[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Proposed Rules]
[Pages 66783-66785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2012-0738; FRL- 9712-9]
RIN 2050-AG73]


National Oil and Hazardous Substances Pollution Contingency Plan; 
Revision To Increase Public Availability of the Administrative Record 
File

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the National Oil and Hazardous 
Substances Pollution Contingency Plan, to acknowledge advancements in 
technologies used to manage and convey information to the public. 
Specifically, this revision will add language to EPA regulations to 
broaden the technology, to include computer telecommunications or other 
electronic means, that the lead agency is permitted to use to make the 
administrative record file available to the public. By updating 
language used to describe permitted technology, the lead agency will be 
able to serve the information needs of a broader population while 
maintaining the ability to provide traditional means of public access 
to the administrative record file, such as paper copies and microform. 
The lead agency should assess the capacity and resources of the public 
to utilize and maintain an electronic- or computer

[[Page 66784]]

telecommunications-based repository to make a decision on which 
approach suits a specific site.

DATES: Written comments must be received by December 7, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2012-0738, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: superfund.docket@epa.gov.
     Fax: 202-566-9744.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center (EPA/DC), Superfund Docket, Mailcode: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Attention 
Docket ID No. EPA-HQ-SFUND-2012-0738. 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-
2012-0738. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, 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 www.regulations.gov or email. The 
www.regulations.gov Web site 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 www.regulations.gov or in hard copy at the Superfund Docket (Docket 
ID No. EPA-HQ-SFUND-2012-0738). This Docket Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
Superfund Docket telephone number is (202) 566-0276. EPA Docket Center 
(EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
Superfund, TRI, EPCRA, RMP and Oil Information Center at (800) 424-9346 
or TDD (800) 553-7672 (hearing impaired). In the Washington, DC 
metropolitan area, call (703) 412-9810 or TDD (703) 412-3323. For more 
detailed information on specific aspects of this final rule, contact 
Melissa Dreyfus at (703) 603-8792 (dreyfus.melissa@epa.gov), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460-0002, Mail Code 5204P.

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed rule?

    This document proposes to amend the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), to acknowledge 
advancements in technologies used to manage and convey information to 
the public. Specifically, this revision will add language to 40 CFR 
300.805(c)--Location of the Administrative Record File in Subpart I--
Administrative Record for Selection of Response Action to broaden the 
technology, to include computer telecommunications or other electronic 
means, that the lead agency is permitted to use to make the 
administrative record file available to the public. We have published a 
direct final rule to add this language in the ``Rules and Regulations'' 
section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will timely 
withdraw the direct final rule and it will not take effect. We would 
address all public comments in any subsequent final rule based on this 
proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. What does this amendment do?

    This proposed rule would amend 40 CFR 300.805(c)--Location of the 
Administrative Record File in Subpart I--Administrative Record for 
Selection of Response Action of the National Oil and Hazardous 
Substances Pollution Contingency Plan, to acknowledge advancements in 
technologies used to manage and convey information to the public. 
Specifically, this revision will add language to broaden the 
technology, to include computer telecommunications or other electronic 
means, that the lead agency is permitted to use to make the 
administrative record file available to the public regarding documents 
that form the basis for the selection of a response action. This 
amendment does not limit the lead agency's ability to make the 
administrative record file available to the public in traditional forms 
such as paper and microform. The lead agency should assess the capacity 
and resources of the public to utilize and maintain an electronic- or 
computer telecommunications-based repository to make a decision on 
which approach suits a specific site. Based on the preferences of the 
community and the lead agency's assessment of the site-specific 
situation, the lead agency will determine whether to provide: (1) 
Traditional forms (e.g. paper copies; microform), (2) electronic 
resources, or (3) both traditional forms and electronic resources.

III. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the discussion in the ``Statutory and 
Executive Order Reviews'' section to the preamble for the direct final 
rule that is published in the Rules and Regulations section of this 
Federal Register.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and 
Executive

[[Page 66785]]

Order 13563 (76 FR 3821, January 21, 2011), this proposed action is not 
a ``significant regulatory action'' and is therefore not subject to OMB 
review. This action merely adds language to 40 CFR 300.805(c) of the 
NCP to broaden the technology to include computer telecommunications or 
other electronic means that the lead agency is permitted to use to make 
the administrative record file available to the public. This action 
will enable the lead agency to serve the information needs of a broader 
population while maintaining the ability to provide traditional means 
of public access, such as paper copies and microform, to the 
administrative record file. This action does not impose any 
requirements on any entity, including small entities. Therefore, 
pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
after considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: October 26, 2012.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2012-26973 Filed 11-6-12; 8:45 am]
BILLING CODE 6560-50-P