[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Notices]
[Pages 47988-47989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19789]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6846-1]
Notification of Proposed Policy Change; Superfund Construction
Completion List
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed policy change.
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SUMMARY: The Environmental Protection Agency (EPA) is today proposing
to revise its policy with respect to the Construction Completion
category established in the National Priorities List (NPL) under the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (CERCLA). Existing Agency
[[Page 47989]]
policy had limited sites eligible for inclusion to the Construction
Completion List (CCL) to sites that are on the NPL at the time a
determination is made that all physical construction has been
completed. As a result, deleted sites would never qualify for the CCL
if physical construction remains at the time of deletion from the NPL.
The proposed policy would allow all sites that are on the NPL or
have been deleted from the NPL to be eligible for the CCL when all
physical construction under all authorities is complete and all other
applicable construction completion policy criteria have been satisfied.
This will allow Superfund to track and report completion of all
construction activities at NPL sites.
DATES: Comments on the proposed policy change must be submitted by
September 5, 2000.
ADDRESSES: Send comments to: Mr. Richard Jeng, Office of Emergency and
Remedial Response (5204-G), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Jeng, Office of Emergency
and Remedial Response (5204-G), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW, Washington, DC 20460 at (703) 603-8749 or
e-mail [email protected] or the RCRA/Superfund Hotline from 8:30
a.m. to 7:30 p.m., Monday-Friday, toll free at 1-(800)-424-9346.
SUPPLEMENTARY INFORMATION:
A. Background
During the initial years of the Superfund program, outside
audiences often measured Superfund's progress in cleaning up sites by
the number of sites deleted from the NPL as compared to the number of
sites on the NPL. This measure, however, did not and still does not
fully recognize the substantial construction and reduction of risk to
human health and the environment that has occurred at NPL sites. In
response, the National Contingency Plan Preamble Federal Register (FR)
Notice (55 FR 8699, March 8, 1990) established a Construction
Completion category of NPL sites to more clearly communicate to the
public the status of cleanup progress among sites on the NPL.
A later Notification of Policy Change Federal Register Notice (58
FR 12142, March 2, 1993) introduced the Superfund Construction
Completions List (CCL) ``* * * to simplify its system of categorizing
sites and to better communicate the successful completion of cleanup
activities.'' A total of 155 sites were included on this initial list.
The same notice that introduced the CCL also indicated that ``* * *
deleted sites will not qualify for the CCL if physical construction
remains to be conducted under another statutory authority.'' As a
result, EPA adopted the policy where only sites on the NPL (i.e., not
proposed or deleted sites) should qualify for inclusion to the CCL. In
EPA's Close Out Procedures for National Priorities List Sites (Office
of Solid Waste and Emergency Response Directive 9320.2-09 A-P, January
2000) guidance, EPA defined a construction completion site as a former
toxic waste site where physical construction of all cleanup actions is
complete, all immediate threats have been addressed, and all long-term
threats are under control.
B. Notice of Proposed Policy Change
Construction Completion List (CCL) will now include sites deleted
from the NPL.
EPA now believes it is important to assess all NPL Superfund sites,
including those that have been deleted, to ensure that all construction
of response actions has been completed. In doing so, EPA believes that
although a site is deleted from the Superfund NPL, it should be
accounted for on the CCL when EPA determines that all physical
construction is complete under all statutory authorities and all
applicable construction completion policy criteria have been satisfied.
Any previously listed NPL Superfund site added to the CCL as a result
of this proposed policy change will be subject to all report
documentation requirements as currently required for construction
completions at NPL sites. Program projections indicate that this
proposed policy revision could eventually affect up to eight sites
currently deleted from the NPL. This includes sites deleted from the
NPL as a result of deferral of physical construction to another
authority. Should the proposed policy change become effective during
the current fiscal year, one of the eight sites will have all physical
construction completed under all authorities and will be added to the
CCL in fiscal year 2000.
Notice: This document does not substitute for EPA's statutes or
regulations, nor is it a regulation itself. Thus, it does not impose
legally-binding requirements on EPA, states, or the regulated
community. EPA may change this guidance in the future, as appropriate.
Dated: July 27, 2000.
Timothy Fields, Jr.,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 00-19789 Filed 8-3-00; 8:45 am]
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