/oj(io)f7R-5-<33 

p.i 

^ton ^ 

I®, 

\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

$ WASHINGTON, D.C. 20460 

SEP I 6 I988 SOLID WASTE AND EMERGENCY RESPONSE 

MEMORANDUM 

SUBJECT: Extension of Comment Period for Proposed Rule on Reporting 

Exemptions for Federally Permitted Releases 

FROM: Henry L. Longest II, Director 

Office of Emergency and Remedia/lfRe'spJonse 

TO: J. Winston Porter 

Assistant Administrator 

Please find attached for your signature the Federal Register notice 

extending the comment period for the Notice of Proposed Rulemaking for the 

Federally Permitted Release regulations, 40 CFR Parts 117, 302, and 355, from 

September 19, 1988 to October 19, 1988. EPA has received requests from several regulated parties, including the American Petroleum Institute, to extend 

the comment period to allow more time for the public to prepare comments on 

the proposed interpretations. The Office of Emergency and Remedial Response 

has determined that these requests are valid and recommends that you sign 

this notice to extend the current comment period an additional 30 days. 

Attachment 
P.2 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 117, 302, and 355 

[ ] 

Reporting Exemptions for Federally Permitted Releases of Hazardous Substances 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed rule; extension of comment period. 

SUMMARY: On July 19, 1988, the Environmental Protection Agency (EPA) proposed 

a rule to clarify the federally permitted release exemption from release 

reporting and liability provisions under the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. The 

proposed rule also addressed this exemption from the release notification 

requirements under Title III of the Superfund Amendments and Reauthorization 

Act of 1986. Further, the Agency proposed in this rule to make conforming 

changes to the regulation describing the notification requirements for 

releases of hazardous substances under section 311 of the Clean Water Act (40 

CFR Part 117). Finally, the proposal addressed several issues concerning 

the applicability of notification requirements under CERCLA to certain 

types of releases. Today, EPA is extending the comment period on the 

proposed rule from September 19, 1988 to October 19, 1988. 

DATES: v Commen^-must be received on or before October 19, 19S8. 

ADDRESSES: 

Comments: Comments should be submitted in triplicate to: Emergency 

Response Division, Superfund Docket Clerk, Attention: Docket Number 101(10) 

FPR, Room LG-100, U.S. Environmental Protection Agency, 401 M Street SW, 

Washington, DC 20460. 
P.3 

1 

Docket: Copies of materials relevant to this rulemaking are kept in 

Room LG-100 at the U.S. Environmental Protection Agency, 401 M Street SW, 

Washington, DC 20460. The docket is available for inspection between the 

hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Federal 

holidays. Appointments to review the docket can be made by calling 1-

202/382-3046. As provided in 40 CFR Part 2, a reasonable fee may be charged 

for copying services. The public may copy a maximum of 50 pages from any 

regulatory docket at no cost. Additional copies cost $.20 per page. 

FOR FURTHER INFORMATION CONTACT: Mr. Hubert Watters, Project Officer, 

Response Standards and Criteria Branch, Emergency Response Division (OS-210), 

U.S. Environmental Protection Agency, 401 M Street SW, Washington, DC 20460, 

(202) 382-2463; or the RCRA/Superfund Hotline, 1-800/424-9356; in Washington, 

DC, 1-202/382-3000. 

The toll-free telephone number of the National Response Center is 1-

800/424-8802; in the Washington, DC metropolitan area, the number is 1-

202/426-2675. 

SUPPLEMENTARY INFORMATION: On July 19, 1988, EPA proposed a rule (53 FR 

27268) to clarify reporting exemptions for federally permitted releases of 

hazardous substances (40 CFR Parts 117, 302, and 355). The Agency requested 

comments on the proposed rulemaking, which were to be received by September 19, 

1988. *- - " 
P.4_ 

EPA has received several requests from members of the regulated community 

for an extension of the comment period to allow time to prepare their 

responses. The Agency has decided to extend the comment period until October 

19, 1988, to give all members of the public adequate time to review and comment 

fully on the proposed regulation. 

Dated: 

rM-n i ~ , ur J ••<- Winston- / tAJA^ 

SEP I 9 !9S3 hi Ass i stant// Admi n istrator 

'\ 
* U. S. GOVERNMENT PRINTING OFFICE : 1983-396-458 

P.5 

FEDERAL REGISTER TYPESETTING REQUEST 

1. TITLE 

Reporting Exemptions for Federally Permitted Releases of 

Hazardous Substances 

i 

Requestor: Complete items 1, 2, 7, 

8, 9, 10, 11, 12 and 13. Retain 

copy number 7 and submit the 

balance with manuscript copy to 

the Hq. Fadoral Register Office. 

HQ Federal Register Office: Complete items 3, 4, 5 and 6. Retain 

copy number 6 and submit balance 

to Hq. Printing Management. 

2. SUBMITTING ACTIVITY 

U.S. EPA, OSWER, PERR, ERD, RSCB 

3. ASSIGNED FRL NUMBER /include alpha <i numeric characters for identification.) 

4. OPEN REQUISITION NUMBER 5. BILLING CODE 

6. FORWARDED TO GSA, NARS - SIGNATURE DATE 

9/19/88 

•-0-X28X 

7. NUMBER OF MANUSCRIPT PAGES 

3 

8. ESTIMATED NUMBER OF COLUMNS 

1 

9. ESTIMATED COST 

$1-50.00 

10. FINANCIAL DATA 

13. FUiypNQS AfiTifE AVAILABLS- A\TA\ LAB L^ (Commitment ) (Committment Clerk) 

•3