[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Proposed Rules]
[Page 56016-56017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-30]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 312
[SFUND-2004-0001; FRL-7815-2]
RIN 2050-AF04
Standards and Practices for All Appropriate Inquiries
AGENCY: Environmental Protection Agency.
ACTION: Extension of comment period.
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SUMMARY: On August 26, 2004, EPA published for public comment a
proposed rule that would set federal standards and practices for
conducting all appropriate inquiries, as required under Sections
101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). The original comment period
was to expire on October 25, 2004. Today's action extends the comment
period to November 30, 2004.
DATES: Comments on this proposed rule must be submitted on or before
November 30, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, through
hand delivery, or by courier. Follow the detailed instructions as
provided in the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: If you have questions, contact
Patricia Overmeyer of EPA's Office of Brownfields Cleanup and
Redevelopment at (202) 566-2774 or at overmeyer.patricia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This notice extends the public comment period established in the
Federal Register issued on August 26, 2004 (69 FR 52541). In that
notice, EPA requested comment on proposed federal standards and
practices for conducting all appropriate inquiries into the previous
ownership, uses, and environmental conditions of a property for the
purposes of meeting the all appropriate inquiries provisions necessary
to qualify for certain landowner liability protections under CERCLA.
EPA is extending the comment period, which was set to end on October
25, 2004, to November 30, 2004.
A. How Can I Get Copies of the Proposed Rule and Other Related
Information?
1. Docket
EPA has established an official public docket for this action under
Docket ID No. SFUND-2004-0001. The official public docket consists of
the documents specifically referenced in the proposed rule, any public
comments received, and other information related to the proposed rule.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Documents in the official
public docket are listed in the index list in EPA's electronic public
docket and comment system, EDOCKET. Documents may be available either
electronically or in hard copy. Electronic documents may be viewed
through EDOCKET. Hard copy documents may be viewed at the EPA Docket
Center, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding Federal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the OSWER Docket is (202) 566-0276.
2. Electronic Access
You may access the Federal Register document electronically through
the EPA Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.
Comments on the proposed rule can be submitted
through the federal e-rulemaking portal, http://www.regulations.gov.
An electronic version of the public docket also is available
through EPA's electronic public docket and comment system, EDOCKET. You
may use EDOCKET at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the public
docket, and access those documents in the public docket that are
available electronically. Once in the system, select ``search,'' then
key in the appropriate docket identification number.
Certain types of information will not be placed in EDOCKET.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Docket materials
that are not available electronically may be viewed at the docket
facility identified above in section A.1. EPA intends to work toward
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier, as explained in the ADDRESSES section of this
document. To ensure proper receipt by EPA, identify the appropriate
docket identification number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
late comments. Submit your comments,
[[Page 56017]]
identified by Docket ID No. SFUND-2004-0001, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
3. E-mail: Comments may be sent by electronic mail to
superfund.docket@epa.gov, /Attention Docket ID No. SFUND-2004-0001.
4. Mail: Send comments to: OSWER Docket, Environmental Protection
Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, Attention Docket ID No. SFUND-2004-0001. In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St.,
NW., Washington, DC 20503.
5. Hand Delivery: Deliver your comments to: EPA Docket Center, EPA
West Building, Room B102, 1301 Constitution Ave., NW., Washington, DC,
Attention Docket ID No. SFUND-2004-0001. 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. SFUND-2004-
0001. 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.epa.gov/edocket, including any 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 EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the federal
regulations.gov Web sites are ``anonymous access'' systems, 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 EDOCKET or 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 EDOCKET on-line or see the
Federal Register of May 31, 2002 (67 FR 38102).
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 EPA Docket Center, EPA West Building, Room B102, 1301
Constitution Avenue, NW., Washington, DC. This Docket Facility is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OSWER Docket is (202) 566-
0276.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be confidential
business information (CBI) electronically through EPA's electronic
public docket or by e-mail. Send or deliver information identified as
CBI only to the following address: CERCLA CBI Document Control Officer,
Office of Solid Waste and Emergency Response (5101T), U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No.
SFUND-2004-0001. You may claim information that you submit to EPA as
CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR,
part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Identify the rulemaking by docket number and other identifying
information (e.g., subject heading, Federal Register date and page
number).
2. Explain your views as clearly as possible.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used to support your views.
5. If you estimate potential burden or costs, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns and
suggest alternative.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response.
Dated: September 13, 2004.
Linda Garcznski,
Director, Office of Brownfields Cleanup and Redevelopment.
[FR Doc. 04-20972 Filed 9-16-04; 8:45 am]
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