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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
The document is effective on October 12, 2021.
ADDRESSES: Contact information for the EPA Headquarters:
Docket Coordinator, Headquarters;
U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301
Constitution Avenue NW; William Jefferson Clinton Building West, Room 3334, Washington, DC 20004, 202/566
0276.
The contact information for the regional dockets is as follows:
Holly Inglis, Region 1 CT, ME, MA, NH, RI, VT, U.S. EPA, Superfund Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA
021093912; 617/9181413.
James Desir, Region 2 NJ, NY, PR, VI, U.S. EPA, 290 Broadway, New York, NY 100071866; 212/6374342.
Lorie Baker ASRC, Region 3 DE, DC, MD, PA, VA, WV, U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 19103; 215/
8143355.
Sandra Bramble, Region 4 AL, FL, GA, KY, MS, NC, SC, TN, U.S. EPA, 61
Forsyth Street SW, Mailcode 9T25, Atlanta, GA 30303; 404/5628926.
Todd Quesada, Region 5 IL, IN, MI, MN, OH, WI, U.S. EPA Superfund Division Librarian/SFD Records Manager SRC7J, Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/8864465.
Michelle Delgado-Brown, Region 6
AR, LA, NM, OK, TX, U.S. EPA, 1201
Elm Street, Suite 500, Mailcode SED, Dallas, TX 75270; 214/6653154.
Kumud Pyakuryal, Region 7 IA, KS, MO, NE, U.S. EPA, 11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS
66219; 913/5517956.
Victor Ketellapper, Region 8 CO, MT, ND, SD, UT, WY, U.S. EPA, 1595
Wynkoop Street, Mailcode 8EPRB, Denver, CO 802021129; 303/3126578.
Eugenia Chow, Region 9 AZ, CA, HI, NV, AS, GU, MP, U.S. EPA, 75
Hawthorne Street, Mailcode SFD 61, San Francisco, CA 94105; 415/972
3160.
Ken Marcy, Region 10 AK, ID, OR, WA, U.S. EPA, 1200 6th Avenue, Suite 155, Mailcode 12D121, Seattle, WA
98101; 206/8900591.
FOR FURTHER INFORMATION CONTACT:
Terry Jeng, phone: 703 6038852, email: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation Mailcode 5204P, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington, DC 20460; or the Superfund Hotline,
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phone 800 4249346 or 703 412
9810 in the Washington, DC, metropolitan area.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Background A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List NPL?
D. How are sites listed on the NPL?
E. What happens to sites on the NPL?
F. Does the NPL define the boundaries of sites?
G. How are sites removed from the NPL?
H. May the EPA delete portions of sites from the NPL as they are cleaned up?
I. What is the Construction Completion List CCL?
J. What is the Sitewide Ready for Anticipated Use measure?
K. What is state/tribal correspondence concerning NPL Listing?
II. Availability of Information to the Public A. May I review the documents relevant to this final rule?
B. What documents are available for review at the EPA Headquarters docket?
C. What documents are available for review at the EPA regional dockets?
D. How do I access the documents?
E. How may I obtain a current list of NPL
sites?
III. Contents of This Final Rule A. Additions to the NPL
B. What did the EPA do with the public comments it received?
IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act PRA
D. Regulatory Flexibility Act RFA
E. Unfunded Mandates Reform Act UMRA
F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act NTTAA
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act
I. Background A. What are CERCLA and SARA?
In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 96019675 CERCLA or
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the Act, in response to the dangers of uncontrolled releases or threatened releases of hazardous substances, and releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. CERCLA was amended on October 17, 1986, by the Superfund Amendments and Reauthorization Act SARA, Public Law 99499, 100 Stat. 1613 et seq.
B. What is the NCP?
To implement CERCLA, the EPA
promulgated the revised National Oil and Hazardous Substances Pollution Contingency Plan NCP, 40 CFR part 300, on July 16, 1982 47 FR 31180, pursuant to CERCLA section 105 and Executive Order 12316 46 FR 42237, August 20, 1981. The NCP sets guidelines and procedures for responding to releases and threatened releases of hazardous substances, or releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. The EPA has revised the NCP on several occasions.
The most recent comprehensive revision was on March 8, 1990 55 FR 8666.
As required under section 105a8A of CERCLA, the NCP also includes 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 actions are defined broadly and include a wide range of actions taken to study, clean up, prevent or otherwise address releases and threatened releases of hazardous substances, pollutants or contaminants 42 U.S.C. 960123.
C. What is the National Priorities List NPL?
The NPL is a list of national priorities among the known or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The list, which is appendix B of the NCP 40 CFR part 300, was required under section 105a8B of CERCLA, as amended. Section 105a8B
defines the NPL as a list of releases and the highest priority facilities and requires that the NPL be revised at least annually. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a
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