Proposed Rule2026-11053
Amending the Administrative Hearing Procedures for Claims Against the Hazardous Substance Superfund Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
June 3, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Environmental Protection Agency (EPA) is proposing to amend the administrative hearing procedures for claims brought against the Hazardous Substance Superfund pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Full Text
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<title>Federal Register, Volume 91 Issue 106 (Wednesday, June 3, 2026)</title>
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[Federal Register Volume 91, Number 106 (Wednesday, June 3, 2026)]
[Proposed Rules]
[Pages 33135-33137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11053]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 305
[EPA-HQ-OLEM-2026-2048; FRL-13113-01-OLEM]
RIN 2050-AH49
Amending the Administrative Hearing Procedures for Claims Against
the Hazardous Substance Superfund Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Environmental Protection Agency (EPA) is proposing to amend
the administrative hearing procedures for claims brought against the
Hazardous Substance Superfund pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).
DATES: Comments must be received on or before August 3, 2026.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2026-2048, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management, Docket, Mail Code
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Scott Mansfield, Office of Land and
Emergency Management, Mail Code 5305T, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW, Washington, DC 20460, telephone number:
(202) 566-0174, email address: <a href="/cdn-cgi/l/email-protection#204d414e534649454c440e53434f5454604550410e474f56"><span class="__cf_email__" data-cfemail="f69b979885909f939a92d88595998282b6938697d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2026-
2048, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the full EPA
public comment policy; information about CBI, PBI, or multimedia
submissions; and general guidance on making effective comments.
II. General Information
A. Does this action apply to me?
This action affects persons who file claims for eligible response
costs incurred in carrying out the National Oil and Hazardous
Substances Pollution Contingency Plan.
[[Page 33136]]
B. What action is the agency taking?
EPA is proposing to make one revision to 40 CFR part 305, which are
the regulations Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) Administrative Hearing Procedures for Claims
Against the Superfund. Sections 111(a)(2) and 122(b)(1) of CERCLA
authorize EPA to, among other things, use the Hazardous Substance
Superfund to reimburse certain persons who file claims for eligible
response costs incurred in carrying out the National Oil and Hazardous
Substances Pollution Contingency Plan. In this action, EPA is proposing
to amend Sec. 305.31(a). Upon further evaluation, and for the reasons
explained herein, EPA has determined that this revision is appropriate.
40 CFR 305.31(a)
Section 305.31 sets forth the rules of evidence for the relevant
administrative hearings. It provides, as general rule, that ``The
Presiding Officer shall admit all evidence which is not irrelevant,
immaterial, unduly repetitious, or otherwise unreliable or of little
probative value . . .'' 40 CFR 305.31(a). Notably, the exclusion of
evidence that is simply ``of little probative value'' does not align
with the Federal Rules of Evidence. EPA determines that excluding such
evidence is unwarranted, particularly because the exclusion of evidence
that is ``irrelevant, immaterial, unduly repetitious, or otherwise
unreliable'' thoroughly addresses concerns related to relevancy. EPA is
proposing to remove from Sec. 305.31(a) the language excluding
evidence that is ``of little probative value'' to simplify the body of
Federal regulations and to enable the admission of evidence that is
relevant and otherwise acceptable but also ``of little probative
value'' when considered by itself.
In sum, EPA is proposing to amend Sec. 305.31 to simplify the body
of Federal regulations. EPA is seeking comments on these proposed
changes. In this proposal, EPA is not reconsidering, proposing to
reopen, or otherwise soliciting comment on any other provisions of the
existing Part 305 regulations or other regulations governing claims
asserted against the Hazardous Substance Superfund beyond those
specifically identified in this proposal. EPA will not respond to
comments submitted on any issues other than those specifically
identified in this proposal, and such comments will not be considered
part of the rulemaking record.
C. What is the agency's authority for taking this action?
The authority to propose this rule is found in sections 111, 112
and 122 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments
and Reauthorization Act of 1986 (42 U.S.C. 9611, 9612, and 9622).
D. What are the incremental costs and benefits of this action?
By removing unnecessary regulatory text this action will reduce the
complexity of the body of the Federal regulations, which should result
in an overall general reduction in burden for regulated entities using
the Code of Federal Regulations (CFR).
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action. The proposed rule is expected to provide burden reduction by
simplifying the body of Federal regulations.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action does not contain any information collection
activities.
D. The Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. This action will reduce the regulatory burden on regulated
entities associated with these procedures. We have therefore concluded
that this action will relieve regulatory burden for all directly
regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action will impose no enforceable duty on any
state, local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it does
not have substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may dispropor-tionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply. This action is proposing to
amend the administrative hearing procedures for claims brought against
the Hazardous Substance Superfund. There are no children's health
considerations for this action.
[[Page 33137]]
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action does not involve technical standards.
List of Subjects in 40 CFR Part 305
Environmental protection, Cost recovery, Hazardous substances,
Liability, Superfund.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend
part 305 of chapter I, subchapter J, of title 40 of the Code of Federal
Regulations as follows:
PART 305--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, and
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS
AGAINST THE SUPERFUND
0
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.
Subpart D--Hearing Procedure
0
2. In Sec. 305.31, revise paragraph (a) to read as follows:
Sec. 305.31 Evidence.
(a) General. The Presiding Officer shall admit all evidence which
is not irrelevant, immaterial, unduly repetitious, or otherwise
unreliable except that evidence which would be excluded in the Federal
courts under Rule 408 of the Federal Rules of Evidence (28 U.S.C.
appendix) is not admissible. In the presentation, admission,
disposition, and use of evidence, the Presiding Officer shall follow
the provisions regarding confidential business information of 40 CFR
part 2, subpart B for CERCLA. The commercial or trade secret status of
any information shall not, however, preclude its being introduced into
evidence, The Presiding Officer may make such orders as may be
necessary to consider such evidence in camera, including the
preparation of a supplemental final order to address questions of law
or fact which arise out of that portion of the evidence which is
confidential or which includes trade secrets. For the purpose of
recording the hearing, the court reporter shall be considered ``a
person under contract or subcontract to EPA to perform work for EPA in
connection with the Act or regulations which implement the Act''
pursuant to 40 CFR 2.301(h)(2); unless the affected business, as
defined in 40 CFR 2.201(d), agrees to some other procedures approved by
the Presiding Officer.
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[FR Doc. 2026-11053 Filed 6-2-26; 8:45 am]
BILLING CODE 6560-50-P
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