[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62736-62737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24373]
[[Page 62736]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 302
[EPA-HQ-SFUND-1990-0005; FRL-9115-01-OLEM]
Change of Submissions for CERCLA Section 103 Continuous Release
Reports to the Appropriate EPA Headquarters Office
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
is issuing a technical amendment to modify the submission location for
Continuous Release Reports. Reports are currently submitted to
respective EPA regional offices; with this technical amendment, EPA
will instead require all future such reports to be submitted to the
appropriate EPA Headquarters (HQ) office. The Agency is also correcting
a typographical spelling error, correcting citations within the
section, and amending the listed authority.
DATES: This final rule is effective on November 12, 2021.
FOR FURTHER INFORMATION CONTACT: Mark Douglas, U.S. Environmental
Protection Agency, Office of Emergency Management, (MC: 5104A), 1200
Pennsylvania Avenue NW, Washington, DC 20460; 202-564-5572;
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
Entities that may be affected by this action are those facilities
subject to Section 103 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) specifically, entities that
submit written Continuous Release Reports (CRRs) under the requirements
of 40 CFR 302.8.
II. What does this amendment do?
This technical amendment is being issued to modify where CRRs are
submitted. Currently, entities submit CRRs to the EPA regional office
where the release occurs. This technical amendment will centralize the
collection of the CRRs.
The Agency is now directing the regulated entities to submit the
CRRs, regulated under 40 CFR 302.8(e), (e)(1), (f), (g)(2)(ii), (g)(3),
and (j), to the appropriate EPA HQ office at 40 CFR 302.8(e), (e)(1),
(f), (g)(2)(ii), (g)(3), and (j). This action also clarifies that
follow-up notifications (``first anniversary report''), 40 CFR
302.8(f), should also be submitted to the appropriate EPA HQ office.
Mailing address and additional information can be found at the EPA
website for CERCLA and Emergency Planning and Community Right-to-Know
Act (EPCRA) continuous release reporting: https://www.epa.gov/epcra/cercla-and-epcra-continuous-release-reporting.
This technical amendment corrects a typographical error to change
``considsred'' to ``considered'' at 40 CFR 302.8(l). This action
corrects citation errors at 40 CFR 302.8(g)(2)(i) and (g)(4). Section
302.8(g)(2)(i) cites Sec. 302.8(c)(7), and Sec. 302.8(g)(4) cites
Sec. 302.8(c)(2)(xi), both of which no longer exist. The correct
citations are section Sec. Sec. 302.8(h) and 302.8(e)(1)(iv)(H),
respectively. Finally, this action amends the authority for part 302 to
include CERCLA authority citations of 42 U.S.C. 9601 et. seq., 42
U.S.C. 9602, and 42 U.S.C. 9603.
III. Rulemaking Procedures and Findings of Good Cause
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(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 this technical amendment
final without prior proposal and opportunity for comment, because such
notice and opportunity for comment is unnecessary for the following two
reasons. First, this action is merely updating the regulatory text to
require that CRR submissions be sent to the appropriate EPA HQ office
instead of the regions. Contents or other requirements of the
submissions have not changed. Thus, this action is procedural and does
not affect any substantive requirements. Second, this action includes
minor, non-substantive technical corrections since it involves
correcting a typographical error to change the spelling of
``considsred'' to ``considered'' at 40 CFR 302.8(l), to correct
citation errors at 40 CFR 302.8(g)(2)(i) and (g)(4), and to amend the
authority citations for 40 CFR part 302. EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(3)(B).
IV. Effective Date
Section 553(d)(3) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . as otherwise provided by the agency for good
cause.'' The purpose of this provision is to ``give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630
(D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099,
1104 (8th Cir. 1977) (quoting legislative history). Thus, in
determining whether good cause exists to waive the 30-day delay, an
agency should ``balance the necessity for immediate implementation
against principles of fundamental fairness which require that all
affected persons be afforded a reasonable amount of time to prepare for
the effective date of its ruling.'' Gavrilovic, 551 F.2d at 1105. EPA
has determined that there is good cause for making this final rule
effective immediately because it merely changes the address where the
CRRs are submitted, corrects a spelling error and minor citation
errors, and amends the 302 authority citation. For this reason, the
Agency finds that good cause exists under APA section 553(d)(3) to make
this rule effective immediately upon publication.
V. Do any of the statutory and Executive Order reviews apply to this
action?
Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
the Office of Management and Budget (OMB) review. Additionally, this
action is not an Executive Order 13771 regulatory action because this
action is not significant under Executive Order 12866. Because this
action is not subject to notice and comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or Sections 202
and 205 of the Unfunded Mandates Reform Act (2 U.S.C. 1531-1538). In
addition, this action does not significantly or uniquely affect small
governments. This action does not create new binding legal requirements
that substantially and directly affect tribes under Executive Order
13175 (65 FR 67249, November 9, 2000). This action does not have
significant Federalism implications under Executive Order 13132 (64 FR
43255, August 10, 1999). Because this final rule is not subject to
review under Executive Order 12866, this final rule is not subject to
Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045,
[[Page 62737]]
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). Continuous release
reporting is covered under OMB Control Number 2050-0086. This final
rule does not contain any changes to the information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). This action does not
involve technical standards; thus, the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of Congress and to the
Comptroller General of the United States. The CRA allows the issuing
agency to make a rule effective sooner than otherwise provided by the
CRA if the agency makes a good cause finding that notice and comment
rulemaking procedures are impracticable, unnecessary, or contrary to
the public interest (5 U.S.C. 808(2)). The EPA has made a good cause
finding for this rule as discussed in Section III of the preamble,
including the basis for that finding.
List of Subjects in 40 CFR Part 302
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous Waste, Intergovernmental relations,
Natural resources, Reporting and recordkeeping requirements, Superfund,
Water pollution control, Water supply.
Dated: November 2, 2021.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency
Management.
For the reasons stated in the preamble, the EPA amends title 40,
chapter I of the Code of Federal Regulations as follows:
PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
0
1. The authority citation for part 302 is revised to read as follows:
Authority: 33 U.S.C. 1251 et. seq., 42 U.S.C. 9601 et. seq., 42
U.S.C. 9602, 42 U.S.C. 9603.
0
2. Section 302.8 is amended by revising paragraphs (e) introductory
text, (e)(1) introductory text, (f) introductory text, (g)(2)(i) and
(ii), (g)(3) and (4), (j) introductory text, and (l) to read as
follows:
Sec. 302.8 Continuous releases.
* * * * *
(e) Initial written notification. Initial written notification of a
continuous release shall be made to the appropriate EPA HQ office.
(Note: In addition to the requirements of this part, releases of CERCLA
hazardous substances are also subject to the provisions of SARA Title
III, also known as the Emergency Planning and Community Right-to-Know
Act (EPCRA), section 304, and EPA's implementing regulations codified
at 40 CFR part 355, which require initial telephone and written
notifications of continuous releases to be submitted to the appropriate
State emergency response commission and local emergency planning
committee.)
(1) Initial written notification to the appropriate EPA HQ office
shall occur within 30 days of the initial telephone notification to the
National Response Center, and shall include, for each release for which
reduced reporting as a continuous release is claimed, the following
information:
* * * * *
(f) Follow-up notification. Within 30 days of the first anniversary
date of the initial written notification, the person in charge of the
facility or vessel shall evaluate each hazardous substance release
reported to verify and update the information submitted in the initial
written notification. The follow-up written notification shall be
submitted to the appropriate EPA HQ office. The follow-up notification
shall include the following information:
* * * * *
(g) * * *
(2) * * *
(i) Reporting at least one statistically significant increase
report as required under paragraph (h) of this section and, at the same
time, informing the National Response Center of the change in the
normal range; and
(ii) Submitting, within 30 days of the telephone notification,
written notification to the appropriate EPA Headquarters office
describing the new normal range, the reason for the change, and the
basis for stating that the release in the increased amount is
continuous and stable in quantity and rate under the definitions in
paragraph (b) of this section.
(3) Changes in other reported information. If there is a change in
any information submitted in the initial written notification or the
follow-up notification other than a change in the source, composition,
or quantity of the release, the person in charge of the facility or
vessel shall provide written notification of the change to the
appropriate EPA HQ office, within 30 days of determining that the
information submitted previously is no longer valid. Notification shall
include the reason for the change, and the basis for stating that the
release is continuous and stable under the changed conditions.
(4) Certificate of changes. Notification of changes shall include
the case number assigned by the National Response Center or the
Environmental Protection Agency and also the signed certification
statement required at (e)(1)(iv)(H) of this section.
* * * * *
(j) Use of the SARA Title III (EPCRA) section 313 form. In lieu of
an initial written report or a follow-up report, owners or operators of
facilities subject to the requirements of SARA Title III (EPCRA)
section 313 may submit to the appropriate EPA HQ office, a copy of the
Toxic Release Inventory form submitted under SARA Title III (EPCRA)
section 313 the previous July 1, provided that the following
information is added:
* * * * *
(l) Multiple concurrent releases. Multiple concurrent releases of
the same substance occurring at various locations with respect to
contiguous plants or installations upon contiguous grounds that are
under common ownership or control may be considered separately or added
together in determining whether such releases constitute a continuous
release or a statistically significant increase under the definitions
in paragraph (b) of this section; whichever approach is elected for
purposes of determining whether a release is continuous also must be
used to determine a statistically significant increase in the release.
* * * * *
[FR Doc. 2021-24373 Filed 11-10-21; 8:45 am]
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