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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations B. What documents are available for review at the EPA Headquarters docket?
The headquarters docket for this rule contains the HRS score sheets, the documentation record describing the information used to compute the score, a list of documents referenced in the documentation record for each site and any other information used to support the NPL listing of the site.
C. What documents are available for review at the EPA regional dockets?
The EPA regional dockets contain all the information in the headquarters docket, plus the actual reference documents containing the data
principally relied upon by the EPA in calculating or evaluating the HRS score.
These reference documents are available only in the regional dockets.
D. How do I access the documents?
You may view the documents, by appointment only, after the publication of this rule. The hours of operation for the headquarters 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. For addresses for the headquarters and regional dockets, see ADDRESSES section in the beginning portion of this preamble.

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E. How may I obtain a current list of NPL sites?
You may obtain a current list of NPL
sites via the internet at https
www.epa.gov/superfund/nationalpriorities-list-npl-sites-site-name or by contacting the Superfund docket see contact information in the beginning portion of this document.
III. Contents of This Final Rule A. Additions to the NPL
This final rule adds the following four sites to the General Superfund section of the NPL. These sites are being added to the NPL based on an HRS score of 28.50
or above.

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GENERAL SUPERFUND SECTION
State
Site name
KS
MT
NJ
TX

Cherokee ZincWeir Smelter
Billings PCE
Pioneer Metal Finishing Inc
Northwest Odessa Groundwater

B. What did the EPA do with the public comments it received?
The EPA reviewed all comments received on the sites in this rule and responded to all relevant comments.
The EPA is adding four sites to the NPL
in this final rule. All four sites were proposed for addition to the NPL on September 3, 2020 85 FR 54970.
The EPA received two comments on the proposal of the Cherokee Zinc-Weir Smelter site. One of the commenters indicated that they would like to see liability for cleanup assigned at the listing stage and questions the addition of liability concerns to the Superfund NPL process. Liability is not considered in evaluating a site under the HRS. The NPL serves primarily as an informational tool for use by the EPA in identifying those sites that appear to present a significant risk to public health or the environment. Listing a site on the NPL does not reflect a judgment on the activities of the owners or operators of a site. It does not require those persons to undertake any action, nor does it assign any liability to any person. This position, stated in the legislative history of CERCLA, has been explained more fully in the Federal Register 48 FR 40658, September 8, 1983, and 53 FR 23988, June 24, 1988.
In addition to the comment regarding liability, there was one comment that is not related to the proposal of the site.
The EPA received one comment on the Billings PCE site regarding the site address and description of the site. The commenter asserted that the site address
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City/county
appeared limited to the Big Sky Linen facility despite the multiple possible sources identified in supporting material. The commenter stated that the EPA should revise the HRS
documentation record and the site summary to reflect the multiple possible sources of contamination associated with the site. The EPA has revised the street address for the Billings PCE site at promulgation to the intersection of 3rd St. W and Miles Ave., Billings, Montana, the approximate center of the area of observed exposure. The EPA has also revised the HRS documentation record at promulgation to include the new site address.
Additionally, while not commented on, the EPA noted that the trichloroethylene benchmark concentrations shown in HRS
documentation record Table 17 contain truncated values and are inconsistent with those documented in Reference 2
of the HRS supporting documentation.
The EPA has revised the HRS
documentation record at promulgation to: Include the corrected benchmark concentrations in Table 17; remove from Table 17 3 samples whose trichloroethylene concentrations fall below the corrected benchmarks; and adjust the Level I concentrations, Level II concentrations, and population factor values and targets factor category value accordingly. Based on these corrections, the subsurface intrusion component score and HRS site score remain unchanged.

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Weir.
Billings.
Franklinville.
Odessa.

The EPA received one comment on the Pioneer Metal Finishing Inc site expressing concern for environmental justice and air pollution impacts on minority communities but did not express support or opposition to listing the site.
The EPA received two comments supporting the listing of the Northwest Odessa Groundwater site, with one commenter expressing concerns regarding the health impacts of the plume and the other expressing concern that the groundwater plume is spreading and impacting nearby mixed commercial and residential areas. One additional comment was a duplicate of the comment submitted on the Pioneer Metal Finishing Inc site.
IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https www.epa.gov/lawsregulations/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.

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