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recordkeeping requirements, Volatile ENVIRONMENTAL PROTECTION reference, Intergovernmental relations, organic compounds. AGENCY Nitrogen dioxides, Ozone, Particulate Authority: 42 U.S.C. 7401 et seq. matter, Reporting and recordkeeping 40 CFR Part 52 requirements, Volatile organic Dated: March 4, 2015. compounds. Jared Blumenfeld, [EPA–R06–OAR–2008–0636; FRL–9925–11– Region 6] Dated: March 13, 2015. Regional Administrator, Region IX. Ron Curry, Part 52, Chapter I, Title 40 of the Code Approval and Promulgation of Air Regional Administrator, Region 6. Quality Implementation Plans; New of Federal Regulations is amended as Accordingly, the amendments to 40 Mexico; Albuquerque/Bernalillo follows: CFR 52.1620 published in the Federal County; Revisions to Emission Register on February 2, 2015 (80 FR PART 52—APPROVAL AND Inventory Requirements, and General 5471), which were to become effective PROMULGATION OF Provisions IMPLEMENTATION PLANS on April 3, 2015, are withdrawn. AGENCY: Environmental Protection [FR Doc. 2015–06701 Filed 3–25–15; 8:45 am] ■ 1. The authority citation for Part 52 Agency (EPA). BILLING CODE 6560–50–P continues to read as follows: ACTION: Withdrawal of direct final rule. Authority: 42 U.S.C. 7401 et seq. SUMMARY: On February 2, 2015, the ENVIRONMENTAL PROTECTION Subpart F—California Environmental Protection Agency (EPA) AGENCY published a direct final rule approving ■ 2. Section 52.220 is amended by revisions to the Albuquerque/Bernalillo 40 CFR Part 300 adding paragraphs (c)(282)(i)(C)(2) and County, New Mexico State Implementation Plan. These revisions [EPA–HQ–SFUND–2014–0624, 0625; FRL (3) and (c)(284)(i)(A)(5) and 9924–32–OSWER] (c)(308)(i)(E) and (c)(453) to read as add definitions and clarifying changes follows: to the general provisions and add a new National Priorities List emissions inventory regulation that § 52.220 Identification of plan. establishes reporting requirements for AGENCY: Environmental Protection * * * * * stationary sources in Albuquerque/ Agency (EPA). (c) * * * Bernalillo County. The direct final rule ACTION: Final rule. (282) * * * was published without prior proposal (i) * * * because EPA anticipated no adverse SUMMARY: The Comprehensive (C) * * * comments. EPA stated in the direct final Environmental Response, (2) Rule 204, ‘‘Cancellation of rule that if we received relevant, adverse Compensation, and Liability Act of 1980 Applications,’’ revised on March 21, comments by March 4, 2015, EPA (‘‘CERCLA’’ or ‘‘the Act’’), as amended, 2001. would publish a timely withdrawal in requires that the National Oil and (3) Rule 206, ‘‘Standards for Issuing the Federal Register. EPA received a Hazardous Substances Pollution Authorities to Construct and Permits to comment on February 20, 2015 from the Contingency Plan (‘‘NCP’’) include a list Operate,’’ revised on March 21, 2001. Sierra Club stating in relevant part, that of national priorities among the known releases or threatened releases of * * * * * an Acting Regional Administrator hazardous substances, pollutants or (284) * * * cannot sign approvals, disapprovals, or contaminants throughout the United (i) * * * any combination of approvals or disapproval, in whole or in part, due to States. The National Priorities List (A) * * * the fact that the authority to act on (‘‘NPL’’) constitutes this list. The NPL is (5) Rule 200, ‘‘Permits Required,’’ agency actions on state implementation intended primarily to guide the revised on December 13, 2000. plans is delegated only to, and therefore Environmental Protection Agency (‘‘the * * * * * can only be signed by, the Regional EPA’’ or ‘‘the agency’’) in determining (308) * * * Administrator. EPA considers this a which sites warrant further (i) * * * relevant, adverse comment and investigation. These further (E) Monterey Bay Unified Air accordingly we are withdrawing our investigations will allow the EPA to Pollution Control District. direct final rule approval, and in a assess the nature and extent of public (1) Rule 203, ‘‘Application,’’ revised separate subsequent final rulemaking health and environmental risks October 16, 2002. we will address the comment received. associated with the site and to (2) Rule 212, ‘‘Public Availability of The withdrawal is being taken pursuant determine what CERCLA-financed Emission Data,’’ revised on October 16, to section 110 of the Clean Air Act remedial action(s), if any, may be 2002. (CAA). appropriate. This rule adds two sites to the General Superfund section of the * * * * * DATES: The direct final rule published NPL. (453) New and amended regulations on February 2, 2015 (80 FR 5471), is for the following APCDs were submitted withdrawn effective March 26, 2015. DATES: The document is effective on on May 12, 2011. FOR FURTHER INFORMATION CONTACT: Mr. April 27, 2015. (i) Incorporation by reference. John Walser (6PD–L), Air Planning ADDRESSES: Contact information for the (A) Monterey Bay Unified Air Section, telephone (214) 665–7128, fax EPA Headquarters and EPA Region 5 Pollution Control District. (214) 665–6762, email: walser.john@ dockets: (1) Rule 207, ‘‘Review of New or epa.gov. • Docket Coordinator, Headquarters; Modified Sources,’’ revised on April 20, U.S. Environmental Protection Agency; 2011. List of Subjects in 40 CFR Part 52 CERCLA Docket Office; 1301 [FR Doc. 2015–06705 Filed 3–25–15; 8:45 am] Environmental protection, Air Constitution Avenue NW.; William BILLING CODE 6560–50–P pollution control, Incorporation by Jefferson Clinton Building West, Room

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3334, Washington, DC 20004, 202/566– H. Executive Order 13211: Actions That C. What is the National Priorities List 0276. Significantly Affect Energy Supply, (NPL)? • Distribution, or Use Todd Quesada, Region 5 (IL, IN, MI, The NPL is a list of national priorities I. National Technology Transfer and MN, OH, WI), U.S. EPA Superfund among the known or threatened releases Advancement Act (NTTAA) Division Librarian/SFD Records of hazardous substances, pollutants or J. Executive Order 12898: Federal Actions Manager SRC–7J, Metcalfe Federal contaminants throughout the United Building, 77 West Jackson Boulevard, To Address Environmental Justice in Minority Populations and Low-Income States. The list, which is appendix B of Chicago, IL 60604; 312/886–4465. the NCP (40 CFR part 300), was required FOR FURTHER INFORMATION CONTACT: Populations K. Congressional Review Act under section 105(a)(8)(B) of CERCLA, Terry Jeng, phone: (703) 603–8852, as amended. Section 105(a)(8)(B) email: [email protected] Site I. Background defines the NPL as a list of ‘‘releases’’ Assessment and Remedy Decisions and the highest priority ‘‘facilities’’ and A. What are CERCLA and SARA? Branch, Assessment and Remediation requires that the NPL be revised at least Division, Office of Superfund In 1980, Congress enacted the annually. The NPL is intended Remediation and Technology primarily to guide the EPA in Innovation (Mailcode 5204P), U.S. Comprehensive Environmental Response, Compensation, and Liability determining which sites warrant further Environmental Protection Agency; 1200 investigation to assess the nature and Pennsylvania Avenue NW., Washington, Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or ‘‘the Act’’), in response to the dangers of extent of public health and DC 20460; or the Superfund Hotline, environmental risks associated with a phone (800) 424–9346 or (703) 412– uncontrolled releases or threatened releases of hazardous substances, and release of hazardous substances, 9810 in the Washington, DC, pollutants or contaminants. The NPL is metropolitan area. releases or substantial threats of releases into the environment of any pollutant or of only limited significance, however, as SUPPLEMENTARY INFORMATION: it does not assign liability to any party contaminant that may present an or to the owner of any specific property. Table of Contents imminent or substantial danger to the Also, placing a site on the NPL does not public health or welfare. CERCLA was I. Background mean that any remedial or removal amended on October 17, 1986, by the A. What are CERCLA and SARA? action necessarily need be taken. B. What is the NCP? Superfund Amendments and C. What is the National Priorities List For purposes of listing, the NPL Reauthorization Act (‘‘SARA’’), Public includes two sections, one of sites that (NPL)? Law 99–499, 100 Stat. 1613 et seq. D. How are sites listed on the NPL? are generally evaluated and cleaned up E. What happens to sites on the NPL? B. What is the NCP? by the EPA (the ‘‘General Superfund F. Does the NPL define the boundaries of section’’) and one of sites that are sites? To implement CERCLA, the EPA owned or operated by other federal G. How are sites removed from the NPL? promulgated the revised National Oil agencies (the ‘‘Federal Facilities H. May the EPA delete portions of sites and Hazardous Substances Pollution section’’). With respect to sites in the from the NPL as they are cleaned up? Contingency Plan (‘‘NCP’’), 40 CFR part I. What is the construction completion list Federal Facilities section, these sites are (CCL)? 300, on July 16, 1982 (47 FR 31180), generally being addressed by other J. What is the Sitewide Ready for pursuant to CERCLA section 105 and federal agencies. Under Executive Order Anticipated Use Measure? Executive Order 12316 (46 FR 42237, 12580 (52 FR 2923, January 29, 1987) K. What is state/tribal correspondence August 20, 1981). The NCP sets and CERCLA section 120, each federal concerning NPL listing? guidelines and procedures for agency is responsible for carrying out II. Availability of Information to the Public responding to releases and threatened most response actions at facilities under A. May I review the documents relevant to releases of hazardous substances, or its own jurisdiction, custody or control, this final rule? although the EPA is responsible for B. What documents are available for review releases or substantial threats of releases at the EPA Headquarters docket? into the environment of any pollutant or preparing a Hazard Ranking System C. What documents are available for review contaminant that may present an (‘‘HRS’’) score and determining whether at the EPA Region 5 docket? imminent or substantial danger to the the facility is placed on the NPL. D. How do I access the documents? public health or welfare. The EPA has D. How are sites listed on the NPL? E. How may I obtain a current list of NPL revised the NCP on several occasions. sites? The most recent comprehensive revision There are three mechanisms for III. Contents of This Final Rule was on March 8, 1990 (55 FR 8666). placing sites on the NPL for possible A. Additions to the NPL remedial action (see 40 CFR 300.425(c) B. What did the EPA do with the public As required under section of the NCP): (1) A site may be included comments it received? 105(a)(8)(A) of CERCLA, the NCP also on the NPL if it scores sufficiently high IV. Statutory and Executive Order Reviews includes ‘‘criteria for determining on the HRS, which the EPA A. Executive Order 12866: Regulatory priorities among releases or threatened Planning and Review and Executive promulgated as appendix A of the NCP Order 13563: Improving Regulation and releases throughout the United States (40 CFR part 300). The HRS serves as a Regulatory Review for the purpose of taking remedial screening tool to evaluate the relative B. Paperwork Reduction Act (PRA) action and, to the extent practicable, potential of uncontrolled hazardous C. Regulatory Flexibility Act (RFA) taking into account the potential substances, pollutants or contaminants D. Unfunded Mandates Reform Act urgency of such action, for the purpose to pose a threat to human health or the (UMRA) of taking removal action.’’ ‘‘Removal’’ environment. On December 14, 1990 (55 E. Executive Order 13132: Federalism actions are defined broadly and include FR 51532), the EPA promulgated F. Executive Order 13175: Consultation a wide range of actions taken to study, and Coordination With Indian Tribal revisions to the HRS partly in response Governments clean up, prevent or otherwise address to CERCLA section 105(c), added by G. Executive Order 13045: Protection of releases and threatened releases of SARA. The revised HRS evaluates four Children From Environmental Health hazardous substances, pollutants or pathways: Ground water, surface water, and Safety Risks contaminants (42 U.S.C. 9601(23)). soil exposure and air. As a matter of

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agency policy, those sites that score to be located’’ (CERCLA section 101(9)), the migration of the contamination. 28.50 or greater on the HRS are eligible the listing process itself is not intended However, the HRS inquiry focuses on an for the NPL. (2) Each state may to define or reflect the boundaries of evaluation of the threat posed and designate a single site as its top priority such facilities or releases. Of course, therefore the boundaries of the release to be listed on the NPL, without any HRS data (if the HRS is used to list a need not be exactly defined. Moreover, HRS score. This provision of CERCLA site) upon which the NPL placement it generally is impossible to discover the requires that, to the extent practicable, was based will, to some extent, describe full extent of where the contamination the NPL include one facility designated the release(s) at issue. That is, the NPL ‘‘has come to be located’’ before all by each state as the greatest danger to site would include all releases evaluated necessary studies and remedial work are public health, welfare or the as part of that HRS analysis. completed at a site. Indeed, the known environment among known facilities in When a site is listed, the approach boundaries of the contamination can be the state. This mechanism for listing is generally used to describe the relevant expected to change over time. Thus, in set out in the NCP at 40 CFR release(s) is to delineate a geographical most cases, it may be impossible to 300.425(c)(2). (3) The third mechanism area (usually the area within an describe the boundaries of a release for listing, included in the NCP at 40 installation or plant boundaries) and with absolute certainty. CFR 300.425(c)(3), allows certain sites identify the site by reference to that Further, as noted above, NPL listing to be listed without any HRS score, if all area. However, the NPL site is not does not assign liability to any party or of the following conditions are met: necessarily coextensive with the to the owner of any specific property. (1) The Agency for Toxic Substances boundaries of the installation or plant, Thus, if a party does not believe it is and Disease Registry (ATSDR) of the and the boundaries of the installation or liable for releases on discrete parcels of U.S. Public Health Service has issued a plant are not necessarily the property, it can submit supporting health advisory that recommends ‘‘boundaries’’ of the site. Rather, the site information to the agency at any time dissociation of individuals from the consists of all contaminated areas after it receives notice it is a potentially release. within the area used to identify the site, responsible party. (2) The EPA determines that the as well as any other location where that For these reasons, the NPL need not release poses a significant threat to contamination has come to be located, be amended as further research reveals public health. or from where that contamination came. more information about the location of (3) The EPA anticipates that it will be In other words, while geographic the contamination or release. more cost-effective to use its remedial terms are often used to designate the site authority than to use its removal (e.g., the ‘‘Jones Co. Plant site’’) in terms G. How are sites removed from the NPL? authority to respond to the release. of the property owned by a particular The EPA may delete sites from the The EPA promulgated an original NPL party, the site, properly understood, is NPL where no further response is of 406 sites on September 8, 1983 (48 FR not limited to that property (e.g., it may appropriate under Superfund, as 40658) and generally has updated it at extend beyond the property due to explained in the NCP at 40 CFR least annually. contaminant migration), and conversely 300.425(e). This section also provides may not occupy the full extent of the that the EPA shall consult with states on E. What happens to sites on the NPL? property (e.g., where there are proposed deletions and shall consider A site may undergo remedial action uncontaminated parts of the identified whether any of the following criteria financed by the Trust Fund established property, they may not be, strictly have been met: under CERCLA (commonly referred to speaking, part of the ‘‘site’’). The ‘‘site’’ (i) Responsible parties or other as the ‘‘Superfund’’) only after it is is thus neither equal to, nor confined by, persons have implemented all placed on the NPL, as provided in the the boundaries of any specific property appropriate response actions required; NCP at 40 CFR 300.425(b)(1). that may give the site its name, and the (ii) All appropriate Superfund- (‘‘Remedial actions’’ are those name itself should not be read to imply financed response has been ‘‘consistent with a permanent remedy, that this site is coextensive with the implemented and no further response taken instead of or in addition to entire area within the property action is required; or removal actions’’ (40 CFR 300.5). boundary of the installation or plant. In (iii) The remedial investigation has However, under 40 CFR 300.425(b)(2), addition, the site name is merely used shown the release poses no significant placing a site on the NPL ‘‘does not to help identify the geographic location threat to public health or the imply that monies will be expended.’’ of the contamination, and is not meant environment, and taking of remedial The EPA may pursue other appropriate to constitute any determination of measures is not appropriate. authorities to respond to the releases, liability at a site. For example, the name H. May the EPA delete portions of sites including enforcement action under ‘‘Jones Co. plant site,’’ does not imply from the NPL as they are cleaned up? CERCLA and other laws. that the Jones Company is responsible for the contamination located on the In November 1995, the EPA initiated F. Does the NPL define the boundaries plant site. a policy to delete portions of NPL sites of sites? EPA regulations provide that the where cleanup is complete (60 FR The NPL does not describe releases in remedial investigation (‘‘RI’’) ‘‘is a 55465, November 1, 1995). Total site precise geographical terms; it would be process undertaken * * * to determine cleanup may take many years, while neither feasible nor consistent with the the nature and extent of the problem portions of the site may have been limited purpose of the NPL (to identify presented by the release’’ as more cleaned up and made available for releases that are priorities for further information is developed on site productive use. evaluation), for it to do so. Indeed, the contamination, and which is generally precise nature and extent of the site are performed in an interactive fashion with I. What is the construction completion typically not known at the time of the feasibility study (‘‘FS’’) (40 CFR list (CCL)? listing. 300.5). During the RI/FS process, the The EPA also has developed an NPL Although a CERCLA ‘‘facility’’ is release may be found to be larger or construction completion list (‘‘CCL’’) to broadly defined to include any area smaller than was originally thought, as simplify its system of categorizing sites where a hazardous substance has ‘‘come more is learned about the source(s) and and to better communicate the

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successful completion of cleanup controls are in place. The EPA has been explanation of how the state intends to activities (58 FR 12142, March 2, 1993). successful on many occasions in address the site if placement on the NPL Inclusion of a site on the CCL has no carrying out remedial actions that is not favored; and (3) emphasizes the legal significance. ensure protectiveness of human health transparent nature of the process by Sites qualify for the CCL when: (1) and the environment for current and informing states that information on Any necessary physical construction is future land uses, in a manner that their responses will be publicly complete, whether or not final cleanup allows contaminated properties to be available. levels or other requirements have been restored to environmental and economic A model letter and correspondence achieved; (2) the EPA has determined vitality. For further information, please between the EPA and states and tribes that the response action should be go to http://www.epa.gov/superfund/pro where applicable, is available on the limited to measures that do not involve grams/recycle/pdf/sitewide_a.pdf. EPA’s Web site at http://www.epa.gov/ construction (e.g., institutional superfund/sites/query/queryhtm/ controls); or (3) the site qualifies for K. What is state/tribal correspondence nplstcor.htm. deletion from the NPL. For the most up- concerning NPL listing? to-date information on the CCL, see the II. Availability of Information to the EPA’s Internet site at http:// In order to maintain close Public coordination with states and tribes in www.epa.gov/superfund/cleanup/ A. May I review the documents relevant ccl.htm. the NPL listing decision process, the EPA’s policy is to determine the to this final rule? J. What is the Sitewide Ready for position of the states and tribes Yes, documents relating to the Anticipated Use Measure? regarding sites that the EPA is evaluation and scoring of the sites in The Sitewide Ready for Anticipated considering for listing. This this final rule are contained in dockets Use measure represents important consultation process is outlined in two located both at the EPA Headquarters Superfund accomplishments and the memoranda that can be found at the and in the EPA Region 5 office. measure reflects the high priority the following Web site: http://www.epa.gov/ An electronic version of the public EPA places on considering anticipated superfund/sites/npl/hrsres/policy/ docket is available through http:// future land use as part of the remedy govlet.pdf The EPA has improved the www.regulations.gov (see table below selection process. See Guidance for transparency of the process by which for docket identification numbers). Implementing the Sitewide Ready-for- state and tribal input is solicited. The Although not all docket materials may Reuse Measure, May 24, 2006, OSWER EPA is using the Web and where be available electronically, you may still 9365.0–36. This measure applies to final appropriate more structured state and access any of the publicly available and deleted sites where construction is tribal correspondence that (1) explains docket materials through the docket complete, all cleanup goals have been the concerns at the site and the EPA’s facilities identified below in section II achieved, and all institutional or other rationale for proceeding; (2) requests an D.

DOCKET IDENTIFICATION NUMBERS BY SITE

Site name City/County, State Docket ID No.

Kokomo Contaminated Ground Water Plume ...... Kokomo, IN ...... EPA–HQ–SFUND–2014– 0624 DSC McLouth Steel Gibraltar Plant ...... Gibraltar, MI ...... EPA–HQ–SFUND–2014– 0625

B. What documents are available for calculating or evaluating the HRS score. E. How may I obtain a current list of review at the EPA Headquarters docket? These reference documents are available NPL sites? only in the Region 5 docket. The Headquarters docket for this rule You may obtain a current list of NPL contains the HRS score sheets, the D. How do I access the documents? sites via the Internet at http://www.epa. documentation record describing the gov/superfund/sites/npl/index.htm or information used to compute the score You may view the documents, by by contacting the Superfund docket (see and a list of documents referenced in appointment only, after the publication contact information in the beginning the documentation record for each site. of this rule. The hours of operation for portion of this document). the Headquarters docket are from 8:30 III. Contents of This Final Rule C. What documents are available for a.m. to 4:30 p.m., Monday through review at the EPA Region 5 docket? Friday, excluding federal holidays. A. Additions to the NPL The EPA Region 5 docket contains all Please contact the Region 5 docket for This final rule adds the following the information in the Headquarters hours. For addresses for the sites to the General Superfund section of docket, plus the actual reference Headquarters and Region 5 dockets, see the NPL. These sites are being added to documents containing the data ‘‘Addresses’’ section in the beginning the NPL based on HRS score. principally relied upon by the EPA in portion of this preamble. General Superfund section:

State Site name City/County

IN ...... Kokomo Contaminated Ground Kokomo. Water Plume. MI ...... DSC McLouth Steel Gibraltar Plant .. Gibraltar.

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B. What did the EPA do with the public IV. Statutory and Executive Order on the relationship between the national comments it received? Reviews government and the states, or on the Additional information about these distribution of power and The EPA is adding two sites to the statutes and Executive Orders can be responsibilities among the various NPL in this final rule, both of which found at http://www2.epa.gov/laws- levels of government. were proposed for NPL addition on regulations/laws-and-executive orders. September 22, 2014 (79 FR 56538). The F. Executive Order 13175: Consultation sites are the Kokomo Contaminated A. Executive Order 12866: Regulatory and Coordination With Indian Tribal Ground Water Plume in Kokomo, Planning and Review and Executive Governments Indiana, and the DSC McLouth Steel Order 13563: Improving Regulation and This action does not have tribal Gibraltar Plant in Gibraltar, Michigan. Regulatory Review implications as specified in Executive The EPA received no comments in This action is not a significant Order 13175. Listing a site on the NPL connection with the Kokomo regulatory action and was therefore not does not impose any costs on a tribe or Contaminated Ground Water Plume. It submitted to the Office of Management require a tribe to take remedial action. received one comment in connection and Budget (OMB) for review. Thus, Executive Order 13175 does not apply to this action. with the DSC McLouth Steel Gibraltar B. Paperwork Reduction Act (PRA) Plant. G. Executive Order 13045: Protection of This action does not impose an Children From Environmental Health On October 30, 2014, counsel for information collection burden under the and Safety Risks Detroit Steel Company and Gibraltar PRA. This rule does not contain any Land Company, the respective owners information collection requirements that The EPA interprets Executive Order of the DSC McLouth Steel Gibraltar require approval of the OMB. 13045 as applying only to those Plant and the Countywide Landfill, regulatory actions that concern commented on the proposed listing. C. Regulatory Flexibility Act (RFA) environmental health or safety risks that Counsel described the comments as I certify that this action will not have the EPA has reason to believe may ‘‘not technical in nature’’ and stated that a significant economic impact on a disproportionately affect children, per the comments were ‘‘submitted in order substantial number of small entities the definition of ‘‘covered regulatory to supplement the record. And provide under the RFA. This action will not action’’ in section 2–202 of the needed background.’’ The comments impose any requirements on small Executive Order. This action is not did not challenge the HRS score but did entities. This rule listing sites on the subject to Executive Order 13045 provide a substantial site history, which NPL does not impose any obligations on because this action itself is procedural includes litigation between Gibraltar any group, including small entities. This in nature (adds sites to a list) and does Land Company (GLC) and the State of rule also does not establish standards or not, in and of itself, provide protection Michigan arising out of Michigan’s requirements that any small entity must from environmental health and safety denial of GLC’s application for a meet, and imposes no direct costs on risks. Separate future regulatory actions construction permit to expand the any small entity. Whether an entity, are required for mitigation of Countywide Landfill. The commenter small or otherwise, is liable for response environmental health and safety risks. costs for a release of hazardous closed with the following statements, substances depends on whether that H. Executive Order 13211: Actions That ‘‘The designation of the properties on entity is liable under CERCLA 107(a). Significantly Affect Energy Supply, the National Priorities List would make Any such liability exists regardless of Distribution, or Use the financing of future landfill whether the site is listed on the NPL This action is not subject to Executive operations and/or the sale of the through this rulemaking. Order 13211, because it is not a property to another landfill developer significant regulatory action under difficult. However, recognizing the D. Unfunded Mandates Reform Act Executive Order 12866. continued areas of environmental (UMRA) concern, even if USEPA would elect to This action does not contain any I. National Technology Transfer and designate these sites on the NPL at this unfunded mandate as described in Advancement Act (NTTAA) time, we would believe that USEPA UMRA, 2 U.S.C. 1531–1538, and does This rulemaking does not involve could play a constructive role in not significantly or uniquely affect small technical standards. governments. This action imposes no attempting to mediate a resolution of J. Executive Order 12898: Federal enforceable duty on any state, local or this matter. Such a resolution would Actions To Address Environmental tribal governments or the private sector. provide for the vertical expansion of the Justice in Minority Populations and Listing a site on the NPL does not itself [Countywide Landfill], which would in Low-Income Populations turn provide a source of revenue that impose any costs. Listing does not mean would minimize the use of federal that the EPA necessarily will undertake The EPA believes the human health or monies.’’ remedial action. Nor does listing require environmental risk addressed by this any action by a private party, state, local action will not have potential In response, the EPA notes that the or tribal governments or determine disproportionately high and adverse commenter raised no issue with the liability for response costs. Costs that human health or environmental effects HRS score. EPA is placing the DSC arise out of site responses result from on minority, low-income or indigenous McLouth Steel Gibraltar Plant site on future site-specific decisions regarding populations because it does not affect the NPL. EPA will coordinate with GLC, what actions to take, not directly from the level of protection provided to Michigan, and Wayne County to the act of placing a site on the NPL. human health or the environment. As efficiently address the contamination. discussed in Section I.C. of the EPA, however, has no authority to E. Executive Order 13132: Federalism preamble to this action, the NPL is a list require Michigan to approve a permit This final rule does not have of national priorities. The NPL is for landfill expansion at the Countywide federalism implications. It will not have intended primarily to guide the EPA in Landfill facility. substantial direct effects on the states, determining which sites warrant further

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investigation to assess the nature and CERCLA section 305, which provides Dated: March 16, 2015. extent of public health and for a legislative veto of regulations Mathy Stanislaus, environmental risks associated with a promulgated under CERCLA. Although Assistant Administrator, Office of Solid Waste release of hazardous substances, INS v. Chadha, 462 U.S. 919,103 S. Ct. and Emergency Response. pollutants or contaminants. The NPL is 2764 (1983), and Bd. of Regents of the of only limited significance as it does University of Washington v. EPA, 86 40 CFR part 300 is amended as not assign liability to any party. Also, F.3d 1214,1222 (D.C. Cir. 1996), cast the follows: placing a site on the NPL does not mean validity of the legislative veto into PART 300—NATIONAL OIL AND that any remedial or removal action question, the EPA has transmitted a HAZARDOUS SUBSTANCES necessarily need be taken. copy of this regulation to the Secretary POLLUTION CONTINGENCY PLAN of the Senate and the Clerk of the House K. Congressional Review Act of Representatives. This action is subject to the CRA, and If action by Congress under either the ■ 1. The authority citation for Part 300 the EPA will submit a rule report to CRA or CERCLA section 305 calls the continues to read as follows: each House of the Congress and to the effective date of this regulation into Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. Comptroller General of the United question, the EPA will publish a 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, States. This action is not a ‘‘major rule’’ document of clarification in the Federal 2013 Comp., p.306; E.O. 12777, 56 FR 54757, as defined by 5 U.S.C. 804(2). Register. 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR Provisions of the Congressional 2923, 3 CFR, 1987 Comp., p.193. Review Act (CRA) or section 305 of List of Subjects in 40 CFR Part 300 ■ 2. Table 1 of Appendix B to Part 300 CERCLA may alter the effective date of Environmental protection, Air is amended by adding entries for this regulation. Under 5 U.S.C. pollution control, Chemicals, Hazardous ‘‘Kokomo Contaminated Ground Water 801(b)(1), a rule shall not take effect, or substances, Hazardous waste, Plume’’ and ‘‘DSC McLouth Steel continue in effect, if Congress enacts Intergovernmental relations, Natural Gibraltar Plant’’ in alphabetical order by (and the President signs) a joint resources, Oil pollution, Penalties, state to read as follows: resolution of disapproval, described Reporting and recordkeeping under section 802. Another statutory requirements, Superfund, Water Appendix B to Part 300—National provision that may affect this rule is pollution control, Water supply. Priorities List

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes a

******* IN ...... Kokomo Contaminated Ground Water Plume ...... Kokomo

******* MI ...... DSC McLouth Steel Gibraltar Plant ...... Gibraltar

******* a A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50).

* * * * * compensation transition for rate-of- following Internet address: https:// [FR Doc. 2015–06696 Filed 3–25–15; 8:45 am] return local exchange carriers adopted apps.fcc.gov/edocs_public/attachmatch/ BILLING CODE 6560–50–P in the USF/ICC Transformation Order. DA-15-249A1.docx. The full text of this Specifically, the Bureau clarifies the document is also available for public Commission’s rules governing Eligible inspection during regular business FEDERAL COMMUNICATIONS Recovery calculations to address limited hours in the FCC Reference Center, 445 COMMISSION unanticipated results of the application 12th Street SW., Room CY–A257, of the true-up process evidenced by the Washington, DC 20554. To request 47 CFR Part 51 rate-of-return carriers’ 2014 annual materials in accessible formats for access tariff filings. people with disabilities (e.g. braille, [WC Docket No. 10–90, CC Docket No. 01– DATES: Effective April 27, 2015. large print, electronic files, audio 92; DA 15–249] format, etc.) or to request reasonable FOR FURTHER INFORMATION CONTACT: Connect America Fund; Developing a accommodations (e.g. accessible format Pamela Arluk, Wireline Competition documents, sign language interpreters, Unified Intercarrier Compensation Bureau, Pricing Policy Division, (202) Regime CART, etc.), send an email to fcc504@ 418–1520 or (202) 418–0484 (TTY); or fcc.gov or call the Consumer & AGENCY: Federal Communications Robin Cohn, Wireline Competition Governmental Affairs Bureau at (202) Commission. Bureau, Pricing Policy Division, (202) 418–0530 (voice) or (202) 418–0432 418–1520 or (202) 418–0484 (TTY). ACTION: Final rule. (TTY). SUPPLEMENTARY INFORMATION: This is a SUMMARY: In this document, the Federal summary of the Commission’s Order in I. Introduction Communications Commission’s WC Docket No. 10–90 and CC Docket 1. In the USF/ICC Transformation Wireline Competition Bureau clarifies No. 01–92, adopted and released on Order, the Commission delegated to the certain rules related to the February 24, 2015. The full text of this Wireline Competition Bureau (Bureau) implementation of the intercarrier document can be viewed at the the authority to make any rule revisions

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