82 FR 43309 - Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range		43309-43310
FR Document		2017-19594

On June 20, 2017, the U.S. Environmental Protection Agency (EPA or the agency) took direct final action to amend the All Appropriate Inquiries Rule to reference ASTM International's E2247-16 ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property'' and allow for its use to satisfy the statutory requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The direct final rule was scheduled to be effective on September 18, 2017, unless EPA received adverse written comment. Because EPA received adverse comment, we are withdrawing the direct final rule for the Amendment to Standards and Practices for All Appropriate Inquiries published on June 20, 2017.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)

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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

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


Amendment to Standards and Practices for All Appropriate 
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On June 20, 2017, the U.S. Environmental Protection Agency 
(EPA or the agency) took direct final action to amend the All 
Appropriate Inquiries Rule to reference ASTM International's E2247-16 
``Standard Practice for Environmental Site Assessments: Phase I 
Environmental Site Assessment Process for Forestland or Rural 
Property'' and allow for its use to satisfy the statutory requirements 
for conducting all appropriate inquiries under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA). The 
direct final rule was scheduled to be effective on September 18, 2017, 
unless EPA received adverse written comment. Because EPA received 
adverse comment, we are withdrawing the direct final rule for the 
Amendment to Standards and Practices for All Appropriate Inquiries 
published on June 20, 2017.

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

FOR FURTHER INFORMATION CONTACT: Patricia Overmeyer, Office of 
Brownfields and Land Revitalization (5105T), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-
0002, 202-566-2774, or [email protected].

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

List of Subjects in 40 CFR Part 312

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


[[Page 43310]]


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

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

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

Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43309

• does not have Federalism enforce its requirements. (See section or the agency) took direct final action to
implications as specified in Executive 307(b)(2)). amend the All Appropriate Inquiries
Order 13132 (64 FR 43255, August 10, Rule to reference ASTM International’s
List of Subjects in 40 CFR Part 62
1999); E2247–16 ‘‘Standard Practice for
• is not an economically significant Environmental protection, Air Environmental Site Assessments: Phase
regulatory action based on health or pollution control, Administrative I Environmental Site Assessment
safety risks subject to Executive Order practice and procedure,
Process for Forestland or Rural
13045 (62 FR 19885, April 23, 1997); Intergovernmental relations, Reporting
Property’’ and allow for its use to satisfy
• is not a significant regulatory action and recordkeeping requirements, Other
subject to Executive Order 13211 (66 FR Solid Waste Incineration units. the statutory requirements for
28355, May 22, 2001); conducting all appropriate inquiries
Dated: August 18, 2017. under the Comprehensive
• is not subject to requirements of Catherine R. McCabe,
Section 12(d) of the National Environmental Response, Compensation
Acting Regional Administrator, Region 2. and Liability Act (CERCLA). The direct
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because For the reasons stated in the final rule was scheduled to be effective
application of those requirements would preamble, EPA amends 40 CFR part 62 on September 18, 2017, unless EPA
be inconsistent with the CAA; and as set forth below: received adverse written comment.
• does not provide EPA with the Because EPA received adverse
discretionary authority to address, as PART 62—APPROVAL AND
comment, we are withdrawing the direct
appropriate, disproportionate human PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND final rule for the Amendment to
health or environmental effects, using Standards and Practices for All
practicable and legally permissible POLLUTANTS
Appropriate Inquiries published on June
methods, under Executive Order 12898 ■ 1. The authority citation for part 62 20, 2017.
(59 FR 7629, February 16, 1994). continues to read as follows:
In addition, this action does not have DATES: The direct final rule published
tribal implications as specified by Authority: 42 U.S.C.7401 et seq. on June 20, 2017 at 82 FR 28009 is
Executive Order 13175 because the ■ 2. Subpart CCC is amended by adding withdrawn effective September 15,
section 111(d)/129 plan is not approved an undesignated center heading and 2017.
to apply in Indian country located in the § 62.13358 to read as follows:
state, and EPA notes will not impose FOR FURTHER INFORMATION CONTACT:
Air Emissions From Other Solid Waste Patricia Overmeyer, Office of
substantial direct costs on tribal
Incineration (OSWI) Units Constructed Brownfields and Land Revitalization
governments or preempt tribal law.
on or Before December 16, 2005 (5105T), U.S. Environmental Protection
Thus, Executive Order 13175 does not
apply to this section. § 62.13358 Identification of plan—negative Agency, 1200 Pennsylvania Avenue
The Congressional Review Act, 5 declaration. NW., Washington, DC 20460–0002, 202–
U.S.C. 801 et seq., as added by the Small Letter from the Virgin Islands 566–2774, or overmeyer.patricia@
Business Regulatory Enforcement Department of Planning and Natural epa.gov.
Fairness Act of 1996, generally provides Resources submitted April 04, 2017 to
that before a rule may take effect, the Acting Regional Administrator SUPPLEMENTARY INFORMATION: Because
agency promulgating the rule must Catherine R. Mc Cabe, certifying that the EPA received adverse comment, we are
submit a rule report, which includes a United States Virgin Islands has no withdrawing the direct final rule for the
copy of the rule, to each House of the existing unites pursuant to 40 CFR 60 Amendment to Standards and Practices
Congress and to the Comptroller General Subpart FFFF, Emissions Guidelines for All Appropriate Inquiries published
of the United States. The EPA will and Compliaince Times for Other Solid on June 20, 2017 (82 FR 28009). We
submit a report containing this action Waste Incineration Units that stated in that direct final rule that if we
and other required information to the commenced construction on or before received adverse comment by July 20,
U.S. Senate, the U.S. House of December 9, 2004. 2017, the direct final rule would not
Representatives, and the Comptroller [FR Doc. 2017–19706 Filed 9–14–17; 8:45 am] take effect and we would publish a
General of the United States prior to BILLING CODE 6560–50–P
timely withdrawal in the Federal
publication of the rule in the Federal Register. We subsequently received
Register. A major rule cannot take effect adverse comment on that direct final
until 60 days after it is published in the ENVIRONMENTAL PROTECTION rule. We addressed the comments
Federal Register. This action is not a AGENCY received in the final action, which is
‘‘major rule’’ as defined by 5 U.S.C. published in the ‘‘Final Rules’’ section
804(2). 40 CFR Part 312 of this Federal Register. As stated in the
Under section 307(b)(1) of the CAA, direct final rule and the parallel
[EPA–HQ–OLEM–2016–0786; FRL–9967–
petitions for judicial review of this 47–OLEM] proposed rule, we will not institute a
action must be filed in the United States second comment period on the parallel
Court of Appeals for the appropriate RIN 2050–AG94
proposed rule published on June 20,
circuit by November 14, 2017.
Amendment to Standards and 2017 (82 FR 28040).
Filing a petition for reconsideration
by the Administrator of this final rule Practices for All Appropriate Inquiries List of Subjects in 40 CFR Part 312
Under CERCLA
mstockstill on DSK30JT082PROD with RULES

does not affect the finality of this action
for the purposes of judicial review nor AGENCY: Environmental Protection Environmental protection,
does it extend the time within which a Agency (EPA). Administrative practice and procedure,
petition for judicial review may be filed Hazardous substances,
ACTION: Withdrawal of direct final rule.
and shall not postpone the effectiveness Intergovernmental relations, Reporting
of such rule or action. This action may SUMMARY:On June 20, 2017, the U.S. and recordkeeping requirements,
not be challenged later in proceedings to Environmental Protection Agency (EPA Superfund.

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43310 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations

Dated: August 31, 2017. CERCLA Call Center at 800–424–9346 or receive brownfields site assessment
Barry N. Breen, TDD 800–553–7672 (hearing impaired). grants. A summary of the potentially
Acting Assistant Administrator, Office of In the Washington, DC metropolitan affected industry sectors (by North
Land and Emergency Management. area, call 703–412–9810 or TDD 703– American Industry Classification
■ Accordingly, EPA withdraws the 412–3323. For more detailed System (NAICS) codes) is displayed in
amendment to 40 CFR 312.11(a), information on specific aspects of this the table below.
published in the Federal Register on rule, contact Patricia Overmeyer, Office
June 20, 2017 (82 FR 28009), as of of Brownfields and Land Revitalization Industry category NAICS code
September 15, 2017. (5105T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue Real Estate .................... 531
[FR Doc. 2017–19594 Filed 9–14–17; 8:45 am] Insurance ....................... 52412
NW., Washington, DC 20460–0002, 202–
BILLING CODE 6560–50–P Banking/Real Estate 52292
566–2774, or overmeyer.patricia@ Credit.
epa.gov. Environmental Con- 54162
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: sulting Services.
State, Local and Tribal 926110, 925120
AGENCY I. General Information Government.
Federal Government ...... 925120, 921190,
40 CFR Part 312 A. Purpose of This Regulatory Action
924120
[EPA–HQ–OLEM–2016–0786; FRL–9967– EPA is publishing this final rule to
46–OLEM] revise an existing reference in 40 CFR The list of potentially affected entities
part 312 to include the updated version in the above table may not be
RIN 2050–AG94 of a standard practice recently made exhaustive. Our aim is to provide a
available by ASTM International guide for readers regarding those
Amendment to Standards and (E2247–16). entities that EPA is aware potentially
Practices for All Appropriate Inquiries
B. Does this action apply to me? could be affected by this action.
Under CERCLA
However, this action may affect other
AGENCY: Environmental Protection This action offers certain parties the entities not listed in the table. If you
Agency (EPA). option of using an available industry have questions regarding the
standard to conduct all appropriate applicability of this action to a
ACTION: Final rule.
inquiries at certain properties. Parties particular entity, consult the person
SUMMARY: The U.S. Environmental purchasing large tracts of forested land listed in the preceding section entitled
Protection Agency (EPA or the agency) and parties purchasing large rural FOR FURTHER INFORMATION CONTACT.
is taking final action to amend the properties may use the ASTM E2247–16
standard practice to comply with the all C. Statutory Authority
Standards and Practices for All
Appropriate Inquiries to update an appropriate inquiries requirements of This final rule amends the All
existing reference to a standard practice CERCLA. This rule does not require any Appropriate Inquiries Rule setting
revised by ASTM International, a entity to use this standard. Any party federal standards for the conduct of ‘‘all
widely recognized standards who wants to claim protection from appropriate inquiries’’ at 40 CFR part
development organization. Specifically, liability under CERCLA may follow the 312. The All Appropriate Inquiries Rule
this final rule amends the All regulatory requirements of the All sets forth standards and practices
Appropriate Inquiries Rule to reference Appropriate Inquiries Rule at 40 CFR necessary for fulfilling the requirements
ASTM International’s E2247–16 part 312, use the ASTM E1527–13 of CERCLA section 101(35)(B) as
‘‘Standard Practice for Environmental Standard Practice for Phase I required to obtain CERCLA liability
Site Assessments: Phase I Environmental Site Assessments to relief and for conducting site
Environmental Site Assessment Process comply with the all appropriate characterizations and assessments with
for Forestland or Rural Property’’ and inquiries provision of CERCLA, or use the use of brownfields grants per
allow for its use to satisfy the statutory the standard recognized in this final CERCLA section 104(k)(2)(B)(ii).
requirements for conducting all rule, the ASTM E2247–16 standard, as
applicable. II. Background
appropriate inquires under the
Comprehensive Environmental Entities potentially affected by this On January 11, 2002, President Bush
Response, Compensation and Liability action, or who may choose to use the signed the Small Business Liability
Act (CERCLA). newly referenced ASTM standard to Relief and Brownfields Revitalization
perform all appropriate inquiries, Act (‘‘the Brownfields Amendments’’).
DATES: This final rule is effective on In general, the Brownfields
include public and private parties who,
March 14, 2018. as bona fide prospective purchasers, Amendments to CERCLA provide funds
ADDRESSES: The EPA has established a contiguous property owners, or to assess and clean up brownfields sites;
docket for this action under Docket ID innocent landowners, are purchasing clarify CERCLA liability provisions
No. EPA–HQ–OLEM–2016–0786. All large tracts of forested lands or large related to innocent purchasers of
documents in the docket are listed on rural properties and intend to claim a contaminated properties; and provide
the https://www.regulations.gov Web limitation on CERCLA liability in funding to enhance State and Tribal
site. Docket materials are also available conjunction with the property purchase. cleanup programs. Subtitle B of the
in hard copy at the EPA Docket Center In addition, any entity conducting a site Brownfields Amendments revises some
mstockstill on DSK30JT082PROD with RULES

Reading Room. Please see https:// characterization or assessment on a of the provisions of CERCLA section
www.epa.gov/dockets/epa-docket- property that consists of large tracts of 101(35) and limits Superfund liability
center-reading-room or call (202) 566– forested land or a large rural property under Section 107 for bona fide
1744 for more information on the with a brownfields grant awarded under prospective purchasers and contiguous
Docket Center Reading Room. CERCLA Section104(k)(2)(B)(ii) may be property owners, in addition to
FOR FURTHER INFORMATION CONTACT: For affected by this action. This includes clarifying the requirements necessary to
general information, contact the state, local and Tribal governments that establish the innocent landowner

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Document Created: 2017-09-15 00:18:17
Document Modified: 2017-09-15 00:18:17

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		Withdrawal of direct final rule.
Dates		The direct final rule published on June 20, 2017 at 82 FR 28009 is withdrawn effective September 15, 2017.
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 Citation		82 FR 43309
RIN Number		2050-AG94
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Hazardous Substances; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Superfund