[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74045-74046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30111]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-SFUND-2010-0894; FRL-9233-7]


Guidance on Planning, Implementing, Maintaining, and Enforcing 
Institutional Controls at Contaminated Sites

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is interested in soliciting individual stakeholder input 
regarding the issues addressed in the EPA interim final guidance, 
titled Institutional Controls: A Guide to Planning, Implementing, 
Maintaining, and Enforcing Institutional Controls at Contaminated 
Sites. The Agency will consider the information gathered from this 
notice and other sources before finalizing this guidance.

DATES: Comments must be received on or before January 14, 2011, 45 days 
after publication in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2010-0894 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected]
     Fax: (202) 566-9744
     Mail: U.S. Environmental Protection Agency; EPA Docket 
Center, Superfund Docket, Mail Code 28221T; 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460
     Hand Delivery: EPA Docket Center--Public Reading Room; EPA 
West Building, Room 3334; 1301 Constitution Avenue, NW., Washington, DC 
20004. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2010-0894. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any

[[Page 74046]]

personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or [email protected]. The http://www.regulations.gov website is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket 
Center--Public Reading Room, EPA/DC, EPA West, Room 3334; 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: Chip Love, phone: (703) 603-0695, e-
mail: [email protected], Construction and Post Construction Management 
Branch, Assessment and Remediation Division, Office of Superfund 
Remediation and Technology Innovation (mail code 5204P), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: EPA's interim final guidance on 
Institutional Controls: A Guide to Planning, Implementing, Maintaining, 
and Enforcing Institutional Controls at Contaminated Sites addresses 
some of the common issues that may be encountered during the cleanup 
process and provides recommendations on how ICs can complement other 
response actions (such as engineered response action components) at a 
site. This interim final guidance also provides an overview of EPA's 
policy regarding the roles and responsibilities of the parties involved 
in the various aspects of planning, implementing, maintaining, and 
enforcing institutional controls. The guidance is available at http://www.regulations.gov. This guidance does not represent a regulation, and 
is not subject to the formal provisions of the Administrative 
Procedures Act. However, EPA recognizes the potential importance of 
this guidance to its Federal, state, local, and tribal partners, to the 
regulated community, and to the public, and therefore through this 
Federal Register notice seeks public input on the topics addressed in 
this interim final guidance and its implementation. This public input 
opportunity will be available until January 14, 2011.
    EPA intends to evaluate whether any changes to the interim final 
guidance are appropriate and expects to issue a final version of this 
guidance. For purposes of this Federal Register notice, EPA in 
particular seeks input on the following:
     Are there ways EPA can better evaluate the capacity, 
willingness, and financial assurance of state, tribal and local 
governments to assist with ICs and engineering controls when such 
controls are necessary at a site?
     What potential barriers exist with respect to state, 
local, and tribal government involvement with ICs and what tools or 
possible solutions could EPA promote to improve the awareness of and 
involvement in IC activities?
     How can site managers better engage and involve affected 
community stakeholders and local land use decision-makers concerning 
ICs that may be needed and relied upon to complement other response 
actions (i.e., engineered response action components) at cleanup sites?
     How can information concerning ICs and the underlying land 
and/or resource use restrictions be made more available to local land 
use decision-makers?
     How can EPA better identify and account for the full life 
cycle costs of ICs?
    EPA intends to accept input on the interim final guidance until 
January 14, 2011. EPA also intends to fully consider all public input 
in evaluating whether changes to the interim final guidance are 
appropriate, and to issue a final version of this guidance.

    Dated: November 23, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-30111 Filed 11-29-10; 8:45 am]
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