Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations 54931 [FR Doc. 2020–19491 Filed 9–2–20; 8:45 am] 3HS12, Philadelphia, PA 19103; 215/ B. What documents are available for review BILLING CODE 6560–50–P 814–3355. at the EPA Headquarters docket? • Sandra Harrigan, Region 4 (AL, FL, C. What documents are available for review GA, KY, MS, NC, SC, TN), U.S. EPA, 61 at the EPA regional dockets? ENVIRONMENTAL PROTECTION Forsyth Street SW, Mailcode 9T25, D. How do I access the documents? E. How may I obtain a current list of NPL AGENCY Atlanta, GA 30303; 404/562–8926. • sites? Todd Quesada, Region 5 (IL, IN, MI, III. Contents of This Final Rule 40 CFR Part 300 MN, OH, WI), U.S. EPA Superfund A. Additions to the NPL [EPA–HQ–OLEM–2017–0603, EPA–HQ– Division Librarian/SFD Records B. What did the EPA do with the public OLEM–2019–0484, 0485, 0486, 0487 and Manager SRC–7J, Metcalfe Federal comments it received? 0488; FRL–10012–71–OLEM] Building, 77 West Jackson Boulevard, IV. Statutory and Executive Order Reviews Chicago, IL 60604; 312/886–4465. A. Executive Order 12866: Regulatory National Priorities List • Michelle Delgado-Brown, Region 6 Planning and Review and Executive (AR, LA, NM, OK, TX), U.S. EPA, 1201 Order 13563: Improving Regulation and AGENCY: Environmental Protection Elm Street, Suite 500, Mailcode SED, Regulatory Review Agency (EPA). B. Executive Order 13771: Reducing Dallas, TX 75270; 214/665–3154. ACTION: Final rule. • Regulation and Controlling Regulatory Kumud Pyakuryal, Region 7 (IA, Costs KS, MO, NE), U.S. EPA, 11201 Renner SUMMARY: The Comprehensive C. Paperwork Reduction Act (PRA) Environmental Response, Blvd., Mailcode SUPRSTAR, Lenexa, KS D. Regulatory Flexibility Act (RFA) Compensation, and Liability Act of 1980 66219; 913/551–7956. E. Unfunded Mandates Reform Act • Victor Ketellapper, Region 8 (CO, (‘‘CERCLA’’ or ‘‘the Act’’), as amended, (UMRA) MT, ND, SD, UT, WY), U.S. EPA, 1595 F. Executive Order 13132: Federalism requires that the National Oil and Wynkoop Street, Mailcode 8EPR–B, G. Executive Order 13175: Consultation Hazardous Substances Pollution Denver, CO 80202–1129; 303/312–6578. and Coordination With Indian Tribal Contingency Plan (‘‘NCP’’) include a list • Eugenia Chow, Region 9 (AZ, CA, Governments of national priorities among the known HI, NV, AS, GU, MP), U.S. EPA, 75 H. Executive Order 13045: Protection of releases or threatened releases of Hawthorne Street, Mailcode SFD 6–1, Children From Environmental Health and Safety Risks hazardous substances, pollutants or San Francisco, CA 94105; 415/972– contaminants throughout the United I. Executive Order 13211: Actions That 3160. Significantly Affect Energy Supply, States. The National Priorities List • Ken Marcy, Region 10 (AK, ID, OR, (‘‘NPL’’) constitutes this list. The NPL is Distribution, or Use WA), U.S. EPA, 1200 6th Avenue, Suite J. National Technology Transfer and intended primarily to guide the 155, Mailcode 12–D12–1, Seattle, WA Advancement Act (NTTAA) Environmental Protection Agency (‘‘the 98101; 206/890–0591. K. Executive Order 12898: Federal Actions EPA’’ or ‘‘the agency’’) in determining FOR FURTHER INFORMATION CONTACT: To Address Environmental Justice in which sites warrant further Terry Jeng, phone: (703) 603–8852, Minority Populations and Low-Income investigation. These further Populations email: [email protected], Site investigations will allow the EPA to L. Congressional Review Act Assessment and Remedy Decisions assess the nature and extent of public Branch, Assessment and Remediation I. Background health and environmental risks Division, Office of Superfund associated with the site and to A. What are CERCLA and SARA? Remediation and Technology determine what CERCLA-financed Innovation (Mailcode 5204P), U.S. In 1980, Congress enacted the remedial action(s), if any, may be Environmental Protection Agency; 1200 Comprehensive Environmental appropriate. This rule adds six sites to Pennsylvania Avenue NW, Washington, Response, Compensation, and Liability the General Superfund section of the DC 20460; or the Superfund Hotline, Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or NPL. phone (800) 424–9346 or (703) 412– ‘‘the Act’’), in response to the dangers of DATES: The document is effective on 9810 in the Washington, DC, uncontrolled releases or threatened October 5, 2020. metropolitan area. releases of hazardous substances, and ADDRESSES: Contact information for the SUPPLEMENTARY INFORMATION: releases or substantial threats of releases EPA Headquarters: into the environment of any pollutant or • Docket Coordinator, Headquarters; Table of Contents contaminant that may present an U.S. Environmental Protection Agency; I. Background imminent or substantial danger to the CERCLA Docket Office; 1301 A. What are CERCLA and SARA? public health or welfare. CERCLA was Constitution Avenue NW; William B. What is the NCP? amended on October 17, 1986, by the Jefferson Clinton Building West, Room C. What is the National Priorities List Superfund Amendments and 3334, Washington, DC 20004, 202/566– (NPL)? Reauthorization Act (‘‘SARA’’), Public D. How are sites listed on the NPL? Law 99–499, 100 Stat. 1613 et seq. 0276. E. What happens to sites on the NPL? The contact information for the F. Does the NPL define the boundaries of B. What is the NCP? regional dockets is as follows: sites? • Holly Inglis, Region 1 (CT, ME, MA, G. How are sites removed from the NPL? To implement CERCLA, the EPA NH, RI, VT), U.S. EPA, Superfund H. May the EPA delete portions of sites promulgated the revised National Oil Records and Information Center, 5 Post from the NPL as they are cleaned up? and Hazardous Substances Pollution Office Square, Suite 100, Boston, MA I. What is the Construction Completion List Contingency Plan (‘‘NCP’’), 40 CFR part 02109–3912; 617/918–1413. (CCL)? 300, on July 16, 1982 (47 FR 31180), • James Desir, Region 2 (NJ, NY, PR, J. What is the Sitewide Ready for pursuant to CERCLA section 105 and Anticipated Use measure? Executive Order 12316 (46 FR 42237, VI), U.S. EPA, 290 Broadway, New K. What is state/tribal correspondence York, NY 10007–1866; 212/637–4342. August 20, 1981). The NCP sets • concerning NPL Listing? Lorie Baker (ASRC), Region 3 (DE, II. Availability of Information to the Public guidelines and procedures for DC, MD, PA, VA, WV), U.S. EPA, A. May I review the documents relevant to responding to releases and threatened Library, 1650 Arch Street, Mailcode this final rule? releases of hazardous substances, or VerDate Sep<11>2014 15:53 Sep 02, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\03SER1.SGM 03SER1 jbell on DSKJLSW7X2PROD with RULES 54932 Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations releases or substantial threats of releases responsible for preparing a Hazard E. What happens to sites on the NPL? into the environment of any pollutant or Ranking System (‘‘HRS’’) score and A site may undergo remedial action contaminant that may present an determining whether the facility is financed by the Trust Fund established imminent or substantial danger to the placed on the NPL. under CERCLA (commonly referred to public health or welfare. The EPA has D. How are sites listed on the NPL? as the ‘‘Superfund’’) only after it is revised the NCP on several occasions. placed on the NPL, as provided in the The most recent comprehensive revision There are three mechanisms for NCP at 40 CFR 300.425(b)(1). was on March 8, 1990 (55 FR 8666). placing sites on the NPL for possible (‘‘Remedial actions’’ are those As required under section remedial action (see 40 CFR 300.425(c) ‘‘consistent with a permanent remedy, 105(a)(8)(A) of CERCLA, the NCP also of the NCP): (1) A site may be included taken instead of or in addition to includes ‘‘criteria for determining on the NPL if it scores sufficiently high priorities among releases or threatened removal actions’’ (40 CFR 300.5).) on the HRS, which the EPA However, under 40 CFR 300.425(b)(2), releases throughout the United States promulgated as appendix A of the NCP for the purpose of taking remedial placing a site on the NPL ‘‘does not (40 CFR part 300). The HRS serves as a imply that monies will be expended.’’ action and, to the extent practicable, screening tool to evaluate the relative taking into account the potential The EPA may pursue other appropriate potential of uncontrolled hazardous authorities to respond to the releases, urgency of such action, for the purpose substances, pollutants or contaminants of taking removal action.’’ ‘‘Removal’’ including enforcement action under to pose a threat to human health or the CERCLA and other laws. actions are defined broadly and include environment. On December 14, 1990 (55 a wide range of actions taken to study, FR 51532), the EPA promulgated F. Does the NPL define the boundaries clean up, prevent or otherwise address revisions to the HRS partly in response of sites? releases and threatened releases of to CERCLA section 105(c), added by The NPL does not describe releases in hazardous substances, pollutants or SARA. On January 9, 2017 (82 FR 2760), precise geographical terms; it would be contaminants (42 U.S.C. 9601(23)). a subsurface intrusion component was neither feasible nor consistent with the C. What is the National Priorities List added to the HRS to enable the EPA to limited purpose of the NPL (to identify (NPL)? consider human exposure to hazardous releases that are priorities for further substances or pollutants and The NPL is a list of national priorities evaluation), for it to do so. Indeed, the contaminants that enter regularly among the known or threatened releases precise nature and extent of the site are occupied structures through subsurface of hazardous substances, pollutants or typically not known at the time of intrusion when evaluating sites for the contaminants throughout the United listing.