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67656 Federal Register / Vol. 61, No. 247 / Monday, December 23, 1996 / Rules and Regulations

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67656 Federal Register / Vol. 61, No. 247 / Monday, December 23, 1996 / Rules and Regulations 67656 Federal Register / Vol. 61, No. 247 / Monday, December 23, 1996 / Rules and Regulations ENVIRONMENTAL PROTECTION I. Introduction 300.425(b)(1). However, under 40 CFR 300.425(b)(2) placing a site on the NPL AGENCY Background ``does not imply that monies will be 40 CFR Part 300 In 1980, Congress enacted the expended.'' EPA may pursue other Comprehensive Environmental appropriate authorities to remedy the Response, Compensation, and Liability [FRL±5668±3] releases, including enforcement action Act, 42 U.S.C. 9601±9675 (``CERCLA'' or under CERCLA and other laws. National Priorities List for Uncontrolled ``the Act''), in response to the dangers of The purpose of the NPL is merely to Hazardous Waste Sites uncontrolled hazardous waste sites. identify releases that are priorities for CERCLA was amended on October 17, further evaluation. Although a CERCLA AGENCY: Environmental Protection 1986, by the Superfund Amendments ``facility'' is broadly defined to include Agency. and Reauthorization Act (``SARA''), any area where a hazardous substance Public Law 99±499, 100, Stat. 1613 et ACTION: Final rule. release has ``come to be located'' seq. To implement CERCLA, EPA (CERCLA section 101(9)), the listing SUMMARY: The Comprehensive promulgated the revised National Oil process itself is not intended to define Environmental Response, and Hazardous Substances Pollution or reflect the boundaries of such Compensation, and Liability Act of 1980 Contingency Plan (``NCP''), 40 CFR Part facilities or releases. (``CERCLA'' or ``the Act''), as amended, 300, on July 16, 1982 (47 FR 31180), Further, the NPL is only of limited requires that the National Oil and pursuant to CERCLA section 105 and significance, as it does not assign Hazardous Substances Pollution Executive Order 12316 (46 FR 42237, liability to any party or to the owner of Contingency Plan (``NCP'') include a list August 20, 1981). The NCP sets forth the any specific property. See Report of the of national priorities among the known guidelines and procedures needed to Senate Committee on Environment and releases or threatened releases of respond under CERCLA to releases and Public Works, Senate Rep. No. 96±848, threatened releases of hazardous hazardous substances, pollutants, or 96th Cong., 2d Sess. 60 (1980), 48 FR substances, pollutants, or contaminants. contaminants throughout the United 40659 (September 8, 1983). If a party EPA has revised the NCP on several does not believe it is liable for releases States. The National Priorities List occasions. The most recent on discrete parcels of property, (``NPL'') constitutes this list. comprehensive revision was on March supporting information can be This rule adds 7 new sites to the 8, 1990 (55 FR 8666). submitted to the Agency at any time General Superfund Section of the NPL. Section 105(a)(8)(A) of CERCLA after a party receives notice it is a The NPL is intended primarily to guide requires that the NCP include ``criteria potentially responsible party. the Environmental Protection Agency for determining priorities among Three mechanisms for placing sites on (``EPA'' or ``the Agency'') in determining releases or threatened releases the NPL for possible remedial action are which sites warrant further throughout the United States for the included in the NCP at 40 CFR investigation to assess the nature and purpose of taking remedial action and, 300.425(c). Under 40 CFR 300.425(c)(1), extent of public health and to the extent practicable taking into a site may be included on the NPL if it environmental risks associated with the account the potential urgency of such scores sufficiently high on the Hazard site and to determine what CERCLA- action, for the purpose of taking removal Ranking System (``HRS''), which EPA financed remedial action(s), if any, may action.'' ``Removal'' actions are defined promulgated as Appendix A of 40 CFR be appropriate. broadly and include a wide range of Part 300. On December 14, 1990 (55 FR EFFECTIVE DATE: The effective date for actions taken to study, clean up, prevent 51532), EPA promulgated revisions to this amendment to the NCP shall be or otherwise address releases and the HRS partly in response to CERCLA January 22, 1997. threatened releases. 42 U.S.C. 9601(23). section 105(c), added by SARA. The ``Remedial'' actions'' are those revised HRS evaluates four pathways: ADDRESSES: For addresses for the ``consistent with permanent remedy, ground water, surface water, soil Headquarters and Regional dockets, as taken instead of or in addition to exposure, and air. The HRS serves as a well as further details on what these removal actions * * *.'' 42 U.S.C. screening device to evaluate the relative dockets contain, see ``Information 9601(24). potential of uncontrolled hazardous Available to the Public'' in Section I of Pursuant to section 105(a)(8)(B) of substances to pose a threat to human the SUPPLEMENTARY INFORMATION portion CERCLA, as amended by SARA, EPA health or the environment. As a matter of this preamble. has promulgated a list of national of Agency policy, those sites that score FOR FURTHER INFORMATION CONTACT: priorities among the known or 28.50 or greater on the HRS are eligible Terry Keidan, State and Site threatened releases of hazardous for the NPL. Identification Center, Office of substances, pollutants, or contaminants Under a second mechanism for Emergency and Remedial Response throughout the United States. That list, adding sites to the NPL, each State may (mail code 5204G), U.S. Environmental which is Appendix B of 40 CFR Part designate a single site as its top priority, Protection Agency, 401 M Street, SW, 300, is the National Priorities List regardless of the HRS score. This Washington, DC, 20460, or the (``NPL''). mechanism, provided by the NCP at 40 Superfund Hotline, phone (800) 424± CERCLA section 105(a)(8)(B) defines CFR 300.425(c)(2) and 105(a)(8)(B) 9346 or (703) 412±9810 in the the NPL as a list of ``releases'' and as a requires that, to the extent practicable, Washington, DC, metropolitan area. list of the highest priority ``facilities.'' the NPL include within the 100 highest SUPPLEMENTARY INFORMATION: CERCLA section 105(a)(8)(B) also priorities, one facility designated by requires that the NPL be revised at least each State representing the greatest I. Introduction annually. A site may undergo remedial II. Contents of This Final Rule danger to public health, welfare, or the III. Executive Order 12866 action financed by the Trust Fund environment among known facilities in IV. Unfunded Mandates established under CERCLA (commonly the State. V. Effects on Small Businesses referred to as the ``Superfund'') only The third mechanism for listing, VI. Possible Changes to the Effective Date of after it is placed on the NPL, as included in the NCP at 40 CFR the Rule provided in the NCP at 40 CFR 300.425(c)(3), allows certain sites to be Federal Register / Vol. 61, No. 247 / Monday, December 23, 1996 / Rules and Regulations 67657 listed regardless of their HRS score, if encompassed by the listing. The describe the boundaries of a release all of the following conditions are met: approach generally used is to delineate with absolute certainty. The Agency for Toxic Substances and a geographical area (usually the area For these reasons, the NPL need not Disease Registry (ATSDR) of the U.S. Public within the installation or plant be amended as further research reveals Health Service has issued a health advisory boundaries) and identify the site by more information about the location of that recommends dissociation of individuals reference to that area. As a legal matter, the contamination or release. from the release. the site is not coextensive with that Deletions/Cleanups EPA determines that the release poses a area, and the boundaries of the significant threat to public health. installation or plant are not the EPA may delete sites from the NPL EPA anticipates that it will be more cost- ``boundaries'' of the site. Rather, the site where no further response is effective to use its remedial authority than to consists of all contaminated areas appropriate under Superfund, as use its removal authority to respond to the explained in the NCP at 40 CFR release. within the area used to identify the site, and any other location to which 300.425(e). To date, the Agency has EPA promulgated an original NPL of contamination from that area has come deleted 132 sites from the NPL. 406 sites on September 8, 1983 (48 FR to be located or from which that On November 1, 1995, EPA 40658). The NPL has been expanded contamination came. announced a new policy to delete since then, most recently on June 17, In other words, while geographic portions of NPL sites where cleanup is 1996 (61 FR 30510). terms are often used to designate the site complete (60 FR 55465). Total site The NPL includes two sections, one of (e.g., the ``Jones Co. plant site'') in terms cleanup may take many years, while sites that are evaluated and cleaned up of the property owned by a particular portions of the site may have been by EPA (the ``General Superfund party, the site properly understood is cleaned up and be available for Section''), and one of sites being not limited to that property (e.g., it may productive use. As of December 1996, addressed generally by other Federal extend beyond the property due to EPA has partially deleted 4 sites from agencies (the ``Federal Facilities contaminant migration), and conversely the NPL. Section''). Under Executive Order 12580 may not occupy the full extent of the EPA also has developed an NPL (52 FR 2923, January 29, 1987) and property (e.g., where there are construction completion list (``CCL'') to CERCLA section 120, each Federal uncontaminated parts of the identified simplify its system of categorizing sites agency is responsible for carrying out property, they may not be, strictly and to better communicate the most response actions at facilities under speaking, part of the ``site'').
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