[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32034]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 305
[FRL-4818-1]
RIN 2050-AC26
CERCLA Administrative Hearing Procedures for Claims Asserted
Against the Superfund
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
promulgating a final rule to implement section 112 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA). CERCLA section 112 outlines procedures for payments of claims
authorized pursuant to CERCLA section 111. Furthermore, EPA uses the
procedures authorized by CERCLA section 112 to reimburse parties for
response costs incurred pursuant to CERCLA section 122. EPA reimburses
the parties through payment of claims asserted against the Hazardous
Substance Superfund (the Fund). The claims authority allows EPA to
reimburse a person for the costs incurred for responding to an actual
or threatened release of hazardous substances, pollutants, or
contaminants if that person has received prior approval
(preauthorization) from EPA to conduct a response action. If EPA denies
all or part of a claim against the Fund for the costs incurred in
conducting a preauthorized response action, the adversely affected
claimant may request an administrative hearing to review that decision.
This final rule establishes procedures to request such a hearing and
governs the course of the proceeding following the request.
EFFECTIVE DATE: This final rule is effective February 2, 1994.
ADDRESSES: The official record for this rulemaking is in the Superfund
Docket, located at the United States Environmental Protection Agency,
401 M Street, SW., Room M 2615, Washington, DC 20460. The record is
available for inspection by appointment only (Telephone--202-260-3046)
between the hours of 9 a.m. and 4 p.m., Monday through Friday,
excluding legal holidays. As provided in 40 CFR part 2, a reasonable
fee may be charged for copying services.
FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, U.S.
Environmental Protection Agency, Office of Emergency and Remedial
Response, Hazardous Site Control Division, (Mail Code--5203G), 401 M
Street, SW., Washington, DC 20460; Telephone--703-603-8769. An
alternative contact is the Superfund Hotline; 1-800-424-9346 (TDD 800-
553-7672), or in the Washington, DC area, (703) 920-9810 (TDD 703-486-
3323).
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline:
I. Background
II. Response to Comments
III. Summary of Supporting Analyses
I. Background
EPA is today promulgating the final CERCLA administrative hearing
procedures for claims asserted against the Superfund. Today's rule is
based on an interim final rule with request for comments promulgated on
February 8, 1993, at 58 FR 7704. The rationale for the rule and a
discussion of its background and procedures may be found there. One
commenter made two specific comments on the interim final rule.
II. Response to Comments
EPA received one comment in two specific areas. The first portion
of the comment noted that ``most procedures litigation rules, including
the Federal Rules of Civil Procedure (FRCP), provide that Saturdays,
Sundays, and legal holidays shall not be counted in calculating short
time limits (e.g., ten days or less).'' The commenter went on to note
that the rule was at odds with such procedures. EPA notes that while
the rule is not identical to the FRCP, there is a good reason for such
departure. The procedures in this rule are designed to allow expedited
hearings in accord with the time frames provided in CERCLA section 112.
Nevertheless, litigants may seek an extension of the time for the
Presiding Officer to render a final order in the case, or may extend
that time frame by agreement of all parties. See 40 CFR 305.4(c).
Furthermore, litigants may seek extensions of time for the filing of
pleadings, documents, or motions. See 40 CFR 305.6(b). Therefore,
because of the need for expedition, and the availability of extensions
provided elsewhere in the rule, EPA believes that no change to the rule
is necessary.
The second portion of the comment noted that the ``service'' rules
``do not provide for service of documents on Federal agencies . . .
from which we infer that the rules are not intended to apply to such.''
That inference is incorrect. Because the rule applied to Federal
agencies that are potentially responsible parties, EPA has corrected
the final rule by adding procedures to serve Federal agencies at
Sec. 305.5(b)(1)(v). The amended rule provides that ``(S)ervice upon an
officer or agency of the United States shall be made by delivering a
copy of the document to the officer or agency, or in any manner
prescribed for service by applicable regulations. If the agency is a
corporation, the document shall be served as prescribed in paragraph
(iii) of this section.'' Like the rest of the rule, the new service
provision is modeled on 40 CFR part 22.
The commenter also raised a ``related question'' regarding the
manner and means by which Federal agencies are to be compensated for
the costs they incur pursuant to the NCP and related plans. Such
comment does not relate to the interim final rule and has been directed
to the appropriate EPA official for response.
III. Summary of Supporting Analyses
Proposed and final rules issued by Federal Agencies are subject to
several statutes and executive orders. These include Executive Order
12291 (superseded by Executive Order 12866 on September 1, 1993), the
Regulatory Flexibility Act, and the Paperwork Reduction Act.
A. Executive Order Review
This rulemaking was submitted and reviewed by the Office of
Management and Budget under Executive Order 12291. The rulemaking was
non-major under the requirements of that Executive Order. Therefore, no
Regulatory Impact Analysis was prepared.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires that a Regulatory
Flexibility Analysis be performed for all rules that are likely to have
a ``significant economic impact on a substantial number of small
entities.'' EPA certifies that this rule will not have a significant
economic impact on a substantial number of small entities because all
authorized costs and expenses are payable from the Fund. Further, this
final rule imposes no capital expenditures, nor any compliance
requirements on any business.
C. Paperwork Reduction Act
The final rule contains no information collection requirements
which require approval by the Office of Management and Budget pursuant
to 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 305
Environmental protection, Administrative practice and procedures,
Chemicals, Hazardous materials, Reporting and recordkeeping
requirements, Superfund, Waste treatment and disposal.
Dated: December 16, 1993.
Carol M. Browner,
Administrator.
40 CFR part 305 is amended as follows:
PART 305--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS
AGAINST THE SUPERFUND
1. The authority citation for part 305 continues to read as
follows:
Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3
CFR, 1987 Comp. p. 193.
2. Section 305.5 is amended by adding paragraph (b)(2)(v) to read
as follows:
Sec. 305.5 Filing, service, and form of pleadings and documents.
* * * * *
(b) * * *
(2) * * *
(v) Service upon an officer of agency of the United States shall be
made by delivering a copy of the document to the officer or agency, or
in any manner prescribed for service by applicable regulations. If the
agency is a corporation, the document shall be served as prescribed in
paragraph (b)(2)(iii) of this section.
* * * * *
[FR Doc. 93-32034 Filed 12-30-93; 8:45 am]
BILLING CODE 6560-50-F
