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Site Listing on the National Priorities List (Npl)

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Site Listing on the National Priorities List (Npl) Final 48 FR 40658, 09/08/1983 | National Priorities List (NPL) | US EPA Page 1 of 42 Federal Register Notice 40658 - 40673 Federal Register / Vol. 48, No. 175 / Thursday, September 8, 1983 / Rules and Regulations Summary Addresses Introduction Purpose of the NPL Implementation Process for Establishing the NPL Contents of the NPL Eligibility Changes From the Proposed NPL Updates and Deletions to the NPL Regulatory Impact Regulatory Flexibility Act Analysis 40658 - 40673 Federal Register / Vol. 48, No. 175 / Thursday, September 8, 1983 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [SWER-FRL 2421-1] Amendment to National Oil and Hazardous Substance Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency. ACTION: Final rule. SUMMARY: The Environmental Protection Agency ("EPA") is amending the National Oil and Hazardous Substances Contingency Plan ("NCP"), which was promulgated on July 16, 1982, pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") and Executive Order 12316. This amendment supplements the NCP with the National Priorities List ("NPL"), which will become Appendix B of the NCP. CERCLA requires that the NCP include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, and contaminants throughout the United States, and that the list be revised at least annually. The NPL constitutes this list. DATES: The promulgation date for this amendment to the NCP shall be September 8, 1983. Under section 305 of CERCLA, amendments to the NCP cannot take effect until Congress has had at least 60 "calendar days of continuous session" from the date of promulgation in which to review the amended Plan. Since the actual length of this review period may be affected by Congressional action, it is not possible at this time to specify a date on which the NPL will http://www.epa.gov/superfund/sites/npl/f830908.htm 3/18/2009 Final 48 FR 40658, 09/08/1983 | National Priorities List (NPL) | US EPA Page 2 of 42 become effective. Therefore, EPA will publish a Federal Register notice at the end of the review period announcing the effective date of this NPL. EPA notes, however, that the legal effect of a Congressional veto pursuant to section 305 has been placed in question by the recent decision, Immigration and Naturalization Service v. Chadha, - U.S. - , (Docket No. 80­ 1832, decided June 23, 1983). Nonetheless, the Agency has decided, as a matter of policy, to submit the NPL for Congressional review. [Return to Table of Contents] ADDRESSES: The public docket for the NCP will contain Hazard Ranking System (HRS) score sheets for all sites on the NPL, as well as a "Documentation Record" for each site, describing the information used to compute the scores. The main docket is located in Room S325 of Waterside Mall, 401 M Street, S.W., Washington, D.C. 20460 and is available for viewing from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays. Requests for copies of these documents should be directed to EPA at the above address. The EPA Regional Offices maintain dockets concerning the sites located in their Regions. Addresses for the Regional Office dockets are: Jennifer Arns Region I, U.S. EPA Library John F. Kennedy Federal Bldg. Boston, MA 02203 617/223-5781 Audrey Thomas Region II, U.S. EPA Library 26 Federal Plaza, 10th Floor New York, NY 10278 212/264-2881 Diane McCreary Region III, U.S. EPA Library Curtis Building 6th & Walnut Streets Philadelphia, PA 19106 215/597-0580 Carolyn Mitchell Region IV, U.S. EPA Library 345 Courtland Street NE Atlanta, GA 30365 404/257-4216 Lou Tilly Region V, U.S. EPA Library 230 South Dearborn Street Chicago, IL 60604 512/353-2022 Nita House Region VI, U.S. EPA Library http://www.epa.gov/superfund/sites/npl/f830908.htm 3/18/2009 Final 48 FR 40658, 09/08/1983 | National Priorities List (NPL) | US EPA Page 3 of 42 First International Building 1201 Elm Street Dallas, TX 75270 214/767-7341 Connie McKenzie Region VII, U.S. EPA Library 324 East 11th Street Kansas City, MO 64106 816/374-3497 Delores Eddy Region VIII, U.S. EPA Library 1860 Lincoln Street Denver, CO 80295 303/837-2560 Jean Circiello Region IX, U.S. EPA Library 215 Freemont Street San Francisco, CA 94105 415/974-8076 Julie Sears Region X, U.S. EPA Library 1200 6th Avenue Seattle, WA 98101 206/442-1289 FOR FURTHER INFORMATION CONTACT: Stephen M. Caldwell Hazardous Site Control Division Office of Superfund Remediation Technology Innovation (WH-548-E) Environmental Protection Agency 401 M Street, SW Washington, D.C. 20460 Phone (800) 424-9346 or 382-3000 in the Washington, D.C., metropolitan area). SUPPLEMENTARY INFORMATION Table of Contents I. Introduction II. Purpose of the NPL III. Implementation IV. Process for Establishing and Updating the List V. VI. Contents of the NPL VII. Eligibility of Sites VIII. Changes from the Proposed NPL Updates and Deletions IX. Regulatory Impact Analysis X. Regulatory Flexibility Act Analysis http://www.epa.gov/superfund/sites/npl/f830908.htm 3/18/2009 Final 48 FR 40658, 09/08/1983 | National Priorities List (NPL) | US EPA Page 4 of 42 [Return to Table of Contents] I. Introduction Pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601-9657 ("CERCLA" or "the Act"), and Executive Order 12316 (46 FR 42237, August 20, 1981), the Environmental Protection Agency ("EPA" or "the Agency") promulgated the revised National Contingency Plan ("NCP"), 40 CFR Part 300, on July 16, 1982 (47 FR 31180). Those amendments to the NCP implement the new responsibilities and authorities created by CERCLA to respond to releases and threatened releases of hazardous substances, pollutants, and contaminants. Section 105(8)(A) of CERCLA requires that the NCP include 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 action involves cleanup or other actions that are taken in response to emergency conditions or on a short- term or temporary basis (CERCLA Section 101(23)). Remedial action tends to be long-term in nature and involves response actions which are consistent with permanent remedy for a release (CERCLA Section 101(24)). Criteria for determining priorities are included in the Hazard Ranking System ("HRS"), which EPA promulgated as Appendix A of the NCP (47 FR 31219, July 16, 1982). Section 105(8)(B) of CERCLA requires that these criteria be used to prepare a list of national priorities among the known releases or threatened releases throughout the United States, and that to the extent practicable at least 400 sites be designated individually. EPA has included releases on the NPL where CERCLA authorizes Federal response to the release. Under section 104(a) of CERCLA, this response authority is quite broad and extends to releases or threatened releases not only of designated hazardous substances, but of any "pollutant or contaminant" which presents an imminent and substantial danger to the public health or welfare. CERCLA requires that this National Priorities List ("NPL") be included as part of the NCP. Today, the Agency is amending the NCP by adding the NPL as Appendix B. The discussion below may refer to "releases or threatened releases" simply as "releases," "facilities," or "sites." [Return to Table of Contents] II. Purpose of the NPL The primary purpose of the NPL is stated in the legislative history of CERCLA (Report of the Committee on Environment and Public Works, Senate Report No. 96-848, 96th Cong., 2d. Sess. 60 (1980)): The priority lists serve primarily informational purposes, identifying for the States and the public those facilities and sites or other releases which appear to warrant remedial actions. Inclusion of a facility or site on the list does not in itself reflect a judgment of the activities of its owner or operator, it does not require those persons to undertake any action, nor does it assign liability to any person. Subsequent government action in the form of remedial actions or enforcement actions will be necessary in order to do so, and these actions will be attended by all appropriate procedural safeguards. http://www.epa.gov/superfund/sites/npl/f830908.htm 3/18/2009 Final 48 FR 40658, 09/08/1983 | National Priorities List (NPL) | US EPA Page 5 of 42 The purpose of the NPL, therefore, is primarily to serve as an informational tool for use by EPA in identifying sites that appear to present a significant risk to public health or the environment. The initial identification of a site in the NPL is intended primarily to guide EPA in determining which sites warrant further investigation designed to assess the nature and extent of the public health and environmental risks associated with the site and to determine what response action, if any, may be appropriate. Inclusion of a site on the NPL does not establish that EPA necessarily will undertake response actions. Moreover, listing does not require any action of any private party, nor does it determine the liability of any party for the cost of cleanup at the site. In addition, although the HRS scores used to place sites on the NPL may be helpful to the Agency in determining priorities for cleanup and other response activities among sites on the NPL, EPA does not rely on the scores as the sole means of determining such priorities, as discussed below. Neither can the HRS itself determine the appropriate remedy for a site.
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