82 FR 12333 - Financial Responsibility Requirements Under CERCLA § 108(b) for Classes of Facilities in the Hardrock Mining Industry; Extension of Comment Period

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 40 (March 2, 2017)

Page Range		12333-12334
FR Document		2017-04007

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled ``Financial Responsibility Requirements under CERCLA Sec. 108(b) for Classes of Facilities in the Hardrock Mining Industry.'' That proposed rule was published on January 11, 2017, and the public comment period was scheduled to end on March 13, 2017. However, a number of parties have requested additional time to review the proposed rule and supporting information, and to develop and submit comments. Therefore, in response, EPA is extending the comment period an additional 120 days, so that comments are now due on or before July 11, 2017.

Federal Register, Volume 82 Issue 40 (Thursday, March 2, 2017)

[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12333-12334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04007]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 320

[EPA-HQ-SFUND-2015-0781; FRL-FRL 9959-85-OLEM]
RIN 2050-AG61


Financial Responsibility Requirements Under CERCLA Sec.  108(b) 
for Classes of Facilities in the Hardrock Mining Industry; Extension of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the 
comment period for the proposed rule entitled

[[Page 12334]]

``Financial Responsibility Requirements under CERCLA Sec.  108(b) for 
Classes of Facilities in the Hardrock Mining Industry.'' That proposed 
rule was published on January 11, 2017, and the public comment period 
was scheduled to end on March 13, 2017. However, a number of parties 
have requested additional time to review the proposed rule and 
supporting information, and to develop and submit comments. Therefore, 
in response, EPA is extending the comment period an additional 120 
days, so that comments are now due on or before July 11, 2017.

DATES: Comments on the proposed rule must be received on or before July 
11, 2017.

ADDRESSES: Submit your comments on the proposed rule, identified by 
Docket ID No. EPA-HQ-SFUND-2015-0781, at http://www.regulations.gov. 
Follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For questions on the January 11, 2017, 
proposed rule or on this document, contact Barbara Foster, Program 
Implementation and Information Division, Office of Resource 
Conservation and Recovery, Mail code 5303P, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: (703) 308-7057; email address: [email protected], or 
Michael Pease, Program Implementation and Information Division, Office 
of Resource Conservation and Recovery, Mail code 5303P, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (703) 308-0008; email address: [email protected].

SUPPLEMENTARY INFORMATION: On January 11, 2017, EPA published in the 
Federal Register proposed requirements under section 108(b) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) for demonstrating financial responsibility.\1\ The proposed 
rule would create a new part in the CERCLA regulations to require 
financial responsibility under CERCLA section 108(b), define 
requirements for demonstration of financial responsibility, define 
requirements for maintenance of financial responsibility instruments, 
and establish criteria for owners and operators to be released from 
financial responsibility requirements. In addition, the proposed rule 
would establish specific financial responsibility requirements 
applicable to certain classes of mines and associated mineral 
processing facilities within the hardrock mining industry.
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    \1\ See Financial Responsibility Requirements under CERCLA Sec.  
108(b) for Classes of Facilities in the Hardrock Mining Industry (82 
FR 3388, January 11, 2017).
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    The comment period for the proposed rule was scheduled to end on 
March 13, 2017. Since publication, EPA has received more than 60 
requests to extend that comment period to allow the public additional 
time to develop comments on the proposed rule. The requests were for 
extensions ranging from 60 days to 120 days, and came from members of 
Congress, mining companies, states, state groups, and trade 
associations. The requestors cited a number of reasons for needing an 
extended comment period including the size and complexity of the rule, 
and the amount of background information in the rulemaking docket.
    In addition to requests to extend the comment period, EPA also 
received a request to not extend it. This request came from several 
environmental groups concerned that the rule move forward without 
delay.
    EPA acknowledges that the proposed rule and supporting materials 
include a substantial amount of information, and that EPA's proposed 
section 108(b) requirements are novel. Those commenters who have 
requested an extension have provided information to EPA demonstrating 
that they need more time than the 60 days EPA originally allotted to 
evaluate EPA's proposal and supporting information and develop their 
comments. Thus, after considering these comments, EPA has decided to 
extend the comment period for 120 days. This document is the Agency's 
response to those persons who requested an extension of the comment 
period.
    As a result of this action, comments on the proposed rule must be 
submitted by July 11, 2017.

List of Subjects in 40 CFR Part 320

    Environmental protection, Financial responsibility, Hardrock 
mining, Hazardous substances.

    Dated: February 23, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
[FR Doc. 2017-04007 Filed 3-1-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules 12333

Circuit affirmed CSAPR in most submit these revisions within the one- safety risks subject to Executive Order
respects, but invalidated without year timeframe, the conditional 13045 (62 FR 19885, April 23, 1997);
vacating some of the CSAPR budgets as approval will automatically become a • is not a significant regulatory action
to a number of states. EME Homer City disapproval one year from EPA’s final subject to Executive Order 13211 (66 FR
Generation, L.P. v. EPA, 795 F.3d 118 conditional approval and EPA will issue 28355, May 22, 2001);
(D.C. Cir. 2015). EPA began a finding of disapproval. EPA is not • is not subject to requirements of
implementation of CSAPR, which required to propose the finding of Section 12(d) of the National
replaced CAIR, on January 1, 2015. disapproval. If the conditional approval Technology Transfer and Advancement
Therefore, Tennessee cannot rely on is converted to a disapproval, the final Act of 1995 (15 U.S.C. 272 note) because
CAIR to satisfy the BART requirement disapproval triggers the FIP requirement application of those requirements would
and the requirement for a long-term under CAA section 110(c). be inconsistent with the CAA; and
strategy sufficient to achieve the state- • does not provide EPA with the
adopted reasonable progress goals. V. Proposed Action discretionary authority to address, as
As mentioned above, a state may meet As described above, EPA is proposing appropriate, disproportionate human
the requirements of prong 4 without a to conditionally approve the prong 4 health or environmental effects, using
fully approved regional haze SIP by portions of Tennessee’s March 13, 2014, practicable and legally permissible
showing that its SIP contains adequate 2010 1-hour NO2 and 2010 1-hour SO2 methods, under Executive Order 12898
provisions to prevent emissions from infrastructure SIP submission and (59 FR 7629, February 16, 1994).
within the state from interfering with December 16, 2015, 2012 PM2.5 The SIP is not approved to apply on
other states’ measures to protect infrastructure SIP submission. All other any Indian reservation land or in any
visibility. Tennessee did not, however, outstanding applicable infrastructure other area where EPA or an Indian tribe
provide a demonstration in any of the requirements for these SIP submissions has demonstrated that a tribe has
infrastructure SIP submissions subject have been or will be addressed in jurisdiction. In those areas of Indian
to this proposed action that emissions separate rulemakings. country, the rule does not have tribal
within its jurisdiction do not interfere implications as specified by Executive
with other states’ plans to protect VI. Statutory and Executive Order Order 13175 (65 FR 67249, November 9,
visibility. Reviews 2000), nor will it impose substantial
As discussed above, Tennessee does Under the CAA, the Administrator is direct costs on tribal governments or
not have a fully approved regional haze required to approve a SIP submission preempt tribal law.
SIP that meets the requirements of 40 that complies with the provisions of the
CFR 51.308 and has not otherwise List of Subjects in 40 CFR Part 52
Act and applicable federal regulations.
shown that its SIP contains adequate See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Environmental protection, Air
provisions to prevent emissions from Thus, in reviewing SIP submissions, pollution control, Incorporation by
within the state from interfering with EPA’s role is to approve state choices, reference, Intergovernmental relations,
other states’ measures to protect provided that they meet the criteria of Nitrogen dioxide, Ozone, Particulate
visibility. Therefore, on December 7, the CAA. Accordingly, this proposed matter, Reporting and recordkeeping
2016, Tennessee submitted a action merely proposes to approve state requirements, Volatile organic
commitment letter to EPA requesting law as meeting federal requirements and compounds.
conditional approval of the prong 4 does not impose additional Authority: 42 U.S.C. 7401 et seq.
portions of the aforementioned requirements beyond those imposed by
infrastructure SIP revisions. In this Dated: February 21, 2017.
state law. For that reason, this proposed Kenneth R. Lapierre,
letter, Tennessee commits to submit an action:
infrastructure SIP revision, within one Acting Regional Administrator, Region 4.
• Is not a ‘‘significant regulatory
year of final conditional approval, that [FR Doc. 2017–04009 Filed 3–1–17; 8:45 am]
action’’ subject to review by the Office
will satisfy the prong 4 requirements for BILLING CODE 6560–50–P
of Management and Budget under
the 2010 1-hour NO2 NAAQS, 2010 1-
Executive Orders 12866 (58 FR 51735,
hour SO2 NAAQS, and 2012 annual
PM2.5 NAAQS through reliance on a October 4, 1993) and 13563 (76 FR 3821,
ENVIRONMENTAL PROTECTION
fully approved regional haze SIP or January 21, 2011);
AGENCY
through an analysis showing that • does not impose an information
emissions from sources in Tennessee collection burden under the provisions 40 CFR Part 320
will not interfere with the attainment of of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.); [EPA–HQ–SFUND–2015–0781; FRL–FRL
the reasonable progress goals of other 9959–85–OLEM]
states. If the revised infrastructure SIP • is certified as not having a
revision relies on a fully approved significant economic impact on a RIN 2050–AG61
regional haze SIP revision to satisfy substantial number of small entities
under the Regulatory Flexibility Act (5 Financial Responsibility Requirements
prong 4 requirements, Tennessee also
U.S.C. 601 et seq.); Under CERCLA § 108(b) for Classes of
commits to providing the necessary
• does not contain any unfunded Facilities in the Hardrock Mining
regional haze SIP revision to EPA
mandate or significantly or uniquely Industry; Extension of Comment
within one year of EPA’s final
affect small governments, as described Period
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conditional approval.
If Tennessee meets its commitment in the Unfunded Mandates Reform Act AGENCY: Environmental Protection
within one year of final conditional of 1995 (Pub. L. 104–4); Agency (EPA).
approval, the prong 4 portions of the • does not have Federalism ACTION: Proposed rule; extension of
conditionally approved infrastructure implications as specified in Executive comment period.
SIP submissions will remain a part of Order 13132 (64 FR 43255, August 10,
the SIP until EPA takes final action 1999); SUMMARY: The Environmental Protection
approving or disapproving the new SIP • is not an economically significant Agency (EPA) is extending the comment
revision(s). However, if the State fails to regulatory action based on health or period for the proposed rule entitled

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12334 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules

‘‘Financial Responsibility Requirements proposed rule or on this document, the public additional time to develop
under CERCLA § 108(b) for Classes of contact Barbara Foster, Program comments on the proposed rule. The
Facilities in the Hardrock Mining Implementation and Information requests were for extensions ranging
Industry.’’ That proposed rule was Division, Office of Resource from 60 days to 120 days, and came
published on January 11, 2017, and the Conservation and Recovery, Mail code from members of Congress, mining
public comment period was scheduled 5303P, Environmental Protection companies, states, state groups, and
to end on March 13, 2017. However, a Agency, 1200 Pennsylvania Ave. NW., trade associations. The requestors cited
number of parties have requested Washington, DC 20460; telephone a number of reasons for needing an
additional time to review the proposed number: (703) 308–7057; email address: extended comment period including the
rule and supporting information, and to foster.barbara@epa.gov, or Michael size and complexity of the rule, and the
develop and submit comments. Pease, Program Implementation and amount of background information in
Therefore, in response, EPA is Information Division, Office of Resource the rulemaking docket.
extending the comment period an Conservation and Recovery, Mail code In addition to requests to extend the
additional 120 days, so that comments 5303P, Environmental Protection comment period, EPA also received a
are now due on or before July 11, 2017. Agency, 1200 Pennsylvania Ave. NW., request to not extend it. This request
DATES: Comments on the proposed rule Washington, DC 20460; telephone came from several environmental
must be received on or before July 11, number: (703) 308–0008; email address: groups concerned that the rule move
2017. pease.michael@epa.gov. forward without delay.
ADDRESSES: Submit your comments on SUPPLEMENTARY INFORMATION: On
EPA acknowledges that the proposed
the proposed rule, identified by Docket January 11, 2017, EPA published in the rule and supporting materials include a
ID No. EPA–HQ–SFUND–2015–0781, at Federal Register proposed requirements substantial amount of information, and
http://www.regulations.gov. Follow the under section 108(b) of the that EPA’s proposed section 108(b)
online instructions for submitting Comprehensive Environmental requirements are novel. Those
comments. Once submitted, comments Response, Compensation, and Liability commenters who have requested an
cannot be edited or removed from Act (CERCLA) for demonstrating extension have provided information to
Regulations.gov. EPA may publish any financial responsibility.1 The proposed EPA demonstrating that they need more
comment received to its public docket. rule would create a new part in the time than the 60 days EPA originally
Do not submit electronically any CERCLA regulations to require financial allotted to evaluate EPA’s proposal and
information you consider to be responsibility under CERCLA section supporting information and develop
Confidential Business Information (CBI) 108(b), define requirements for their comments. Thus, after considering
or other information whose disclosure is demonstration of financial these comments, EPA has decided to
restricted by statute. Multimedia responsibility, define requirements for extend the comment period for 120
submissions (audio, video, etc.) must be maintenance of financial responsibility days. This document is the Agency’s
accompanied by a written comment. instruments, and establish criteria for response to those persons who
The written comment is considered the owners and operators to be released requested an extension of the comment
official comment and should include from financial responsibility period.
discussion of all points you wish to requirements. In addition, the proposed
rule would establish specific financial As a result of this action, comments
make. EPA will generally not consider on the proposed rule must be submitted
comments or comment contents located responsibility requirements applicable
to certain classes of mines and by July 11, 2017.
outside of the primary submission (i.e.,
on the Web, cloud, or other file sharing associated mineral processing facilities List of Subjects in 40 CFR Part 320
system). For additional submission within the hardrock mining industry.
The comment period for the proposed Environmental protection, Financial
methods, the full EPA public comment
rule was scheduled to end on March 13, responsibility, Hardrock mining,
policy, information about CBI or
2017. Since publication, EPA has Hazardous substances.
multimedia submissions, and general
guidance on making effective received more than 60 requests to Dated: February 23, 2017.
comments, please visit http:// extend that comment period to allow Barry N. Breen,
www2.epa.gov/dockets/commenting- Acting Assistant Administrator, Office of
1 See Financial Responsibility Requirements
epa-dockets. Land and Emergency Management.
under CERCLA § 108(b) for Classes of Facilities in
FOR FURTHER INFORMATION CONTACT: For the Hardrock Mining Industry (82 FR 3388, January [FR Doc. 2017–04007 Filed 3–1–17; 8:45 am]
questions on the January 11, 2017, 11, 2017). BILLING CODE 6560–50–P
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Document Created: 2017-03-02 00:09:37
Document Modified: 2017-03-02 00:09:37

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		Proposed Rules
Action		Proposed rule; extension of comment period.
Dates		Comments on the proposed rule must be received on or before July 11, 2017.
Contact		For questions on the January 11, 2017, proposed rule or on this document, contact Barbara Foster, Program Implementation and Information Division, Office of Resource Conservation and Recovery, Mail code 5303P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
FR Citation		82 FR 12333
RIN Number		2050-AG61
CFR Associated		Environmental Protection; Financial Responsibility; Hardrock Mining and Hazardous Substances