Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA, 28009-28012 [2017-12841]

Download as PDF Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a stationary safety zone lasting approximately 48 hours, a moving safety zone lasting approximately one hour that will prohibit transit within 500 feet of the two barges and assist vessels carrying the bridge span, and a stationary safety zone lasting approximately three hours that will prohibit transit within 600 feet of the existing bridge during explosives demolition operations at each onshore approach span. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration (REC) for Categorically Excluded Actions is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: asabaliauskas on DSKBBXCHB2PROD with RULES ■ Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–1048 to read as follows: ■ VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 § 165.T01–1048 Safety Zone; Kosciuszko Bridge Construction, Newtown Creek, Brooklyn and Queens, NY. (a) Location. (1) The following area is a safety zone: All waters from surface to bottom of Newtown Creek within 500 feet of the two barges and assist vessels while lowering and securing the existing Kosciuszko Bridge center span at mile 2.1 to the two barges. This area is bound by the following approximate positions: northwest of a line drawn from 40°43′34.9″ N., 073°55′42.0″ W. to 40°43′36.8″ N., 073°55′39.8″ W. (approximately 500 feet south (upstream) of the Kosciuszko Bridge at mile 2.1), and southeast of a line drawn from 40°43′40.6″ N., 073°55′52.8″ W. to 40°43′43.1″ N., 073°55′49.9″ W. (approximately 500 feet downstream of the Kosciuszko Bridge at mile 2.1) (NAD 83). (2) The following area is a moving safety zone: All waters from surface to bottom of Newtown Creek within 500 feet of the two barges and assist vessels while transiting Newtown Creek between Latitude 40°43′30.0″ N. (approximately 370 yards south (upstream) of the Kosciuszko Bridge at mile 2.1), and east of a line drawn from the following approximate positions: 40°44′17.1″ N., 073°57′45.6″ W. to 40°44′10.4″ N., 073°57′45.6″ W. (at the confluence with the East River) (NAD 83). (b) Definitions. The following definitions apply to this section: (1) Designated Representative. A ‘‘designated representative’’ is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the COTP to act on his or her behalf. A designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (2) Official Patrol Vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP. (c) Enforcement Periods. (1) This safety zone is effective from June 21, 2017 to December 31, 2017 but will only be enforced when active center span lowering, securing, and towing operations are in progress. (2) The Coast Guard will rely on marine broadcasts and local notice to mariners to notify the public of the time and duration that the safety zone will be enforced. Violations of this safety zone may be reported to the COTP at 718– 354–4353 or on VHF-Channel 16. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 28009 (d) Regulations. (1) The general regulations contained in 33 CFR 165.23, as well as the following regulations, apply. (2) During periods of enforcement, all persons and vessels must comply with all orders and directions from the COTP or a COTP’s designated representative. (3) During periods of enforcement, upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of the vessel must proceed as directed. Dated: June 1, 2017. Michael H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2017–12855 Filed 6–19–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 312 [EPA–HQ–OLEM–2016–0786; FRL–9958– 47–OLEM] Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to amend the Standards and Practices for All Appropriate Inquiries to update an existing reference to a standard practice recently revised by ASTM International, a widely recognized standards development organization. Specifically, this direct final rule amends the All Appropriate Inquiries Rule to reference ASTM International’s E2247–16 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property’’ and allow for its use to satisfy the statutory requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). DATES: This rule is effective on September 18, 2017, without further notice, unless EPA receives adverse comment by July 20, 2017. If EPA receives such comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OLEM–2016–0786 at https:// www.regulations.gov. Follow the online SUMMARY: E:\FR\FM\20JNR1.SGM 20JNR1 28010 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 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. FOR FURTHER INFORMATION, CONTACT: For general information, contact the CERCLA Call Center at 800–424–9346 or TDD 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, call 703–412–9810 or TDD 703– 412–3323. For more detailed information on specific aspects of this rule, contact Patricia Overmeyer, Office of Brownfields and Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460–0002, 202– 566–2774, or overmeyer.patricia@ epa.gov. SUPPLEMENTARY INFORMATION: I. General Information asabaliauskas on DSKBBXCHB2PROD with RULES A. Why is EPA using a Direct Final Rule? EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment as this action is just revising an existing reference in part 312 to the updated version of a standard practice recently made available by ASTM International (E2247–16). However, in the ‘‘Proposed Rules’’ section of this Federal Register, we are publishing a separate document that will serve as the proposed rule if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. B. Does this action apply to me? This action offers certain parties the option of using an available industry standard to conduct all appropriate inquiries at certain properties. Parties purchasing large tracts of forested land and parties purchasing large rural properties may use the ASTM E2247–16 standard practice to comply with the all appropriate inquiries requirements of CERCLA. This rule does not require any entity to use this standard. Any party who wants to claim protection from liability under CERCLA may follow the regulatory requirements of the All Appropriate Inquiries Rule at 40 CFR part 312, use the ASTM E1527–13 Standard Practice for Phase I Environmental Site Assessments to comply with the all appropriate inquiries provision of CERCLA, or use the standard recognized in this direct final rule, the ASTM E2247–16 standard. Entities potentially affected by this action, or who may choose to use the newly referenced ASTM standard to perform all appropriate inquiries, include public and private parties who, as bona fide prospective purchasers, contiguous property owners, or innocent landowners, are purchasing large tracts of forested lands or large rural properties and intend to claim a limitation on CERCLA liability in conjunction with the property purchase. In addition, any entity conducting a site characterization or assessment on a property that consists of large tracts of forested land or a large rural property with a brownfields grant awarded under CERCLA Section 104(k)(2)(B)(ii) may be affected by this action. This includes state, local and Tribal governments that receive brownfields site assessment grants. A summary of the potentially affected industry sectors (by North American Industry Classification System (NAICS) codes) is displayed in the table below. Industry category Real Estate .............. Insurance ................. Banking/Real Estate Credit. Environmental Consulting Services. State, Local and Tribal Government. Federal Government PO 00000 Frm 00044 NAICS code 531 52412 52292 54162 926110, 925120 925120, 921190, 924120 Fmt 4700 Sfmt 4700 The list of potentially affected entities in the above table may not be exhaustive. Our aim is to provide a guide for readers regarding those entities that EPA is aware potentially could be affected by this action. However, this action may affect other entities not listed in the table. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding section entitled FOR FURTHER INFORMATION CONTACT. C. Statutory Authority This direct final rule amends the All Appropriate Inquiries Rule setting federal standards for the conduct of ‘‘all appropriate inquiries’’ at 40 CFR part 312. The All Appropriate Inquiries Rule sets forth standards and practices necessary for fulfilling the requirements of CERCLA section 101(35)(B) as required to obtain CERCLA liability relief and for conducting site characterizations and assessments with the use of brownfields grants per CERCLA section 104(k)(2)(B)(ii). II. Background On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (‘‘the Brownfields Amendments’’). In general, the Brownfields Amendments to CERCLA provide funds to assess and clean up brownfields sites; clarifies CERCLA liability provisions related to innocent purchasers of contaminated properties; and provides funding to enhance State and Tribal cleanup programs. In part, subtitle B of the Brownfields Amendments revises some of the provisions of CERCLA section 101(35) and limits Superfund liability under Section 107 for bona fide prospective purchasers and contiguous property owners, in addition to clarifying the requirements necessary to establish the innocent landowner defense under CERCLA. The Brownfields Amendments clarified the requirement that parties purchasing potentially contaminated property undertake ‘‘all appropriate inquiries’’ into prior ownership and use of property prior to purchasing the property in order to qualify for protection from CERCLA liability. The Brownfields Amendments required EPA to develop regulations establishing standards and practices for how to conduct all appropriate inquiries. EPA promulgated regulations that set standards and practices for all appropriate inquiries on November 1, 2005 (70 FR 66070). In the final regulation, EPA referenced, and recognized as compliant with the final E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES rule, the ASTM E1527–05 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.’’ The regulation was amended in December 2013 to recognize the revised ASTM E1527–13, ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (78 FR 79319). EPA also amended the All Appropriate Inquiries Rule in December 2008 to recognize another ASTM standard as compliant with the final rule, the ASTM E2247–08 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property’’ (73 FR 78716). Therefore, the All Appropriate Inquiries Rule (40 CFR part 312) currently allows for the use of both the ASTM E1527–13 and the ASTM E2247– 08 standards to conduct all appropriate inquiries, in lieu of following requirements included in the final rule. Note that in October 2014, EPA withdrew the reference to the ASTM E1527–05 standard from the AAI rule (79 FR 60087). Since EPA promulgated the All Appropriate Inquiries Rule setting standards and practices for the conduct of all appropriate inquiries, ASTM International published a revised Phase I site assessment standard for conducting Phase I environmental site assessments of large tracts of rural and forestland properties. This standard, ASTM E2247–16, ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property,’’ was reviewed by EPA, in response to a request for its review by ASTM International, and determined by EPA to be compliant with the requirements of the All Appropriate Inquiries Rule. II. What does this action do? This direct final rule amends the All Appropriate Inquiries Rule to allow the use of the recently revised ASTM standard, E2247–16, for conducting all appropriate inquiries, as required under CERCLA for establishing the innocent landowner defense, as well as qualifying for the bona fide prospective purchaser and contiguous property owner liability protections. Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113, section 12(d) (15 U.S.C. 272)) directs agencies to use technical standards that are developed or adopted by voluntary consensus standards bodies, unless their use would be inconsistent with applicable law or otherwise VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 impracticable. ASTM International is an internationally recognized voluntary consensus standard body. The ASTM E2247–16 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property’’ includes an environmental site assessment process that EPA finds is not inconsistent with the standards and practices included in the All Appropriate Inquiries Rule. With this action, EPA is establishing that, parties seeking liability relief under CERCLA’s landowner liability protections, as well as recipients of brownfields grants for conducting site assessments, will be considered to be in compliance with the requirements for all appropriate inquiries, as required in the Brownfields Amendments to CERCLA, if such parties satisfy the applicability requirements and comply with the procedures provided in the ASTM E2247–16, ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.’’ EPA determined that it is reasonable to promulgate this clarification as a direct final rule that is effective 90 days from the date of publication in the Federal Register, rather than delay promulgation of the clarification until after receipt and consideration of public comments. EPA made this determination based upon the Agency’s finding that the ASTM E2247– 16 standard is ‘‘not inconsistent with,’’ and compliant with the All Appropriate Inquiries Rule and the Agency sees no reason to delay allowing for its use in conducting all appropriate inquiries. The Agency notes that this action does not require any party to use the ASTM E2247–16 standard. Any party conducting all appropriate inquiries to comply with the CERCLA requirements at section 101(35)(B) for the innocent landowner defense, the contiguous property owner liability protection, or the bona fide prospective purchaser liability protection may continue to follow the provisions of the All Appropriate Inquiries Rule at 40 CFR part 312, use the ASTM E1527–13 Standard or use the ASTM E2247–16 standard, as applicable. In taking this action, the Agency is allowing for the use of an additional recognized standard or customary business practice, in complying with a federal regulation. This action does not require any person to use the newly revised standard. This action merely allows for the use of ASTM International’s E2247–16 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 28011 Site Assessment Process for Forestland or Rural Property’’ for those parties purchasing relatively large tracts of rural property or forestlands who want to use the ASTM E2247–16 standard in lieu of the following specific requirements of the all appropriate inquiries rule or the ASTM E1527–13 standard. The Agency notes that there are no significant differences between the regulatory requirements in the All Appropriate Inquiries Rule and the standards and practices included in the two ASTM standards (ASTM E1527–13 and ASTM E2247–16). To facilitate an understanding of the revisions to the ASTM E2247–08 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Standard for Forestland or Rural Property, which was recognized by EPA as compliant with the requirements of the all appropriate inquiries regulation in 2013, and the revised ASTM E2247– 16 Standard, which replaces the ASTM E2247–08 standard, EPA developed, and placed in the docket for this action, the document ‘‘Summary of Updates and Revisions to ASTM E2247 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.’’ Also in the docket for this action is the document ‘‘Comparison of the All Appropriate Inquiries Regulation, the ASTM E1527– 13 Phase I Environmental Site Assessment Process and the ASTM E2247–16 Phase I Environmental Site Assessment Process for Forestland or Rural Property Standard.’’ This document provides an overview of the similarities and slight differences between the AAI regulatory requirements and the requirements included in the two ASTM phase I environmental site assessment standards. This action includes no changes to the All Appropriate Inquiries Rule other than to update the reference in the regulation for the ASTM E2247 standard. This action replaces the reference to the ASTM E2247–08 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property’’ in the All Appropriate Inquiries Rule with the updated ASTM E2247–16 standard of the same name. EPA is not seeking comments on the standards and practices included in the final rule published at 40 part 312. Also, EPA is not seeking comments on the ASTM E2247–16 standard. EPA’s only action with this direct final rule is recognition of the ASTM E2247–16 standard as compliant with the final rule, and E:\FR\FM\20JNR1.SGM 20JNR1 28012 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations therefore it is only this action on which the Agency is seeking comment. asabaliauskas on DSKBBXCHB2PROD with RULES IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011), this action is not a ‘‘significant regulatory action’’ and is therefore not subject to OMB review. Further, this action will not have a significant impact on a substantial number of small entities and, as a result, is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate or the private sector in any one year, and does not contain regulatory requirements that might significantly or uniquely affect small governments, it is not subject to Sections 202, 203, and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104–4). This action does not create new binding legal requirements that substantially and directly affect Tribes under Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not have significant Federalism implications under Executive Order 13132 (64 FR 43255, August 10, 1999). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). A. National Technology Transfer and Advancement Act (NTTAA) This action involves technical standards. This action allows for the use of the ASTM International Standard known as Standard E2247–16 and entitled ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.’’ VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 B. Congressional Review Act This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of 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). List of Subjects in 40 CFR Part 312 Environmental Protection, Administrative practice and procedure, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements, Superfund. Dated: June 12, 2017. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management. For the reasons set out in the preamble, the Environmental Protection Agency amends title 40 chapter I of the code of Federal Regulations as follows: PART 312—INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE INQUIRIES 1. The authority citation for part 312 continues to read as follows: ■ Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 9601(35)(B). 2. Section 312.11 is amended by revising paragraph (a) to read as follows: ■ § 312.11 References. * * * * * (a) The procedures of ASTM International Standard E2247–16 entitled ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.’’ This standard is available from ASTM International at www.astm.org, 1–610–832–9585. * * * * * [FR Doc. 2017–12841 Filed 6–19–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 161223999–7438–03] RIN 0648–BG61 Pacific Halibut Fisheries; Catch Sharing Plan; Correction National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. On April 20, 2017, NMFS published a final rule to implement the portions of the Pacific Halibut Catch Share Plan (Plan) and management measures that are not regulated through the International Pacific Halibut Commission (IPHC), including the sport fishery allocations and management measures for the IPHC’s regulatory Area 2A off Washington, Oregon, and California (Area 2A). This regulation corrects the opening dates for the 2017 sport fishery in the Columbia River subarea (Leadbetter Point, WA to Cape Falcon, OR); these were incorrect in the original rule. DATES: This correction is effective June 19, 2017. FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206–526– 6147, fax: 206–526–6736, or email: gretchen.hanshew@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction On April 20, 2017, NMFS published a final rule (82 FR 18581) that implemented the Plan and management measures that are not regulated through the IPHC, including the sport fishery allocations and management measures for the IPHC’s regulatory Area 2A. Subsequent to publication in the Federal Register, two typographical errors were noted in the section ‘‘2017 Sport Management Measures,’’ in the Columbia River subarea. On page 18583, in the last line of the third column, an incorrect date was provided for the opening of the nearshore fishery in the Columbia River subarea. This rule corrects the date to be consistent with the Plan and state regulations. The Plan describes that the nearshore fishery in this subarea opens subsequent to the all-depth fishery, on the first Monday following the opening of the all-depth fishery. State regulations correctly announced the 2017 date that conforms with the Plan framework, Monday, May 8, 2017. On page 18584, in the fifth line of the first column, an incorrect date was provided for the opening of the alldepth fishery in the Columbia River subarea. This rule corrects the date to be consistent with the Plan and state regulations. The Plan describes that the all-depth fishery in this subarea opens the first Thursday of May, or on May 1 if it is a Friday, Saturday or Sunday. State regulations correctly announced the 2017 date that conforms with the Plan framework, Thursday, May 4, 2017. E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28009-28012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12841]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-OLEM-2016-0786; FRL-9958-47-OLEM]

Amendment to Standards and Practices for All Appropriate
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to amend the Standards and
Practices for All Appropriate Inquiries to update an existing reference
to a standard practice recently revised by ASTM International, a widely
recognized standards development organization. Specifically, this
direct final rule amends the All Appropriate Inquiries Rule to
reference ASTM International's E2247-16 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Property'' and allow for its use to
satisfy the statutory requirements for conducting all appropriate
inquiries under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA).

DATES: This rule is effective on September 18, 2017, without further
notice, unless EPA receives adverse comment by July 20, 2017. If EPA
receives such comment, we will publish a timely withdrawal in the
Federal Register informing the public that this direct final rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2016-0786 at https://www.regulations.gov. Follow the online

[[Page 28010]]

instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 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.

FOR FURTHER INFORMATION, CONTACT: For general information, contact the
CERCLA Call Center at 800-424-9346 or TDD 800-553-7672 (hearing
impaired). In the Washington, DC metropolitan area, call 703-412-9810
or TDD 703-412-3323. For more detailed information on specific aspects
of this rule, contact Patricia Overmeyer, Office of Brownfields and
Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0002, 202-566-2774, or
overmeyer.patricia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is EPA using a Direct Final Rule?

EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment as this action is just revising an existing reference in part
312 to the updated version of a standard practice recently made
available by ASTM International (E2247-16). However, in the ``Proposed
Rules'' section of this Federal Register, we are publishing a separate
document that will serve as the proposed rule if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

B. Does this action apply to me?

This action offers certain parties the option of using an available
industry standard to conduct all appropriate inquiries at certain
properties. Parties purchasing large tracts of forested land and
parties purchasing large rural properties may use the ASTM E2247-16
standard practice to comply with the all appropriate inquiries
requirements of CERCLA. This rule does not require any entity to use
this standard. Any party who wants to claim protection from liability
under CERCLA may follow the regulatory requirements of the All
Appropriate Inquiries Rule at 40 CFR part 312, use the ASTM E1527-13
Standard Practice for Phase I Environmental Site Assessments to comply
with the all appropriate inquiries provision of CERCLA, or use the
standard recognized in this direct final rule, the ASTM E2247-16
standard.
Entities potentially affected by this action, or who may choose to
use the newly referenced ASTM standard to perform all appropriate
inquiries, include public and private parties who, as bona fide
prospective purchasers, contiguous property owners, or innocent
landowners, are purchasing large tracts of forested lands or large
rural properties and intend to claim a limitation on CERCLA liability
in conjunction with the property purchase. In addition, any entity
conducting a site characterization or assessment on a property that
consists of large tracts of forested land or a large rural property
with a brownfields grant awarded under CERCLA Section 104(k)(2)(B)(ii)
may be affected by this action. This includes state, local and Tribal
governments that receive brownfields site assessment grants. A summary
of the potentially affected industry sectors (by North American
Industry Classification System (NAICS) codes) is displayed in the table
below.

------------------------------------------------------------------------
Industry category NAICS code
------------------------------------------------------------------------
Real Estate....................... 531
Insurance......................... 52412
Banking/Real Estate Credit........ 52292
Environmental Consulting Services. 54162
State, Local and Tribal Government 926110, 925120
Federal Government................ 925120, 921190, 924120
------------------------------------------------------------------------

The list of potentially affected entities in the above table may
not be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other entities not listed in
the table. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

C. Statutory Authority

This direct final rule amends the All Appropriate Inquiries Rule
setting federal standards for the conduct of ``all appropriate
inquiries'' at 40 CFR part 312. The All Appropriate Inquiries Rule sets
forth standards and practices necessary for fulfilling the requirements
of CERCLA section 101(35)(B) as required to obtain CERCLA liability
relief and for conducting site characterizations and assessments with
the use of brownfields grants per CERCLA section 104(k)(2)(B)(ii).

II. Background

On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization Act (``the Brownfields
Amendments''). In general, the Brownfields Amendments to CERCLA provide
funds to assess and clean up brownfields sites; clarifies CERCLA
liability provisions related to innocent purchasers of contaminated
properties; and provides funding to enhance State and Tribal cleanup
programs. In part, subtitle B of the Brownfields Amendments revises
some of the provisions of CERCLA section 101(35) and limits Superfund
liability under Section 107 for bona fide prospective purchasers and
contiguous property owners, in addition to clarifying the requirements
necessary to establish the innocent landowner defense under CERCLA. The
Brownfields Amendments clarified the requirement that parties
purchasing potentially contaminated property undertake ``all
appropriate inquiries'' into prior ownership and use of property prior
to purchasing the property in order to qualify for protection from
CERCLA liability.
The Brownfields Amendments required EPA to develop regulations
establishing standards and practices for how to conduct all appropriate
inquiries. EPA promulgated regulations that set standards and practices
for all appropriate inquiries on November 1, 2005 (70 FR 66070). In the
final regulation, EPA referenced, and recognized as compliant with the
final

[[Page 28011]]

rule, the ASTM E1527-05 ``Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process.'' The
regulation was amended in December 2013 to recognize the revised ASTM
E1527-13, ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process'' (78 FR 79319). EPA also
amended the All Appropriate Inquiries Rule in December 2008 to
recognize another ASTM standard as compliant with the final rule, the
ASTM E2247-08 ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process for Forestland or Rural
Property'' (73 FR 78716). Therefore, the All Appropriate Inquiries Rule
(40 CFR part 312) currently allows for the use of both the ASTM E1527-
13 and the ASTM E2247-08 standards to conduct all appropriate
inquiries, in lieu of following requirements included in the final
rule. Note that in October 2014, EPA withdrew the reference to the ASTM
E1527-05 standard from the AAI rule (79 FR 60087).
Since EPA promulgated the All Appropriate Inquiries Rule setting
standards and practices for the conduct of all appropriate inquiries,
ASTM International published a revised Phase I site assessment standard
for conducting Phase I environmental site assessments of large tracts
of rural and forestland properties. This standard, ASTM E2247-16,
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property,'' was reviewed by EPA, in response to a request for its
review by ASTM International, and determined by EPA to be compliant
with the requirements of the All Appropriate Inquiries Rule.

II. What does this action do?

This direct final rule amends the All Appropriate Inquiries Rule to
allow the use of the recently revised ASTM standard, E2247-16, for
conducting all appropriate inquiries, as required under CERCLA for
establishing the innocent landowner defense, as well as qualifying for
the bona fide prospective purchaser and contiguous property owner
liability protections.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (Pub. L. 104-113, section 12(d) (15 U.S.C. 272)) directs
agencies to use technical standards that are developed or adopted by
voluntary consensus standards bodies, unless their use would be
inconsistent with applicable law or otherwise impracticable. ASTM
International is an internationally recognized voluntary consensus
standard body. The ASTM E2247-16 ``Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process for
Forestland or Rural Property'' includes an environmental site
assessment process that EPA finds is not inconsistent with the
standards and practices included in the All Appropriate Inquiries Rule.
With this action, EPA is establishing that, parties seeking
liability relief under CERCLA's landowner liability protections, as
well as recipients of brownfields grants for conducting site
assessments, will be considered to be in compliance with the
requirements for all appropriate inquiries, as required in the
Brownfields Amendments to CERCLA, if such parties satisfy the
applicability requirements and comply with the procedures provided in
the ASTM E2247-16, ``Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process for
Forestland or Rural Property.'' EPA determined that it is reasonable to
promulgate this clarification as a direct final rule that is effective
90 days from the date of publication in the Federal Register, rather
than delay promulgation of the clarification until after receipt and
consideration of public comments. EPA made this determination based
upon the Agency's finding that the ASTM E2247-16 standard is ``not
inconsistent with,'' and compliant with the All Appropriate Inquiries
Rule and the Agency sees no reason to delay allowing for its use in
conducting all appropriate inquiries. The Agency notes that this action
does not require any party to use the ASTM E2247-16 standard. Any party
conducting all appropriate inquiries to comply with the CERCLA
requirements at section 101(35)(B) for the innocent landowner defense,
the contiguous property owner liability protection, or the bona fide
prospective purchaser liability protection may continue to follow the
provisions of the All Appropriate Inquiries Rule at 40 CFR part 312,
use the ASTM E1527-13 Standard or use the ASTM E2247-16 standard, as
applicable.
In taking this action, the Agency is allowing for the use of an
additional recognized standard or customary business practice, in
complying with a federal regulation. This action does not require any
person to use the newly revised standard. This action merely allows for
the use of ASTM International's E2247-16 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process for Forestland or Rural Property'' for those parties purchasing
relatively large tracts of rural property or forestlands who want to
use the ASTM E2247-16 standard in lieu of the following specific
requirements of the all appropriate inquiries rule or the ASTM E1527-13
standard.
The Agency notes that there are no significant differences between
the regulatory requirements in the All Appropriate Inquiries Rule and
the standards and practices included in the two ASTM standards (ASTM
E1527-13 and ASTM E2247-16). To facilitate an understanding of the
revisions to the ASTM E2247-08 Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Standard for
Forestland or Rural Property, which was recognized by EPA as compliant
with the requirements of the all appropriate inquiries regulation in
2013, and the revised ASTM E2247-16 Standard, which replaces the ASTM
E2247-08 standard, EPA developed, and placed in the docket for this
action, the document ``Summary of Updates and Revisions to ASTM E2247
Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property.'' Also in the docket for this action is the document
``Comparison of the All Appropriate Inquiries Regulation, the ASTM
E1527-13 Phase I Environmental Site Assessment Process and the ASTM
E2247-16 Phase I Environmental Site Assessment Process for Forestland
or Rural Property Standard.'' This document provides an overview of the
similarities and slight differences between the AAI regulatory
requirements and the requirements included in the two ASTM phase I
environmental site assessment standards.
This action includes no changes to the All Appropriate Inquiries
Rule other than to update the reference in the regulation for the ASTM
E2247 standard. This action replaces the reference to the ASTM E2247-08
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property'' in the All Appropriate Inquiries Rule with the updated ASTM
E2247-16 standard of the same name. EPA is not seeking comments on the
standards and practices included in the final rule published at 40 part
312. Also, EPA is not seeking comments on the ASTM E2247-16 standard.
EPA's only action with this direct final rule is recognition of the
ASTM E2247-16 standard as compliant with the final rule, and

[[Page 28012]]

therefore it is only this action on which the Agency is seeking
comment.

IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. Further, this action will not have a significant impact on
a substantial number of small entities and, as a result, is not subject
to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this
action does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate or the private sector in any one year,
and does not contain regulatory requirements that might significantly
or uniquely affect small governments, it is not subject to Sections
202, 203, and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104-4). This action does not create new binding legal
requirements that substantially and directly affect Tribes under
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does
not have significant Federalism implications under Executive Order
13132 (64 FR 43255, August 10, 1999). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).

A. National Technology Transfer and Advancement Act (NTTAA)

This action involves technical standards. This action allows for
the use of the ASTM International Standard known as Standard E2247-16
and entitled ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process for Forestland or Rural
Property.''

B. Congressional Review Act

This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of 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).

List of Subjects in 40 CFR Part 312

Environmental Protection, Administrative practice and procedure,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements, Superfund.

Dated: June 12, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.

For the reasons set out in the preamble, the Environmental
Protection Agency amends title 40 chapter I of the code of Federal
Regulations as follows:

PART 312--INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL
APPROPRIATE INQUIRIES

0
1. The authority citation for part 312 continues to read as follows:

Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C.
9601(35)(B).

0
2. Section 312.11 is amended by revising paragraph (a) to read as
follows:

Sec. 312.11 References.

* * * * *
(a) The procedures of ASTM International Standard E2247-16 entitled
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process for Forestland or Rural
Property.'' This standard is available from ASTM International at
www.astm.org, 1-610-832-9585.
* * * * *
[FR Doc. 2017-12841 Filed 6-19-17; 8:45 am]
BILLING CODE 6560-50-P

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