National Oil and Hazardous Substances Pollution Contingency Plan; Technical Amendment To Update Data Management System Nomenclature, 65589-65592 [2014-26160]
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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 27, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
Regulations’’ is amended by revising
entries for Chapters 111 and 112 and
adding entries in numerical order for
Chapters 154 and 159 to read as follows:
§ 52.1020
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Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
Identification of plan.
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*
(c) EPA approved regulations.
2. In § 52.1020, the table in paragraph
(c) entitled ‘‘EPA-Approved Maine
■
EPA-APPROVED MAINE REGULATIONS
State effective
date
State citation
Title/subject
*
Chapter 111 ..............
*
*
Petroleum Liquid Storage Vapor Control ...
Chapter 112 ..............
Bulk Terminal Petroleum Liquid Transfer
Requirements.
*
Chapter 154 ..............
*
*
Control of Volatile Organic Compounds
from Flexible Package Printing.
*
*
Chapter 159 ..............
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Control of Volatile Organic Compounds
from Adhesives and Sealants.
EPA approval date and
citation 1
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Explanations
*
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11/5/2014 [Insert Federal Register citation].
11/5/2014 [Insert Federal Register citation].
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*
11/5/2014 [Insert Federal Register citation].
*
7/20/2010
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11/5/2014 [Insert Federal Register citation].
*
6/2/2014
9/29/1999
2/22/1998
*
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1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
*
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Engineer, Control Strategies Section, Air
Programs Branch (AR–18J), USEPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6031
hatten.charles@epa.gov.
*
[FR Doc. 2014–26174 Filed 11–4–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2011–0968; FRL–9918–78–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Withdrawal of Direct Final Rule
Environmental Protection
Agency.
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
the September 17, 2014, direct final rule
approving a revision to provisions in
Title 326 of the Indiana Administrative
Code, Article 4, Rule 1, Open Burning
Rule.
DATES: The direct final rule published at
79 FR 55641 on September 17, 2014, is
withdrawn effective November 5, 2014.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
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SUMMARY:
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The State
of Indiana submitted this revision as a
modification to the State
Implementation Plan for open burning
on November 14, 2011. In the direct
final rule, EPA stated that if adverse
comments were submitted by October
17, 2014, the rule would be withdrawn
and not take effect. On September 21,
2014, EPA received an adverse comment
and, therefore, is withdrawing the direct
final rule. EPA will address the
comment in a subsequent final action
based upon the proposed action also
published on September 17, 2014. EPA
will not institute a second comment
period on this action.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Emissions Reporting,
Incorporation by reference, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: October 24, 2014.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendment to 40
CFR 52.770 published in the Federal
Register on September 17, 2014 (79 FR
55641) on pages 55644–55645 is
withdrawn effective November 5, 2014.
■
[FR Doc. 2014–26164 Filed 11–4–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2014–0733; FRL–9918–
52–OSWER]
National Oil and Hazardous
Substances Pollution Contingency
Plan; Technical Amendment To Update
Data Management System
Nomenclature
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations
Effective January 31, 2014 the
EPA Superfund program
decommissioned the Comprehensive
Environmental Response Compensation
and Liability Act Information System
(CERCLIS) and adopted a new, more
comprehensive data management
system. The new data management
system, the Superfund Enterprise
Management System (SEMS), serves as
a more powerful, integrated platform.
Consistent with this action, this direct
final rule makes appropriate conforming
terminological changes to our
regulations. This direct final rule also
adds a minor clarification to the
description of the remedial preliminary
assessment.
DATES: This rule is effective on January
5, 2015 without further notice, unless
EPA receives adverse comment by
December 5, 2014. If EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2014–0733, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: superfund.docket@epa.gov
• U.S. Postal Mail: U.S.
Environmental Protection Agency, EPA
Docket Center (EPA/DC), Superfund
Docket, Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460.
• Hand Delivery: EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460. Attention Docket ID No. EPA–
HQ–SFUND–2014–0733. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2014–
0733. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
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SUMMARY:
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you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm
Docket: All documents in the docket
are listed in the www.regulations.gov
index. 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
either electronically in
www.regulations.gov or in hard copy at
the Superfund Docket (Docket ID No.
EPA–HQ–SFUND–2014–0733). This
Docket Facility is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding legal holidays. The
Superfund Docket telephone number is
(202) 566–0276. EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hovis at (703) 603–8888
(hovis.jennifer@epa.gov), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460–0002, Mail Code 5202P.
SUPPLEMENTARY INFORMATION:
I. 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 related
to internal agency operations and
anticipate no adverse comment as this
action merely makes nonsubstantive
changes to reflect new data management
system nomenclature and adds minor
clarifying text to a description in the
NCP that will make the regulations more
accurate.
In the ‘‘Proposed Rules’’ section of
today’s Federal Register, we are also
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publishing a separate proposed rule
reflecting the changes described above.
If adverse comments are received on
this direct final rule, EPA 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
significant 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 significant
public comments in any subsequent
final rule based on the proposed rule.
II. What should I consider as I prepare
my comments for EPA?
A. Submitting Confidential Business
Information (CBI). Do not submit this
information to EPA through
www.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 the procedures set
forth in 40 CFR part 2.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• 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.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible.
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• Make sure to submit your
comments by the comment period
deadline identified.
• Comments are only being solicited
on the NCP revisions updating the data
system nomenclature changes from
CERCLIS to SEMS and the addition of
clarifying text to the remedial
preliminary assessment description.
Therefore, comments are not being
requested on other unmodified sections
of the NCP nor on EPA’s internal
operational decision to update
Superfund’s data management system,
and such comments will not be
considered if submitted.
III. Background
A. What is CERCLA?
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 releases or
substantial threats of releases of
hazardous substances into the
environment or releases or substantial
threats of releases into the environment
of any pollutant or contaminant which
may present an imminent and
substantial danger to the public health
or welfare.
B. What is the National Contingency
Plan?
To implement CERCLA, 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 or substantial
threats of releases of hazardous
substances into the environment 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. EPA has
revised the NCP on several occasions.
The most recent comprehensive revision
was on March 8, 1990 (55 FR 8666).
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C. How does Superfund track and
manage its data?
The Superfund program maintains a
comprehensive data management
system that inventories and tracks
releases of hazardous substances
addressed or needing to be addressed.
The Superfund data management
system, SEMS, contains the official
inventory of CERCLA sites and supports
EPA’s site planning, tracking and
national program performance reporting
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functions. It includes site assessment,
remedial, Federal facility and
enforcement program data. Inclusion of
a specific site or area in SEMS does not
represent a determination of any party’s
liability, nor does it represent a finding
that any response action is necessary.
65591
direct Federal agencies to be responsible
for ‘‘carrying out the agency’s
information resources management
activities to improve agency
productivity, efficiency, and
effectiveness . . .’’.
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. This action
merely deletes an obsolete reference to
a retired information system and adds
minor clarifying text to a description in
the NCP. This action does not impose
any requirements on any entity,
including small entities. Therefore,
pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), after
considering the economic impacts of
this action on small entities, I certify
that this action will not have a
significant economic impact on a
substantial number of small entities.
This action does not contain any
E. What does this amendment do?
unfunded mandates or significantly or
This direct final rule revises the
uniquely affect small governments as
Operational Abbreviations section (40
described in Sections 202 and 205 of the
CFR 300.4(b)) and the Definitions
Unfunded Mandates Reform Act of 1999
section (40 CFR 300.5) of the NCP to
(UMRA) (Pub. L. 104–4). This action
reflect terminological changes necessary does not create new binding legal
for consistency with EPA’s transition
requirements that substantially and
from CERCLIS as the Superfund
directly affect Tribes under Executive
program’s planning and tracking data
Order 13175 (63 FR 67249, November 9,
management system to SEMS. This rule 2000). This action does not have
also amends the Remedial preliminary
significant Federalism implications
assessment description (40 CFR 420(b))
under Executive Order 13132 (64 FR
to clarify that the Preliminary
43255, August 10, 1999). Because this
Assessment (PA) is performed on only
action has been exempted from review
under Executive Order 12866, this final
those sites that have been entered into
rule is not subject to Executive Order
the SEMS remedial assessment active
13211, entitled Actions Concerning
inventory.
Regulations That Significantly Affect
F. What is the basis for this amendment?
Energy Supply, Distribution, or Use (66
CERCLA’s passage in 1980 launched
FR 28355, May 22, 2001) or Executive
the Superfund program that provided
Order 13045, entitled Protection of
EPA the authority needed to respond to
Children from Environmental Health
threats posed by the uncontrolled
Risks and Safety Risks (62 FR 19885,
releases of hazardous substances into
April 23, 1997). This action does not
the environment. The fundamental
contain any information collections
purpose of the Superfund program is to
subject to OMB approval under the
address threats and protect human
Paperwork Reduction Act (PRA), 44
health and the environment from
U.S.C. 3501 et seq., nor does it require
releases or potential releases of
any special considerations under
hazardous substances from abandoned
Executive Order 12898, entitled Federal
or uncontrolled hazardous waste sites.
Actions to Address Environmental
To effectively implement the Superfund Justice in Minority Populations and
program, it is necessary to maintain a
Low-Income Populations (59 FR 7629,
repository of planning and
February 16, 1994). This action does not
involve technical standards; thus, the
accomplishment data, including
requirements of Section 12(d) of the
resource planning estimates and
National Technology Transfer and
program targets and measures. The
Advancement Act of 1995 (15 U.S.C.
updated Superfund information system
272) do not apply. The Congressional
also meets the requirements of U.S.
Review Act, 5 U.S.C. 801 et seq.,
Code Title 44, § 3506 (a)(1)(A) which
D. Why did EPA change its Superfund
data management system?
The new Superfund data management
system, SEMS, integrates multiple
legacy Superfund data collection,
reporting and tracking systems,
including CERCLIS, into a single system
for one primary source of Superfund site
activity data, records, and
accomplishment documentation. The
new Superfund data management
system also consolidates the Superfund
program’s disparate technical assets into
a national management system with a
single architecture on an agency
platform. The new system is adaptable
to shifting programmatic priorities and
changing operational needs, and can
better address the growing demands of
content management and data exchange.
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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations
generally provides that before certain
actions may take effect, the agency
promulgating the action must submit a
report, which includes a copy of the
action, to each House of the Congress
and to the Comptroller General of the
United States. Because this action does
not contain legally binding
requirements, it is not subject to the
Congressional Review Act.
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: October 28, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
The purpose of this case is to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
create unique prescriptions for the basic
version and each alternate of DFARS
parts 217, 234, and 237 solicitations
provisions and clauses, and to include
the full text of each clause alternate.
The use of unique prescriptions for
the basic version and each alternate of
DFARS solicitations provisions and
clauses will facilitate use of automated
contract writing systems. The current
convention requires the prescription for
the basic provision or clause to address
all the possibilities covered by the
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
§ 300.5
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II. Executive Orders 12866 and 13563
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Special Contracting
Methods, Major System Acquisition,
and Service Contracting (DFARS Case
2014–D004)
[FR Doc. 2014–26160 Filed 11–4–14; 8:45 am]
2. Amend § 300.4, paragraph (b), by
adding in alphabetical order the term
‘‘SEMS—Superfund Enterprise
Management System’’.
■ 3. Amend § 300.5 by revising the
definition ‘‘CERCLIS’’ and adding in
alphabetical order the definition
‘‘SEMS’’ to read as follows:
■
Defense Acquisition Regulations
System
Definitions.
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CERCLIS was the abbreviation for the
CERCLA Information System. This
system has been retired and has been
replaced with SEMS, the Superfund
Enterprise Management System.
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SEMS is the abbreviation for the
Superfund Enterprise Management
System. SEMS is EPA’s comprehensive
data management system that
inventories and tracks information
about releases addressed or needing to
be addressed by the CERCLA Superfund
program. SEMS consolidates legacy
systems including CERCLIS into a single
integrated platform. SEMS contains
information for potential and confirmed
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DoD published a proposed rule in the
Federal Register at 79 FR 30535 on May
28, 2014, to revise provisions and
clauses with alternates and the
associated prescriptions, in order to
clarify usage and facilitate the use of
automated contract writing systems. No
respondents submitted comments in
response to the proposed rule, and no
changes were made from the proposed
rule in the final rule.
III. Regulatory Flexibility Act
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(b) Remedial preliminary assessment.
(1) The lead agency shall perform a
remedial PA on all sites entered into the
SEMS remedial assessment active
inventory as defined in § 300.5 to:
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[Amended]
15:07 Nov 04, 2014
I. Background
RIN 0750–AI27
1. The authority citation for Part 300
continues to read as follows:
VerDate Sep<11>2014
SUPPLEMENTARY INFORMATION:
48 CFR Parts 217, 234, 237, and 252
Remedial site evaluation.
*
■
*
structured in a manner to facilitate use
of automated contract writing systems.
The rule also includes the full text of
each alternate, rather than only showing
the paragraphs that differ from the basic
clause.
DATES: Effective November 5, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Janetta Brewer, telephone 571–372–
6104.
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
§ 300.420
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
§ 300.4
hazardous waste sites addressed under
the Superfund remedial and removal
programs. SEMS includes sites in the
active site inventory and archived sites.
The active site inventory includes sites
on the NPL, and sites not on the NPL
where site assessment, removal,
remedial, enforcement, cost recovery, or
oversight activities are being planned or
conducted. Archived sites include nonNPL sites that were formerly in the
active site inventory which have no
further site assessment, removal,
remedial, enforcement, cost recovery or
oversight needed under the Federal
Superfund program based on available
information. New information may
warrant return of an archive site to the
active inventory. Inclusion of a specific
site or area in SEMS does not represent
a determination of any party’s liability,
nor does it represent a finding that any
response action is necessary.’’
*
*
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*
■ 4. Amend § 300.420 by revising
paragraph (b)(1) introductory text to
read as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise and update clauses
and their prescriptions for special
contracting methods, major system
acquisition, and service contracting to
create basic and alternate clauses
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Rules and Regulations]
[Pages 65589-65592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26160]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2014-0733; FRL-9918-52-OSWER]
National Oil and Hazardous Substances Pollution Contingency Plan;
Technical Amendment To Update Data Management System Nomenclature
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 65590]]
SUMMARY: Effective January 31, 2014 the EPA Superfund program
decommissioned the Comprehensive Environmental Response Compensation
and Liability Act Information System (CERCLIS) and adopted a new, more
comprehensive data management system. The new data management system,
the Superfund Enterprise Management System (SEMS), serves as a more
powerful, integrated platform. Consistent with this action, this direct
final rule makes appropriate conforming terminological changes to our
regulations. This direct final rule also adds a minor clarification to
the description of the remedial preliminary assessment.
DATES: This rule is effective on January 5, 2015 without further
notice, unless EPA receives adverse comment by December 5, 2014. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2014-0733, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: superfund.docket@epa.gov
U.S. Postal Mail: U.S. Environmental Protection Agency,
EPA Docket Center (EPA/DC), Superfund Docket, Mailcode: 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention
Docket ID No. EPA-HQ-SFUND-2014-0733. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2014-0733. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.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 email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm
Docket: All documents in the docket are listed in the
www.regulations.gov index. 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 either electronically
in www.regulations.gov or in hard copy at the Superfund Docket (Docket
ID No. EPA-HQ-SFUND-2014-0733). This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Superfund Docket telephone number is (202) 566-0276. EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Jennifer Hovis at (703) 603-8888
(hovis.jennifer@epa.gov), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0002, Mail Code 5202P.
SUPPLEMENTARY INFORMATION:
I. 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 related to internal agency
operations and anticipate no adverse comment as this action merely
makes nonsubstantive changes to reflect new data management system
nomenclature and adds minor clarifying text to a description in the NCP
that will make the regulations more accurate.
In the ``Proposed Rules'' section of today's Federal Register, we
are also publishing a separate proposed rule reflecting the changes
described above. If adverse comments are received on this direct final
rule, EPA 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 significant 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 significant public comments in any subsequent final rule
based on the proposed rule.
II. What should I consider as I prepare my comments for EPA?
A. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through www.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 the procedures set forth in 40 CFR
part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
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.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible.
[[Page 65591]]
Make sure to submit your comments by the comment period
deadline identified.
Comments are only being solicited on the NCP revisions
updating the data system nomenclature changes from CERCLIS to SEMS and
the addition of clarifying text to the remedial preliminary assessment
description. Therefore, comments are not being requested on other
unmodified sections of the NCP nor on EPA's internal operational
decision to update Superfund's data management system, and such
comments will not be considered if submitted.
III. Background
A. What is CERCLA?
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 releases or substantial threats of
releases of hazardous substances into the environment or releases or
substantial threats of releases into the environment of any pollutant
or contaminant which may present an imminent and substantial danger to
the public health or welfare.
B. What is the National Contingency Plan?
To implement CERCLA, 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 or substantial
threats of releases of hazardous substances into the environment 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. EPA has revised the NCP on
several occasions. The most recent comprehensive revision was on March
8, 1990 (55 FR 8666).
C. How does Superfund track and manage its data?
The Superfund program maintains a comprehensive data management
system that inventories and tracks releases of hazardous substances
addressed or needing to be addressed. The Superfund data management
system, SEMS, contains the official inventory of CERCLA sites and
supports EPA's site planning, tracking and national program performance
reporting functions. It includes site assessment, remedial, Federal
facility and enforcement program data. Inclusion of a specific site or
area in SEMS does not represent a determination of any party's
liability, nor does it represent a finding that any response action is
necessary.
D. Why did EPA change its Superfund data management system?
The new Superfund data management system, SEMS, integrates multiple
legacy Superfund data collection, reporting and tracking systems,
including CERCLIS, into a single system for one primary source of
Superfund site activity data, records, and accomplishment
documentation. The new Superfund data management system also
consolidates the Superfund program's disparate technical assets into a
national management system with a single architecture on an agency
platform. The new system is adaptable to shifting programmatic
priorities and changing operational needs, and can better address the
growing demands of content management and data exchange.
E. What does this amendment do?
This direct final rule revises the Operational Abbreviations
section (40 CFR 300.4(b)) and the Definitions section (40 CFR 300.5) of
the NCP to reflect terminological changes necessary for consistency
with EPA's transition from CERCLIS as the Superfund program's planning
and tracking data management system to SEMS. This rule also amends the
Remedial preliminary assessment description (40 CFR 420(b)) to clarify
that the Preliminary Assessment (PA) is performed on only those sites
that have been entered into the SEMS remedial assessment active
inventory.
F. What is the basis for this amendment?
CERCLA's passage in 1980 launched the Superfund program that
provided EPA the authority needed to respond to threats posed by the
uncontrolled releases of hazardous substances into the environment. The
fundamental purpose of the Superfund program is to address threats and
protect human health and the environment from releases or potential
releases of hazardous substances from abandoned or uncontrolled
hazardous waste sites. To effectively implement the Superfund program,
it is necessary to maintain a repository of planning and accomplishment
data, including resource planning estimates and program targets and
measures. The updated Superfund information system also meets the
requirements of U.S. Code Title 44, Sec. 3506 (a)(1)(A) which direct
Federal agencies to be responsible for ``carrying out the agency's
information resources management activities to improve agency
productivity, efficiency, and effectiveness . . .''.
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. This action merely deletes an obsolete reference to a
retired information system and adds minor clarifying text to a
description in the NCP. This action does not impose any requirements on
any entity, including small entities. Therefore, pursuant to the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), after considering
the economic impacts of this action on small entities, I certify that
this action will not have a significant economic impact on a
substantial number of small entities. This action does not contain any
unfunded mandates or significantly or uniquely affect small governments
as described in Sections 202 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 (63 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
action 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 action 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).
This action does not involve technical standards; thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272) do not apply. The Congressional
Review Act, 5 U.S.C. 801 et seq.,
[[Page 65592]]
generally provides that before certain actions may take effect, the
agency promulgating the action must submit a report, which includes a
copy of the action, to each House of the Congress and to the
Comptroller General of the United States. Because this action does not
contain legally binding requirements, it is not subject to the
Congressional Review Act.
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: October 28, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out in this document, 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(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.
Sec. 300.4 [Amended]
0
2. Amend Sec. 300.4, paragraph (b), by adding in alphabetical order
the term ``SEMS--Superfund Enterprise Management System''.
0
3. Amend Sec. 300.5 by revising the definition ``CERCLIS'' and adding
in alphabetical order the definition ``SEMS'' to read as follows:
Sec. 300.5 Definitions.
* * * * *
CERCLIS was the abbreviation for the CERCLA Information System.
This system has been retired and has been replaced with SEMS, the
Superfund Enterprise Management System.
* * * * *
SEMS is the abbreviation for the Superfund Enterprise Management
System. SEMS is EPA's comprehensive data management system that
inventories and tracks information about releases addressed or needing
to be addressed by the CERCLA Superfund program. SEMS consolidates
legacy systems including CERCLIS into a single integrated platform.
SEMS contains information for potential and confirmed hazardous waste
sites addressed under the Superfund remedial and removal programs. SEMS
includes sites in the active site inventory and archived sites. The
active site inventory includes sites on the NPL, and sites not on the
NPL where site assessment, removal, remedial, enforcement, cost
recovery, or oversight activities are being planned or conducted.
Archived sites include non-NPL sites that were formerly in the active
site inventory which have no further site assessment, removal,
remedial, enforcement, cost recovery or oversight needed under the
Federal Superfund program based on available information. New
information may warrant return of an archive site to the active
inventory. Inclusion of a specific site or area in SEMS does not
represent a determination of any party's liability, nor does it
represent a finding that any response action is necessary.''
* * * * *
0
4. Amend Sec. 300.420 by revising paragraph (b)(1) introductory text
to read as follows:
Sec. 300.420 Remedial site evaluation.
* * * * *
(b) Remedial preliminary assessment. (1) The lead agency shall
perform a remedial PA on all sites entered into the SEMS remedial
assessment active inventory as defined in Sec. 300.5 to:
* * * * *
[FR Doc. 2014-26160 Filed 11-4-14; 8:45 am]
BILLING CODE 6560-50-P
