Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 79319 

this proposed action merely approves a 

state program and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the state 

program is not approved to regulate in 

Indian country located in North Dakota, 

and the EPA notes that it will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 28, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

pertaining to the approval of the 

NDDA’s delegation of authority for the 

chemical accident prevention 

provisions (CAA section 112), may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Intergovernmental relations, 

Risk management program. 

Dated: December 13, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 63 is amended as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities 

■ 2. Section 63.99 is amended by adding 

paragraph (a)(35) to read as follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(35) North Dakota. The North Dakota 

Department of Agriculture is delegated 

the authority to implement and enforce 

the provisions of 40 CFR part 68 at 

facilities with an anhydrous ammonia 

storage capacity of ten thousand pounds 

or more that is intended to be used as 

fertilizer or in the manufacturing of a 

fertilizer within North Dakota and that 

are subject to the requirements of 40 

CFR part 68, in accordance with the 

final rule, dated December 30, 2013. 

[FR Doc. 2013–31269 Filed 12–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–SFUND–2013–0513; FRL–9904– 

52–OSWER] 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

Under CERCLA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) today is taking final 

action to amend the standards and 

practices for conducting all appropriate 

inquiries under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) to reference 

a standard practice recently made 

available by ASTM International, a 

widely recognized standards 

development organization. Specifically, 

this final rule amends the ‘‘All 

Appropriate Inquiries Rule’’ at 40 CFR 

Part 312 to reference ASTM 

International’s E1527–13 ‘‘Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process’’ and make 

clear that persons conducting all 

appropriate inquiries may use the 

procedures included in this standard to 

comply with the All Appropriate 

Inquiries Rule. 

DATES: This rule is effective on 

December 30, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact the CERCLA 

Call Center at 800–424–9346 or TDD 

800–533–7672 (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 rule, contact 

Patricia Overmeyer, Office of 

Brownfields and Land Revitalization 

(5105T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460–0002, 202– 

566–2774, or Overmeyer.patricia@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Who potentially may be affected by 

today’s rule? 

Today’s action offers parties the 

option of using an additional ASTM 

International standard to conduct all 

appropriate inquiries. Parties 

purchasing potentially contaminated 

properties may use the ASTM E1527–13 

standard practice when conducting all 

appropriate inquiries pursuant to 

CERCLA. However, today’s rule does 

not require that any party use this 

standard. Any party who wants to 

conduct all appropriate inquiries under 

CERCLA may follow the All 

Appropriate Inquiries Rule at 40 CFR 

Part 312 or use the new standard 

recognized in today’s final rule, the 

ASTM E1527–13 standard. 

Parties potentially affected by this 

action are those who may choose to use 

the newly referenced ASTM standard to 

perform all appropriate inquiries and 

include public and private parties who, 

as bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners, are purchasing 

potentially contaminated properties and 


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79320 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 

intend to claim a limitation on CERCLA 

liability in conjunction with the 

property purchase. In addition, any 

party conducting a site characterization 

or assessment on a property with a 

brownfields grant awarded under 

CERCLA section 104(k)(2)(B)(ii) may be 

affected by today’s action. This includes 

state, local and tribal governments that 

receive brownfields site assessment 

grants. A summary of the potentially 

affected industry sectors (by North 

American Industry Classification 

System (NAICS) codes) is displayed in 

the table below. 

Industry category NAICS code 

Real Estate ............................... 531 

Insurance .................................. 52412 

Banking/Real Estate Credit ...... 52292 

Environmental Consulting Services ........................................ 54162 

State, Local and Tribal Government ...................................... 926110, 

925120 

Federal Government ................. 925120, 

921190, 

924120 

The list of potentially affected entities 

in the table above may not be 

exhaustive. Our aim is to provide a 

guide for readers regarding those 

entities that EPA is aware potentially 

could be affected by this action. 

However, this action may affect other 

entities not listed in the table. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding section entitled 

FOR FURTHER INFORMATION CONTACT. 

Content of Today’s Rule 

I. Statutory Authority 

II. Background 

III. Summary of Comments 

IV. Overview of Today’s Action 

V. Statutory and Executive Order Reviews 

I. Statutory Authority 

This rule, which amends the All 

Appropriate Inquiries Rule at 40 CFR 

part 312 setting federal standards for the 

conduct of ‘‘all appropriate inquiries’’, 

is promulgated under the authority of 

section 101(35)(B) of CERCLA (42 U.S.C. 

9601), as amended by the Small 

Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

II. Background 

On January 11, 2002, President Bush 

signed the Small Business Liability 

Relief and Brownfields Revitalization 

Act, Public Law 107–118 (‘‘the 

Brownfields Amendments’’), which 

amended CERCLA. In general, the 

Brownfields Amendments provide 

funds to assess and clean up 

brownfields sites; clarify CERCLA 

liability provisions related to certain 

purchasers of contaminated properties; 

and provide funding to enhance state 

and tribal cleanup programs. Subtitle B 

of the Brownfields Amendments revises 

some of the provisions of CERCLA 

section 101(35) and limits CERCLA 

liability under Section 107 (42 U.S.C. 

9607) for bona fide prospective 

purchasers and contiguous property 

owners, in addition to clarifying the 

requirements necessary to establish the 

innocent landowner defense under 

CERCLA. The Brownfields Amendments 

provide that parties purchasing 

potentially contaminated property must 

undertake ‘‘all appropriate inquiries’’ 

into prior ownership and use of the 

property at issue prior to purchase in 

order to qualify for protection from 

CERCLA liability. 

The Brownfields Amendments also 

required EPA to develop regulations 

establishing standards and practices for 

conducting all appropriate inquiries. 

EPA promulgated regulations that set 

standards and practices for all 

appropriate inquiries on November 1, 

2005 (70 FR 66070). In that rule, EPA 

referenced the ASTM E1527–05 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and authorized its use to 

comply with the rule. In December 

2008, EPA amended the rule to 

recognize another ASTM International 

standard as compliant with the rule, 

ASTM E2247–08 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process for Forestland or Rural 

Property’’ (73 FR 78716). 

In November 2013, ASTM 

International published ASTM E1527– 

13, ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ Earlier in 2013, EPA reviewed 

this standard, in response to ASTM 

International’s request, and determined 

that use of the standard would be 

compliant with the All Appropriate 

Inquiries Rule. 

On August 15, 2013, EPA published a 

direct final rule to amend the All 

Appropriate Inquiries Rule to reference 

ASTM International’s E1527–13 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’ and allow for its use to comply 

with the All Appropriate Inquiries Rule 

(78 FR 49690). A companion proposed 

rule, also published on August 15, 2013, 

invited comment on the direct final rule 

and stated that if EPA received adverse 

comment on the proposal to reference 

the ASTM E1527–13 standard, the 

Agency would withdraw the direct final 

rule (78 FR 49714). EPA received 

adverse comments on the direct final 

rule and published a notice of 

withdrawal of the direct final rule on 

October 29, 2013 (78 FR 64403). With 

today’s action, EPA is addressing the 

comments received in response to the 

August 15, 2013, proposed rule and 

finalizing the amendment to the All 

Appropriate Inquiry Rule referencing 

the ASTM E1527–13 standard practice. 

EPA also is announcing today its intent 

to publish a proposed rule, in the near 

future, that will propose amending the 

All Appropriate Inquiries final rule to 

remove the previous reference to the 

ASTM E1527–05 Phase I Environmental 

Site Assessment Standard. This action 

was not discussed in the August 15, 

2013 Federal Register notices, and so 

the Agency intends to propose this 

separately in order to provide an 

opportunity for public comment. 

With today’s action, EPA is 

establishing that parties seeking liability 

relief under CERCLA’s landowner 

liability protections, as well as 

recipients of brownfields grants for 

conducting site assessments, will be 

considered to have met the standards 

and practices for all appropriate 

inquiries, as set forth in the Brownfields 

Amendments to CERCLA and 40 CFR 

Part 312, if such parties follow the 

procedures provided in the ASTM 

E1527–13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ EPA made this determination 

based upon the Agency’s finding that 

the ASTM E1527–13 standard is 

compliant with the All Appropriate 

Inquiries Rule. Therefore, parties 

conducting all appropriate inquiries 

may use the procedures in the newly 

issued ASTM E1527–13 standard when 

conducting all appropriate inquiries. 

III. Summary of Comments 

EPA received forty-one comments on 

the proposed rule published August 15, 

2013. EPA developed a response-tocomments document and placed it in 

the docket for today’s action. The 

comments and EPA’s responses are 

summarized here. Most commenters 

supported the Agency’s proposed 

action. Several commenters raised 

concerns related to the Agency’s 

decision to continue to recognize a 

previous ASTM standard, ASTM 

E1527–05, as compliant with the All 

Appropriate Inquiries Rule. Other than 

recognizing the new standard, EPA did 

not propose, and is not finalizing with 

today’s action, any amendments or 

changes to the AAI Rule. Although 


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today’s action will not remove the 

current reference in the All Appropriate 

Inquiries Rule to the ASTM E1527–05 

standard, EPA agrees with commenters 

that the revised ASTM E1527–13 

standard includes improvements to the 

previous standard and its use will result 

in greater clarity for prospective 

purchases with regard to potential 

contamination at a property. Therefore, 

EPA recommends that environmental 

professionals and prospective 

purchasers use the ASTM E1527–13 

standard. In the near future, EPA 

intends to publish a proposed 

rulemaking to remove the reference to 

the ASTM E1527–05 standard in the All 

Appropriate Inquiries Rule. By taking 

such action the Agency’s intent will be 

to promote the use of the current 

industry standard and reduce confusion 

associated with the regulatory reference 

to a standard no longer recognized as 

current by ASTM International and no 

longer marketed by the standards 

development organization as reflecting 

its current consensus-based standard. 

EPA also received comments 

recommending changes to the 

requirements contained in the All 

Appropriate Inquiries Rule, including 

several comments requesting changes to 

the rule’s definition of environmental 

professional. In the August 15, 2013, 

Direct Final Rule and the companion 

Proposed Rule, EPA did not propose 

any changes to the requirements of 40 

CFR Part 312 and did not request 

comment on the content of the 

rulemaking beyond whether the new 

ASTM standard could be recognized as 

compliant with the All Appropriate 

Inquiries Rule. Therefore, those 

comments were outside the scope of the 

rulemaking and EPA is not responding 

to those comments. 

Some commenters included in their 

comments to EPA recommendations for 

changes to the ASTM E1527–13 

standard or commented on the ASTM 

process for reviewing and updating its 

standards. Comments critical of the new 

standard that are unrelated to whether 

it meets the requirements of the All 

Appropriate Inquiries Rule are outside 

the scope of this rulemaking. 

Commenters interested in proposing 

changes to the ASTM standard should 

contact ASTM International directly. 

IV. Overview of Today’s Action 

A. What is the intent of today’s Final 

Rule? 

In today’s Final Rule, EPA is 

recognizing the newly issued ASTM 

E1527–13 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process,’’ as compliant with the All 

Appropriate Inquiries Rule. In EPA’s 

view, the new ASTM E1527–13 

provides an improved process for 

parties who choose to undertake all 

appropriate inquiries. 

The ASTM E1527–13 standard is 

similar to the previous ASTM E1527–05 

standard. ASTM International updated 

the previous standard in accordance 

with its standard protocol for the review 

of its standard practices and guides. 

(ASTM typically reviews and revises or 

re-issues its standards every eight 

years.) The changes in the standard are 

based upon expertise and experience 

gained by ASTM members and 

practitioners in the field since the 2005 

standard was published. In EPA’s view, 

these changes enhance the usefulness of 

the standard in identifying potential 

releases and threatened releases of 

hazardous substances at commercial 

and industrial properties. To facilitate 

an understanding of the differences 

between the updated ASTM E1527–13 

Phase I Environmental Site Assessment 

Standard and the previous ASTM 

E1527–05 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process,’’ EPA developed, and placed in 

the docket for today’s action, the 

document ‘‘Summary of Updates and 

Revisions to ASTM E1527 Standard 

Practice for Environmental Site 

Assessments: Phase I Environmental 

Site Assessment Process: How E1527–13 

Differs from E1527–05.’’ 

By taking today’s action, EPA is 

fulfilling the intent and requirements of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113. The NTTAA 

requires federal agencies to use 

voluntary consensus standards in their 

regulatory activities, unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. The 

ASTM E1527–13 is a voluntary 

consensus standard, and EPA believes it 

is appropriate under the NTTAA to 

recognize this standard as a means of 

conducting all appropriate inquiries. 

B. What are the revisions to the ASTM 

International Phase I Environmental 

Site Assessment Standard? 

The ASTM E1527–13 standard is 

similar to the ASTM E1527–05 standard 

in format, process, and areas of 

coverage. In fact, many of the sections 

in ASTM E1527–13 are taken verbatim 

from ASTM E1527–05. The newly 

revised standard provides some 

clarifications and additional guidance 

for the environmental assessment of 

commercial and industrial properties 

and the determination of whether there 

are recognized environmental 

conditions or conditions indicative of 

releases or threatened releases of 

hazardous substances at a property. 

EPA believes that ASTM E1527–13 

improves upon the previous standard 

and reflects the evolving best practices 

and level of rigor that will afford 

prospective property owners necessary 

and essential information when making 

property transaction decisions and 

meeting continuing obligations under 

the CERCLA liability protections. In 

particular, the new ASTM E1527–13 

standard enhances the previous 

standard with regard to the delineation 

of historical releases or recognized 

environmental conditions at a property 

and makes important revisions to the 

standard practice to clarify that all 

appropriate inquires and phase I 

environmental site assessments must 

include, within the scope of the 

investigation, an assessment of the real 

or potential occurrence of vapor 

migration and vapor releases on, at, in 

or to the subject property. Additional 

revisions to the ASTM E1527–05 

standard include: 

• ASTM International updated the 

definition of ‘‘Recognized 

Environmental Condition (REC).’’ 

• ASTM International updated its 

definition of ‘‘Historical Recognized 

Environmental Condition (HREC).’’ 

• ASTM International added a 

definition of ‘‘Controlled Recognized 

Environmental Condition (CREC) to the 

standard.’’ 

• ASTM International added a 

clarification to the definition of ‘‘de 

minimis condition.’’ 

• ASTM International revised the 

definition of ‘‘migrate/migration’’ to 

specifically include vapor migrations. 

• ASTM International revised the 

standard’s definition of ‘‘release’’ to 

clarify that the definition has the same 

meaning as the definition of release in 

CERCLA . 

• ASTM International added 

additional guidance related to the 

regulatory agency file and records 

review requirement to provide a 

standardized framework for verifying 

agency information obtained from key 

databases. 

EPA views these enhancements and 

clarifications to the ASTM standard as 

valuable improvements and strongly 

encourages prospective purchasers of 

real property to use the updated ASTM 

E1527–13 standard when conducting all 

appropriate inquiries. Several of the 

more significant changes are discussed 

briefly below. 

In the case of vapor releases, or the 

potential presence or migration of 

vapors associated with hazardous 


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substances or petroleum products, EPA 

notes that both the All Appropriate 

Inquiries Rule and the ASTM E1527–05 

standard already call for the 

identification of potential vapor releases 

or vapor migration at a property, to the 

extent they are indicative of a release or 

threatened release of hazardous 

substances. The All Appropriate 

Inquiries Rule is designed to identify 

conditions indicative of releases and 

threatened releases of hazardous 

substances on, at, in, or to the subject 

property. 40 CFR 312.1(c)(2). In the case 

of the ASTM E1527–05 standard, users 

and environmental professionals are 

required to identify recognized 

environmental conditions that include 

the presence or likely presence of 

hazardous substances or petroleum 

products under conditions that indicate 

an existing release, a past release, or a 

material threat of a release. Neither the 

All Appropriate Inquiries Rule nor the 

ASTM E 1527–05 standard excludes the 

identification of vapor releases as a 

possible type of release. However, some 

users of the ASTM E1527–05 standard 

and some who submitted comments in 

response to EPA’s August 15, 2013, 

proposed rule raised concerns that 

potential vapor releases on, at, in or to 

a property are often not considered or 

may be overlooked by many 

practitioners when conducting all 

appropriate inquiries. EPA wishes to be 

clear that, in its view, vapor migration 

has always been a relevant potential 

source of release or threatened release 

that, depending on site-specific 

conditions, may warrant identification 

when conducting all appropriate 

inquiries. EPA applauds the revisions 

made by ASTM International to the 

updated E1527–13 standard regarding 

vapor migration. EPA anticipates that 

practitioners properly conducting all 

appropriate inquiries will consider all 

conditions indicative of releases and 

threatened releases of hazardous 

substances and that the revised standard 

will help reduce previous confusion on 

how to conduct a thorough all 

appropriate inquiries investigation. 

ASTM International also revised the 

definition of ‘‘historical recognized 

environmental condition’’ (HREC). The 

revised definition clarifies that the 

scope and application of a HREC is 

limited to only past releases that have 

been addressed to a degree allowing for 

unrestricted use of the property. In 

addition, the revised standard includes 

a new term ‘‘Controlled Recognized 

Environmental Condition’’ (CREC) that 

is defined as past releases that have 

been addressed but allow contamination 

to remain in place subject to the 

implementation of required controls. 

The result of these two clarifications 

will have the effect of providing 

prospective purchasers with better 

information regarding the nature of 

historic releases at a property and 

provide prospective purchasers with a 

better basis for making informed 

decisions regarding potential future uses 

of a property. EPA notes that these 

clarifications and the improved level of 

information that may result due to the 

implementation of the revised standard 

will result in enhanced information on 

potential contamination for prospective 

purchasers. Therefore, EPA anticipates 

that prospective purchasers looking to 

claim protection from CERCLA liability 

will prefer this additional clarity and 

will request that environmental 

professionals use the ASTM E1527–13 

standard when conducting all 

appropriate inquiries investigations. 

EPA applauds the additional rigor and 

clarity provided in ASTM E1527–13 

standard, and the Agency recommends 

that prospective property owners and 

environmental professionals use the 

updated standard. 

Other revisions to the ASTM E1527– 

05 standard include additional guidance 

related to the regulatory agency file and 

records review requirements. The 

ASTM E1527–13 standard provides a 

standardized framework for verifying 

agency information obtained from key 

databases. This additional guidance, 

and added framework for file and record 

reviews, clarifies that an environmental 

professional should make efforts to 

review and document the validity of 

information found from searches of 

agency databases. Such an inquiry will 

generally enhance the quality of reports 

and level of confidence that users, or 

prospective property owners, can place 

on site assessment results. 

In EPA’s view, all of the clarifications 

and revisions listed above represent 

enhancements to the ASTM E1527–05 

standard. EPA anticipates that 

prospective purchasers and 

environmental professionals will 

embrace the increased level of rigor 

provided by the revisions and will 

adopt the ASTM E1527–13 standard. 

EPA recommends that the ASTM 

E1527–13 standard be used to conduct 

all appropriate inquiries investigations 

and Phase I Environmental Site 

Assessments. EPA anticipates that those 

conducting or relying on an all 

appropriate inquiries investigation will 

generally adjust to using the updated 

standard, particularly in light of the fact 

that ASTM International will label the 

ASTM E1527–05 Standard a historical 

standard and establish that the revised 

standard is the only standard reflecting 

the current consensus of the responsible 

ASTM International technical 

committee. Given that the revised 

ASTM E1527–13 standard is now 

available from ASTM International, and 

given that ASTM International 

established that the ASTM E1527–13 

standard is the only standard that 

reflects the consensus of its technical 

committee, EPA intends to publish a 

proposed rule to remove the current 

reference in the AAI Rule to the historic 

standard. Such action will remove any 

confusion prompted by the regulatory 

reference to a standard that does not 

correspond to ASTM International’s 

consensus practice. Should EPA 

determine in the future that the 

enhanced standards and practices 

contained in the ASTM E1527–13 

standard are not being widely adopted, 

EPA may examine the need to further 

modify the All Appropriate Inquiries 

Rule (40 CFR part 312) to explicitly 

require the types of enhanced activities 

provided for in the updated ASTM 

E1527–13 standard. 

C. What is the effective date of this rule? 

This rule is effective as of the date of 

its publication in the Federal Register. 

There is good cause under Section 553 

of the Administrative Procedure Act 

(APA) for this revision to become 

effective immediately. Section 553(d)(3) 

of the APA allows an effective date less 

than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ 5 U.S.C. 553(d)(3). The 

purpose of the 30-day waiting period 

prescribed in APA section 553(d)(3) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. This 

rule, however, does not create any new 

regulatory requirements or take other 

action for which affected parties would 

need time to prepare before the rule 

takes effect. Rather, this action merely 

offers parties the option of using an 

additional ASTM International standard 

to conduct all appropriate inquiries. 

Today’s rule does not require that any 

party use this standard. For these 

reasons, there is good cause under the 

APA for this revision to become 

effective on the date of publication of 

this action. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under Executive 

Order (EO) 12866, titled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735 


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Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 79323 

(October 4, 1993)), and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). The current 

regulation does not have an information 

collection burden and today’s action 

only change to the regulation is to allow 

for the use of an additional standard. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small business, small 

organizations, and small governmental 

jurisdictions. 

Today’s action does not change the 

current regulatory status quo and does 

not impose any regulatory requirements. 

After considering the economic impacts 

of today’s final rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. This action merely 

allows for the use of a voluntary 

consensus standard. This action allows 

for the newly recognized standard to be 

used by any entity. The action imposes 

no new regulatory requirements and 

will result in no additional burden to 

any entity. Therefore, this action is not 

subject to the requirements of sections 

202 or 205 of UMRA. 

As stated above, this rule is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

new regulatory requirements that might 

significantly or uniquely affect small 

governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. Today’s action does not 

substantially change the current 

regulation, it merely allows for the use 

of an additional voluntary consensus 

standard. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132. Thus, EO 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in EO 13175 

(65 FR 67249 (November 9, 2000)). 

Today’s action does not change any 

current regulatory requirements and 

therefore does not impose any impacts 

upon tribal entities. Thus, EO 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to EO 13211 

(66 FR 28355 (May 22, 2001)), because 

it is not a significant regulatory action 

under EO 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action involves technical 

standards. Therefore, the requirements 

of section 12(d) of the NTTAA (15 

U.S.C. 272) apply. The NTTAA was 

signed into law on March 7, 1996 and, 

among other things, directs the National 

Institute of Standards and Technology 

(NIST) to bring together federal agencies 

as well as state and local governments 

to achieve greater reliance on voluntary 

standards and decreased dependence on 

government developed standards. It 

states that use of such standards, 

whenever practicable and appropriate, 

is intended to achieve the following 

goals: (a) Eliminate the cost to the 

government of developing its own 

standards and decrease the cost of goods 

procured and the burden of complying 

with agency regulation; (b) provide 

incentives and opportunities to 

establish standards that serve national 

needs; (c) encourage long-term growth 

for U.S. enterprises and promote 

efficiency and economic competition 

through harmonization of standards; 

and (d) further the policy of reliance 

upon the private sector to supply 

Government needs for goods and 

services. The Act requires that federal 

agencies adopt private sector standards, 

particularly those developed by 

standards developing organizations 

(SDOs), wherever possible in lieu of 

creating proprietary, non-consensus 

standards. 

Today’s action complies with the 

NTTAA as it allows for persons 

conducting all appropriate inquiries to 

use the procedures included in the use 

of the ASTM International standard 

known as Standard E1527–13 and 

entitled ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process to comply with the All 

Appropriate Inquiries Rule.’’ 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)), establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 


wreier-aviles on DSK5TPTVN1PROD with RULES
79324 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. Today’s action does not 

change any regulatory requirements or 

impose any new requirements. 

K. Congressional Review Act 

The Congressional Review Act, as 

added by the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule is 

effective on December 30, 2013. 

List of Subjects in 40 CFR Part 312 

Administrative practice and 

procedure, Hazardous substances. 

Dated: December 19, 2013. 

Mathy Stanislaus, 

Assistant Administrator. 

For the reasons set out in the 

preamble, title 40 chapter I of the code 

of Federal Regulations is amended as 

follows: 

PART 312—[AMENDED] 

■ 1. The authority citation for part 312 

continues to read as follows: 

Authority: Section 101(35)(B) of CERCLA, 

as amended, 42 U.S.C. 9601(35)(B). 

Subpart B—Definitions and References 

■ 2. Section 312.11 is amended by 

adding paragraph (c) to read as follows: 

§ 312.11 References. 

* * * * * 

(c) The procedures of ASTM 

International Standard E1527–13 

entitled ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process.’’ This standard is available 

from ASTM International at 

www.astm.org, 1–610–832–9585. 

[FR Doc. 2013–31112 Filed 12–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2013–0002; Internal 

Agency Docket No. FEMA–8315] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR Part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 


wreier-aviles on DSK5TPTVN1PROD with RULES