Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43309 

• 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 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 action does not have 

tribal implications as specified by 

Executive Order 13175 because the 

section 111(d)/129 plan is not approved 

to apply in Indian country located in the 

state, and EPA notes will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this section. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., 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. The EPA will 

submit a report containing this action 

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). 

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 November 14, 2017. 

Filing a petition for reconsideration 

by the Administrator of this final rule 

does not affect the finality of this action 

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 may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Other 

Solid Waste Incineration units. 

Dated: August 18, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 62 

as set forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

■ 2. Subpart CCC is amended by adding 

an undesignated center heading and 

§ 62.13358 to read as follows: 

Air Emissions From Other Solid Waste 

Incineration (OSWI) Units Constructed 

on or Before December 16, 2005 

§ 62.13358 Identification of plan—negative 

declaration. 

Letter from the Virgin Islands 

Department of Planning and Natural 

Resources submitted April 04, 2017 to 

Acting Regional Administrator 

Catherine R. Mc Cabe, certifying that the 

United States Virgin Islands has no 

existing unites pursuant to 40 CFR 60 

Subpart FFFF, Emissions Guidelines 

and Compliaince Times for Other Solid 

Waste Incineration Units that 

commenced construction on or before 

December 9, 2004. 

[FR Doc. 2017–19706 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–OLEM–2016–0786; FRL–9967– 

47–OLEM] 

RIN 2050–AG94 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

Under CERCLA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On June 20, 2017, the U.S. 

Environmental Protection Agency (EPA 

or the agency) took direct final action to 

amend the All Appropriate Inquiries 

Rule to reference ASTM International’s 

E2247–16 ‘‘Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process for Forestland or Rural 

Property’’ and allow for its use to satisfy 

the statutory requirements for 

conducting all appropriate inquiries 

under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA). The direct 

final rule was scheduled to be effective 

on September 18, 2017, unless EPA 

received adverse written comment. 

Because EPA received adverse 

comment, we are withdrawing the direct 

final rule for the Amendment to 

Standards and Practices for All 

Appropriate Inquiries published on June 

20, 2017. 

DATES: The direct final rule published 

on June 20, 2017 at 82 FR 28009 is 

withdrawn effective September 15, 

2017. 

FOR FURTHER INFORMATION 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: Because 

EPA received adverse comment, we are 

withdrawing the direct final rule for the 

Amendment to Standards and Practices 

for All Appropriate Inquiries published 

on June 20, 2017 (82 FR 28009). We 

stated in that direct final rule that if we 

received adverse comment by July 20, 

2017, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

adverse comment on that direct final 

rule. We addressed the comments 

received in the final action, which is 

published in the ‘‘Final Rules’’ section 

of this Federal Register. As stated in the 

direct final rule and the parallel 

proposed rule, we will not institute a 

second comment period on the parallel 

proposed rule published on June 20, 

2017 (82 FR 28040). 

List of Subjects in 40 CFR Part 312 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Superfund. 

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43310 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 

Dated: August 31, 2017. 

Barry N. Breen, 

Acting Assistant Administrator, Office of 

Land and Emergency Management. 

■ Accordingly, EPA withdraws the 

amendment to 40 CFR 312.11(a), 

published in the Federal Register on 

June 20, 2017 (82 FR 28009), as of 

September 15, 2017. 

[FR Doc. 2017–19594 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 312 

[EPA–HQ–OLEM–2016–0786; FRL–9967– 

46–OLEM] 

RIN 2050–AG94 

Amendment to Standards and 

Practices for All Appropriate Inquiries 

Under CERCLA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the agency) 

is taking final action to amend the 

Standards and Practices for All 

Appropriate Inquiries to update an 

existing reference to a standard practice 

revised by ASTM International, a 

widely recognized standards 

development organization. Specifically, 

this final rule amends the All 

Appropriate Inquiries Rule to reference 

ASTM International’s E2247–16 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment Process 

for Forestland or Rural Property’’ and 

allow for its use to satisfy the statutory 

requirements for conducting all 

appropriate inquires under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA). 

DATES: This final rule is effective on 

March 14, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2016–0786. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Docket materials are also available 

in hard copy at the EPA Docket Center 

Reading Room. Please see https://

www.epa.gov/dockets/epa-docketcenter-reading-room or call (202) 566– 

1744 for more information on the 

Docket Center Reading Room. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

CERCLA Call Center at 800–424–9346 or 

TDD 800–553–7672 (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: 

I. General Information 

A. Purpose of This Regulatory Action 

EPA is publishing this final rule to 

revise an existing reference in 40 CFR 

part 312 to include the updated version 

of a standard practice recently made 

available by ASTM International 

(E2247–16). 

B. Does this action apply to me? 

This action offers certain parties the 

option of using an available industry 

standard to conduct all appropriate 

inquiries at certain properties. Parties 

purchasing large tracts of forested land 

and parties purchasing large rural 

properties may use the ASTM E2247–16 

standard practice to comply with the all 

appropriate inquiries requirements of 

CERCLA. This rule does not require any 

entity to use this standard. Any party 

who wants to claim protection from 

liability under CERCLA may follow the 

regulatory requirements of the All 

Appropriate Inquiries Rule at 40 CFR 

part 312, use the ASTM E1527–13 

Standard Practice for Phase I 

Environmental Site Assessments to 

comply with the all appropriate 

inquiries provision of CERCLA, or use 

the standard recognized in this final 

rule, the ASTM E2247–16 standard, as 

applicable. 

Entities potentially affected by this 

action, or who may choose to use the 

newly referenced ASTM standard to 

perform all appropriate inquiries, 

include public and private parties who, 

as bona fide prospective purchasers, 

contiguous property owners, or 

innocent landowners, are purchasing 

large tracts of forested lands or large 

rural properties and intend to claim a 

limitation on CERCLA liability in 

conjunction with the property purchase. 

In addition, any entity conducting a site 

characterization or assessment on a 

property that consists of large tracts of 

forested land or a large rural property 

with a brownfields grant awarded under 

CERCLA Section104(k)(2)(B)(ii) may be 

affected by this 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 above table 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. 

C. Statutory Authority 

This final rule amends the All 

Appropriate Inquiries Rule setting 

federal standards for the conduct of ‘‘all 

appropriate inquiries’’ at 40 CFR part 

312. The All Appropriate Inquiries Rule 

sets forth standards and practices 

necessary for fulfilling the requirements 

of CERCLA section 101(35)(B) as 

required to obtain CERCLA liability 

relief and for conducting site 

characterizations and assessments with 

the use of brownfields grants per 

CERCLA section 104(k)(2)(B)(ii). 

II. Background 

On January 11, 2002, President Bush 

signed the Small Business Liability 

Relief and Brownfields Revitalization 

Act (‘‘the Brownfields Amendments’’). 

In general, the Brownfields 

Amendments to CERCLA provide funds 

to assess and clean up brownfields sites; 

clarify CERCLA liability provisions 

related to innocent 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 Superfund liability 

under Section 107 for bona fide 

prospective purchasers and contiguous 

property owners, in addition to 

clarifying the requirements necessary to 

establish the innocent landowner 

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