Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA, 43309-43310 [2017-19594]

Download as PDF mstockstill on DSK30JT082PROD with RULES Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this action does not have tribal implications as specified by Executive Order 13175 because the section 111(d)/129 plan is not approved to apply in Indian country located in the state, and EPA notes will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this section. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 14, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to VerDate Sep<11>2014 16:21 Sep 14, 2017 Jkt 241001 enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Reporting and recordkeeping requirements, Other Solid Waste Incineration units. Dated: August 18, 2017. Catherine R. McCabe, Acting Regional Administrator, Region 2. For the reasons stated in the preamble, EPA amends 40 CFR part 62 as set forth below: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C.7401 et seq. 2. Subpart CCC is amended by adding an undesignated center heading and § 62.13358 to read as follows: ■ Air Emissions From Other Solid Waste Incineration (OSWI) Units Constructed on or Before December 16, 2005 § 62.13358 Identification of plan—negative declaration. Letter from the Virgin Islands Department of Planning and Natural Resources submitted April 04, 2017 to Acting Regional Administrator Catherine R. Mc Cabe, certifying that the United States Virgin Islands has no existing unites pursuant to 40 CFR 60 Subpart FFFF, Emissions Guidelines and Compliaince Times for Other Solid Waste Incineration Units that commenced construction on or before December 9, 2004. [FR Doc. 2017–19706 Filed 9–14–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 312 [EPA–HQ–OLEM–2016–0786; FRL–9967– 47–OLEM] RIN 2050–AG94 Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: On June 20, 2017, the U.S. Environmental Protection Agency (EPA SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 43309 or the agency) took direct final action to amend 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). The direct final rule was scheduled to be effective on September 18, 2017, unless EPA received adverse written comment. Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on June 20, 2017. The direct final rule published on June 20, 2017 at 82 FR 28009 is withdrawn effective September 15, 2017. DATES: FOR FURTHER INFORMATION 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. Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on June 20, 2017 (82 FR 28009). We stated in that direct final rule that if we received adverse comment by July 20, 2017, the direct final rule would not take effect and we would publish a timely withdrawal in the Federal Register. We subsequently received adverse comment on that direct final rule. We addressed the comments received in the final action, which is published in the ‘‘Final Rules’’ section of this Federal Register. As stated in the direct final rule and the parallel proposed rule, we will not institute a second comment period on the parallel proposed rule published on June 20, 2017 (82 FR 28040). SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Part 312 Environmental protection, Administrative practice and procedure, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements, Superfund. E:\FR\FM\15SER1.SGM 15SER1 43310 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations Dated: August 31, 2017. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management. 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: Accordingly, EPA withdraws the amendment to 40 CFR 312.11(a), published in the Federal Register on June 20, 2017 (82 FR 28009), as of September 15, 2017. ■ [FR Doc. 2017–19594 Filed 9–14–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY I. General Information 40 CFR Part 312 [EPA–HQ–OLEM–2016–0786; FRL–9967– 46–OLEM] RIN 2050–AG94 Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The U.S. Environmental Protection Agency (EPA or the agency) is taking final action to amend the Standards and Practices for All Appropriate Inquiries to update an existing reference to a standard practice revised by ASTM International, a widely recognized standards development organization. Specifically, this 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 inquires under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). DATES: This final rule is effective on March 14, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OLEM–2016–0786. All documents in the docket are listed on the https://www.regulations.gov Web site. Docket materials are also available in hard copy at the EPA Docket Center Reading Room. Please see https:// www.epa.gov/dockets/epa-docketcenter-reading-room or call (202) 566– 1744 for more information on the Docket Center Reading Room. FOR FURTHER INFORMATION CONTACT: For general information, contact the mstockstill on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Sep 14, 2017 Jkt 241001 A. Purpose of This Regulatory Action EPA is publishing this final rule to revise an existing reference in 40 CFR part 312 to include the updated version of a standard practice recently made available by ASTM International (E2247–16). 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 final rule, the ASTM E2247–16 standard, as applicable. 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 Section104(k)(2)(B)(ii) may be affected by this action. This includes state, local and Tribal governments that PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 ...... NAICS code 531 52412 52292 54162 926110, 925120 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 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; clarify CERCLA liability provisions related to innocent purchasers of contaminated properties; and provide funding to enhance State and Tribal cleanup programs. 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 E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Rules and Regulations]
[Pages 43309-43310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19594]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-OLEM-2016-0786; FRL-9967-47-OLEM]
RIN 2050-AG94


Amendment to Standards and Practices for All Appropriate 
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On June 20, 2017, the U.S. Environmental Protection Agency 
(EPA or the agency) took direct final action to amend 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). The 
direct final rule was scheduled to be effective on September 18, 2017, 
unless EPA received adverse written comment. Because EPA received 
adverse comment, we are withdrawing the direct final rule for the 
Amendment to Standards and Practices for All Appropriate Inquiries 
published on June 20, 2017.

DATES: The direct final rule published on June 20, 2017 at 82 FR 28009 
is withdrawn effective September 15, 2017.

FOR FURTHER INFORMATION 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: Because EPA received adverse comment, we are 
withdrawing the direct final rule for the Amendment to Standards and 
Practices for All Appropriate Inquiries published on June 20, 2017 (82 
FR 28009). We stated in that direct final rule that if we received 
adverse comment by July 20, 2017, the direct final rule would not take 
effect and we would publish a timely withdrawal in the Federal 
Register. We subsequently received adverse comment on that direct final 
rule. We addressed the comments received in the final action, which is 
published in the ``Final Rules'' section of this Federal Register. As 
stated in the direct final rule and the parallel proposed rule, we will 
not institute a second comment period on the parallel proposed rule 
published on June 20, 2017 (82 FR 28040).

List of Subjects in 40 CFR Part 312

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


[[Page 43310]]


    Dated: August 31, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.

0
Accordingly, EPA withdraws the amendment to 40 CFR 312.11(a), published 
in the Federal Register on June 20, 2017 (82 FR 28009), as of September 
15, 2017.

[FR Doc. 2017-19594 Filed 9-14-17; 8:45 am]
 BILLING CODE 6560-50-P
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