be made available for public viewing in the electronic 
public docket at http://www.regulations.gov as the EPA receives them 
and without change, unless the comment contains copyrighted material, 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Once in the public dockets system, 
select ``search,'' then key in the appropriate docket ID number.

J. May I submit comments regarding sites not currently proposed to the 
NPL?

    In certain instances, interested parties have written to the EPA 
concerning sites that were not at that time proposed to the NPL. If 
those sites are later proposed to the NPL, parties should review their 
earlier concerns and, if still appropriate, resubmit those concerns for 
consideration during the formal comment period. Site-specific 
correspondence received prior to the period of formal proposal and 
comment will not generally be included in the docket.

[[Page 15977]]

III. Contents of This Proposed Rule

A. Proposed Additions to the NPL

    In this proposed rule, the EPA is proposing to add six sites to the 
NPL, all to the General Superfund section. All of the sites in this 
proposed rulemaking are being proposed based on HRS scores of 28.50 or 
above.
    The sites are presented in the table below.

                        General Superfund Section
------------------------------------------------------------------------
       State                Site name                 City/county
------------------------------------------------------------------------
IL.................  Estech General Chemical  Calumet City.
                      Company.
LA.................  Colonial Creosote......  Bogalusa.
MA.................  BJAT LLC...............  Franklin.
MT.................  Anaconda Aluminum Co     Columbia Falls.
                      Columbia Falls
                      Reduction Plant.
TX.................  Main Street Ground       Burnet.
                      Water Plume.
WA.................  Grain Handling Facility  Freeman.
                      at Freeman.
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive 
orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule does not contain any information collection 
requirements that require approval of the OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. 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 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.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector. Listing a 
site on the NPL does not itself impose any costs. Listing does not mean 
that the EPA necessarily will undertake remedial action. Nor does 
listing require any action by a private party, state, local or tribal 
governments or determine liability for response costs. Costs that arise 
out of site responses result from future site-specific decisions 
regarding what actions to take, not directly from the act of placing a 
site on the NPL.

E. Executive Order 13132: Federalism

    This 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. Listing a site on the NPL does not impose any 
costs on a tribe or require a tribe to take remedial action. Thus, 
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because this action itself is procedural in 
nature (adds sites to a list) and does not, in and of itself, provide 
protection from environmental health and safety risks. Separate future 
regulatory actions are required for mitigation of environmental health 
and safety risks.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment. As discussed in 
Section I.C. of the preamble to this action, the NPL is a list of 
national priorities. The NPL is intended primarily to guide the 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 of only limited significance as it does not assign liability to 
any party. Also, placing a site on the NPL does not mean that any 
remedial or removal action necessarily need be taken.

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,

[[Page 15978]]

Reporting and recordkeeping requirements, Superfund, Water pollution 
control, Water supply.

    Authority:  42 U.S.C. 9601-9657; 33 U.S.C. 1321(d); E.O. 11735, 
38 FR 21243; E.O. 12580, 52 FR 2923; E.O. 12777, 56 FR 54757.

    Dated: March 16, 2015.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2015-06728 Filed 3-25-15; 8:45 am]
 BILLING CODE 6560-50-P


