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)

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.

[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]


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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.

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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