  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF

	SOLID WASTE AND EMERGENCY

RESPONSE

Note to docket

December 23, 2014

Re:  EPA-HQ-SFUND-2014-0733 - Technical Amendment to Update Data
Management System Nomenclature, Notice of Proposed Rulemaking

On December 2, 2014, the EPA received the following comment on the
Notice of Proposed Rulemaking (NPRM) for the technical amendment to the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
to update the data management system nomenclature, “The authority
section for this regulation cites 33 USC 1321(c)(2). This is incorrect.
That section is about Discharges Posing Substantial Threat to Public
Health or Welfare. The correct citation should be to 33 USC 1321(d)
which is about the National Contingency Plan. When the executive branch
regulates, it is required to state the authority for its regulation.”

In response, the commenter correctly identified the first authority
citation as pertaining to discharges to waterways which pose a
substantial threat to public health and welfare, which is relevant to
the implementation of the NCP. However, the commenter did not consider
the remainder of the authority citation, the second of which, 42 USC
9601-9657, includes the entire NCP at 42 USC 9605. The EPA was well
within its stated authority to amend the NCP for this data system
nomenclature update.

Further, the NPRM states that if adverse comments are received on this
action, the EPA will withdraw the proposed rule and address all relevant
public comments before proceeding with a final rule. Because the above
comment does not address the action to update the NCP’s data system
nomenclature, and because the EPA clearly stated its authority for this
regulation, we are not considering this an adverse comment and are
proceeding with the final rule.

 

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