Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65589 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 27, 2014. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart U—Maine 

■ 2. In § 52.1020, the table in paragraph 

(c) entitled ‘‘EPA-Approved Maine 

Regulations’’ is amended by revising 

entries for Chapters 111 and 112 and 

adding entries in numerical order for 

Chapters 154 and 159 to read as follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA-APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval date and 

citation 1 Explanations 

*******

Chapter 111 .............. Petroleum Liquid Storage Vapor Control ... 9/29/1999 11/5/2014 [Insert Federal Register citation].

Chapter 112 .............. Bulk Terminal Petroleum Liquid Transfer 

Requirements.

2/22/1998 11/5/2014 [Insert Federal Register citation].

*******

Chapter 154 .............. Control of Volatile Organic Compounds 

from Flexible Package Printing.

7/20/2010 11/5/2014 [Insert Federal Register citation].

*******

Chapter 159 .............. Control of Volatile Organic Compounds 

from Adhesives and Sealants.

6/2/2014 11/5/2014 [Insert Federal Register citation].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2014–26174 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2011–0968; FRL–9918–78– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the September 17, 2014, direct final rule 

approving a revision to provisions in 

Title 326 of the Indiana Administrative 

Code, Article 4, Rule 1, Open Burning 

Rule. 

DATES: The direct final rule published at 

79 FR 55641 on September 17, 2014, is 

withdrawn effective November 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), USEPA, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: The State 

of Indiana submitted this revision as a 

modification to the State 

Implementation Plan for open burning 

on November 14, 2011. In the direct 

final rule, EPA stated that if adverse 

comments were submitted by October 

17, 2014, the rule would be withdrawn 

and not take effect. On September 21, 

2014, EPA received an adverse comment 

and, therefore, is withdrawing the direct 

final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed action also 

published on September 17, 2014. EPA 

will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Emissions Reporting, 

Incorporation by reference, Ozone, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendment to 40 

CFR 52.770 published in the Federal 

Register on September 17, 2014 (79 FR 

55641) on pages 55644–55645 is 

withdrawn effective November 5, 2014. 

[FR Doc. 2014–26164 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0733; FRL–9918– 

52–OSWER] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Technical Amendment To Update 

Data Management System 

Nomenclature 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


rmajette on DSK2VPTVN1PROD with RULES
65590 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 

SUMMARY: Effective January 31, 2014 the 

EPA Superfund program 

decommissioned the Comprehensive 

Environmental Response Compensation 

and Liability Act Information System 

(CERCLIS) and adopted a new, more 

comprehensive data management 

system. The new data management 

system, the Superfund Enterprise 

Management System (SEMS), serves as 

a more powerful, integrated platform. 

Consistent with this action, this direct 

final rule makes appropriate conforming 

terminological changes to our 

regulations. This direct final rule also 

adds a minor clarification to the 

description of the remedial preliminary 

assessment. 

DATES: This rule is effective on January 

5, 2015 without further notice, unless 

EPA receives adverse comment by 

December 5, 2014. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2014–0733, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov 

• U.S. Postal 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–2014–0733. 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–2014– 

0733. 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–2014–0733). 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: 

Jennifer Hovis at (703) 603–8888 

(hovis.jennifer@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460–0002, Mail Code 5202P. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action related 

to internal agency operations and 

anticipate no adverse comment as this 

action merely makes nonsubstantive 

changes to reflect new data management 

system nomenclature and adds minor 

clarifying text to a description in the 

NCP that will make the regulations more 

accurate. 

In the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are also 

publishing a separate proposed rule 

reflecting the changes described above. 

If adverse comments are received on 

this direct final rule, EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. If EPA receives 

significant adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all significant 

public comments in any subsequent 

final rule based on the proposed rule. 

II. What should I consider as I prepare 

my comments for EPA? 

A. Submitting Confidential Business 

Information (CBI). Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, 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 claimed as CBI. In addition to one 

complete version of the comment that 

includes 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. Information so marked 

will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65591 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

• Comments are only being solicited 

on the NCP revisions updating the data 

system nomenclature changes from 

CERCLIS to SEMS and the addition of 

clarifying text to the remedial 

preliminary assessment description. 

Therefore, comments are not being 

requested on other unmodified sections 

of the NCP nor on EPA’s internal 

operational decision to update 

Superfund’s data management system, 

and such comments will not be 

considered if submitted. 

III. Background 

A. What is CERCLA? 

In 1980, Congress enacted the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or 

‘‘the Act’’), in response to releases or 

substantial threats of releases of 

hazardous substances into the 

environment or releases or substantial 

threats of releases into the environment 

of any pollutant or contaminant which 

may present an imminent and 

substantial danger to the public health 

or welfare. 

B. What is the National Contingency 

Plan? 

To implement CERCLA, EPA 

promulgated the revised National Oil 

and Hazardous Substances Pollution 

Contingency Plan (NCP), 40 CFR part 

300, on July 16, 1982 (47 FR 31180), 

pursuant to CERCLA section 105 and 

Executive Order 12316 (46 FR 42237, 

August 20, 1981). The NCP sets 

guidelines and procedures for 

responding to releases or substantial 

threats of releases of hazardous 

substances into the environment and 

releases or substantial threats of releases 

into the environment of any pollutant or 

contaminant that may present an 

imminent or substantial danger to the 

public health or welfare. EPA has 

revised the NCP on several occasions. 

The most recent comprehensive revision 

was on March 8, 1990 (55 FR 8666). 

C. How does Superfund track and 

manage its data? 

The Superfund program maintains a 

comprehensive data management 

system that inventories and tracks 

releases of hazardous substances 

addressed or needing to be addressed. 

The Superfund data management 

system, SEMS, contains the official 

inventory of CERCLA sites and supports 

EPA’s site planning, tracking and 

national program performance reporting 

functions. It includes site assessment, 

remedial, Federal facility and 

enforcement program data. Inclusion of 

a specific site or area in SEMS does not 

represent a determination of any party’s 

liability, nor does it represent a finding 

that any response action is necessary. 

D. Why did EPA change its Superfund 

data management system? 

The new Superfund data management 

system, SEMS, integrates multiple 

legacy Superfund data collection, 

reporting and tracking systems, 

including CERCLIS, into a single system 

for one primary source of Superfund site 

activity data, records, and 

accomplishment documentation. The 

new Superfund data management 

system also consolidates the Superfund 

program’s disparate technical assets into 

a national management system with a 

single architecture on an agency 

platform. The new system is adaptable 

to shifting programmatic priorities and 

changing operational needs, and can 

better address the growing demands of 

content management and data exchange. 

E. What does this amendment do? 

This direct final rule revises the 

Operational Abbreviations section (40 

CFR 300.4(b)) and the Definitions 

section (40 CFR 300.5) of the NCP to 

reflect terminological changes necessary 

for consistency with EPA’s transition 

from CERCLIS as the Superfund 

program’s planning and tracking data 

management system to SEMS. This rule 

also amends the Remedial preliminary 

assessment description (40 CFR 420(b)) 

to clarify that the Preliminary 

Assessment (PA) is performed on only 

those sites that have been entered into 

the SEMS remedial assessment active 

inventory. 

F. What is the basis for this amendment? 

CERCLA’s passage in 1980 launched 

the Superfund program that provided 

EPA the authority needed to respond to 

threats posed by the uncontrolled 

releases of hazardous substances into 

the environment. The fundamental 

purpose of the Superfund program is to 

address threats and protect human 

health and the environment from 

releases or potential releases of 

hazardous substances from abandoned 

or uncontrolled hazardous waste sites. 

To effectively implement the Superfund 

program, it is necessary to maintain a 

repository of planning and 

accomplishment data, including 

resource planning estimates and 

program targets and measures. The 

updated Superfund information system 

also meets the requirements of U.S. 

Code Title 44, § 3506 (a)(1)(A) which 

direct Federal agencies to be responsible 

for ‘‘carrying out the agency’s 

information resources management 

activities to improve agency 

productivity, efficiency, and 

effectiveness . . .’’. 

IV. Statutory and Executive Order 

Reviews 

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 OMB review. This action 

merely deletes an obsolete reference to 

a retired information system and adds 

minor clarifying text to a description in 

the NCP. 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. 

This action does not contain any 

unfunded mandates or significantly or 

uniquely affect small governments as 

described in Sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1999 

(UMRA) (Pub. L. 104–4). This action 

does not create new binding legal 

requirements that substantially and 

directly affect Tribes under Executive 

Order 13175 (63 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 

action has been exempted from 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, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997). This action does not 

contain any 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) do not apply. The Congressional 

Review Act, 5 U.S.C. 801 et seq., 


rmajette on DSK2VPTVN1PROD with RULES
65592 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Because this action does 

not contain legally binding 

requirements, it is not subject to the 

Congressional Review Act. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: October 28, 2014. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for Part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

§ 300.4 [Amended] 

■ 2. Amend § 300.4, paragraph (b), by 

adding in alphabetical order the term 

‘‘SEMS—Superfund Enterprise 

Management System’’. 

■ 3. Amend § 300.5 by revising the 

definition ‘‘CERCLIS’’ and adding in 

alphabetical order the definition 

‘‘SEMS’’ to read as follows: 

§ 300.5 Definitions. 

* * * * * 

CERCLIS was the abbreviation for the 

CERCLA Information System. This 

system has been retired and has been 

replaced with SEMS, the Superfund 

Enterprise Management System. 

* * * * * 

SEMS is the abbreviation for the 

Superfund Enterprise Management 

System. SEMS is EPA’s comprehensive 

data management system that 

inventories and tracks information 

about releases addressed or needing to 

be addressed by the CERCLA Superfund 

program. SEMS consolidates legacy 

systems including CERCLIS into a single 

integrated platform. SEMS contains 

information for potential and confirmed 

hazardous waste sites addressed under 

the Superfund remedial and removal 

programs. SEMS includes sites in the 

active site inventory and archived sites. 

The active site inventory includes sites 

on the NPL, and sites not on the NPL 

where site assessment, removal, 

remedial, enforcement, cost recovery, or 

oversight activities are being planned or 

conducted. Archived sites include nonNPL sites that were formerly in the 

active site inventory which have no 

further site assessment, removal, 

remedial, enforcement, cost recovery or 

oversight needed under the Federal 

Superfund program based on available 

information. New information may 

warrant return of an archive site to the 

active inventory. Inclusion of a specific 

site or area in SEMS does not represent 

a determination of any party’s liability, 

nor does it represent a finding that any 

response action is necessary.’’ 

* * * * * 

■ 4. Amend § 300.420 by revising 

paragraph (b)(1) introductory text to 

read as follows: 

§ 300.420 Remedial site evaluation. 

* * * * * 

(b) Remedial preliminary assessment. 

(1) The lead agency shall perform a 

remedial PA on all sites entered into the 

SEMS remedial assessment active 

inventory as defined in § 300.5 to: 

* * * * * 

[FR Doc. 2014–26160 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217, 234, 237, and 252 

RIN 0750–AI27 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Special Contracting 

Methods, Major System Acquisition, 

and Service Contracting (DFARS Case 

2014–D004) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise and update clauses 

and their prescriptions for special 

contracting methods, major system 

acquisition, and service contracting to 

create basic and alternate clauses 

structured in a manner to facilitate use 

of automated contract writing systems. 

The rule also includes the full text of 

each alternate, rather than only showing 

the paragraphs that differ from the basic 

clause. 

DATES: Effective November 5, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 30535 on May 

28, 2014, to revise provisions and 

clauses with alternates and the 

associated prescriptions, in order to 

clarify usage and facilitate the use of 

automated contract writing systems. No 

respondents submitted comments in 

response to the proposed rule, and no 

changes were made from the proposed 

rule in the final rule. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

III. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows: 

The purpose of this case is to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

create unique prescriptions for the basic 

version and each alternate of DFARS 

parts 217, 234, and 237 solicitations 

provisions and clauses, and to include 

the full text of each clause alternate. 

The use of unique prescriptions for 

the basic version and each alternate of 

DFARS solicitations provisions and 

clauses will facilitate use of automated 

contract writing systems. The current 

convention requires the prescription for 

the basic provision or clause to address 

all the possibilities covered by the 


rmajette on DSK2VPTVN1PROD with RULES