2018-16605. Addition of a Subsurface Intrusion Component to the Hazard Ranking System; Corrections

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: [phone], email: [e-mail], 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 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 a
A	Hazardous constituent quantity (C)	lb	C.
B b	Hazardous wastestream quantity (W)	lb	W/5,000.
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 value
Vapor Pressure (Torr):
Greater than 10	3
1 to 10	2
Less than 1	0
Henry's Constant (atm-m3/mol):
Greater than 10 −3	3
Greater than 10 −4 to 10 −3	2
10 −5 to 10 −4	1
Less 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 a
Likelihood of Release		Likelihood of Release		Likelihood of Exposure		Likelihood of Exposure		Likelihood of Release
Observed 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.
Waste Characteristics		Waste Characteristics		Waste Characteristics		Waste Characteristics		Waste Characteristics
Toxicity	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	Yes
Targets		Targets		Targets		Targets		Targets
Nearest Well	Yesb	Nearest Intake	Yesb	Resident Individual	Yesb	Exposed Individual	Yesb	Nearest Individual	Yes.b
Population	Yesb	Drinking Water Population	Yesb	Resident Population	Yesb	Population	Yesb	Population	Yes.b
Resources	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	No
		Human 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.

* * * * *