[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)] [Rules and Regulations] [Pages 25-26] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 93-32034] [[Page Unknown]] [Federal Register: January 3, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 305 [FRL-4818-1] RIN 2050-AC26 CERCLA Administrative Hearing Procedures for Claims Asserted Against the Superfund AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA or the Agency) is promulgating a final rule to implement section 112 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA section 112 outlines procedures for payments of claims authorized pursuant to CERCLA section 111. Furthermore, EPA uses the procedures authorized by CERCLA section 112 to reimburse parties for response costs incurred pursuant to CERCLA section 122. EPA reimburses the parties through payment of claims asserted against the Hazardous Substance Superfund (the Fund). The claims authority allows EPA to reimburse a person for the costs incurred for responding to an actual or threatened release of hazardous substances, pollutants, or contaminants if that person has received prior approval (preauthorization) from EPA to conduct a response action. If EPA denies all or part of a claim against the Fund for the costs incurred in conducting a preauthorized response action, the adversely affected claimant may request an administrative hearing to review that decision. This final rule establishes procedures to request such a hearing and governs the course of the proceeding following the request. EFFECTIVE DATE: This final rule is effective February 2, 1994. ADDRESSES: The official record for this rulemaking is in the Superfund Docket, located at the United States Environmental Protection Agency, 401 M Street, SW., Room M 2615, Washington, DC 20460. The record is available for inspection by appointment only (Telephone--202-260-3046) between the hours of 9 a.m. and 4 p.m., Monday through Friday, excluding legal holidays. As provided in 40 CFR part 2, a reasonable fee may be charged for copying services. FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, U.S. Environmental Protection Agency, Office of Emergency and Remedial Response, Hazardous Site Control Division, (Mail Code--5203G), 401 M Street, SW., Washington, DC 20460; Telephone--703-603-8769. An alternative contact is the Superfund Hotline; 1-800-424-9346 (TDD 800- 553-7672), or in the Washington, DC area, (703) 920-9810 (TDD 703-486- 3323). SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed in the following outline: I. Background II. Response to Comments III. Summary of Supporting Analyses I. Background EPA is today promulgating the final CERCLA administrative hearing procedures for claims asserted against the Superfund. Today's rule is based on an interim final rule with request for comments promulgated on February 8, 1993, at 58 FR 7704. The rationale for the rule and a discussion of its background and procedures may be found there. One commenter made two specific comments on the interim final rule. II. Response to Comments EPA received one comment in two specific areas. The first portion of the comment noted that ``most procedures litigation rules, including the Federal Rules of Civil Procedure (FRCP), provide that Saturdays, Sundays, and legal holidays shall not be counted in calculating short time limits (e.g., ten days or less).'' The commenter went on to note that the rule was at odds with such procedures. EPA notes that while the rule is not identical to the FRCP, there is a good reason for such departure. The procedures in this rule are designed to allow expedited hearings in accord with the time frames provided in CERCLA section 112. Nevertheless, litigants may seek an extension of the time for the Presiding Officer to render a final order in the case, or may extend that time frame by agreement of all parties. See 40 CFR 305.4(c). Furthermore, litigants may seek extensions of time for the filing of pleadings, documents, or motions. See 40 CFR 305.6(b). Therefore, because of the need for expedition, and the availability of extensions provided elsewhere in the rule, EPA believes that no change to the rule is necessary. The second portion of the comment noted that the ``service'' rules ``do not provide for service of documents on Federal agencies . . . from which we infer that the rules are not intended to apply to such.'' That inference is incorrect. Because the rule applied to Federal agencies that are potentially responsible parties, EPA has corrected the final rule by adding procedures to serve Federal agencies at Sec. 305.5(b)(1)(v). The amended rule provides that ``(S)ervice upon an officer or agency of the United States shall be made by delivering a copy of the document to the officer or agency, or in any manner prescribed for service by applicable regulations. If the agency is a corporation, the document shall be served as prescribed in paragraph (iii) of this section.'' Like the rest of the rule, the new service provision is modeled on 40 CFR part 22. The commenter also raised a ``related question'' regarding the manner and means by which Federal agencies are to be compensated for the costs they incur pursuant to the NCP and related plans. Such comment does not relate to the interim final rule and has been directed to the appropriate EPA official for response. III. Summary of Supporting Analyses Proposed and final rules issued by Federal Agencies are subject to several statutes and executive orders. These include Executive Order 12291 (superseded by Executive Order 12866 on September 1, 1993), the Regulatory Flexibility Act, and the Paperwork Reduction Act. A. Executive Order Review This rulemaking was submitted and reviewed by the Office of Management and Budget under Executive Order 12291. The rulemaking was non-major under the requirements of that Executive Order. Therefore, no Regulatory Impact Analysis was prepared. B. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 requires that a Regulatory Flexibility Analysis be performed for all rules that are likely to have a ``significant economic impact on a substantial number of small entities.'' EPA certifies that this rule will not have a significant economic impact on a substantial number of small entities because all authorized costs and expenses are payable from the Fund. Further, this final rule imposes no capital expenditures, nor any compliance requirements on any business. C. Paperwork Reduction Act The final rule contains no information collection requirements which require approval by the Office of Management and Budget pursuant to 44 U.S.C. 3501 et seq. List of Subjects in 40 CFR Part 305 Environmental protection, Administrative practice and procedures, Chemicals, Hazardous materials, Reporting and recordkeeping requirements, Superfund, Waste treatment and disposal. Dated: December 16, 1993. Carol M. Browner, Administrator. 40 CFR part 305 is amended as follows: PART 305--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND 1. The authority citation for part 305 continues to read as follows: Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp. p. 193. 2. Section 305.5 is amended by adding paragraph (b)(2)(v) to read as follows: Sec. 305.5 Filing, service, and form of pleadings and documents. * * * * * (b) * * * (2) * * * (v) Service upon an officer of agency of the United States shall be made by delivering a copy of the document to the officer or agency, or in any manner prescribed for service by applicable regulations. If the agency is a corporation, the document shall be served as prescribed in paragraph (b)(2)(iii) of this section. * * * * * [FR Doc. 93-32034 Filed 12-30-93; 8:45 am] BILLING CODE 6560-50-F