[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5100-5104]
[FR Doc No: 2012-1924]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0015; FRL-9334-6]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires
any person who intends to manufacture (defined by statute to include
import) a new chemical (i.e., a chemical not on the TSCA Chemical
Substances Inventory (TSCA Inventory)) to notify EPA and comply with
the statutory provisions pertaining to the manufacture of new
chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to
publish in the Federal Register a notice of receipt of a premanufacture
notice (PMN) or an application for a test marketing exemption (TME),
and to publish in the Federal Register periodic status reports on the
new chemicals under review and the receipt of notices of commencement
(NOC) to manufacture those chemicals. This document, which covers the
period from December 19, 2011 to December 30, 2011, and provides the
required notice and status report, consists of the PMNs and TMEs, both
pending or expired, and the NOC to manufacture a new chemical that the
Agency has received under TSCA section 5 during this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before March 2, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2012-0015, and the specific PMN number or TME
number for the chemical related to your comment, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. The
DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the DCO is<PHONE_NUMBER>.
Such deliveries are only accepted during the DCO's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: EPA's policy is that all comments received will be
included in the docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
email. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although

listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available electronically at http://www.regulations.gov, or, if only
available in hard copy, at the OPPT Docket. The OPPT Docket is located
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Docket visitors are required to show
photographic identification, pass through a metal detector, and sign
the EPA visitor log. All visitor bags are processed through an X-ray
machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Bernice Mudd, Information Management Division (7407M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8951; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the PMNs addressed in this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Why is EPA taking this action?

    EPA classifies a chemical substance as either an ``existing''
chemical or a ``new'' chemical. Any chemical substance that is not on
EPA's TSCA Inventory is classified as a ``new chemical,'' while those
that are on the TSCA Inventory are classified as an ``existing
chemical.'' For more information about the TSCA Inventory go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm. Anyone who plans to
manufacture or import a new chemical substance for a non-exempt
commercial purpose is required by TSCA section 5 to provide EPA with a
PMN, before initiating the activity. Section 5(h)(1) of TSCA authorizes
EPA to allow persons, upon application, to manufacture (includes
import) or process a new chemical substance, or a chemical substance
subject to a significant new use rule (SNUR) issued under TSCA section
5(a), for ``test marketing'' purposes, which is referred to as a test
marketing exemption, or TME. For more information about the
requirements applicable to a new chemical go to: http://ww.epa.gov/opt/newchems.
    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish
in the Federal Register a notice of receipt of a PMN or an application
for a TME and to publish in the Federal Register periodic status
reports on the new chemicals under review and the receipt of NOCs to
manufacture those chemicals. This status report, which covers the
period from December 19, 2011 to December 30, 2011, consists of the
PMNs and TMEs, both pending or expired, and the NOCs to manufacture a
new chemical that the Agency has received under TSCA section 5 during
this time period.

III. Receipt and Status Reports

    In Table I of this unit, EPA provides the following information (to
the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: The EPA case number assigned to the
PMN, the date the PMN was received by EPA, the projected end date for
EPA's review of the PMN, the submitting manufacturer/importer, the
potential uses identified by the manufacturer/importer in the PMN, and
the chemical identity.

                               Table I--19 PMNs Received From 12/19/11 to 12/30/11
----------------------------------------------------------------------------------------------------------------
                                                  Projected
           Case No.             Received date    notice end    Manufacturer  /        Use            Chemical
                                                    date           importer
----------------------------------------------------------------------------------------------------------------
P-12-0111....................      12/19/2011      03/17/2012  CBI............  (G) Specialty    (G) Polyamine
                                                                                additive.        derivative

P-12-0112....................      12/21/2011      03/19/2012  CBI............  (G) Sizing for   (G) Carboxylic
                                                                                glass fibre.     acid, polymer
                                                                                with .alpha.-
                                                                                hydro-.omega.-
                                                                                hydroxypoly(ox
                                                                                y-1,2-
                                                                                ethanediyl)
                                                                                and 2,2'-
                                                                                oxybis[ethanol
                                                                                ]
P-12-0113....................      12/21/2011       3/19/2012  CBI............  (G) Reactive     (G) Substituted
                                                                                dyestuff for     bis)phenylazo)
                                                                                the coloration   naphthalenesul
                                                                                of cellulosic    fonic acid,
                                                                                substrates..     sodium salts
P-12-0114....................      12/21/2011       3/19/2012  CBI............  (G) Sealants     (G) Acryloxy
                                                                                and adhesives.   functional
                                                                                siloxane
P-12-0115....................      12/22/2011       3/20/2012  Huntsman         (S) Interfacial  (G)
                                                                Corporation.     tension          Alkylbenzene
                                                                                reducer for      sulfonic acid
                                                                                enhanced oil
                                                                                recovery. pmn
                                                                                substance
                                                                                one.;
                                                                                interfacial
                                                                                tension
                                                                                reducer for
                                                                                enhanced oil
                                                                                recovery, pmn
                                                                                substance two.
P-12-0116....................      12/22/2011       3/20/2012  Huntsman         (S) Interfacial  (G)
                                                                Corporation.     tension          Alkylbenzene
                                                                                reducer for      sulfonate
                                                                                enhanced oill    sodium salt
                                                                                recovery. pmn
                                                                                substance
                                                                                one.;
                                                                                interfacial
                                                                                tension
                                                                                reducer for
                                                                                enhanced oil
                                                                                recovery, pmn
                                                                                substance two.
P-12-0117....................      12/22/2011       3/20/2012  CBI............  (G) Corrosion    (G) Substituted
                                                                                inhibitor        pyridinium
                                                                                component.       salt
P-12-0118....................      12/22/2011       3/20/2012  CBI............  (G) Corrosion    (G) Substituted
                                                                                inhibitor        pyridinium
                                                                                component.       salt
P-12-0119....................      12/22/2011       3/20/2012  CBI............  (G) Additive     (G)
                                                                                for water        Dodeca(lithium
                                                                                soluble ink.     , sodium)-2-
                                                                                ({4-[4-(4-
                                                                                {bis[alkyl-
                                                                                (sulfonatoalko
                                                                                xy)-4-
                                                                                ({sulfonato-
                                                                                [(sulfonato-
                                                                                [(substituted-
                                                                                phenyl)diazeny
                                                                                l]phenyl{time}
                                                                                diazenyl)anil
                                                                                ino]-triazin-
                                                                                yl{time} -6-
                                                                                [alkyl-
                                                                                (sulfonatoalko
                                                                                xy)-4-
                                                                                ({sulfonato-4-
                                                                                [(substituted-
                                                                                phenyl)diazeny
                                                                                l]phenyl)diaze
                                                                                nyl)anilino]pi
                                                                                perazin-yl)-
                                                                                triazin-
                                                                                ylamino]-alkyl-
                                                                                (sulfonatoalko
                                                                                xy)phenyl{time
                                                                                }diazenyl)-5-
                                                                                [(sulfonatophe
                                                                                nyl)diazenyl]b
                                                                                enzenesulfonat
                                                                                e
P-12-0120....................      12/22/2011      03/20/2012  CBI............  (G) Additive     (G) Pentasodium
                                                                                for water        2-
                                                                                soluble ink.     (bis(substitut
                                                                                ed-
                                                                                (substituted-
                                                                                sulfonatopheny
                                                                                l)diazenyl-2-
                                                                                (sulfonatoalko
                                                                                xy)anilino]tri
                                                                                azin-ylamino)
                                                                                alkanesulfonat
                                                                                e
P-12-0121....................      12/27/2011      03/25/2012  Solvay           (G) Cleansing    (G) Organic
                                                                Chemicals, Inc.  component.       peroxide
                                                                                derivative
P-12-0122....................      12/30/2011      03/28/2012  CBI............  (S) Catalyst     (S) Rac-1,2-
                                                                                component for    ethylen-
                                                                                olefin           bis(tetrahydro
                                                                                polymerization.  indenyl)zircon
                                                                                ium dichloride
P-12-0123....................      12/28/2011      03/26/2012  CBI............  (S) Enchancing   (G) 1-alkenes
                                                                                the intensity    copolymer
                                                                                and luster of
                                                                                candles.
P-12-0124....................      12/28/2011      03/26/2012  CBI............  (G) Polymer      (G) 1,2-
                                                                                adjuvant         aliphatic
                                                                                present at a     dicarboxylic
                                                                                concerntration   acid, 1,2-
                                                                                of 10% w/w in    bis(2-
                                                                                a product        methylpropyl)
                                                                                called mh-       ester
                                                                                catalyst.
P-12-0125....................      12/29/2011      03/27/2012  CBI............  (G) Petroleum    (G) Thermolyzed
                                                                                feedstock.       waste plastic
P-12-0126....................      12/30/2011      03/28/2012  Wacker Chemical  (S) Additive     (G) Styrene
                                                                Corporation.     for moulding.    vinyl acetate
                                                                                alkyl(meth)acr
                                                                                ylate
                                                                                copolymer
P-12-0127....................      12/30/2011      03/28/2012  CBI............  (S) Anti-        (G) Benzoic
                                                                                oxidant.         acid,
                                                                                bis(alkyl)-
                                                                                hydroxy-
                                                                                substituted
                                                                                phenyl ester

P-12-0128....................      12/30/2011      03/28/2012  CBI............  (G) Additive     (G) Reaction
                                                                                for water        product of
                                                                                soluble ink.     {mixture of
                                                                                [polysubstitut
                                                                                ed-
                                                                                sulfonylphthal
                                                                                ocyaninato-
                                                                                N(29), N(30),
                                                                                N(31), N(32)]
                                                                                copper(ii) and
                                                                                [polysubstitut
                                                                                ed-sulfonyl
                                                                                (tribenzo-
                                                                                [b,g,l]
                                                                                pyrido[2,3-q]-
                                                                                tetraazaporphy
                                                                                rinato-N(21),
                                                                                N(22), N(23),
                                                                                N(24))]copper(
                                                                                ii) and
                                                                                [polysubstitut
                                                                                ed-
                                                                                sulfonyl(diben
                                                                                zo-[b,g,(or
                                                                                b,l)]dipyrido[
                                                                                2,3 (or 3,2)-
                                                                                l,q(or g,q)]-
                                                                                tetraazaporphy
                                                                                rinato-N(21),
                                                                                N(22), N(23),
                                                                                N(24))]copper(
                                                                                ii) and
                                                                                [substituted-
                                                                                sulfonyl(benzo-
                                                                                [b]
P-12-0129....................      12/30/2011       3/28/2012  CBI............  (G) Additive     (G)
                                                                                for water        Hexa(sodium,
                                                                                soluble ink.     lithium)-4-
                                                                                {[substituted-
                                                                                hydroxy-({4-
                                                                                [alkoxy-
                                                                                sulfonatobenzo
                                                                                thiazolyl)
                                                                                diazenyl]-
                                                                                alkyl-2-
                                                                                (sulfonatoalko
                                                                                xy)phenyl{time
                                                                                }diazenyl)naph
                                                                                thalene-yl]
                                                                                diazenyl{time}
                                                                                -substituted-
                                                                                (sulfonatophen
                                                                                yl)pyrazole-3-
                                                                                carboxylate
----------------------------------------------------------------------------------------------------------------

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the TMEs
received by EPA during this period: The EPA case number assigned to the
TME, the date the TME was received by EPA, the projected end date for
EPA's review of the TME, the submitting manufacturer/importer, the
potential uses identified by the manufacturer/importer in the TME, and
the chemical identity.

                               Table II--2 TMEs Received From 12/19/11 to 12/30/11
----------------------------------------------------------------------------------------------------------------
                                                  Projected
           Case No.             Received date    notice end    Manufacturer  /        Use            Chemical
                                                    date           importer
----------------------------------------------------------------------------------------------------------------
T-12-0004....................      12/22/2011      02/04/2012  CBI............  (G) Corrosion    (G) Substituted
                                                                                inhibitor        pyridinium
                                                                                component.       salt
T-12-0005....................      12/22/2011      02/04/2012  CBI............  (G) Corrosion    (G) Substituted
                                                                                inhibitor        pyridinium
                                                                                component.       salt
----------------------------------------------------------------------------------------------------------------

    In Table III of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
received by EPA during this period: The EPA case number assigned to the
NOC, the date the NOC was received by EPA, the projected end date for
EPA's review of the NOC, and chemical identity.

                              Table III--3 NOCs Received From 12/19/11 to 12/30/11
----------------------------------------------------------------------------------------------------------------
                                                    Commencement
             Case No.               Received date    notice end                       Chemical
                                                        date
----------------------------------------------------------------------------------------------------------------
P-10-0400........................      12/22/2011      12/16/2011  (G) 2-(dimethylamino)ethyl methyl-2-
                                                                    propenoate, polymer with alkyl-substituted
                                                                    methyl-2-propenoate and akyl-substituted-2-
                                                                    propenoate, salt with mono(alkyl-substituted
                                                                    polyalkoxy)butanedione
P-11-0317........................      12/22/2011      12/21/2011  (G) Formaldehyde, reaction products with
                                                                    ethylene-maleic anhydride-propene polymer,
                                                                    aryl amine and succinic anhydride
                                                                    monopolyisobutylene derivates
P-11-0443........................      12/22/2011      11/28/2011  (G) Modified starch acrylate polymer
----------------------------------------------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA as described in Unit II. to access
additional non-CBI information that may be available.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, Imports,
Notice

of commencement, Premanufacturer, Reporting and recordkeeping
requirements, Test marketing exemptions.

    Dated: January 18, 2012.
Chandler Sirmons,
Acting Director, Information Management Office of Pollution Prevention
and Toxics.
[FR Doc. 2012-1924 Filed 1-31-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35352-35353]
[FR Doc No: 2013-13962]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending May 25,
2013

    The following Agreements were filed with the Department of
Transportation under the Sections 412 and 414 of the Federal Aviation
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing
proceedings to enforce these provisions. Answers may be filed within

21 days after the filing of the application.
    Docket Number: DOT-OST-2013-0110.
    Date Filed: May 24, 2013.
    Parties: Members of the International Air Transport Association.
    Subject:

PTC COMP Mail Vote 734.
Resolution 024d Currency Names, Codes.
Rounding Units and Acceptability of Currencies.
South Africa Implementation date: 17 June 2013
(Memo PTC COMP 1713).

    Intended effective date: June 10, 2013.

Barbara J. Hairston,
Acting Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2013-13962 Filed 6-11-13; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Page 71603]
[FR Doc No: 2013-28539]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13213-003--Kentucky Heidelberg Hydroelectric Project]

Lock 14 Hydro Partners, LLC; Notice of Proposed Restricted
Service List for a Programmatic Agreement

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.2010, provides
that, to eliminate unnecessary expense or improve administrative
efficiency, the Secretary may establish a restricted service list for a
particular phase or issue in a proceeding. The restricted service list
should contain the names of persons on the service list who, in the
judgment of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
    The Commission staff is consulting with the Kentucky State Historic
Preservation Officer (SHPO) and the Advisory Council on Historic
Preservation (Advisory Council) pursuant to the Advisory Council's
regulations, 36 CFR part 800, implementing section 106 of the National
Historic Preservation Act, as amended, (16 U.S.C. 470f), to prepare a
Programmatic Agreement for managing properties included in, or eligible
for inclusion in, the National Register of Historic Places at the
proposed Heidelberg Hydroelectric Project.
    The Programmatic Agreement, when executed by the Commission, the
Kentucky SHPO, and the Advisory Council, would satisfy the Commission's
section 106 responsibilities for all individual undertakings carried
out in accordance with the license until the license expires or is
terminated (36 CFR section 800.13 (e)). The Commission's
responsibilities pursuant to section 106 for the project would be
fulfilled through the Programmatic Agreement, which the Commission
staff proposes to draft in consultation with certain parties listed
below.
    Lock 14 Hydro Partners, LLC, as the applicant for Project No.
13213-003, is invited to participate in consultations to develop the
Programmatic Agreement and to sign as a concurring party to the
Programmatic Agreement. For purposes of commenting on the Programmatic
Agreement, we propose to restrict the service list for Project No.
13213-003 as follows:

John Fowler, Executive Director, Advisory Council on Historic
Preservation, The Old Post Office Building, Suite 803, 1100
Pennsylvania Avenue NW., Washington, DC 20004.
Jill Howe, Kentucky Heritage Council, 300 Washington St., Frankfurt, KY
40601.
Philip Mink, Kentucky Heritage Council, 300 Washington St., Frankfurt,
KY 40601.
Jerry Graves, Kentucky River Authority, 627 Wilkinson Blvd., Frankfort,
KY 40601.
David Hamilton, Kentucky River Authority, 627 Wilkinson Blvd.,
Frankfort, KY 40601.
Lisa LaRue-Baker, United Keetoowah Band of Cherokee Indians, P.O. Box
746, Tahlequah, OK 74465.
Michael Striker, Gray & Pape, Inc., 1318 Main St., Cincinnati, OH
45202.
David Brown Kinloch, Lock 14 Hydro Partners, 414 South Wenzel St.,
Louisville, KY 40204.

    Any person on the official service list for the above-captioned
proceedings may request inclusion on the restricted service list, or
may request that a restricted service list not be established, by
filing a motion to that effect within 15 days of this notice date. An
original plus five copies of any such motion must be filed with the
Secretary of the Commission (888 First Street NE., Washington, DC
20426) and must be served on each person whose name appears on the
official service list. If no such motions are filed, the restricted
service list will be effective at the end of the 15 day period.
Otherwise, a further notice will be issued ruling on the motion.

    Dated: November 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-28539 Filed 11-27-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62397-62403]
[FR Doc No: 2016-21615]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2016-0151, 0152, 0154, 0155, 0156, 0157 and 0158; EPA-HQ-
SFUND-2015-0139, 0575 and 0576; FRL-9952-06-OLEM]

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires
that the National Oil and Hazardous Substances Pollution Contingency
Plan (``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``the EPA'' or ``the agency'') in
determining

which sites warrant further investigation. These further investigations
will allow the EPA to assess the nature and extent of public health and
environmental risks associated with the site and to determine what
CERCLA-financed remedial action(s), if any, may be appropriate. This
rule adds ten sites to the General Superfund section of the NPL.

DATES: The document is effective on October 11, 2016.

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,<PHONE_NUMBER>.
    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 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV),
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA
19103; 215/814-3355.
     Cathy Amoroso, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN),
U.S. EPA, 61 Forsyth Street SW., Mailcode 9T25, Atlanta, GA 30303; 404/
562-8637.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445
Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/
665-7436.
     Brian Mitchell, Region 7 (IA, KS, MO, NE), U.S. EPA, 11201
Renner Blvd., Mailcode SUPR/SPEB, Lenexa, KS 66219; 913/551-7633.
     Victor Ketellapper, Region 8 (CO, MT, ND, SD, UT, WY),
U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129;
303/312-6578.
     Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S.
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105;
415/947-4250.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th
Avenue, Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>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, phone<PHONE_NUMBER> or<PHONE_NUMBER> 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. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. 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. 9601-9675 (``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 99-499, 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 105(a)(8)(A) 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. 9601(23)).

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 105(a)(8)(B) of CERCLA,
as amended. Section 105(a)(8)(B) 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 release of hazardous substances, pollutants or
contaminants. The NPL is of only limited significance, however, as it
does not assign liability to any party or to the owner of any specific
property. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by the EPA (the
``General Superfund section'') and one of sites that are owned or
operated by other federal agencies (the ``Federal Facilities
section''). With respect to sites in the Federal Facilities section,
these sites are generally being addressed by other federal agencies.
Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA
section 120, each federal agency is responsible for carrying out most
response actions at facilities under its own jurisdiction, custody or
control, although the EPA is responsible for preparing a Hazard Ranking
System (``HRS'') score and determining whether the facility is placed
on the NPL.

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the HRS,
which the EPA promulgated as appendix A of the NCP (40 CFR part 300).
The HRS serves as a screening tool to evaluate the relative potential
of uncontrolled hazardous substances, pollutants or contaminants to
pose a threat to human health or the environment. On December 14, 1990
(55 FR 51532), the EPA promulgated revisions to the HRS partly in
response to CERCLA section 105(c), added by SARA. The revised HRS
evaluates four pathways: Ground water, surface water, soil exposure and
air. As a matter of agency policy, those sites that score 28.50 or
greater on the HRS are eligible for the NPL. (2) Each state may
designate a single site as its top priority to be listed on the NPL,
without any HRS score. This provision of CERCLA requires that, to the
extent practicable, the NPL include one facility designated by each
state as the greatest danger to public health, welfare or the
environment among known facilities in the state. This mechanism for
listing is set out in the NCP at 40 CFR 300.425(c)(2). (3) The third
mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3),
allows certain sites to be listed without any HRS score, if all of the
following conditions are met:
     The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant
threat to public health.
     The EPA anticipates that it will be more cost-effective to
use its remedial authority than to use its removal authority to respond
to the release.
    The EPA promulgated an original NPL of 406 sites on September 8,
1983 (48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with a
permanent remedy, taken instead of or in addition to removal actions''
(40 CFR 300.5)). However, under 40 CFR 300.425(b)(2), placing a site on
the NPL ``does not imply that monies will be expended.'' The EPA may
pursue other appropriate authorities to respond to the releases,
including enforcement action under CERCLA and other laws.

F. Does the NPL define the boundaries of sites?

    The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so. Indeed, the precise nature and extent of
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance has ``come to be located'' (CERCLA
section 101(9)), the listing process itself is not intended to define
or reflect the boundaries of such facilities or releases. Of course,
HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. However, the NPL site is not necessarily
coextensive with the boundaries of the installation or plant, and the
boundaries of the installation or plant are not necessarily the
``boundaries'' of the site. Rather, the site consists of all
contaminated areas within the area used to identify the site, as well
as any other location where that contamination has come to be located,
or from where that contamination came.
    In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. Plant site'') in terms of the property
owned by a particular party, the site, properly understood, is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to, nor confined by,
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. In addition, the site name is merely used to
help identify the geographic location of the contamination, and is not
meant to constitute any determination of liability at a site. For
example, the name ``Jones Co. plant site,'' does not imply that the
Jones Company is responsible for the contamination located on the plant
site.
    EPA regulations provide that the remedial investigation (``RI'')
``is a process undertaken . . . to determine the nature and extent of
the problem presented by the release'' as more information is developed
on site contamination, and which is generally performed in an
interactive fashion with the feasibility study (``FS'') (40 CFR 300.5).
During the RI/FS process, the release may be found to be larger or
smaller than was originally thought, as more is learned about the
source(s) and the migration of the contamination. However, the HRS
inquiry focuses on an evaluation of the threat posed and therefore the
boundaries of the release need not be exactly defined. Moreover, it
generally is impossible to discover the full extent of where the
contamination ``has come to be located'' before all necessary studies
and remedial work are completed at a site. Indeed, the known 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
300.425(e). 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 Superfund-financed 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)?

    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
EPA's Internet site at https://www.epa.gov/superfund/superfund-remedial-performance-measures#cc_anchor.

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-for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. 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/about-superfund-cleanup-process#tab-9.

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

    In order to maintain close coordination with states and tribes in
the NPL listing decision process, the EPA's 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 Web site: https://www.epa.gov/superfund/statetribal-correspondence-concerning-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 EPA's 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 EPA's Web site at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.htm.

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
http://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.

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
              Site name                   City/county, State                      Docket ID No.
----------------------------------------------------------------------------------------------------------------
Argonaut Mine........................  Jackson, CA............  EPA-HQ-OLEM-2016-0151
Bonita Peak Mining District..........  San Juan County, CO....  EPA-HQ-OLEM-2016-0152
West Vermont Drinking Water            Indianapolis, IN.......  EPA-HQ-SFUND-2015-0575
 Contamination.
SBA Shipyard.........................  Jennings, LA...........  EPA-HQ-SFUND-2015-0576
Anaconda Aluminum Co Columbia Falls    Columbia Falls, MT.....  EPA-HQ-SFUND-2015-0139
 Reduction Plant.
Wappinger Creek......................  Dutchess County, NY....  EPA-HQ-OLEM-2016-0155
Valley Pike VOCs.....................  Riverside, OH..........  EPA-HQ-OLEM-2016-0154
Dorado Ground Water Contamination....  Dorado, PR.............  EPA-HQ-OLEM-2016-0156
Eldorado Chemical Co., Inc...........  Live Oak, TX...........  EPA-HQ-OLEM-2016-0157

North 25th Street Glass and Zinc.....  Clarksburg, WV.........  EPA-HQ-OLEM-2016-0158
----------------------------------------------------------------------------------------------------------------

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 and a list of documents referenced in the
documentation record for each 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.

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/national-priorities-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 ten sites to the General
Superfund section of the NPL. These sites are being added to the NPL
based on HRS score.
    General Superfund section:

------------------------------------------------------------------------
        State                Site name                City/county
------------------------------------------------------------------------
CA...................  Argonaut Mine........  Jackson.
CO...................  Bonita Peak Mining     San Juan County.
                        District.
IN...................  West Vermont Drinking  Indianapolis.
                        Water Contamination.
LA...................  SBA Shipyard.........  Jennings.
MT...................  Anaconda Aluminum Co   Columbia Falls.
                        Columbia Falls
                        Reduction Plant.
NY...................  Wappinger Creek......  Dutchess County.
OH...................  Valley Pike VOCs.....  Riverside.
PR...................  Dorado Ground Water    Dorado.
                        Contamination.
TX...................  Eldorado Chemical      Live Oak.
                        Co., Inc.
WV...................  North 25th Street      Clarksburg.
                        Glass and Zinc.
------------------------------------------------------------------------

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 ten sites to
the NPL in this final rule, all to the General Superfund section.
Comments on the Bonita Peak Mining District (San Juan County, CO), West
Vermont Drinking Water Contamination (Indianapolis, IN), SBA Shipyard
(Jennings, LA) and Anaconda Aluminum Co Columbia Falls Reduction Plant
(Columbia Falls, MT) sites are addressed in a response to comment
support document available in the public docket concurrently with this
rule.
    The remaining six sites being added to the NPL in this rule did not
receive any comments urging specific changes to the HRS score. The
Valley Pike VOCs (Riverside, OH) site received no comments. The Dorado
Ground Water Contamination (Dorado, PR) and Eldorado Chemical Co., Inc.
(Live Oak, TX) sites both received only erroneous comments that were
meant for other sites but were directed to incorrect docket numbers.
    The Argonaut Mine (Jackson, CA) site received two comments urging
EPA to list, one from a citizen and one from the Mayor of the City of
Jackson. In response, EPA is placing the Argonaut Mine site on the NPL.
    The Wappinger Creek (Dutchess County, NY) site received three
comments, all urging EPA to list the site, one from a citizen, one
anonymous and one from Senator Gillibrand. In response, EPA is placing
the Wappinger Creek site on the NPL.
    The North 25th Street Glass and Zinc (Clarksburg, WV) site received
nine comments. Three of those comments were erroneous comments directed
toward the incorrect docket. Three of the comments urged EPA to list
the site and two urged EPA to clean up the site. One comment raised
objections to tax payer money being wasted on hazardous waste lawsuits.
In response, nothing raised in this comment impacted the HRS score or
the decision to list the site on the NPL. Therefore, EPA is adding the
North 25th Street Glass and Zinc site to the NPL.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/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.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This rule does not contain any information collection
requirements that require approval of the OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities

under the RFA. This action will not impose any requirements on small
entities. This rule listing sites on the NPL does not impose any
obligations on any group, including small entities. This rule also does
not establish standards or requirements that any small entity must
meet, and imposes no direct costs on any small entity. Whether an
entity, small or otherwise, is liable for response costs for a release
of hazardous substances depends on whether that entity is liable under
CERCLA 107(a). Any such liability exists regardless of whether the site
is listed on the NPL through this rulemaking.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector. Listing a
site on the NPL does not itself impose any costs. Listing does not mean
that the EPA necessarily will undertake remedial action. Nor does
listing require any action by a private party, state, local or tribal
governments or determine liability for response costs. Costs that arise
out of site responses result from future site-specific decisions
regarding what actions to take, not directly from the act of placing a
site on the NPL.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. Listing a site on the NPL does not impose any
costs on a tribe or require a tribe to take remedial action. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because this action itself is procedural in
nature (adds sites to a list) and does not, in and of itself, provide
protection from environmental health and safety risks. Separate future
regulatory actions are required for mitigation of environmental health
and safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations because it does not affect the level of
protection provided to human health or the environment. As discussed in
Section I.C. of the preamble to this action, the NPL is a list of
national priorities. 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 release of hazardous substances, pollutants or contaminants. The
NPL is of only limited significance as it does not assign liability to
any party. Also, placing a site on the NPL does not mean that any
remedial or removal action necessarily need be taken.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
    Provisions of the Congressional Review Act (CRA) or section 305 of
CERCLA may alter the effective date of this regulation. Under 5 U.S.C.
801(b)(1), a rule shall not take effect, or continue in effect, if
Congress enacts (and the President signs) a joint resolution of
disapproval, described under section 802. Another statutory provision
that may affect this rule is CERCLA section 305, which provides for a
legislative veto of regulations promulgated under CERCLA. Although INS
v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of
the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir.
1996), cast the validity of the legislative veto into question, the EPA
has transmitted a copy of this regulation to the Secretary of the
Senate and the Clerk of the House of Representatives.
    If action by Congress under either the CRA or CERCLA section 305
calls the effective date of this regulation into question, the EPA will
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Dated: September 1, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.
    40 CFR part 300 is amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p.193.

0
2. Table 1 of appendix B to part 300 is amended by adding entries for
``Argonaut Mine'', ``Bonita Peak Mining District'', ``West Vermont
Drinking Water Contamination'', ``SBA Shipyard'', ``Anaconda Aluminum
Co Columbia Falls Reduction Plant'', ``Wappinger Creek'', ``Valley Pike
VOCs'', ``Dorado Ground Water Contamination'', ``Eldorado Chemical Co.,
Inc.'', and ``North 25th Street Glass and Zinc'' in alphabetical order
by state to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General superfund section
----------------------------------------------------------------------------------------------------------------
           State                   Site name                   City/county                     Notes \a\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CA.........................  Argonaut Mine........  Jackson.........................

                                                  * * * * * * *
CO.........................  Bonita Peak Mining     San Juan County.................
                              District.

                                                  * * * * * * *
IN.........................  West Vermont Drinking  Indianapolis....................
                              Water Contamination.

                                                  * * * * * * *
LA.........................  SBA Shipyard.........  Jennings........................
MT.........................  Anaconda Aluminum Co   Columbia Falls..................
                              Columbia Falls
                              Reduction Plant.
NY.........................  Wappinger Creek......  Dutchess County.................

                                                  * * * * * * *
OH.........................  Valley Pike VOCs.....  Riverside.......................

                                                  * * * * * * *
PR.........................  Dorado Ground Water    Dorado..........................
                              Contamination.

                                                  * * * * * * *
TX.........................  Eldorado Chemical      Live Oak........................
                              Co., Inc..
WV.........................  North 25th Street      Clarksburg......................
                              Glass and Zinc.
----------------------------------------------------------------------------------------------------------------
\a\ A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).

* * * * *
[FR Doc. 2016-21615 Filed 9-8-16; 8:45 am]
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