80 FR 17703 - National Oil and Hazardous Substances Pollution Contingency Plan (NCP); Amending the NCP for Public Notices for Specific Superfund Activities
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 63 (April 2, 2015)
Federal Register Volume 80, Issue 63 (April 2, 2015)
| Page Range | 17703-17706 | |
| FR Document | 2015-07474 |
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)] [Rules and Regulations] [Pages 17703-17706] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07474] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-2014-0620; FRL-9924-66-OSWER] RIN 2050-AG76 National Oil and Hazardous Substances Pollution Contingency Plan (NCP); Amending the NCP for Public Notices for Specific Superfund Activities AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or the Agency) is adding language to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to broaden the methods by which the EPA can notify the public about certain Superfund activities. DATES: This final rule is effective on May 4, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-SFUND-2014-0620. 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., Confidential Business Information (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- 0620). This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744 and the telephone number for the Superfund Docket is (202) 566-0276. The EPA Docket Center (EPA/DC) is located at WJC West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: General Information: Superfund, Toxics Release Inventory (TRI), Emergency Planning and Community Right-to-Know Act (EPCRA), Risk Management Program (RMP) and Oil Information 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. [[Page 17704]] Technical information: Suzanne Wells at (703) 603-8863, ([email protected]), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0002, Mail Code 5204P. SUPPLEMENTARY INFORMATION: I. Why is EPA publishing this final rule? On October 1, 2014, EPA published a proposed rule entitled National Oil and Hazardous Substances Pollution Contingency Plan (NCP); Amending the NCP for Public Notices for Specific Superfund Activities (79 FR 59179) (hereafter the proposed rule). The EPA proposed to amend the NCP to expand the methods by which the EPA can notify the public about certain Superfund activities. The NCP requires the lead Agency to publish a notice ``in a major local newspaper of general circulation'' when certain Superfund site- related activities occur. Many of these requirements were established in 1990 or earlier versions of the NCP when it was common practice for government agencies to publish notices of planned actions in newspapers. Today, multiple ways are used to notify the public about Superfund site-related activities that may be as or more effective than publishing notices in newspapers. For example, the public may be notified of certain actions the lead agency takes by distributing flyers door-to-door, mailing notices to homes, sending email notifications, making telephone calls or posting on Web sites. In certain cases, publishing a notice in a major newspaper of general circulation may not be the most effective way of notifying a community about a specific Superfund action, and may be less cost effective than other notification methods. EPA received seven comments on the proposed rule. EPA is addressing the comments and finalizing the amendment. II. Background A. What does this amendment do? In the October 1, 2014, proposed rule, six sections of the NCP were proposed to be amended to change the public notice language in the NCP to allow adequate notice to a community via a major local newspaper of general circulation or by using one or more other mechanisms. Specifically, this amendment will add language to: [cir] Sec. 300.415(n)(2)(i) That requires a notice of the availability of the administrative record file for CERCLA actions where, based on a site evaluation, the lead agency determines that a removal action is appropriate, and that less than six months exists before on-site removal action must begin. [cir] Sec. 300.415(n)(4)(ii) that requires notification of the engineering evaluation/cost analysis (EE/CA) where the lead agency determines that a CERCLA removal action is appropriate and that a planning period of at least six months exists prior to initiation of the on-site removal activities. [cir] Sec. 300.425(e)(4)(ii) that requires notification of releases that may be deleted from the National Priorities List (NPL). [cir] Sec. 300.815(a) that requires notification of the availability of the administrative record file for the selection of a remedial action at the commencement of the remedial investigation. [cir] Sec. 300.820(a)(1) that requires notification of the availability of the administrative record file when an EE/CA is made available for public comment, if the lead agency determines that a removal action is appropriate and that a planning period of at least six months exists before on-site removal activities must be initiated. [cir] Sec. 300.820(b)(1) that requires notification of the availability of the administrative record file for all other removal actions not included in Sec. 300.820(a). B. What comments did EPA receive and how are they addressed? EPA received seven comments on the proposed rule. Four of the commenters fully supported the proposed rule to add language to the NCP to broaden the methods by which the EPA can notify the public about certain Superfund activities. One commenter wrote ``It is difficult even for organized groups to constantly scan the local newspaper for publication notices. To have our rights for participation denied because we do not have time to peruse the local newspaper each and every day seems contrary to EPA's mission to inform and protect the public.'' Another commenter wrote ``The currently required method of publishing notices in `major local newspapers of general circulation' is antiquated and frequently ineffective. By broadening the permitted methods of notification, linked when possible to Community Involvement Plans, EPA can better reach populations affected by the Superfund process.'' A third commenter wrote ``The proposed rule would broaden the notification methods the lead agency will be able to use in order to adopt a notification approach that is most effective at informing a community. . . . We fully support an expanded approach to notification that might include door to door flyers, mailing notices to homes, sending emails or making telephone calls.'' One commenter questioned why the proposed rule did not extend additional methods of public notification to the activities included under: (1) section 117 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) including: [cir] Section 117(a) notification of the proposed plan (40 CFR 300.430(f)(3)(i)(A)), [cir] Section 117(b) notification of the final remedial action plan adopted (40 CFR 300.430(f)(6)(i)), and [cir] Section 117(c) notification of an explanation of significant differences after adoption of a final remedial action plan (40 CFR 300.435(c)(2)(i)(B)); (2) notice of availability of the amended Record of Decision (40 CFR 300.435(c)(2)(ii)(G)); (3) notices after EPA receives a letter of intent to apply for Technical Assistance Grant (40 CFR 35.4110); and (4) notices of the starts and completions of five-year reviews or availability of draft or final five-year review reports. EPA is required to follow the statutory public notice requirements associated with CERCLA section 117. Publication in a major local newspaper of general circulation will continue to be required for 1) notice of availability of the proposed plan (40 CFR 300.430(f)(3)(i)(A)), 2) notice of availability of the Record of Decision (40 CFR 300.430(f)(6)(i)), 3) notice that briefly summarizes the explanation of significant differences (40 CFR 300.435(c)(2)(i)(B)), 4) notice of availability and a brief description of the proposed amendment to the Record of Decision (40 CFR 300.435(c)(2)(ii)(A)), and 5) notice of availability of the amended Record of Decision (40 CFR 300.435(c)(2)(ii)(G)). EPA did not propose revisions to 40 CFR 35.4110 that requires the Agency to publish a notice in a major local newspaper of general circulation when it receives a letter of intent to apply for a Technical Assistance Grant (TAG). EPA will consider whether revisions to 40 CFR 35.4110 are necessary to expand the methods by which it notifies the public of the receipt of a letter of intent to apply for a TAG. If EPA decides revisions are necessary, a proposed rule will be published. Finally, there are no regulatory requirements to publish a notice in a major local newspaper of general circulation about the start and completion of a five-year review or the availability of a draft or final five-year review report. The Comprehensive Five- [[Page 17705]] Year Review Guidance (EPA 540-R-01-007, OSWER No. 9355.7-03B-P, June 2001) says ``[a]t a minimum, community involvement activities during the five-year review should include notifying the community that the five-year review will be conducted and notifying the community when the five-year review is completed.'' The Comprehensive Five-Year Review Guidance goes on to say the site team should determine the best means for notifying the community about the five-year review. Therefore, no revisions are necessary regarding public notification of the start and completion of five-year reviews or availability of draft or final five- year review reports. One commenter suggested that while it need not be included in the new NCP language, EPA staff responsible for public notification should continuously evaluate the effectiveness of the public notice vehicles they use because ``[i]n this world of new media the best way to reach people varies by group and is continuously changing.'' The Agency agrees it is important to receive feedback from the community on a regular basis on the best ways to communicate with them. During the interviews conducted with community members as part of the development of a Community Involvement Plan, EPA staff receive feedback on the best methods to communicate with the public. EPA staff also take advantage of opportunities at public meetings and through informal ongoing discussions with community members about the ways they would like to receive information about site activities. Based on this feedback, the Agency adjusts its notification methods, if necessary. Two commenters wrote the Agency ought to provide public notifications in English and in other prominent languages spoken in a community. The Agency agrees with these commenters. In communities where languages other than English are spoken, the Agency does seek to translate site-related information into the languages spoken in the communities. When appropriate, the Agency can provide translators at public meetings to communicate site-related information to community members who do not speak English. Some Agency staff are bilingual and are able to help communicate site-related information in prominent languages spoken in a community. One commenter wrote that some communities are not knowledgeable about the Superfund process, and that it is important to provide training for community members in order to help them understand the Superfund process, and how they can be involved in the process. The Agency agrees with this commenter. EPA staff frequently provide presentations in communities about the Superfund process and how community members can be involved in the process. In addition, through programs like Technical Assistance Services for Communities (TASC), EPA works closely with communities to make sure they have the technical help they need. Sometimes, a community may need additional help to fully understand local environmental issues and participate in decision-making. The purpose of the TASC program is to meet this need. Finally, one commenter supported continuing to publish notices in major local newspapers because some communities continue to rely on local newspapers to get their information. This final rule allows the Agency to publish notices in ``major local newspapers of general circulation,'' if the local newspaper is determined to be the most effective vehicle for informing a community about certain Superfund activities. Thus, the amendment being promulgated is a useful and important change that will give the Agency the ability to determine the best method to notify the public about certain Superfund activities. EPA is promulgating the change to add language to 40 CFR part 300 as was proposed. III. Statutory and Executive Order Reviews As explained previously, this rule takes final action on an amendment for which we received comments in response to our October 1, 2014, National Oil and Hazardous Substances Pollution Contingency Plan (NCP); Amending the NCP for Public Notices for Specific Superfund Activities. 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 adds language to 40 CFR 300.415(n)(2)(i), 300.415(n)(4)(ii), 300.425(e)(4)(ii), 300.815(a), 300.820(a)(1), and 300.820(b)(1) to expand the methods by which the lead agency can notify the public about certain Superfund activities. This action will enable the lead agency to identify effective methods to notify the public. 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, EPA certifies 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. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: March 19, 2015. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. For the reasons set out above, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 0 1. The authority citation for part 300 is revised to read as follows: Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3CFR, [[Page 17706]] 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 0 2. Section 300.415 is amended by revising paragraphs (n)(2)(i) and (n)(4)(ii) to read as follows: Sec. 300.415 Removal action. * * * * * (n) * * * (2) * * * (i) Publish a notice of availability of the administrative record file established pursuant to Sec. 300.820 in a major local newspaper of general circulation or use one or more other mechanisms to give adequate notice to a community within 60 days of initiation of on-site removal activity; * * * * * (4) * * * (ii) Publish a notice of availability and brief description of the EE/CA in a major local newspaper of general circulation or use one or more other mechanisms to give adequate notice to a community pursuant to Sec. 300.820; * * * * * 0 3. Section 300.425 is amended by revising paragraph (e)(4)(ii) to read as follows: Sec. 300.425 Establishing remedial priorities. * * * * * (e) * * * (4) * * * (ii) In a major local newspaper of general circulation at or near the release that is proposed for deletion, publish a notice of availability or use one or more other mechanisms to give adequate notice to a community of the intent to delete; * * * * * 0 4. Section 300.815 is amended by revising paragraph (a) to read as follows: Sec. 300.815 Administrative record file for a remedial action. (a) The administrative record file for the selection of a remedial action shall be made available for public inspection at the commencement of the remedial investigation phase. At such time, the lead agency shall publish in a major local newspaper of general circulation a notice or use one or more other mechanisms to give adequate notice to a community of the availability of the administrative record file. * * * * * 0 5. Section 300.820 is amended by revising paragraphs (a)(1) and (b)(1) to read as follows: Sec. 300.820 Administrative record file for a removal action. (a) * * * (1) The administrative record file shall be made available for public inspection when the engineering evaluation/cost analysis (EE/CA) is made available for public comment. At such time, the lead agency shall publish in a major local newspaper of general circulation a notice or use one or more other mechanisms to give adequate notice to a community of the availability of the administrative record file. * * * * * (b) * * * (1) Documents included in the administrative record file shall be made available for public inspection no later than 60 days after initiation of on-site removal activity. At such time, the lead agency shall publish in a major local newspaper of general circulation a notice or use one or more other mechanisms to give adequate notice to a community of the availability of the administrative record file. * * * * * [FR Doc. 2015-07474 Filed 4-1-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17703
Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. ENVIRONMENTAL PROTECTION
seq.), do not apply. AGENCY
This action directly regulates growers, ■ 2. In § 180.475:
food processors, food handlers, and food ■ i. Remove ‘‘Chickpea’’ from the table 40 CFR Part 300
retailers, not States or tribes, nor does in paragraph (a)(1).
this action alter the relationships or [EPA–HQ–SFUND–2014–0620; FRL–9924–
ii. Add alphabetically the entries for 66–OSWER]
distribution of power and
‘‘Bushberry subgroup 13–07B’’, ‘‘Pea
responsibilities established by Congress RIN 2050–AG76
and bean, dried shelled, except soybean,
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency subgroup 6C’’, ‘‘Pea, field, hay’’, and
National Oil and Hazardous
has determined that this action will not ‘‘Pea, field, vines’’ to the table in Substances Pollution Contingency
have a substantial direct effect on States paragraph (a)(1). Plan (NCP); Amending the NCP for
or tribal governments, on the ■ iii. Revise the entries for ‘‘Apple, wet Public Notices for Specific Superfund
relationship between the national pomace’’ and ‘‘Fruit, pome, group 11– Activities
government and the States or tribal 10’’ in the table in paragraph (a)(1).
governments, or on the distribution of AGENCY: Environmental Protection
■ iv. Revise the entry for ‘‘Milk’’ in the Agency (EPA).
power and responsibilities among the
table in paragraph (a)(2). ACTION: Final rule.
various levels of government or between
the Federal Government and Indian The amendments read as follows:
tribes. Thus, the Agency has determined SUMMARY: The Environmental Protection
§ 180.475 Difenoconazole; tolerances for Agency (EPA or the Agency) is adding
that Executive Order 13132, entitled
residues. language to the National Oil and
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175, (a) * * * (1) * * * Hazardous Substances Pollution
entitled ‘‘Consultation and Coordination Contingency Plan (NCP) to broaden the
with Indian Tribal Governments’’ (65 FR Parts per methods by which the EPA can notify
Commodity the public about certain Superfund
67249, November 9, 2000) do not apply million
to this action. In addition, this action activities.
does not impose any enforceable duty or DATES: This final rule is effective on
contain any unfunded mandate as * * * * *
May 4, 2015.
described under Title II of the Unfunded Apple, wet pomace ..................... 25
ADDRESSES: EPA has established a
Mandates Reform Act (UMRA) (2 U.S.C. docket for this action under Docket ID
1501 et seq.). * * * * *
Bushberry subgroup 13–07B ...... 4.0 No. EPA–HQ–SFUND–2014–0620. All
This action does not involve any
documents in the docket are listed in
technical standards that would require
* * * * * the www.regulations.gov index.
Agency consideration of voluntary
Fruit, pome, group 11–10 ........... 5.0 Although listed in the index, some
consensus standards pursuant to section
information is not publicly available,
12(d) of the National Technology
* * * * * e.g., Confidential Business Information
Transfer and Advancement Act
Pea and bean, dried shelled, ex- (CBI) or other information whose
(NTTAA) (15 U.S.C. 272 note).
cept soybean, subgroup 6C .... 0.20 disclosure is restricted by statute.
VII. Congressional Review Act Pea, field, hay ............................. 40 Certain other material, such as
Pursuant to the Congressional Review Pea, field, vines .......................... 10 copyrighted material, will be publicly
Act (5 U.S.C. 801 et seq.), EPA will available only in hard copy. Publicly
submit a report containing this rule and * * * * * available docket materials are available
other required information to the U.S. either electronically in
Senate, the U.S. House of (2) * * * www.regulations.gov or in hard copy at
Representatives, and the Comptroller the Superfund Docket (Docket ID No.
General of the United States prior to Parts per EPA–HQ–SFUND–2014–0620). This
Commodity
publication of the rule in the Federal million Docket Facility is open from 8:30 a.m.
Register. This action is not a ‘‘major to 4:30 p.m., Monday through Friday,
rule’’ as defined by 5 U.S.C. 804(2). excluding legal holidays. The telephone
* * * * * number for the Reading Room is (202)
List of Subjects in 40 CFR Part 180 Milk ............................................. 0.02 566–1744 and the telephone number for
Environmental protection, the Superfund Docket is (202) 566–
Administrative practice and procedure, * * * * * 0276. The EPA Docket Center (EPA/DC)
Agricultural commodities, Pesticides is located at WJC West Building, Room
and pests, Reporting and recordkeeping * * * * * 3334, 1301 Constitution Ave. NW.,
[FR Doc. 2015–07354 Filed 4–1–15; 8:45 am]
requirements. Washington, DC.
BILLING CODE 6560–50–P
Dated: March 25, 2015. FOR FURTHER INFORMATION CONTACT:
Susan Lewis, General Information: Superfund,
Director, Registration Division, Office of Toxics Release Inventory (TRI),
Pesticide Programs. Emergency Planning and Community
Right-to-Know Act (EPCRA), Risk
tkelley on DSK3SPTVN1PROD with RULES
Therefore, 40 CFR chapter I is
Management Program (RMP) and Oil
amended as follows:
Information Center at (800) 424–9346 or
PART 180—[AMENDED] TDD (800) 553–7672 (hearing impaired).
In the Washington, DC metropolitan
■ 1. The authority citation for part 180 area, call (703) 412–9810 or TDD (703)
continues to read as follows: 412–3323.
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![Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations 17705
Year Review Guidance (EPA 540–R–01– this commenter. EPA staff frequently action will not have a significant
007, OSWER No. 9355.7–03B–P, June provide presentations in communities economic impact on a substantial
2001) says ‘‘[a]t a minimum, community about the Superfund process and how number of small entities. This action
involvement activities during the five- community members can be involved in does not contain any unfunded
year review should include notifying the process. In addition, through mandates or significantly or uniquely
the community that the five-year review programs like Technical Assistance affect small governments as described in
will be conducted and notifying the Services for Communities (TASC), EPA Sections 202 and 205 of the Unfunded
community when the five-year review is works closely with communities to Mandates Reform Act of 1999 (UMRA)
completed.’’ The Comprehensive Five- make sure they have the technical help (Pub. L. 104–4). This action does not
Year Review Guidance goes on to say they need. Sometimes, a community create new binding legal requirements
the site team should determine the best may need additional help to fully that substantially and directly affect
means for notifying the community understand local environmental issues Tribes under Executive Order 13175 (63
about the five-year review. Therefore, no and participate in decision-making. The FR 67249, November 9, 2000). This
revisions are necessary regarding public purpose of the TASC program is to meet action does not have significant
notification of the start and completion this need. Federalism implications under
of five-year reviews or availability of Finally, one commenter supported Executive Order 13132 (64 FR 43255,
draft or final five-year review reports. continuing to publish notices in major August 10, 1999). Because this action
One commenter suggested that while local newspapers because some has been exempted from review under
it need not be included in the new NCP communities continue to rely on local Executive Order 12866, this final rule is
language, EPA staff responsible for newspapers to get their information. not subject to Executive Order 13211,
public notification should continuously This final rule allows the Agency to entitled Actions Concerning Regulations
evaluate the effectiveness of the public publish notices in ‘‘major local That Significantly Affect Energy Supply,
notice vehicles they use because ‘‘[i]n newspapers of general circulation,’’ if Distribution, or Use (66 FR 28355, May
this world of new media the best way the local newspaper is determined to be 22, 2001) or Executive Order 13045,
to reach people varies by group and is the most effective vehicle for informing entitled Protection of Children from
continuously changing.’’ The Agency a community about certain Superfund Environmental Health Risks and Safety
agrees it is important to receive activities. Risks (62 FR 19885, April 23, 1997).
feedback from the community on a Thus, the amendment being This action does not contain any
regular basis on the best ways to promulgated is a useful and important information collections subject to OMB
communicate with them. During the change that will give the Agency the approval under the Paperwork
interviews conducted with community ability to determine the best method to Reduction Act (PRA), 44 U.S.C. 3501 et
members as part of the development of notify the public about certain seq., nor does it require any special
a Community Involvement Plan, EPA Superfund activities. EPA is
considerations under Executive Order
staff receive feedback on the best promulgating the change to add
12898, entitled Federal Actions to
methods to communicate with the language to 40 CFR part 300 as was
Address Environmental Justice in
public. EPA staff also take advantage of proposed.
Minority Populations and Low-Income
opportunities at public meetings and III. Statutory and Executive Order Populations (59 FR 7629, February 16,
through informal ongoing discussions Reviews 1994). This action does not involve
with community members about the technical standards; thus, the
ways they would like to receive As explained previously, this rule
takes final action on an amendment for requirements of Section 12(d) of the
information about site activities. Based
which we received comments in National Technology Transfer and
on this feedback, the Agency adjusts its
response to our October 1, 2014, Advancement Act of 1995 (15 U.S.C.
notification methods, if necessary.
Two commenters wrote the Agency National Oil and Hazardous Substances 272) do not apply.
ought to provide public notifications in Pollution Contingency Plan (NCP); List of Subjects in 40 CFR Part 300
English and in other prominent Amending the NCP for Public Notices
Environmental protection, Air
languages spoken in a community. The for Specific Superfund Activities.
Under Executive Order 12866 (58 FR pollution control, Chemicals, Hazardous
Agency agrees with these commenters. substances, Hazardous waste,
In communities where languages other 51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821, January 21, Intergovernmental relations, Penalties,
than English are spoken, the Agency Reporting and recordkeeping
does seek to translate site-related 2011), this action is not a ‘‘significant
regulatory action’’ and is therefore not requirements, Superfund, Water
information into the languages spoken
subject to OMB review. This action pollution control, Water supply.
in the communities. When appropriate,
the Agency can provide translators at merely adds language to 40 CFR Dated: March 19, 2015.
public meetings to communicate site- 300.415(n)(2)(i), 300.415(n)(4)(ii), Mathy Stanislaus,
related information to community 300.425(e)(4)(ii), 300.815(a), Assistant Administrator, Office of Solid Waste
members who do not speak English. 300.820(a)(1), and 300.820(b)(1) to and Emergency Response.
Some Agency staff are bilingual and are expand the methods by which the lead For the reasons set out above, title 40,
able to help communicate site-related agency can notify the public about chapter I of the Code of Federal
information in prominent languages certain Superfund activities. This action Regulations is amended as follows:
spoken in a community. will enable the lead agency to identify
One commenter wrote that some effective methods to notify the public. PART 300—NATIONAL OIL AND
communities are not knowledgeable This action does not impose any HAZARDOUS SUBSTANCES
tkelley on DSK3SPTVN1PROD with RULES
about the Superfund process, and that it requirements on any entity, including POLLUTION CONTINGENCY PLAN
is important to provide training for small entities. Therefore, pursuant to
community members in order to help the Regulatory Flexibility Act (5 U.S.C. ■ 1. The authority citation for part 300
them understand the Superfund 601 et seq.), after considering the is revised to read as follows:
process, and how they can be involved economic impacts of this action on Authority: 33 U.S.C. 1321(d); 42 U.S.C.
in the process. The Agency agrees with small entities, EPA certifies that this 9601–9657; E.O. 13626, 77 FR 56749, 3CFR,
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![17706 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules and Regulations
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, (1) The administrative record file Permits Division, Office of Hazardous
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 shall be made available for public Materials Safety, (202) 366–4512,
FR 2923, 3 CFR, 1987 Comp., p. 193. inspection when the engineering PHMSA, 1200 New Jersey Avenue SE.,
■ 2. Section 300.415 is amended by evaluation/cost analysis (EE/CA) is Washington, DC 20590.
revising paragraphs (n)(2)(i) and made available for public comment. At SUPPLEMENTARY INFORMATION:
(n)(4)(ii) to read as follows: such time, the lead agency shall publish
in a major local newspaper of general I. Background
§ 300.415 Removal action. circulation a notice or use one or more On July 16, 2013, PHMSA published
* * * * * other mechanisms to give adequate a final rule under docket HM–257 titled,
(n) * * * notice to a community of the availability ‘‘Hazardous Materials: Revision to
(2) * * * of the administrative record file. Fireworks Regulations (RRR).’’ The
(i) Publish a notice of availability of * * * * * intent of the final rule was to provide
the administrative record file (b) * * * regulatory flexibility in seeking
established pursuant to § 300.820 in a (1) Documents included in the authorization for the transportation of
major local newspaper of general administrative record file shall be made Division 1.4G consumer fireworks
circulation or use one or more other available for public inspection no later (UN0336 Fireworks). The final rule
mechanisms to give adequate notice to than 60 days after initiation of on-site created a new type of DOT-approved
a community within 60 days of removal activity. At such time, the lead certification agency, the Firework
initiation of on-site removal activity; agency shall publish in a major local Certification Agency (FCA), which
* * * * * newspaper of general circulation a serves as an optional alternate approvals
(4) * * * notice or use one or more other agency for fireworks manufacturers or
(ii) Publish a notice of availability and mechanisms to give adequate notice to designated U.S. agents to submit
brief description of the EE/CA in a a community of the availability of the approval applications. These approvals
major local newspaper of general administrative record file. issued by FCAs use a ‘‘FC’’ numbering
circulation or use one or more other system different from PHMSA’s ‘‘EX’’
* * * * * system. As mentioned above, the intent
mechanisms to give adequate notice to [FR Doc. 2015–07474 Filed 4–1–15; 8:45 am]
a community pursuant to § 300.820; of the final rule was to provide
BILLING CODE 6560–50–P
regulatory flexibility in the approval
* * * * *
process for 1.4G consumer fireworks.
■ 3. Section 300.425 is amended by PHMSA found that the level of effort
revising paragraph (e)(4)(ii) to read as DEPARTMENT OF TRANSPORTATION required to process that high-volume of
follows: Approval applications was not
Pipeline and Hazardous Materials
§ 300.425 Establishing remedial priorities. commensurate with the safety benefits
Safety Administration
required by the APA Standard 87–1 or
* * * * *
the Hazardous Materials Regulations
(e) * * * 49 CFR Part 173 (HMR, 49 CFR parts 171–180).
(4) * * * PHMSA’s Approvals and Permits
[Docket No. PHMSA–2013–0205; Notice No.
(ii) In a major local newspaper of 15–10] Division evaluates and approves as
general circulation at or near the release many as 1,000 applications annually for
that is proposed for deletion, publish a Clarification on Policy for Additional devices that are chemically and
notice of availability or use one or more Name Requests Regarding Fireworks physically identical. The only variant is
other mechanisms to give adequate the item or device’s name. PHMSA
notice to a community of the intent to AGENCY: Pipeline and Hazardous
Materials Safety Administration identified an additional area where can
delete; streamline and expedite the approval
* * * * * (PHMSA), DOT.
process. Typically, firework
ACTION: Clarification.
■ 4. Section 300.815 is amended by manufacturers request a revised EX
revising paragraph (a) to read as follows: SUMMARY: The Pipeline and Hazardous Approval application each time they
Materials Safety Administration’s add or change the name of a firework.
§ 300.815 Administrative record file for a
(PHMSA), Office of Hazardous Materials PHMSA has historically accepted each
remedial action.
Safety (OHMS), is revising its EX Approval application for each
(a) The administrative record file for approved firework, to include the
the selection of a remedial action shall application-approval procedures for
previously approved firework designs original diagram and chemical
be made available for public inspection compositions sheets. This process
at the commencement of the remedial and clarifying requirements for
assigning Explosives (EX) Approval or provides no additional safety benefit. As
investigation phase. At such time, the a result, PHMSA will no longer provide
lead agency shall publish in a major Fireworks Certification (FC) numbers. It
is not required or necessary for a these approvals.
local newspaper of general circulation a By eliminating this redundant
notice or use one or more other firework manufacturer, or designated
agent, to submit a new EX Approval process, PHMSA will devote the saved
mechanisms to give adequate notice to time and resources toward other
a community of the availability of the application each time an additional item
name is associated with a firework applications. As a result, we will reduce
administrative record file. the wait-time for other Approval
design type (described under UN0336,
* * * * * UN0335, and UN0431). PHMSA will no applications with more substantial
■ 5. Section 300.820 is amended by safety benefits.
tkelley on DSK3SPTVN1PROD with RULES
longer process additional item name EX
revising paragraphs (a)(1) and (b)(1) to Approval applications, effective II. Guidelines for Adding or Changing
read as follows: immediately. a Firework Product’s Name
§ 300.820 Administrative record file for a DATES: Effective April 2, 2015. In accordance with § 172.320, the EX-
removal action. FOR FURTHER INFORMATION CONTACT: Mr. number, FC-number, product code or
(a) * * * Ryan Paquet, Director, Approvals and national stock number must be either
VerDate Sep<11>2014 16:10 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1](https://thefederalregister.org/doc/80_FR_17766/page/4.svg)
Document Created: 2018-02-21 10:03:53
Document Modified: 2018-02-21 10:03:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on May 4, 2015. | |
| Contact | General Information: Superfund, Toxics Release Inventory (TRI), Emergency Planning and Community Right-to-Know Act (EPCRA), Risk Management Program (RMP) and Oil Information 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. | |
| FR Citation | 80 FR 17703 | |
| RIN Number | 2050-AG76 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply |
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