[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Rules and Regulations]
[Pages 56576-56577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 310

[SFUND-2005-0009; FRL-7976-2]
RIN 2050-AE36


Reimbursement to Local Governments for Emergency Responses to 
Hazardous Substances Releases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of February 
18, 1998, to streamline procedures used to reimburse local governments 
for emergency response costs. Local governments may be reimbursed for 
certain costs they incur in taking temporary emergency measures related 
to releases of hazardous substances, pollutants and contaminants. This 
document is being issued to correct the address to mail the completed 
application and supporting data provided and the telephone numbers 
listed in Appendix II to the regulations.

DATES: This technical correction is effective on September 28, 2005.

ADDRESSES: Docket: All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute.
    Certain other material, such as copyrighted material, is not placed 
on the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
in EDOCKET or in hard copy at the Superfund Docket, EPA/DC, EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the 
Superfund Docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy 
Development Division, Office of Emergency Management, Office of Solid 
Waste and Emergency Response (5104A), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(202) 564-1965; fax number: (202) 564-2625; e-mail address: 
[email protected]. For further information regarding specific 
aspects of the final rule for reimbursement to local governments, 
contact: Lisa Boynton, Local Governments Reimbursement Project Officer, 
Program Operations and Coordination Division, Office of Emergency 
Management, Office of Solid Waste and Emergency Response (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-2487; fax number: 
(202) 564-8211; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

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                                                Examples of affected
              Type of entity                          entities
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Local or Tribal Governments...............  Governing bodies of county,
                                             parish, municipality, city,
                                             town, township, federally
                                             recognized Indian tribe or
                                             general purpose unit of
                                             local government.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. How Can I Access Electronic Copies of This Document and Other 
Related Information?

    The instructions provided under the Federal Register document of 
February 18, 1998, 63 FR 8284, are no longer current. The current 
information is as follows:
     Docket ID No. SFUND-2005-0009.
     Federal eRulemaking Portal: http://www.regulations.gov.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system.
     E-mail: [email protected].
     Fax: (202) 566-0224.
    Mail: Superfund Docket, Environmental Protection Agency, Mailcode: 
5202T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    In addition to using EDOCKET at http://www.epa.gov/edocket/, you 
may access this Federal Register document electronically through the 
EPA Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

II. What Does This Correction Do?

    On February 18, 1998, (63 FR 8284) EPA published streamlined 
procedures for use by local governments seeking reimbursement for 
emergency response costs. Local governments may be reimbursed for 
certain costs they incur in taking temporary emergency measures related 
to releases of hazardous substances pollutants and contaminants. Those 
procedures are found in 40 CFR part 310. Section 310.15(d) gives the 
address to mail the completed application and supporting data for 
reimbursement. Appendix II to 40 CFR part 310 provides EPA Regions and 
NRC Telephone Lines. The mailing address and some of the telephone 
numbers are now incorrect. This technical correction provides the 
corrected address to mail the completed application and supporting data 
and the EPA Regions and NRC phone numbers.

III. Why Is This Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's technical 
correction final without prior proposal and opportunity for comment, 
because EPA is merely correcting information that

[[Page 56577]]

has become out of date since the previously published final rule. The 
address to submit applications found in 40 CFR 310.15, How do I apply 
for reimbursement? and some of the telephone numbers listed in Appendix 
II to part 310 have changed since the February 18, 1998, publication of 
the final rule. EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to This 
Action?

    The applicable statutory and Executive Order reviews were included 
in the February 18, 1998 Federal Register document. This document is a 
technical correction and as such no new review requirements are 
applicable.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 310

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

    Dated: September 22, 2005.
Thomas P. Dunne,
Acting Assistant Administator, Office of Solid Waste and Emergency 
Response.


0
For the reasons set out in the preamble, it is to amend title 40, 
chapter I of the Code of Federal Regulations as follows:

PART 310--REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY REPONSE 
TO HAZARDOUS SUBSTANCE RELEASES

0
1. The authority citation for part 310 continues to read as follows:

    Authority: 42 U.S.C. 9611(c)(11), 9623.

Subpart B--[Amended]

0
2. Section 310.15 is amended by revising paragraph (d) to read as 
follows:


Sec.  310.15  How do I apply for reimbursement?

* * * * *
    (d) Mail your completed application and supporting data to the LGR 
Project Officer, (5401A), Office of Emergency Management, Office of 
Solid Waste and Emergency Response, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460.

0
3. Appendix II to Part 310 is revised to read as follows:

Appendix--II to Part 310--EPA Regions and NRC Telephone Lines

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National Response Center.............................     (800) 424-8802
EPA Regional Phone Numbers:
    Region I (ME, NH, VT, MA, RI, CT)................     (617) 723-8928
    Region II (NJ, NY, PR, VI).......................     (800) 424-8802
    Region III (PA, DE, MD, DC, VA, WV)..............     (215) 814-3255
    Region IV (NC, SC, TN, MS, AL, GA, FL, KY).......     (404) 562-8700
    Region V (OH, IN, IL, WI, MN, MI)................     (312) 353-2318
    Region VI (AR, LA, TX, OK, NM)...................     (866) 372-7745
    Region VII (IA, MO, KS, NE)......................     (913) 281-0991
    Region VIII (CO, UT, WY, MT, ND, SD).............     (303) 293-1788
    Region IX (AZ, CA, NV, AS, HI, GU, TT)...........     (800) 300-2193
    Region X (ID, OR, WA, AK)........................     (206) 553-1263
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[FR Doc. 05-19354 Filed 9-27-05; 8:45 am]
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