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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules Freedom of Information Act, should be the ordinary procedure for obtaining copies of any of these documents. Please note that due to the difficulty of reproducing them, oversized maps may be viewed only in-person; since the EPA
dockets are not equipped to both copy and mail out such maps or scan them and send them out electronically.
You may use the docket at https
www.regulations.gov to access documents in the Headquarters docket.
Please note that there are differences between the Headquarters docket and the regional dockets and those differences are outlined in this preamble below.
C. What documents are available for public review at the EPA Headquarters docket?
The Headquarters docket for this proposed rule contains the following information for the sites proposed in this rule: Hazard Ranking System HRS
score sheets; documentation records describing the information used to compute the score; information for any sites affected by particular statutory requirements or the EPA listing policies;
and a list of documents referenced in the documentation record.

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D. What documents are available for public review at the EPA regional dockets?
The regional dockets for this proposed rule contain all of the information in the Headquarters docket plus the actual reference documents containing the data principally relied upon and cited by the EPA in calculating or evaluating the HRS score for the sites. These reference documents are available only in the regional dockets.
E. How do I submit my comments?
Follow the online instructions detailed above in the ADDRESSES section for submitting comments. Once submitted, comments cannot be edited or removed from the docket. The EPA
may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Multimedia submissions audio, video, etc. must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, the full
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EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
F. What happens to my comments?
The EPA considers all comments received during the comment period.
Significant comments are typically addressed in a support document that the EPA will publish concurrently with the Federal Register document if, and when, the site is listed on the NPL.
G. What should I consider when preparing my comments?
Comments that include complex or voluminous reports, or materials prepared for purposes other than HRS
scoring, should point out the specific information that the EPA should consider and how it affects individual HRS factor values or other listing criteria Northside Sanitary Landfill v.
Thomas, 849 F.2d 1516 D.C. Cir.
1988. The EPA will not address voluminous comments that are not referenced to the HRS or other listing criteria. The EPA will not address comments unless they indicate which component of the HRS documentation record or what particular point in the EPAs stated eligibility criteria is at issue.
H. May I submit comments after the public comment period is over?
Generally, the EPA will not respond to late comments. The EPA can guarantee only that it will consider those comments postmarked by the close of the formal comment period. The EPA has a policy of generally not delaying a final listing decision solely to accommodate consideration of late comments.
I. May I view public comments submitted by others?
During the comment period, comments are placed in the Headquarters docket and are available to the public on an as received basis. A
complete set of comments will be available for viewing in the regional dockets approximately one week after the formal comment period closes.
All public comments, whether submitted electronically or in paper form, will be made available for public viewing in the electronic public docket at https www.regulations.gov as the EPA receives them and without change, unless the comment contains copyrighted material, CBI or other information whose disclosure is restricted by statute. Once in the public
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dockets system, select search, then key in the appropriate docket ID
number.
J. May I submit comments regarding sites not currently proposed to the NPL?
In certain instances, interested parties have written to the EPA concerning sites that were not at that time proposed to the NPL. If those sites are later proposed to the NPL, parties should review their earlier concerns and, if still appropriate, resubmit those concerns for consideration during the formal comment period. Site-specific correspondence received prior to the period of formal proposal and comment will not generally be included in the docket.
II. 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 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
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