82_FR_28157 82 FR 28040 - Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA

82 FR 28040 - Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28040-28041
FR Document2017-12839

EPA is proposing to amend the Standards and Practices for All Appropriate Inquiries to update an existing reference to a standard practice recently made available by ASTM International, a widely recognized standards development organization. Specifically, EPA is proposing 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). In the ``Rules and Regulations'' section of this Federal Register, EPA is amending the All Appropriate Inquiries Rule to reference the ASTM E2247-16 Standard as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Proposed Rules]
[Pages 28040-28041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12839]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-OLEM-2016-0786; FRL-9958-46-OLEM]


Amendment to Standards and Practices for All Appropriate 
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to amend the Standards and Practices for All 
Appropriate Inquiries to update an existing reference to a standard 
practice recently made available by ASTM International, a widely 
recognized standards development organization. Specifically, EPA is 
proposing 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). In the ``Rules and Regulations'' section of this Federal 
Register, EPA is amending the All Appropriate Inquiries Rule to 
reference the ASTM E2247-16 Standard as a direct final rule without a 
prior proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Written comments must be received by July 20, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2016-0786 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
CERCLA Call Center at 800-424-9346 or TDD 800-553-7672 (hearing 
impaired). In the Washington, DC metropolitan

[[Page 28041]]

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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using this proposed rule?

    This document proposes an amendment to 40 Code of Federal 
Regulations (CFR) part 312. In the ``Rules and Regulations'' section of 
this Federal Register, EPA is making these changes as a direct final 
rule without a prior proposed rule because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action, including our reasons for the 
specific amendment, in the preamble to the direct final rule. 
Additionally, the amendment to the regulatory text for this proposed 
rule can also be found in the direct final rule. If we receive no 
adverse comment on any of the changes we are promulgating today, we 
will not take further action on this proposed rule. If, however, we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this amendment will not take 
effect, and the reason for such withdrawal. We do not intend to 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. EPA will address 
public comments in any subsequent final rule. For further information, 
please see the information provided in the ADDRESSES section of this 
document.

II. Does this action apply to me?

    The discussion of the potentially affected entities by this 
proposed rule can be found in the preamble to the direct final rule.

III. Statutory and Executive Order Reviews

    For a complete discussion of all the administrative requirements 
applicable to this action, see the direct final rule in the ``Rules and 
Regulations'' section of this Federal Register.

List of Subjects in 40 CFR Part 312

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

    Dated: June 12, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
[FR Doc. 2017-12839 Filed 6-19-17; 8:45 am]
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                                                      28040                    Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Proposed Rules

                                                      proposed analytical method changes                      Letter Post. Id. The Postal Service                    ACTION:   Proposed rule.
                                                      filed in this docket as Proposal Two.                   believes that the current MCS
                                                                                                              classification is consistent with the fact             SUMMARY:    EPA is proposing to amend
                                                      II. Proposal Two                                                                                               the Standards and Practices for All
                                                                                                              that there is no costing reason to
                                                        Background. During the FY 2016                        maintain a distinction between Target                  Appropriate Inquiries to update an
                                                      Annual Compliance Determination                         and Transition Countries. Id. at 7. The                existing reference to a standard practice
                                                      (ACD) process, in response to an                        differences arising from the proposed                  recently made available by ASTM
                                                      information request, the Postal Service                 modification are presented in a non-                   International, a widely recognized
                                                      developed a methodology for revising                    public file which was filed under seal                 standards development organization.
                                                      the International Cost and Revenue                      with the Petition. Id.                                 Specifically, EPA is proposing to amend
                                                      Analysis report (ICRA) by changing the                                                                         the All Appropriate Inquiries Rule to
                                                                                                              III. Notice and Comment                                reference ASTM International’s E2247–
                                                      costing methodology for the treatment of
                                                      Inbound mail, including Letter Post,                       The Commission establishes Docket                   16 ‘‘Standard Practice for
                                                      Parcel Post and Express Mail Service to                 No. RM2017–6 for consideration of                      Environmental Site Assessments: Phase
                                                      adjust for the increasingly difficult task              matters raised by the Petition. More                   I Environmental Site Assessment
                                                      of maintaining statistical reliability of               information on the Petition may be                     Process for Forestland or Rural
                                                      reporting UPU Target and Transition                     accessed via the Commission’s Web site                 Property’’ and allow for its use to satisfy
                                                      Countries separately. Proposal Two at                   at http://www.prc.gov. Interested                      the statutory requirements for
                                                      1–2. Proposal Two is presented in                       persons may submit comments on the                     conducting all appropriate inquiries
                                                      response to Commission discussion in                    Petition and Proposal Two no later than                under the Comprehensive
                                                      the FY 2016 ACD regarding those                         July 31, 2017. Pursuant to 39 U.S.C. 505,              Environmental Response, Compensation
                                                      revisions.2 Although the methodology                    Katalin K. Clendenin is designated as                  and Liability Act (CERCLA). In the
                                                      was used provisionally for assessing                    officer of the Commission (Public                      ‘‘Rules and Regulations’’ section of this
                                                      compliance in the FY 2016 ACD, the                      Representative) to represent the                       Federal Register, EPA is amending the
                                                      Commission stated that the                              interests of the general public in this                All Appropriate Inquiries Rule to
                                                      methodology must be reviewed by the                     proceeding.                                            reference the ASTM E2247–16 Standard
                                                      Commission through a docketed                           IV. Ordering Paragraphs                                as a direct final rule without a prior
                                                      proceeding before it may be used in                                                                            proposed rule. If we receive no adverse
                                                                                                                It is ordered:                                       comment, we will not take further
                                                      future ACDs. Proposal Two at 2; see FY                    1. The Commission establishes Docket
                                                      2016 ACD at 64.                                                                                                action on this proposed rule.
                                                                                                              No. RM2017–6 for consideration of the
                                                        Proposal. Proposal Two implements                                                                            DATES: Written comments must be
                                                                                                              matters raised by the Petition of the
                                                      the costing methodology developed in                                                                           received by July 20, 2017.
                                                                                                              United States Postal Service for the
                                                      response to Chairman’s Information                      Initiation of a Proceeding to Consider                 ADDRESSES: Submit your comments,
                                                      Request No. 12, question 1, in the FY                   Proposed Changes in Analytical                         identified by Docket ID No. EPA–HQ–
                                                      2016 ACD process and consolidates the                   Principles (Proposal Two), filed June 8,               OLEM–2016–0786 at http://
                                                      cost estimates for Target and Transition                2017.                                                  www.regulations.gov. Follow the online
                                                      Countries. Proposal Two at 6. Proposal                    2. Comments by interested persons in                 instructions for submitting comments.
                                                      Two would also combine Inbound                          this proceeding are due no later than                  Once submitted, comments cannot be
                                                      Letter Post from Target and Transition                  July 31, 2017.                                         edited or removed from Regulations.gov.
                                                      Countries at UPU rates reporting into a                   3. Pursuant to 39 U.S.C. 505, the                    The EPA may publish any comment
                                                      single ICRA Inbound Letter Post at UPU                  Commission appoints Katalin K.                         received to its public docket. Do not
                                                      rates line separate from Canada. There                  Clendenin to serve as an officer of the                submit electronically any information
                                                      would no longer be a need for the In-                   Commission (Public Representative) to                  you consider to be Confidential
                                                      Office Cost System analysis to separate                 represent the interests of the general                 Business Information (CBI) or other
                                                      costs into Target and Transition                        public in this docket.                                 information whose disclosure is
                                                      Countries in the Cost and Revenue                         4. The Secretary shall arrange for                   restricted by statute. Multimedia
                                                      Analysis Cost Segments tab of the                       publication of this order in the Federal               submissions (audio, video, etc.) must be
                                                      Inputs file. The Canada and UPU                         Register.                                              accompanied by a written comment.
                                                      separation remains in place. Id.                                                                               The written comment is considered the
                                                                                                                By the Commission.
                                                        Rationale and impact. The Postal                                                                             official comment and should include
                                                                                                              Stacy L. Ruble,
                                                      Service states that continuing the Target                                                                      discussion of all points you wish to
                                                      Country and Transition Country                          Secretary.
                                                                                                                                                                     make. The EPA will generally not
                                                      distinction is not consistent with the                  [FR Doc. 2017–12779 Filed 6–19–17; 8:45 am]
                                                                                                                                                                     consider comments or comment
                                                      current Mail Classification Schedule                    BILLING CODE 7710–FW–P                                 contents located outside of the primary
                                                      (MCS) and produces increasingly                                                                                submission (i.e. on the web, cloud, or
                                                      unreliable or misleading cost estimates                                                                        other file sharing system). For
                                                      due to the shrinking Transition Country                 ENVIRONMENTAL PROTECTION                               additional submission methods, the full
                                                      classification. Id. The MCS makes no                    AGENCY                                                 EPA public comment policy,
                                                      distinction between Target and                                                                                 information about CBI or multimedia
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                                                      Transition Countries regarding Inbound                  40 CFR Part 312                                        submissions, and general guidance on
                                                                                                              [EPA–HQ–OLEM–2016–0786; FRL–9958–                      making effective comments, please visit
                                                        2 See  Docket No. ACR2016, Annual Compliance          46–OLEM]                                               https://www.epa.gov/dockets/
                                                      Determination, March 28, 2017, at 63–65 (FY 2016
                                                      ACD). The Postal Service states that the
                                                                                                                                                                     commenting-epa-dockets.
                                                                                                              Amendment to Standards and
                                                      Commission linked the potential filing of Proposal                                                             FOR FURTHER INFORMATION CONTACT: For
                                                      Two to discussion of certain other topics but that      Practices for All Appropriate Inquiries
                                                                                                                                                                     general information, contact the
                                                      none of the issues raised by these topics directly      Under CERCLA
                                                      relates to the merits of Proposal Two and views it
                                                                                                                                                                     CERCLA Call Center at 800–424–9346 or
                                                      as entirely independent of these other matters.         AGENCY: Environmental Protection                       TDD 800–553–7672 (hearing impaired).
                                                      Petition at 1.                                          Agency (EPA).                                          In the Washington, DC metropolitan


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                                                                               Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Proposed Rules                                           28041

                                                      area, call 703–412–9810 or TDD 703–                       Dated: June 12, 2017.                                confirm receipt of your comment(s),
                                                      412–3323. For more detailed                             Barry N. Breen,                                        please check www.regulations.gov,
                                                      information on specific aspects of this                 Acting Assistant Administrator, Office of              approximately two to three days after
                                                      rule, contact Patricia Overmeyer, Office                Land and Emergency Management.                         submission to verify posting (allow 30
                                                      of Brownfields and Land Revitalization                  [FR Doc. 2017–12839 Filed 6–19–17; 8:45 am]            days for posting of comments submitted
                                                      (5105T), U.S. Environmental Protection                  BILLING CODE 6560–50–P                                 by mail).
                                                      Agency, 1200 Pennsylvania Avenue                                                                               FOR FURTHER INFORMATION CONTACT: Ms.
                                                      NW., Washington, DC 20460–0002, 202–                                                                           Jennifer Johnson, telephone 571–372–
                                                      566–2774, or overmeyer.patricia@                        DEPARTMENT OF DEFENSE                                  6100; or Ms. Carrie Moore, telephone
                                                      epa.gov.                                                                                                       571–372–6093.
                                                      SUPPLEMENTARY INFORMATION:                              Defense Acquisition Regulations                        SUPPLEMENTARY INFORMATION: On
                                                                                                              System                                                 February 24, 2017, the President signed
                                                      I. Why is EPA using this proposed rule?                                                                        Executive Order (E.O.) 13777,
                                                                                                              [DFARS–RRTF–2017–01; Docket DARS–
                                                         This document proposes an                            2017–0001]                                             ‘‘Enforcing the Regulatory Reform
                                                      amendment to 40 Code of Federal                                                                                Agenda,’’ which established a Federal
                                                      Regulations (CFR) part 312. In the                      Defense Federal Acquisition                            policy ‘‘to alleviate unnecessary
                                                      ‘‘Rules and Regulations’’ section of this               Regulation Supplement; DFARS                           regulatory burdens’’ on the American
                                                      Federal Register, EPA is making these                   Subgroup to the DoD Regulatory                         people. Section 3(a) of the E.O. directs
                                                      changes as a direct final rule without a                Reform Task Force, Review of DFARS                     Federal agencies to establish a
                                                      prior proposed rule because we view                     Solicitation Provisions and Contract                   Regulatory Reform Task Force (Task
                                                      this as a noncontroversial action and                   Clauses                                                Force). One of the duties of the Task
                                                      anticipate no adverse comment. We                                                                              Force is to evaluate existing regulations
                                                                                                              AGENCY:  Defense Acquisition                           and ‘‘make recommendations to the
                                                      have explained our reasons for this
                                                                                                              Regulations System, Department of                      agency head regarding their repeal,
                                                      action, including our reasons for the
                                                                                                              Defense.                                               replacement, or modification.’’ The E.O.
                                                      specific amendment, in the preamble to
                                                      the direct final rule. Additionally, the                ACTION: Request for comment.                           further asks that each Task Force
                                                      amendment to the regulatory text for                                                                           ‘‘attempt to identify regulations that:
                                                                                                              SUMMARY:   In accordance with Executive                   (i) Eliminate jobs, or inhibit job
                                                      this proposed rule can also be found in                 Order 13777, ‘‘Enforcing the Regulatory
                                                      the direct final rule. If we receive no                                                                        creation; (ii) are outdated, unnecessary,
                                                                                                              Reform Agenda,’’ the DFARS Subgroup                    or ineffective; (iii) impose costs that
                                                      adverse comment on any of the changes                   to the DoD Regulatory Reform Task
                                                      we are promulgating today, we will not                                                                         exceed benefits; (iv) create a serious
                                                                                                              Force is seeking input on DFARS                        inconsistency or otherwise interfere
                                                      take further action on this proposed                    solicitation provisions and contract
                                                      rule. If, however, we receive such                                                                             with regulatory reform initiatives and
                                                                                                              clauses that may be appropriate for                    policies; (v) are inconsistent with the
                                                      comment, we will publish a timely                       repeal, replacement, or modification.
                                                      withdrawal in the Federal Register                                                                             requirements of section 515 of the
                                                                                                              See the Supplementary Information                      Treasury and General Government
                                                      informing the public that this                          section below for additional guidance.
                                                      amendment will not take effect, and the                                                                        Appropriation Act, 2001 (44 U.S.C. 3516
                                                                                                              DATES: Interested parties should submit                note), or the guidance issued pursuant
                                                      reason for such withdrawal. We do not
                                                      intend to institute a second comment                    written comments to the address shown                  to that provision in particular those
                                                      period on this action. Any parties                      below on or before August 21, 2017, to                 regulations that rely in whole or in part
                                                      interested in commenting must do so at                  be considered.                                         on data, information, or methods that
                                                      this time. EPA will address public                      ADDRESSES: Submit comments                             are not publicly available or that are
                                                      comments in any subsequent final rule.                  identified by ‘‘DFARS–RRTF–2017–01’’                   insufficiently transparent to meet the
                                                      For further information, please see the                 using any of the following methods:                    standard of reproducibility; or (vi)
                                                      information provided in the ADDRESSES                      Æ Regulations.gov: http://                          derive from or implement Executive
                                                      section of this document.                               www.regulations.gov. Submit comments                   Orders or other Presidential directives
                                                                                                              via the Federal eRulemaking portal by                  that have been subsequently rescinded
                                                      II. Does this action apply to me?                       entering ‘‘DFARS–RRTF–2017–01’’                        or substantially modified.’’ Section 3(e)
                                                         The discussion of the potentially                    under the heading ‘‘Enter keyword or                   of the E.O. 13777 calls on the Task
                                                      affected entities by this proposed rule                 ID’’ and selecting ‘‘Search.’’ Select the              Force to ‘‘seek input and other
                                                      can be found in the preamble to the                     link ‘‘Submit a Comment’’ that                         assistance, as permitted by law, from
                                                      direct final rule.                                      corresponds with ‘‘DFARS–RRTF–                         entities significantly affected by Federal
                                                                                                              2017–01.’’ Follow the instructions                     regulations, including State, local, and
                                                      III. Statutory and Executive Order                      provided at the ‘‘Submit a Comment’’                   tribal governments, small businesses,
                                                      Reviews                                                 screen. Please include your name,                      consumers, non-governmental
                                                        For a complete discussion of all the                  company name (if any), and ‘‘DFARS–                    organizations, trade associations’’ on
                                                      administrative requirements applicable                  RRTF–2017–01’’ on your attached                        regulations that meet some or all of the
                                                      to this action, see the direct final rule in            document.                                              criteria above. Through this notice, DoD
                                                      the ‘‘Rules and Regulations’’ section of                   Æ Fax: 571–372–6099.                                is soliciting such input from the public
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                                                      this Federal Register.                                     Æ Mail: Defense Acquisition                         to inform evaluation of the DFARS part
                                                                                                              Regulations System, Attn: DFARS                        252 solicitation provisions and contract
                                                      List of Subjects in 40 CFR Part 312                     Subgroup RRTF, OUSD(AT&L)DPAP/                         clauses by the Task Force’s DFARS
                                                        Environmental Protection,                             DARS, Room 3B941, 3060 Defense                         Subgroup. Although the agency will not
                                                      Administrative practice and procedure,                  Pentagon, Washington, DC 20301–3060.                   respond to each individual comment,
                                                      Hazardous substances,                                      Comments received generally will be                 DoD may follow-up with respondents to
                                                      Intergovernmental relations, Reporting                  posted without change to http://                       clarify comments. DoD values public
                                                      and recordkeeping requirements,                         www.regulations.gov, including any                     feedback and will consider all input that
                                                      Superfund.                                              personal information provided. To                      it receives. Furthermore, DoD may share


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Document Created: 2017-06-20 02:21:20
Document Modified: 2017-06-20 02:21:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received by July 20, 2017.
ContactFor general information, contact the 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 [email protected]
FR Citation82 FR 28040 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Hazardous Substances; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Superfund

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