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 Environmental Protection Agency 40 CFR Part 300
[EPA-HQ-SFUND-2010-1086; FRL-9979-68-OLEM]
RIN 2050-AG67
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Correcting amendments.
 SUMMARY: On January 9, 2017, the Environmental Protection Agency published a final rule which added subsurface intrusion component to the Superfund Hazard Ranking System. That document inadvertently failed to update the Table of Contents and contained a few other typographical errors. This document corrects the final regulation.
 DATES: This correction is effective August 3, 2018.
 FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, email: 
                        *jeng.terry@epa.gov,*
                         Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mailcode 5204P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460.


SUPPLEMENTARY INFORMATION: This is EPA's erratum to the final rule titled Addition of a Subsurface Intrusion Component to the Hazard Ranking System, published January 9, 2017 (82 FR 2760). This is the second set of corrections. The first set of corrections was published in the 
                    **Federal Register**
                     on January 31, 2018 (83 FR 4430). This document augments those corrections. 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 rule without providing notice and an opportunity for public comment. 
                    *See Utility Solid Waste Activities Group*
                     v. 
                    *EPA,*
                     236 F.3d 749, 752 (D.C. Cir. 2001). We have determined that there is good 
                    ( print page 38037)
                    cause for making these correcting amendments final without prior proposal and opportunity for public comment. Notice and comment is unnecessary because these administrative or clerical corrections govern the methodology of how EPA, rather than the public or industry, evaluates contaminated sites under the Hazard Ranking System. Similarly, notice and comment is impracticable and contrary to the public interest because the correcting amendments will more quickly ensure that EPA is following the proper procedures to evaluate potential threats to public health from releases of hazardous substances, pollutants, or contaminants. Thus, good cause exists to proceed without notice and public comment. These correcting amendments are effective immediately upon publication. Section 553(d) of the APA, 5 U.S.C. 553(d), 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,” among other exceptions. 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. 
                    *FCC,*
                     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 these correcting amendments effective immediately because, as stated above, the corrections govern how EPA, rather than the public or industry, applies the Hazard Ranking System to evaluate potential threats to public health from releases of hazardous substances, pollutants, or contaminants. Accordingly, EPA finds that good cause exists under section 553(d)(3) to make this rule effective immediately upon publication. 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: June 29, 2018. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management.
 40 CFR part 300 is corrected 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(d); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 2.Amend Appendix A to Part 300 by: a.In the Table of Contents revising the entries for “5.0” through “5.3”; and b.Revising Table 2-5, Table 5-16, and Table 7-1. The revisions read as follows: Appendix A to Part 300—The Hazard Ranking System Table of Contents List of Figures List of Tables 
 5.0 Soil Exposure and Subsurface Intrusion Pathway. 5.0.1 Exposure components. 5.1 Soil exposure component. 5.1.0 General considerations. 5.1.1 Resident population threat. 5.1.1.1 Likelihood of exposure. 5.1.1.2 Waste characteristics. 5.1.1.2.1 Toxicity. 5.1.1.2.2 Hazardous waste quantity. 5.1.1.2.3 Calculation of waste characteristics factor category value. 5.1.1.3 Targets. 5.1.1.3.1 Resident individual. 5.1.1.3.2 Resident population. 5.1.1.3.2.1 Level I concentrations. 5.1.1.3.2.2 Level II concentrations. 5.1.1.3.2.3 Calculation of resident population factor value. 5.1.1.3.3 Workers. 5.1.1.3.4 Resources. 5.1.1.3.5 Terrestrial sensitive environments. 5.1.1.3.6 Calculation of resident population targets factor category value. 5.1.1.4 Calculation of resident population threat score. 5.1.2 Nearby population threat. 5.1.2.1 Likelihood of exposure. 5.1.2.1.1 Attractiveness/accessibility. 5.1.2.1.2 Area of contamination. 5.1.2.1.3 Likelihood of exposure factor category value. 5.1.2.2 Waste characteristics. 5.1.2.2.1 Toxicity. 5.1.2.2.2 Hazardous waste quantity. 5.1.2.2.3 Calculation of waste characteristics factor category value. 5.1.2.3 Targets. 5.1.2.3.1 Nearby individual. 5.1.2.3.2 Population within 1 mile. 5.1.2.3.3 Calculation of nearby population targets factor category value. 5.1.2.4 Calculation of nearby population threat score. 5.1.3 Calculation of soil exposure component score. 5.2 Subsurface intrusion component. 5.2.0 General considerations. 5.2.1 Subsurface intrusion component. 5.2.1.1 Likelihood of exposure. 5.2.1.1.1 Observed exposure. 5.2.1.1.2 Potential for exposure. 5.2.1.1.2.1 Structure containment. 5.2.1.1.2.2 Depth to contamination. 5.2.1.1.2.3 Vertical migration. 5.2.1.1.2.4 Vapor migration potential. 5.2.1.1.2.5 Calculation of potential for exposure factor value. 5.2.1.1.3 Calculation of likelihood of exposure factor category value. 5.2.1.2 Waste characteristics. 5.2.1.2.1 Toxicity/degradation. 5.2.1.2.1.1 Toxicity. 5.2.1.2.1.2 Degradation. 5.2.1.2.1.3 Calculation of toxicity/degradation factor value. 5.2.1.2.2 Hazardous waste quantity. 5.2.1.2.3 Calculation of waste characteristics factor category value. 5.2.1.3 Targets. 5.2.1.3.1 Exposed individual. 5.2.1.3.2 Population. 5.2.1.3.2.1 Level I concentrations. 5.2.1.3.2.2 Level II concentrations. 5.2.1.3.2.3 Population within area(s) of subsurface contamination. 5.2.1.3.2.4 Calculation of population factor value. 5.2.1.3.3 Resources. 5.2.1.3.4 Calculation of targets factor category value. 5.2.2 Calculation of subsurface intrusion component score. 5.3 Calculation of the soil exposure and subsurface intrusion pathway score. 
 Table 2-5—Hazardous Waste Quantity Evaluation Equations
Tier
Measure
Units
Equation 
                                     for assigning  
                                     
                                        value aA
Hazardous constituent quantity (C)
lb
C.B b
Hazardous wastestream quantity (W)
lb
W/5,000.( print page 38038)C b
Volume (V)Landfill
yd3
V/2,500.Surface impoundment
yd3
V/2.5.Surface impoundment (buried/backfilled)
yd3
V/2.5.Drums c
gallon
V/500.Tanks and containers other than drums
yd3
V/2.5.Contaminated soil
yd3
V/2,500.Pile
yd3
V/2.5.Other
yd3
V/2.5.D b
Area (A)Landfill
ft2
A/3,400.Surface impoundment
ft2
A/13.Surface impoundment (buried/backfilled)
ft2
A/13.Land treatment
ft2
A/270.Piled
ft2
A/13.Contaminated soil
ft2
A/34,000.a
                                 Do not round to nearest integer.b
                                 Convert volume to mass when necessary: 1 ton = 2,000 pounds = 1 cubic yard = 4 drums = 200 gallons.c
                                 If actual volume of drums is unavailable, assume 1 drum=50 gallons.d
                                 Use land surface area under pile, not surface area of pile.
 
 Table 5-16—Values for Vapor Pressure and Henry's Constant
Assigned 
                                     valueVapor Pressure (Torr):Greater than 10
31 to 10
2Less than 1
0Henry's Constant (atm-m3
                                    /mol):Greater than 10 −3
3Greater than 10 −4
                                     to 10 −3
210 −5
                                     to 10 −4
1Less than 10 −5
0
 
 Table 7-1—HRS Factors Evaluated Differently for Radionuclides
Ground water 
                                     pathway
Status a
Surface water pathway
Status a
Soil exposure 
                                     component of  
                                     SESSI pathway
Status a
Subsurface 
                                     intrusion  
                                     component of  
                                     SESSI pathway
Status a
Air pathway
Status aLikelihood of 
                                     Release

Likelihood of 
                                     Release

Likelihood of 
                                     Exposure

Likelihood of 
                                     Exposure

Likelihood of 
                                     ReleaseObserved Release
Yes
Observed Release
Yes
Observed Contamination
Yes
Observed Exposure
Yes
Observed Release
Yes.Potential to Release
No
Potential to Release
No
Attractiveness/Accessibility to Nearby Residents
No
Potential for Exposure
Yes
Gas Potential to Release
No.Containment
No
Overland Flow Containment
No
Area of Contamination
No
Structure Containment
No
Gas Containment
No.Net Precipitation
No
Runoff
No


Depth to Contamination
Yes
Gas Source Type
No.Depth to Aquifer
No
Distance to Surface water
No


Vertical migration
No
Gas Migration Potential
No.Travel Time
No
Flood Frequency
No


Vapor Migration Potential
No
Particulate Potential to Release
No.Flood Containment
No


Area of Observed Exposure
No
Particulate Containment
No.Area of Subsurface Contamination
No
Particulate Source Type
No.Particulate Migration Potential
No.( print page 38039)Waste 
                                     Characteristics

Waste 
                                     Characteristics

Waste 
                                     Characteristics

Waste 
                                     Characteristics

Waste 
                                     CharacteristicsToxicity
Yes
Toxicity/Ecotoxicity
Yes/Yes
Toxicity
Yes
Toxicity/Degradation
Yes/Yes
Toxicity
Yes.Mobility
No
Persistence/Mobility
Yes/No
Hazardous Waste Quantity
Yes
Hazardous Waste Quantity
Yes
Mobility
No.Hazardous Waste Quantity
Yes
Bioaccumulation Potential
No




Hazardous Waste Quantity
Yes.Hazardous Waste Quantity
YesTargets

Targets

Targets

Targets

TargetsNearest Well
Yesb
Nearest Intake
Yesb
Resident Individual
Yesb
Exposed Individual
Yesb
Nearest Individual
Yes.bPopulation
Yesb
Drinking Water Population
Yesb
Resident Population
Yesb
Population
Yesb
Population
Yes.bResources
No
Resources
No
Workers
No
Resources
No
Resources
No.Wellhead Protection Area
No
Sensitive Environments
Yes b
Resources
No


Sensitive Environments
No.Human Food Chain Individual
Yes b
Terrestrial Sensitive Environments
NoHuman Food Chain Population
Yes b
Nearby Individual
                                     Population Within 1 Mile
No
                                     No.a—Factors evaluated differently are denoted by “yes”; factors not evaluated differently are denoted by “no”.b—Difference is in the determination of Level I and Level II concentrations.


[FR Doc. 2018-16605 Filed 8-2-18; 8:45 am] BILLING CODE 6560-50-P