83_FR_4451 83 FR 4430 - Addition of a Subsurface Intrusion Component to the Hazard Ranking System

83 FR 4430 - Addition of a Subsurface Intrusion Component to the Hazard Ranking System

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 21 (January 31, 2018)

Page Range4430-4431
FR Document2018-01972

Federal Register, Volume 83 Issue 21 (Wednesday, January 31, 2018)
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4430-4431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300


Addition of a Subsurface Intrusion Component to the Hazard 
Ranking System

CFR Correction

    In Title 40 of the Code of Federal Regulations, Parts 300 to 399, 
revised as of July 1, 2017, on page 117, in Appendix A to Part 300, the 
definition of ``source'' is reinstated to read as follows:

Appendix A to Part 300--The Hazard Ranking System

* * * * *

1.1 Definitions

* * * * *
    Source: Any area where a hazardous substance has been deposited, 
stored, disposed, or placed, plus those soils that have become 
contaminated from migration of a hazardous substance. Sources do not 
include those volumes of air, ground water,

[[Page 4431]]

surface water, or surface water sediments that have become 
contaminated by migration, except: In the case of either a ground 
water plume with no identified source or contaminated surface water 
sediments with no identified source, the plume or contaminated 
sediments may be considered a source.
* * * * *
[FR Doc. 2018-01972 Filed 1-30-18; 8:45 am]
BILLING CODE 1301-00-D



                                              4430             Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations

                                              between the national government and                     List of Subjects in 33 CFR Part 117                    7.2.3    Persistence/degradation.
                                              the States, or on the distribution of                     Bridges.                                             *        *     *      *   *
                                              power and responsibilities among the                                                                           7.3.3 Weighting of targets within an area of
                                              various levels of government. We have                     For the reasons discussed in the                          subsurface contamination.
                                              analyzed this rule under that Order and                 preamble, the Coast Guard amends 33
                                                                                                                                                             *        *     *      *   *
                                              have determined that it is consistent                   CFR part 117 as follows:
                                                                                                                                                             List of Figures, Figure number
                                              with the fundamental federalism
                                                                                                      PART 117—DRAWBRIDGE                                    *        *     *      *   *
                                              principles and preemption requirements
                                                                                                      OPERATION REGULATIONS                                  5–1    Overview of the soil exposure and
                                              described in Executive Order 13132.
                                                                                                                                                                   subsurface intrusion pathway.
                                                 Also, this rule does not have tribal                 ■ 1. The authority citation for part 117
                                              implications under Executive Order                                                                             *        *     *      *   *
                                                                                                      continues to read as follows:
                                              13175, Consultation and Coordination                                                                           List of Tables, Table number
                                              with Indian Tribal Governments,                           Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                      Department of Homeland Security Delegation             *        *     *      *   *
                                              because it does not have a substantial                                                                         5–1    Soil exposure component scoresheet.
                                                                                                      No. 0170.1.
                                              direct effect on one or more Indian                                                                            5–2    Hazardous waste quantity evaluation
                                              tribes, on the relationship between the                 ■ 2. Amend § 117.273 by revising                             equations for soil exposure component.
                                              Federal Government and Indian tribes,                   paragraph (b) to read as follows:
                                                                                                                                                             *        *     *      *   *
                                              or on the distribution of power and                     § 117.273    Canaveral Barge Canal.                    5–11 Subsurface intrusion component
                                              responsibilities between the Federal                                                                               scoresheet.
                                                                                                      *     *      *      *    *                             5–12 Structure containment.
                                              Government and Indian tribes.
                                                                                                        (b) The drawspans of the SR401                       5–13 Depth to contamination.
                                              E. Unfunded Mandates Reform Act                         Drawbridges, mile 5.5 at Port Canaveral,               5–14 Effective porosity/permeability of
                                                The Unfunded Mandates Reform Act                      must open on signal; except that, from                     geological materials.
                                              of 1995 (2 U.S.C. 1531–1538) requires                   6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15              5–15 Vertical migration factor values.
                                                                                                      p.m. Monday through Friday except                      5–16 Values for vapor pressure and Henry’s
                                              Federal agencies to assess the effects of
                                                                                                      Federal holidays and from 11 a.m. to 2                     constant.
                                              their discretionary regulatory actions. In                                                                     5–17 Vapor migration potential factor
                                              particular, the Act addresses actions                   p.m. on Saturdays and Sundays, the
                                                                                                                                                                 values for a hazardous substance.
                                              that may result in the expenditure by a                 drawspans need not be opened for the                   5–18 Degradation factor value table.
                                              State, local, or tribal government, in the              passage of vessels. From 10 p.m. to 6                  5–19 Hazardous waste quantity evaluation
                                              aggregate, or by the private sector of                  a.m., the drawspans must open on                           equations for subsurface intrusion
                                              $100,000,000 (adjusted for inflation) or                signal if at least three hours notice is                   component.
                                              more in any one year. Though this rule                  given. The drawspans must open as                      5–20 Health-based benchmarks for
                                                                                                      soon as possible for the passage of                        hazardous substances in the subsurface
                                              will not result in such an expenditure,
                                                                                                      public vessels of the United States and                    intrusion component.
                                              we do discuss the effects of this rule                                                                         5–21 Weighting factor values for
                                              elsewhere in this preamble.                             tugs with tows.
                                                                                                                                                                 populations within an area of subsurface
                                                                                                        Dated: January 22, 2018.                                 contamination.
                                              F. Environment
                                                                                                      Peter J. Brown,                                        *        *     *      *   *
                                                 We have analyzed this rule under                     Rear Admiral, U.S. Coast Guard, Commander,             [FR Doc. 2018–01971 Filed 1–30–18; 8:45 am]
                                              Department of Homeland Security                         Seventh Coast Guard District.                          BILLING CODE 1301–00–D
                                              Management Directive 023–01 and                         [FR Doc. 2018–01913 Filed 1–30–18; 8:45 am]
                                              Commandant Instruction M16475.lD,
                                                                                                      BILLING CODE 9110–04–P
                                              which guides the Coast Guard in                                                                                ENVIRONMENTAL PROTECTION
                                              complying with the National                                                                                    AGENCY
                                              Environmental Policy Act of 1969
                                              (NEPA) (42 U.S.C. 4321–4370f), and                      ENVIRONMENTAL PROTECTION                               40 CFR Part 300
                                              have made a determination that this                     AGENCY
                                              action is one of a category of actions                                                                         Addition of a Subsurface Intrusion
                                              which do not individually or                            40 CFR Part 300                                        Component to the Hazard Ranking
                                              cumulatively have a significant effect on                                                                      System
                                              the human environment. This rule                        Addition of a Subsurface Intrusion
                                              simply promulgates the operating                        Component to the Hazard Ranking                        CFR Correction
                                              regulations or procedures for                           System                                                   In Title 40 of the Code of Federal
                                              drawbridges. This action is categorically                                                                      Regulations, Parts 300 to 399, revised as
                                                                                                      CFR Correction                                         of July 1, 2017, on page 117, in
                                              excluded from further review, under
                                              figure 2–1, paragraph (32)(e), of the                     In Title 40 of the Code of Federal                   Appendix A to Part 300, the definition
                                              Instruction. A Record of Environmental                  Regulations, Parts 300 to 399, revised as              of ‘‘source’’ is reinstated to read as
                                              Consideration and a Memorandum for                      of July 1, 2017, on page 110, in the                   follows:
                                              the Record are not required for this rule.              Table of Contents to Appendix A to Part
                                                                                                                                                             Appendix A to Part 300—The Hazard
                                                                                                      300, revise the following headings:
                                              G. Protest Activities                                                                                          Ranking System
                                                The Coast Guard respects the First                    Appendix A to Part 300—The Hazard                      *        *     *      *   *
                                              Amendment rights of protesters.                         Ranking System
                                                                                                                                                             1.1     Definitions
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                                              Protesters are asked to contact the                     Table of Contents
                                              person listed in the FOR FURTHER                                                                               *        *     *      *   *
                                                                                                      *      *      *       *      *                           Source: Any area where a hazardous
                                              INFORMATION CONTACT section to                          7.1.1 Observed release/observed                        substance has been deposited, stored,
                                              coordinate protest activities so that your                   contamination/observed exposure.                  disposed, or placed, plus those soils that
                                              message can be received without                         7.1.2 Potential to release/potential for               have become contaminated from migration of
                                              jeopardizing the safety or security of                       exposure.                                         a hazardous substance. Sources do not
                                              people, places or vessels.                              *      *      *       *      *                         include those volumes of air, ground water,



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                                                               Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations                                             4431

                                              surface water, or surface water sediments that          SUPPLEMENTARY INFORMATION:      After                  DEPARTMENT OF DEFENSE
                                              have become contaminated by migration,                  consideration of the comments received,
                                              except: In the case of either a ground water            if appropriate, EPA will publish a                     Defense Acquisition Regulations
                                              plume with no identified source or                                                                             System
                                                                                                      notification of deletion in the Federal
                                              contaminated surface water sediments with
                                              no identified source, the plume or                      Register based on the parallel Notice of
                                              contaminated sediments may be considered a              Intent to Delete (82 FR 56939) and place               48 CFR Parts 202, 212, 215, 234, 239,
                                              source.                                                 a copy of the final deletion package,                  and 252
                                              *      *     *       *      *                           including a Responsiveness Summary, if
                                                                                                                                                             [Docket DARS–2016–0028]
                                              [FR Doc. 2018–01972 Filed 1–30–18; 8:45 am]             prepared, in docket EPA–HQ–SFUND–
                                              BILLING CODE 1301–00–D
                                                                                                      2002–0001, accessed through the http://                RIN 0750–AJ01
                                                                                                      www.regulations.gov website and in the
                                                                                                      Site repositories.                                     Defense Federal Acquisition
                                              ENVIRONMENTAL PROTECTION                                                                                       Regulation Supplement: Procurement
                                                                                                      List of Subjects in 40 CFR Part 300                    of Commercial Items (DFARS Case
                                              AGENCY
                                                                                                        Environmental protection, Air                        2016–D006)
                                              40 CFR Part 300                                         pollution control, Chemicals, Hazardous
                                                                                                      waste, Hazardous substances,                           AGENCY:  Defense Acquisition
                                              [EPA–HQ–SFUND–2002–0001; FRL–9973–                                                                             Regulations System, Department of
                                                                                                      Intergovernmental relations, Penalties,
                                              52—Region 1]                                                                                                   Defense (DoD).
                                                                                                      Reporting and recordkeeping
                                              National Oil and Hazardous                              requirements, Superfund, Water                         ACTION: Final rule.
                                              Substances Pollution Contingency                        pollution control, Water Supply.
                                                                                                                                                             SUMMARY:   DoD is issuing a final rule
                                              Plan National Priorities List: Deletion                   Authority: 33 U.S.C. 1321(d); 42 U.S.C.              amending the Defense Federal
                                              of the Hatheway & Patterson                             9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                                                                                      2013 Comp., p. 306; E.O. 12777, 56 FR 54757,           Acquisition Regulation Supplement
                                              Superfund Site                                                                                                 (DFARS) to implement sections of the
                                                                                                      3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                              AGENCY: Environmental Protection                        FR 2923, 3 CFR, 1987 Comp., p. 193.                    National Defense Authorization Acts for
                                              Agency (EPA).                                             Dated: January 23, 2018.
                                                                                                                                                             Fiscal Years 2013, 2016, and 2018
                                              ACTION: Withdrawal of direct final rule.                                                                       relating to commercial item
                                                                                                      Alexandra Dapolito Dunn,
                                                                                                                                                             acquisitions.
                                              SUMMARY:   On December 1, 2017 EPA                      Regional Administrator, Region 1.
                                              published a direct final Notice of                      ■ Accordingly, the amendment to table                  DATES:   Effective January 31, 2018.
                                              Deletion for the Hatheway & Patterson                   1 of appendix B to 40 CFR part 300                     FOR FURTHER INFORMATION CONTACT: Mr.
                                              Superfund Site from the National                        published on December 1, 2017 (82 FR                   Mark Gomersall, telephone 571–372–
                                              Priorities List. The EPA is withdrawing                 56890), is withdrawn January 30, 2018.                 6176.
                                              the direct final Notice of Deletion due                 [FR Doc. 2018–01916 Filed 1–30–18; 8:45 am]            SUPPLEMENTARY INFORMATION:
                                              to adverse comments that were received                  BILLING CODE 6560–50–P
                                              during the public comment period.                                                                              I. Background
                                              DATES: This direct final rule published                                                                          DoD published a proposed rule in the
                                              at 82 FR 56890, on December 1, 2017 is                  DEPARTMENT OF HEALTH AND                               Federal Register at 81 FR 53101 on
                                              withdrawn effective January 30, 2018.                   HUMAN SERVICES                                         August 11, 2016, to amend the DFARS
                                              ADDRESSES: Information Repositories:                                                                           to implement the requirements of
                                              Comprehensive information on the Site,                  Centers for Medicare & Medicaid                        sections 851 through 853 and 855
                                              as well as the comments that we                         Services                                               through 857 of the National Defense
                                              received during the comment period,                                                                            Authorization Act (NDAA) for Fiscal
                                              are available in docket EPA–HQ–                         42 CFR Parts 414, 416, and 419                         Year (FY) 2016 (Pub. L. 114–92, enacted
                                              SFUND–2002–0001, accessed through                       [CMS–1678–CN]                                          November 25, 2015), as well as the
                                              the http://www.regulations.gov website.                                                                        requirements of section 831 of the
                                              Although listed in the docket index,                    RIN 0938–AT03                                          NDAA for FY 2013 (Pub. L. 112–239,
                                              some information is not publicly                                                                               enacted January 2, 2013). This rule
                                              available, e.g., CBI or other information               Medicare Program: Hospital Outpatient                  provides guidance to contracting
                                              whose disclosure is restricted by statue.               Prospective Payment and Ambulatory                     officers for making price reasonableness
                                              Certain other material, such as                         Surgical Center Payment Systems and                    determinations, promotes consistency in
                                              copyrighted material, will be publicly                  Quality Reporting Programs                             making commercial item
                                              available only in hard copy. Publicly                   Correction                                             determinations, and expands
                                              available docket materials are available                                                                       opportunities for nontraditional defense
                                              either electronically in http://                           In rule document 2017–27949
                                                                                                                                                             contractors to do business with DoD.
                                              www.regulations.gov or in hard copy at:                 appearing on pages 61184–61190 in the
                                                                                                                                                               On August 3, 2015, DoD published
                                              U.S. EPA Region 1, Superfund Records                    issue of Wednesday, December 27, 2017
                                                                                                                                                             proposed DFARS rule 2013–D034 to
                                              Center, 5 Post Office Square, Suite 100,                make the following correction:
                                                                                                                                                             implement the requirements of section
                                              Boston, MA 02109, Phone: 617–918–                       On page 61188, in the first column, the                831 of the NDAA for FY 2013 (80 FR
                                              1440, Monday–Friday: 9:00 a.m.–5:00                        thirteenth through fifteenth lines                  45918). Based on the comments
                                              p.m., Saturday and Sunday—Closed.                          following the table titled ‘‘Table 54’’,            received in response to that proposed
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                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                         should read as follows:                             rule, and in order to implement the
                                              Kimberly White, Remedial Project                           ‘‘11. On page 59375, second column,                 requirements in sections 851 through
                                              Manager, U.S. Environmental Protection                        third full paragraph, in line 7,                 853 and 855 through 857 of the NDAA
                                              Agency, Region 1, Mailcode OSRR07–1,                          correct ‘‘CCR ≤5’’ to read ‘‘CCR                 for FY 2016, DFARS rule 2013–D034
                                              Boston, MA, 02109–3912, telephone                             >5’’.’’                                          was closed into this DFARS rule.
                                              number: 617–918–1752, email address:                    [FR Doc. C1–2017–27949 Filed 1–30–18; 8:45 am]           In addition, this final rule implements
                                              white.kimberly@epa.gov.                                 BILLING CODE 4120–01–P                                 section 848 of the NDAA of FY 2018


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Document Created: 2018-01-31 00:59:09
Document Modified: 2018-01-31 00:59:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
FR Citation83 FR 4430 

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