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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
boundaries of the contamination can be expected to change over time. Thus, in most cases, it may be impossible to describe the boundaries of a release with absolute certainty.
Further, as noted previously, NPL
listing does not assign liability to any party or to the owner of any specific property. Thus, if a party does not believe it is liable for releases on discrete parcels of property, it can submit supporting information to the agency at any time after it receives notice it is a potentially responsible party.
For these reasons, the NPL need not be amended as further research reveals more information about the location of the contamination or release.
G. How are sites removed from the NPL?
The EPA may delete sites from the NPL where no further response is appropriate under Superfund, as explained in the NCP at 40 CFR
300.425e. This section also provides that the EPA shall consult with states on proposed deletions and shall consider whether any of the following criteria have been met:
i Responsible parties or other persons have implemented all appropriate response actions required;
ii All appropriate Superfundfinanced response has been implemented and no further response action is required; or iii The remedial investigation has shown the release poses no significant threat to public health or the environment and taking of remedial measures is not appropriate.
H. May the EPA delete portions of sites from the NPL as they are cleaned up?
In November 1995, the EPA initiated a policy to delete portions of NPL sites where cleanup is complete 60 FR
55465, November 1, 1995. Total site cleanup may take many years, while portions of the site may have been cleaned up and made available for productive use.

I. What is the Construction Completion List CCL?

K. What is state/tribal correspondence concerning NPL listing?

The EPA also has developed an NPL
construction completion list CCL to simplify its system of categorizing sites and to better communicate the successful completion of cleanup activities 58 FR 12142, March 2, 1993.
Inclusion of a site on the CCL has no legal significance.
Sites qualify for the CCL when: 1
Any necessary physical construction is complete, whether or not final cleanup levels or other requirements have been achieved; 2 the EPA has determined that the response action should be limited to measures that do not involve construction e.g., institutional controls; or 3 the site qualifies for deletion from the NPL. For more information on the CCL, see the EPAs internet site at https www.epa.gov/
superfund/construction-completionsnational-priorities-list-npl-sites-number.

In order to maintain close coordination with states and tribes in the NPL listing decision process, the EPAs policy is to determine the position of the states and tribes regarding sites that the EPA is considering for listing. This consultation process is outlined in two memoranda that can be found at the following website: https www.epa.gov/
superfund/statetribal-correspondenceconcerning-npl-site-listing.
The EPA has improved the transparency of the process by which state and tribal input is solicited. The EPA is using the web and where appropriate more structured state and tribal correspondence that: 1 Explains the concerns at the site and the EPAs rationale for proceeding; 2 requests an explanation of how the state intends to address the site if placement on the NPL
is not favored; and 3 emphasizes the transparent nature of the process by informing states that information on their responses will be publicly available.
A model letter and correspondence between the EPA and states and tribes where applicable, is available on the EPAs website at https www.epa.gov/
superfund/statetribal-correspondenceconcerning-npl-site-listing.

J. What is the Sitewide Ready for Anticipated Use measure?
The Sitewide Ready for Anticipated Use measure represents important Superfund accomplishments and the measure reflects the high priority the EPA places on considering anticipated future land use as part of the remedy selection process. See Guidance for Implementing the Sitewide Ready-forReuse Measure, May 24, 2006, Office of Solid Waste and Emergency Response OSWER 9365.036. This measure applies to final and deleted sites where construction is complete, all cleanup goals have been achieved, and all institutional or other controls are in place. The EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment for current and future land uses, in a manner that allows contaminated properties to be restored to environmental and economic vitality.
For further information, please go to https www.epa.gov/superfund/aboutsuperfund-cleanup-processreuse.

II. Availability of Information to the Public A. May I review the documents relevant to this final rule?
Yes, documents relating to the evaluation and scoring of the sites in this final rule are contained in dockets located both at the EPA headquarters and in the EPA regional offices.
An electronic version of the public docket is available through https
www.regulations.gov see table below for docket identification numbers.
Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facilities identified in section II.D.

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DOCKET IDENTIFICATION NUMBERS BY SITE
Site name
City/county, state
Cherokee ZincWeir Smelter
Billings PCE
Pioneer Metal Finishing Inc
Northwest Odessa Groundwater

Weir, KS
Billings, MT
Franklinville, NJ
Odessa, TX

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Docket ID No.
EPAHQOLEM20200394
EPAHQOLEM20200395
EPAHQOLEM20200396
EPAHQOLEM20200397

09SER1