82 FR 3633 - Civil Monetary Penalty Inflation Adjustment Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 8 (January 12, 2017)
Federal Register Volume 82, Issue 8 (January 12, 2017)
| Page Range | 3633-3637 | |
| FR Document | 2017-00160 |
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)] [Rules and Regulations] [Pages 3633-3637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00160] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 19 [FRL-9958-06-OECA] Civil Monetary Penalty Inflation Adjustment Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of statutory civil monetary penalty amounts under the statutes EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as [[Page 3634]] amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (``the 2015 Act''). The 2015 Act prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. The rule does not necessarily revise the penalty amounts that EPA chooses to seek pursuant to its civil penalty policies in a particular case. EPA's civil penalty policies, which guide enforcement personnel in how to exercise EPA's statutory penalty authorities, take into account a number of fact- specific considerations, e.g., the seriousness of the violation, the violator's good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator's ability to pay. DATES: This final rule is effective on January 15, 2017. FOR FURTHER INFORMATION CONTACT: David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number: (202) 564-4083; [email protected]. SUPPLEMENTARY INFORMATION: I. Background Since 1990, Federal agencies have been required to issue regulations adjusting for inflation the statutory civil penalties \1\ that can be imposed under the laws administered by that agency. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (DCIA), required agencies to review their statutory civil penalties every 4 years, and to adjust the statutory civil penalty amounts for inflation if the increase met the DCIA's adjustment methodology. In accordance with the DCIA, EPA reviewed and, as appropriate, adjusted the civil penalty levels under each of the statutes the agency implements in 1996 (61 FR 69360), 2004 (69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643). --------------------------------------------------------------------------- \1\ The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil monetary penalty'' as ``any penalty, fine, or other sanction that-- (A)(i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.'' --------------------------------------------------------------------------- The 2015 Act \2\ requires agencies to: (1) Adjust the level of statutory civil penalties with an initial ``catch-up'' adjustment through an interim final rulemaking; and (2) beginning January 15, 2017, make subsequent annual adjustments for inflation. The purpose of the 2015 Act is to maintain the deterrent effect of civil penalties by translating originally enacted statutory civil penalty amounts to today's dollars and rounding statutory civil penalties to the nearest dollar. --------------------------------------------------------------------------- \2\ The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74) was signed into law on Nov. 2, 2015, and further amended the Federal Civil Penalties Inflation Adjustment Act of 1990. --------------------------------------------------------------------------- As required by the 2015 Act, EPA issued a catch up rule on July 1, 2016, which was effective August 1, 2016 (81 FR 43091). This rule implements the annual penalty inflation adjustments mandated by the 2015 Act. Beginning in 2017, Section 4 of the 2015 Act requires each federal agency to publish annual adjustments to all civil penalties under the laws implemented by that agency. These annual adjustments are required to be published by January 15 of each year. The 2015 Act describes the method for calculating the adjustments. Each statutory maximum civil monetary penalty is multiplied by the cost-of-living adjustment, which is the percentage by which the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October 2016 exceeds the CPI-U for the month of October 2015. With this rule, the new statutory maximum (or minimum \3\) penalty levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory civil penalties assessed on or after January 15, 2017, for violations that occurred after November 2, 2015, when the 2015 Act was enacted. The statutory civil penalty levels, as codified at Table 1 to 40 CFR 19.4, will continue to apply to: (1) Violations that occurred on or before November 2, 2015, and (2) violations that occurred after November 2, 2015, where the penalty assessment was made prior to August 1, 2016. --------------------------------------------------------------------------- \3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary penalty'' means ``a specific monetary amount as provided by Federal law''; or ``has a maximum amount provided for by Federal law.'' EPA- administered statutes generally refer to statutory maximum penalties, with the following exceptions: Section 311(b)(7)(D) of the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992. . .''; and Section 325(d)(1) of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), refers to an exact civil penalty of $25,000 for each frivolous trade secret claim. --------------------------------------------------------------------------- The formula for determining the cost-of-living or inflation adjustment to statutory civil penalties consists of the following steps: Step 1: The cost-of-living adjustment multiplier for 2017, based on the CPI-U of October 2016, is 1.01636.\4\ Multiply 1.01636 by the current penalty amount. This is the raw adjusted penalty value. --------------------------------------------------------------------------- \4\ Office of Management and Budget Memorandum, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum M-17-11) at p. 1 (December 16, 2016). --------------------------------------------------------------------------- Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 Act states that any adjustment shall be rounded to the nearest multiple of $1. The result is the final penalty value for the year. II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty Inflation Adjustments Notwithstanding Section 553 of the Administrative Procedures Act Section 4 of the 2015 Act directs federal agencies to publish annual adjustments no later than January 15, 2017. In accordance with section 553 of the Administrative Procedures Act (APA), most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. However, Section 4(b)(2) of the 2015 Act provides that each agency shall make the annual inflation adjustments ``notwithstanding section 553'' of the APA. According to OMB guidance issued to Federal agencies on the implementation of the 2017 annual adjustment,\5\ the phrase ``notwithstanding section 553'' means that ``the public procedure the APA generally provides--notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'' Consistent with the language of the 2015 Act and OMB's implementation guidance, this rule is not subject to notice and an opportunity for public comment and will be effective immediately upon publication. --------------------------------------------------------------------------- \5\ See OMB Memorandum M-17-11 at p. 3. --------------------------------------------------------------------------- III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review Under Executive Order 12866, OMB determined this final rule to be a ``non-significant'' regulatory action and, therefore, it did not undergo interagency review.\6\ --------------------------------------------------------------------------- \6\ See OMB Memorandum M-17-11 at p. 3. --------------------------------------------------------------------------- [[Page 3635]] B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This rule merely increases the level of statutory civil penalties that could be imposed in the context of a Federal civil administrative enforcement action or civil judicial case for violations of EPA-administered statutes and their implementing regulations. C. Regulatory Flexibility Act (RFA) This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs Federal agencies to publish this rule notwithstanding section 553 of the APA, this rule is not subject to notice and comment requirements or the RFA. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action is required by the 2015 Act, without the exercise of any policy discretion by EPA. This action also imposes no enforceable duty on any state, local or tribal governments or the private sector. Because the calculation of any increase is formula- driven pursuant to the 2015 Act, EPA has no policy discretion to vary the amount of the adjustment. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have a substantial direct effect on the states, or on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule merely reconciles the real value of current statutory civil penalty levels to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula-driven and prescribed by statute, and EPA has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, this rule will not have a substantial direct effect on tribal governments, 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. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The 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 disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act The rule does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. Rather, this action is mandated by the 2015 Act, which prescribes a formula for adjusting statutory civil penalties on an annual basis to reflect inflation. K. Congressional Review Act (CRA) This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency finds that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 2015 Act directs Federal agencies to publish their annual penalty inflation adjustments ``notwithstanding section 553 [of the APA].'' Because OMB has instructed Federal agencies that this provision means that ``notice, an opportunity for comment, and a delay in the effective date'' are not required for agencies to issue regulations implementing the annual adjustment,\7\ EPA finds that the APA's notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest. --------------------------------------------------------------------------- \7\ See OMB Memorandum M-17-11 at p. 3. --------------------------------------------------------------------------- List of Subjects in 40 CFR Part 19 Environmental protection, Administrative practice and procedure, Penalties. Dated: January 3, 2017. Gina McCarthy, Administrator. For the reasons set out in the preamble, EPA amends title 40, chapter I, part 19 of the Code of Federal Regulations as follows: PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 1. The authority citation for part 19 continues to read as follows: Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599. 0 2. Revise Sec. 19.2 to read as follows: Sec. 19.2 Effective date. The penalty levels in the last column of Table 1 to Sec. 19.4 apply to all violations which occurred after December 6, 2013 through November 2, 2015, and to violations occurring after November 2, 2015, where penalties are assessed before August 1, 2016. The statutory civil penalty levels set forth in the fourth column of Table 2 to Sec. 19.4 apply to all violations which occur after November 2, 2015, where the penalties are assessed on or after August 1, 2016 and before January 15, 2017. The statutory civil penalty levels set forth in the last column of Table 2 to Sec. 19.4 apply to all violations which occur after November 2, 2015, where the penalties are assessed on or after January 15, 2017. 0 3. Amend Sec. 19.4 by revising the introductory text and Table 2 to read as follows: Sec. 19.4 Statutory civil penalties, as adjusted for inflation, and tables. Table 1 to Sec. 19.4 sets out the statutory civil penalty provisions of statutes administered by EPA, with the original statutory civil penalty levels, as enacted, and the operative statutory civil penalty levels, as adjusted for inflation, for violations occurring on or before [[Page 3636]] November 2, 2015, and for violations occurring after November 2, 2015, where penalties are assessed before August 1, 2016. Table 2 sets out the statutory civil penalty provisions of statutes administered by EPA, with the third column displaying the original statutory civil penalty levels, as enacted. The fourth column of Table 2 displays the operative statutory civil penalty levels where penalties are assessed on or after August 1, 2016 but before January 15, 2017, for violations that occurred after November 2, 2015; the last column displays the operative statutory civil penalty levels where penalties are assessed on or after January 15, 2017, for violations that occurred after November 2, 2015. * * * * * Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments ---------------------------------------------------------------------------------------------------------------- Statutory civil penalties for Statutory civil violations that penalties for Statutory civil occurred after violations that U.S. Code citation Environmental penalties, as November 2, 2015 and occurred after statute enacted assessed on or after November 2, 2015 and August 1, 2016 but assessed on or after before January 15, January 15, 2017 2017 ---------------------------------------------------------------------------------------------------------------- 7 U.S.C. 136l.(a)(1)......... Federal $5,000 $18,750 $19,057 Insecticide, Fungicide, and Rodenticide Act (FIFRA). 7 U.S.C. 136l.(a)(2) \1\..... FIFRA.......... $1,000/$500/$1,000 $2,750/$1,772/$2,750 $2,795/$1,801/$2,795 15 U.S.C. 2615(a)(1)......... Toxic $25,000 $37,500 $38,114 Substances Control Act (TSCA). 15 U.S.C. 2647(a)............ TSCA........... $5,000 $10,781 $10,957 15 U.S.C. 2647(g)............ TSCA........... $5,000 $8,908 $9,054 31 U.S.C. 3802(a)(1)......... Program Fraud $5,000 $10,781 $10,957 Civil Remedies Act (PFCRA). 31 U.S.C. 3802(a)(2)......... PFCRA.......... $5,000 $10,781 $10,957 33 U.S.C. 1319(d)............ Clean Water Act $25,000 $51,570 $52,414 (CWA). 33 U.S.C. 1319(g)(2)(A)...... CWA............ $10,000/$25,000 $20,628/$51,570 $20,965/$52,414 33 U.S.C. 1319(g)(2)(B)...... CWA............ $10,000/$125,000 $20,628/$257,848 $20,965/$262,066 33 U.S.C. 1321(b)(6)(B)(i)... CWA............ $10,000/$25,000 $17,816/$44,539 $18,107/$45,268 33 U.S.C. 1321(b)(6)(B)(ii).. CWA............ $10,000/$125,000 $17,816/$222,695 $18,107/$226,338 33 U.S.C. 1321(b)(7)(A)...... CWA............ $25,000/$1,000 $44,539/$1,782 $45,268/$1,811 33 U.S.C. 1321(b)(7)(B)...... CWA............ $25,000 $44,539 $45,268 33 U.S.C. 1321(b)(7)(C)...... CWA............ $25,000 $44,539 $45,268 33 U.S.C. 1321(b)(7)(D)...... CWA............ $100,000/$3,000 $178,156/$5,345 $181,071/$5,432 33 U.S.C. 1414b(d)(1)........ Marine $600 $1,187 $1,206 Protection, Research, and Sanctuaries Act (MPRSA). 33 U.S.C. 1415(a)............ MPRSA.......... $50,000/$125,000 $187,500/$247,336 $190,568/$251,382 33 U.S.C. 1901 note (see Certain Alaskan $10,000/$25,000 $13,669/$34,172 $13,893/$34,731 1409(a)(2)(A)). Cruise Ship Operations (CACSO). 33 U.S.C. 1901 note (see CACSO.......... $10,000/$125,000 $13,669/$170,861 $13,893/$173,656 1409(a)(2)(B)). 33 U.S.C. 1901 note (see CACSO.......... $25,000 $34,172 $34,731 1409(b)(1)). 33 U.S.C. 1908(b)(1)......... Act To Prevent $25,000 $70,117 $71,264 Pollution From Ships (APPS). 33 U.S.C. 1908(b)(2)......... APPS........... $5,000 $14,023 $14,252 42 U.S.C. 300g-3(b).......... Safe Drinking $25,000 $53,907 $54,789 Water Act (SDWA). 42 U.S.C. 300g-3(g)(3)(A).... SDWA........... $25,000 $53,907 $54,789 42 U.S.C. 300g-3(g)(3)(B).... SDWA........... $5,000/$25,000 $10,781/$37,561 $10,957/$38,175 42 U.S.C. 300g-3(g)(3)(C).... SDWA........... $25,000 $37,561 $38,175 42 U.S.C. 300h-2(b)(1)....... SDWA........... $25,000 $53,907 $54,789 42 U.S.C. 300h-2(c)(1)....... SDWA........... $10,000/$125,000 $21,563/$269,535 $21,916/$273,945 42 U.S.C. 300h-2(c)(2)....... SDWA........... $5,000/$125,000 $10,781/$269,535 $10,957/$273,945 42 U.S.C. 300h-3(c).......... SDWA........... $5,000/$10,000 $18,750/$40,000 $19,057/$40,654 42 U.S.C. 300i(b)............ SDWA........... $15,000 $22,537 $22,906 42 U.S.C. 300i-1(c).......... SDWA........... $100,000/$1,000,000 $131,185/$1,311,850 $133,331/$1,333,312 42 U.S.C. 300j(e)(2)......... SDWA........... $2,500 $9,375 $9,528 42 U.S.C. 300j-4(c).......... SDWA........... $25,000 $53,907 $54,789 42 U.S.C. 300j-6(b)(2)....... SDWA........... $25,000 $37,561 $38,175 42 U.S.C. 300j-23(d)......... SDWA........... $5,000/$50,000 $9,893/$98,935 $10,055/$100,554 42 U.S.C. 4852d(b)(5)........ Residential $10,000 $16,773 $17,047 Lead-Based Paint Hazard Reduction Act of 1992. 42 U.S.C. 4910(a)(2)......... Noise Control $10,000 $35,445 $36,025 Act of 1972. 42 U.S.C. 6928(a)(3)......... Resource $25,000 $93,750 $95,284 Conservation and Recovery Act (RCRA). 42 U.S.C. 6928(c)............ RCRA........... $25,000 $56,467 $57,391 42 U.S.C. 6928(g)............ RCRA........... $25,000 $70,117 $71,264 42 U.S.C. 6928(h)(2)......... RCRA........... $25,000 $56,467 $57,391 42 U.S.C. 6934(e)............ RCRA........... $5,000 $14,023 $14,252 42 U.S.C. 6973(b)............ RCRA........... $5,000 $14,023 $14,252 42 U.S.C. 6991e(a)(3)........ RCRA........... $25,000 $56,467 $57,391 42 U.S.C. 6991e(d)(1)........ RCRA........... $10,000 $22,587 $22,957 42 U.S.C. 6991e(d)(2)........ RCRA........... $10,000 $22,587 $22,957 42 U.S.C. 7413(b)............ Clean Air Act $25,000 $93,750 $95,284 (CAA). 42 U.S.C. 7413(d)(1)......... CAA............ $25,000/$200,000 $44,539/$356,312 $45,268/$362,141 42 U.S.C. 7413(d)(3)......... CAA............ $5,000 $8,908 $9,054 42 U.S.C. 7524(a)............ CAA............ $25,000/$2,500 $44,539/$4,454 $45,268/$4,527 42 U.S.C. 7524(c)(1)......... CAA............ $200,000 $356,312 $362,141 42 U.S.C. 7545(d)(1)......... CAA............ $25,000 $44,539 $45,268 42 U.S.C. 9604(e)(5)(B)...... Comprehensive $25,000 $53,907 $54,789 Environmental Response, Compensation, and Liability Act (CERCLA). 42 U.S.C. 9606(b)(1)......... CERCLA......... $25,000 $53,907 $54,789 42 U.S.C. 9609(a)(1)......... CERCLA......... $25,000 $53,907 $54,789 [[Page 3637]] 42 U.S.C. 9609(b)............ CERCLA......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 9609(c)............ CERCLA......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 11045(a)........... Emergency $25,000 $53,907 $54,789 Planning and Community Right-To-Know Act (EPCRA). 42 U.S.C. 11045(b)(1)(A)..... EPCRA.......... $25,000 $53,907 $54,789 42 U.S.C. 11045(b)(2)........ EPCRA.......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 11045(b)(3)........ EPCRA.......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 11045(c)(1)........ EPCRA.......... $25,000 $53,907 $54,789 42 U.S.C. 11045(c)(2)........ EPCRA.......... $10,000 $21,563 $21,916 42 U.S.C. 11045(d)(1)........ EPCRA.......... $25,000 $53,907 $54,789 42 U.S.C. 14304(a)(1)........ Mercury- $10,000 $15,025 $15,271 Containing and Rechargeable Battery Management Act (Battery Act). 42 U.S.C. 14304(g)........... Battery Act.... $10,000 $15,025 $15,271 ---------------------------------------------------------------------------------------------------------------- \1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92-516). [FR Doc. 2017-00160 Filed 1-11-17; 8:45 am] BILLING CODE 6560-50-P
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accordance with this subpart. For the on your behalf in accordance with this your behalf in accordance with this
purposes of this subpart, the terms— section for the following purposes: section for the following purposes:
(1) ‘‘Family’’ means all persons (A) Making handicrafts for personal (i) Making handicrafts for personal
related by blood, marriage, or adoption, use, customary trade, or barter; or use, customary trade, or barter; or
or any person living within the (B) Making handicrafts for qualified (ii) Making handicrafts for qualified
household on a permanent basis; and educational or cultural programs. educational or cultural programs.
(2) ‘‘Barter’’ means the exchange of (ii) The designated collector must (2) The designated collector must
handicrafts or fish or wildlife or their obtain a permit from the obtain a permit from the
parts taken for subsistence uses— superintendent. The designated superintendent. The designated
(i) For other fish or game or their collector may not charge the recipient collector may not charge the recipient
parts; or for his/her services or for the collected for his/her services or for the collected
(ii) For other food or for nonedible items. items.
items other than money if the exchange (4) The use of paid employees to (e) The superintendent may establish
is of a limited and noncommercial collect animal parts is prohibited. This conditions, limits, and other restrictions
nature; and prohibition does not apply to qualified on gathering activities. Violating a
(3) ‘‘Customary trade’’ means the educational or cultural programs that condition, limit, or restriction is
exchange of handicrafts or furs for cash collect animal parts to create prohibited.
to support personal or family needs; and handicrafts, provided that the resulting * * * * *
does not include trade which handicrafts are not exchanged through
■ 7. Amend § 13.1902 by adding
constitutes a significant commercial barter or customary trade.
(b) The superintendent may establish paragraph (d) to read as follows:
enterprise.
■ 4. Amend § 13.480 by: conditions, limits, and other restrictions § 13.1902 Subsistence.
■ a. Designating the undesignated on collection activities. Areas open to * * * * *
paragraph as paragraph (a). collections will be identified on a map (d) Use of bait for taking bears. (1)
■ b. Adding paragraph (b). posted on the park Web site and The superintendent may issue
The addition reads as follows: available at the park visitor center or individual, annual permits allowing the
park headquarters. Violating a use of human-produced food items as
§ 13.480 Subsistence hunting and condition, limit, or restriction is
trapping. bait for taking bears upon a finding that:
prohibited. (i) Such use is compatible with the
* * * * * ■ 6. Amend § 13.485 by: purposes and values for which the area
(b)(1) The following types of bait may ■ a. Revising paragraph (b); was established (e.g. does not create a
be used to take bears for subsistence ■ b. Redesignating paragraph (c) as user conflict); and
uses: paragraph (f); and (ii) The permit applicant does not
(i) Parts of legally taken native fish or ■ c. Adding paragraphs (c), (d), and (e). have reasonable access to natural bait
wildlife that are not required to be The revision and additions read as that may be used under § 13.480(b)(1).
salvaged; or follows: (2) Permits will identify specific
(ii) Remains of native fish or wildlife
§ 13.485 Subsistence use of timber and locations within the park area where the
that died of natural causes.
plant material. bait station may be established and will
(2) The use of any other type of bait
* * * * * not include areas where the use of such
to take bears for subsistence uses is
(b) The gathering by local rural materials could create a user conflict.
prohibited except under the terms and
conditions of a permit issued under residents of fruits, berries, mushrooms, Dated: December 29, 2016.
paragraph (d) of § 13.1902. and other plant materials for subsistence Michael Bean,
■ 5. Add § 13.482 to read as follows: uses, and the gathering of dead or Principal Deputy Assistant Secretary for Fish
downed timber for firewood for and Wildlife and Parks.
§ 13.482 Subsistence collection and use of noncommercial subsistence uses, shall [FR Doc. 2016–32045 Filed 1–11–17; 8:45 am]
animal parts. be allowed without a permit in park BILLING CODE 4312–52–P
(a) Local rural residents may collect areas where subsistence uses are
animal parts (excluding parts of allowed.
threatened or endangered species) for (c) The gathering by local rural ENVIRONMENTAL PROTECTION
subsistence uses in park areas where residents of plant materials to make AGENCY
subsistence uses are authorized, handicrafts for customary trade or barter
provided that: is authorized in park areas where 40 CFR Part 19
(1) The resident’s primary permanent subsistence uses are allowed in
residence is in an area or community accordance with terms and conditions [FRL–9958–06–OECA]
with a federally recognized customary established by the superintendent and
Civil Monetary Penalty Inflation
and traditional use determination for posted on the park Web site. The use of
Adjustment Rule
the species in the game management paid employees to collect plant
unit where the collecting occurs (50 materials is prohibited. This prohibition AGENCY: Environmental Protection
CFR part 100); and does not apply to qualified educational Agency (EPA).
(2) The resident has written or cultural programs that collect plant ACTION: Final rule.
authorization from the superintendent materials to create handicrafts, provided
mstockstill on DSK3G9T082PROD with RULES
issued under § 1.6 of this chapter that that the resulting handicrafts are not SUMMARY: The Environmental Protection
identifies specific areas where this exchanged through barter or customary Agency (EPA) is promulgating this final
activity is allowed. trade. rule to adjust the level of statutory civil
(3)(i) If you are a NPS-qualified (d)(1) If you are a NPS-qualified monetary penalty amounts under the
subsistence user (recipient), you may subsistence (recipient), you may statutes EPA administers. This action is
designate another NPS-qualified designate another NPS-qualified mandated by the Federal Civil Penalties
subsistence user to collect animal parts subsistence user to collect plants on Inflation Adjustment Act of 1990, as
VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1](https://thefederalregister.org/doc/82_FR_3641/page/1.svg)
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amended through the Federal Civil penalties with an initial ‘‘catch-up’’ statutory civil penalties consists of the
Penalties Inflation Adjustment Act adjustment through an interim final following steps:
Improvements Act of 2015 (‘‘the 2015 rulemaking; and (2) beginning January Step 1: The cost-of-living adjustment
Act’’). The 2015 Act prescribes a 15, 2017, make subsequent annual multiplier for 2017, based on the CPI–
formula for annually adjusting statutory adjustments for inflation. The purpose U of October 2016, is 1.01636.4 Multiply
civil penalties to reflect inflation, of the 2015 Act is to maintain the 1.01636 by the current penalty amount.
maintain the deterrent effect of statutory deterrent effect of civil penalties by This is the raw adjusted penalty value.
civil penalties, and promote compliance translating originally enacted statutory Step 2: Round the raw adjusted
with the law. The rule does not civil penalty amounts to today’s dollars penalty value. Section 5 of the 2015 Act
necessarily revise the penalty amounts and rounding statutory civil penalties to states that any adjustment shall be
that EPA chooses to seek pursuant to its the nearest dollar. rounded to the nearest multiple of $1.
civil penalty policies in a particular As required by the 2015 Act, EPA The result is the final penalty value for
case. EPA’s civil penalty policies, which issued a catch up rule on July 1, 2016, the year.
guide enforcement personnel in how to which was effective August 1, 2016 (81
exercise EPA’s statutory penalty FR 43091). This rule implements the II. The 2015 Act Requires Federal
authorities, take into account a number annual penalty inflation adjustments Agencies To Publish Annual Penalty
of fact-specific considerations, e.g., the mandated by the 2015 Act. Beginning in Inflation Adjustments Notwithstanding
seriousness of the violation, the 2017, Section 4 of the 2015 Act requires Section 553 of the Administrative
violator’s good faith efforts to comply, each federal agency to publish annual Procedures Act
any economic benefit gained by the adjustments to all civil penalties under Section 4 of the 2015 Act directs
violator as a result of its noncompliance, the laws implemented by that agency. federal agencies to publish annual
and a violator’s ability to pay. These annual adjustments are required adjustments no later than January 15,
DATES: This final rule is effective on to be published by January 15 of each 2017. In accordance with section 553 of
January 15, 2017. year. The 2015 Act describes the the Administrative Procedures Act
FOR FURTHER INFORMATION CONTACT: method for calculating the adjustments. (APA), most rules are subject to notice
David Smith-Watts, Office of Civil Each statutory maximum civil monetary and comment and are effective no
Enforcement, Office of Enforcement and penalty is multiplied by the cost-of- earlier than 30 days after publication in
Compliance Assurance, Mail Code living adjustment, which is the the Federal Register. However, Section
2241A, Environmental Protection percentage by which the Consumer 4(b)(2) of the 2015 Act provides that
Agency, 1200 Pennsylvania Avenue Price Index for all Urban Consumers each agency shall make the annual
NW., Washington, DC 20460, telephone (CPI–U) for the month of October 2016 inflation adjustments ‘‘notwithstanding
number: (202) 564–4083; smith- exceeds the CPI–U for the month of section 553’’ of the APA. According to
watts.david@epa.gov. October 2015. OMB guidance issued to Federal
With this rule, the new statutory agencies on the implementation of the
SUPPLEMENTARY INFORMATION:
maximum (or minimum 3) penalty levels 2017 annual adjustment,5 the phrase
I. Background listed in Table 2 to 40 CFR 19.4 will ‘‘notwithstanding section 553’’ means
Since 1990, Federal agencies have apply to all statutory civil penalties that ‘‘the public procedure the APA
been required to issue regulations assessed on or after January 15, 2017, for generally provides—notice, an
adjusting for inflation the statutory civil violations that occurred after November opportunity for comment, and a delay in
penalties 1 that can be imposed under 2, 2015, when the 2015 Act was effective date—is not required for
the laws administered by that agency. enacted. The statutory civil penalty agencies to issue regulations
The Federal Civil Penalties Inflation levels, as codified at Table 1 to 40 CFR implementing the annual adjustment.’’
Adjustment Act of 1990, as amended by 19.4, will continue to apply to: (1)
Consistent with the language of the 2015
the Debt Collection Improvement Act of Violations that occurred on or before
Act and OMB’s implementation
1996 (DCIA), required agencies to November 2, 2015, and (2) violations
guidance, this rule is not subject to
review their statutory civil penalties that occurred after November 2, 2015,
notice and an opportunity for public
every 4 years, and to adjust the statutory where the penalty assessment was made
comment and will be effective
civil penalty amounts for inflation if the prior to August 1, 2016.
immediately upon publication.
increase met the DCIA’s adjustment The formula for determining the cost-
methodology. In accordance with the of-living or inflation adjustment to III. Statutory and Executive Order
DCIA, EPA reviewed and, as Reviews
L. 114–74) was signed into law on Nov. 2, 2015, and
appropriate, adjusted the civil penalty further amended the Federal Civil Penalties A. Executive Order 12866: Regulatory
levels under each of the statutes the Inflation Adjustment Act of 1990. Planning and Review and Executive
agency implements in 1996 (61 FR 3 Under Section 3(2)(A) of the 2015 Act, ‘‘civil
Order 13563: Improving Regulation and
69360), 2004 (69 FR 7121), 2008 (73 FR monetary penalty’’ means ‘‘a specific monetary Regulatory Review
75340), and 2013 (78 FR 66643). amount as provided by Federal law’’; or ‘‘has a
The 2015 Act 2 requires agencies to: maximum amount provided for by Federal law.’’ Under Executive Order 12866, OMB
EPA-administered statutes generally refer to determined this final rule to be a ‘‘non-
(1) Adjust the level of statutory civil statutory maximum penalties, with the following
exceptions: Section 311(b)(7)(D) of the Clean Water significant’’ regulatory action and,
1 The Federal Civil Penalties Inflation Adjustment Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum therefore, it did not undergo interagency
Act of 1990, Public Law 101–410, 28 U.S.C. 2461 penalty of ‘‘not less than $100,000 . . .’’; Section review.6
note, defines ‘‘civil monetary penalty’’ as ‘‘any 104B(d)(1) of the Marine Protection, Research, and
mstockstill on DSK3G9T082PROD with RULES
penalty, fine, or other sanction that—(A)(i) is for a Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an
4 Office of Management and Budget
specific monetary amount as provided by Federal exact penalty of $600 ‘‘[f]or each dry ton (or
law; or (ii) has a maximum amount provided for by equivalent) of sewage sludge or industrial waste Memorandum, Implementation of the 2017 annual
Federal law; and (B) is assessed or enforced by an dumped or transported by the person in violation adjustment pursuant to the Federal Civil Penalties
agency pursuant to Federal law; and (C) is assessed of this subsection in calendar year 1992. . .’’; and Inflation Adjustment Act Improvements Act of 2015
or enforced pursuant to an administrative Section 325(d)(1) of the Emergency Planning and (OMB Memorandum M–17–11) at p. 1 (December
proceeding or a civil action in the Federal courts.’’ Community Right-to-Know Act, 42 U.S.C. 16, 2016).
5 See OMB Memorandum M–17–11 at p. 3.
2 The Federal Civil Penalties Inflation Adjustment 11045(d)(1), refers to an exact civil penalty of
Act Improvements Act of 2015 (Section 701 of Pub. $25,000 for each frivolous trade secret claim. 6 See OMB Memorandum M–17–11 at p. 3.
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![Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3635
B. Paperwork Reduction Act (PRA) the relationship between the Federal agencies to issue regulations
This action does not impose an government and Indian tribes, or on the implementing the annual adjustment,7
information collection burden under the distribution of power and EPA finds that the APA’s notice and
PRA. This rule merely increases the responsibilities between the Federal comment rulemaking procedures are
level of statutory civil penalties that government and Indian tribes. impracticable, unnecessary or contrary
could be imposed in the context of a to the public interest.
G. Executive Order 13045: Protection of
Federal civil administrative Children From Environmental Health List of Subjects in 40 CFR Part 19
enforcement action or civil judicial case Risks and Safety Risks
for violations of EPA-administered Environmental protection,
statutes and their implementing The EPA interprets Executive Order Administrative practice and procedure,
regulations. 13045 as applying only to those Penalties.
regulatory actions that concern Dated: January 3, 2017.
C. Regulatory Flexibility Act (RFA) environmental health or safety risks that Gina McCarthy,
This action is not subject to the RFA. EPA has reason to believe may Administrator.
The RFA applies only to rules subject to disproportionately affect children, per
the definition of ‘‘covered regulatory For the reasons set out in the
notice and comment rulemaking
action’’ in section 2–202 of the preamble, EPA amends title 40, chapter
requirements under the APA, 5 U.S.C.
Executive Order. This action is not I, part 19 of the Code of Federal
553, or any other statute. Because the
subject to Executive Order 13045 Regulations as follows:
2015 Act directs Federal agencies to
publish this rule notwithstanding because it does not concern an
PART 19—ADJUSTMENT OF CIVIL
section 553 of the APA, this rule is not environmental health risk or safety risk.
MONETARY PENALTIES FOR
subject to notice and comment H. Executive Order 13211: Actions That INFLATION
requirements or the RFA. Significantly Affect Energy Supply,
D. Unfunded Mandates Reform Act Distribution, or Use ■ 1. The authority citation for part 19
(UMRA) continues to read as follows:
This action is not subject to Executive
Order 13211 because it is not a Authority: Pub. L. 101–410, Oct. 5, 1990,
This action does not contain any
104 Stat. 890, as amended by Pub. L. 104–
unfunded mandate as described in significant regulatory action under 134, title III, sec. 31001(s)(1), Apr. 26, 1996,
UMRA, 2 U.S.C. 1531–1538, and does Executive Order 12866. 110 Stat. 1321–373; Pub. L. 105–362, title
not significantly or uniquely affect small XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat.
I. National Technology Transfer and
governments. This action is required by 3293; Pub. L. 114–74, title VII, sec. 701(b),
Advancement Act
the 2015 Act, without the exercise of Nov. 2, 2015, 129 Stat. 599.
any policy discretion by EPA. This The rule does not involve technical ■ 2. Revise § 19.2 to read as follows:
action also imposes no enforceable duty standards.
on any state, local or tribal governments § 19.2 Effective date.
J. Executive Order 12898: Federal
or the private sector. Because the The penalty levels in the last column
Actions To Address Environmental
calculation of any increase is formula- of Table 1 to § 19.4 apply to all
Justice in Minority Populations and
driven pursuant to the 2015 Act, EPA violations which occurred after
Low-Income Populations
has no policy discretion to vary the December 6, 2013 through November 2,
amount of the adjustment. The EPA believes that this action is 2015, and to violations occurring after
not subject to Executive Order 12898 (59 November 2, 2015, where penalties are
E. Executive Order 13132: Federalism FR 7629, February 16, 1994) because it assessed before August 1, 2016. The
This action does not have federalism does not establish an environmental statutory civil penalty levels set forth in
implications. It will not have a health or safety standard. Rather, this the fourth column of Table 2 to § 19.4
substantial direct effect on the states, or action is mandated by the 2015 Act, apply to all violations which occur after
on the relationship between the national which prescribes a formula for adjusting November 2, 2015, where the penalties
government and the states, or on the statutory civil penalties on an annual are assessed on or after August 1, 2016
distribution of power and basis to reflect inflation. and before January 15, 2017. The
responsibilities among the various statutory civil penalty levels set forth in
K. Congressional Review Act (CRA)
levels of government. the last column of Table 2 to § 19.4
This action is subject to the CRA, and apply to all violations which occur after
F. Executive Order 13175: Consultation EPA will submit a rule report to each
and Coordination With Indian Tribal November 2, 2015, where the penalties
House of the Congress and to the are assessed on or after January 15,
Governments Comptroller General of the United 2017.
This action does not have tribal States. The CRA allows the issuing ■ 3. Amend § 19.4 by revising the
implications as specified in Executive agency to make a rule effective sooner introductory text and Table 2 to read as
Order 13175. This rule merely than otherwise provided by the CRA if follows:
reconciles the real value of current the agency finds that notice and
statutory civil penalty levels to reflect comment rulemaking procedures are § 19.4 Statutory civil penalties, as adjusted
and keep pace with the levels originally impracticable, unnecessary or contrary for inflation, and tables.
set by Congress when the statutes were to the public interest (5 U.S.C. 808(2)). Table 1 to § 19.4 sets out the statutory
enacted. The calculation of the increases The 2015 Act directs Federal agencies to civil penalty provisions of statutes
mstockstill on DSK3G9T082PROD with RULES
is formula-driven and prescribed by publish their annual penalty inflation administered by EPA, with the original
statute, and EPA has no discretion to adjustments ‘‘notwithstanding section statutory civil penalty levels, as enacted,
vary the amount of the adjustment to 553 [of the APA].’’ Because OMB has and the operative statutory civil penalty
reflect any views or suggestions instructed Federal agencies that this levels, as adjusted for inflation, for
provided by commenters. Accordingly, provision means that ‘‘notice, an violations occurring on or before
this rule will not have a substantial opportunity for comment, and a delay in
direct effect on tribal governments, on the effective date’’ are not required for 7 See OMB Memorandum M–17–11 at p. 3.
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![Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3637
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil pen- Statutory civil pen-
alties for violations alties for violations
that occurred after that occurred after
Statutory civil pen- November 2, 2015
U.S. Code citation Environmental statute November 2, 2015
alties, as enacted and assessed on or and assessed on or
after August 1, 2016 after January 15,
but before January 2017
15, 2017
42 U.S.C. 9609(b) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 9609(c) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(a) ........................................ Emergency Planning and Community Right- $25,000 $53,907 $54,789
To-Know Act (EPCRA).
42 U.S.C. 11045(b)(1)(A) .............................. EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 11045(b)(2) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(b)(3) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(c)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 11045(c)(2) ................................... EPCRA .......................................................... $10,000 $21,563 $21,916
42 U.S.C. 11045(d)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789
42 U.S.C. 14304(a)(1) ................................... Mercury-Containing and Rechargeable Bat- $10,000 $15,025 $15,271
tery Management Act (Battery Act).
42 U.S.C. 14304(g) ........................................ Battery Act .................................................... $10,000 $15,025 $15,271
1 Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum
civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).
[FR Doc. 2017–00160 Filed 1–11–17; 8:45 am] infrastructure SIP submission, provided Notarianni can be reached via electronic
BILLING CODE 6560–50–P to EPA on April 23, 2013, satisfy certain mail at notarianni.michele@epa.gov or
required infrastructure elements for the via telephone at (404) 562–9031.
2010 1-hour SO2 NAAQS. SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION DATES: This rule will be effective
AGENCY I. Background and Overview
February 13, 2017.
On June 2, 2010 (75 FR 35520, June
40 CFR Part 52 ADDRESSES: EPA has established a
22, 2010), EPA revised the primary SO2
docket for this action under Docket NAAQS to an hourly standard of 75
[EPA–R04–OAR–2014–0431; FRL–9957–93– Identification No. EPA–R04–OAR– parts per billion (ppb) based on a 3-year
Region 4] 2014–0431. All documents in the docket average of the annual 99th percentile of
are listed on the www.regulations.gov 1-hour daily maximum concentrations.
Approval and Promulgation of Web site. Although listed in the index,
Implementation Plans; Alabama; Pursuant to section 110(a)(1) of the
some information is not publicly CAA, states are required to submit SIPs
Infrastructure Requirements or the available, i.e., Confidential Business
2010 Sulfur Dioxide National Ambient meeting the applicable requirements of
Information or other information whose section 110(a)(2) within three years after
Air Quality Standard disclosure is restricted by statute. promulgation of a new or revised
AGENCY: Environmental Protection Certain other material, such as NAAQS or within such shorter period
Agency (EPA). copyrighted material, is not placed on as EPA may prescribe. Section 110(a)(2)
the Internet and will be publicly requires states to address basic SIP
ACTION: Final rule.
available only in hard copy form. elements such as requirements for
SUMMARY: The Environmental Protection Publicly available docket materials are monitoring, basic program requirements
Agency (EPA) is taking final action to available either electronically through and legal authority that are designed to
approve in part and disapprove in part www.regulations.gov or in hard copy at assure attainment and maintenance of
portions of the April 23, 2013, State the Air Regulatory Management Section, the NAAQS. States were required to
Implementation Plan (SIP) submission, Air Planning and Implementation submit such SIPs for the 2010 1-hour
submitted by the State of Alabama, Branch, Air, Pesticides and Toxics SO2 NAAQS to EPA no later than June
through the Alabama Department of Management Division, U.S. 2, 2013.
Environmental Management (ADEM), Environmental Protection Agency, EPA is taking final action to approve
for inclusion into the Alabama SIP. This Region 4, 61 Forsyth Street SW., Alabama’s April 23, 2013, submission
final action pertains to the infrastructure Atlanta, Georgia 30303–8960. EPA that addresses the infrastructure
requirements of the Clean Air Act (CAA requests that if at all possible, you requirements of CAA sections 110(a)(1)
or Act) for the 2010 1-hour sulfur contact the person listed in the FOR and 110(a)(2) for the 2010 1-hour SO2
dioxide (SO2) national ambient air FURTHER INFORMATION CONTACT section to NAAQS, with the exception of interstate
quality standard (NAAQS). The CAA schedule your inspection. The Regional transport provisions pertaining to
requires that each state adopt and Office’s official hours of business are visibility protection requirements of
submit a SIP for the implementation, Monday through Friday, 8:30 a.m. to section 110(a)(2)(D)(i)(II) (prong 4) and
maintenance and enforcement of each 4:30 p.m., excluding federal holidays. the state board requirements of section
NAAQS promulgated by EPA, which is FOR FURTHER INFORMATION CONTACT: 110(a)(2)(E)(ii). With respect to the
mstockstill on DSK3G9T082PROD with RULES
commonly referred to as an Michele Notarianni, Air Regulatory visibility protection requirements of
‘‘infrastructure SIP submission.’’ ADEM Management Section, Air Planning and section 110(a)(2)(D)(i)(II) (prong 4), EPA
certified that the Alabama SIP contains Implementation Branch, Air, Pesticides is not finalizing any action at this time
provisions that ensure the 2010 1-hour and Toxics Management Division, U.S. regarding this requirement. With respect
SO2 NAAQS is implemented, enforced, Environmental Protection Agency, to Alabama’s infrastructure SIP
and maintained in Alabama. EPA has Region 4, 61 Forsyth Street, SW., submission related to section
determined that portions of Alabama’s Atlanta, Georgia 30303–8960. Ms. 110(a)(2)(E)(ii) requirements respecting
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Document Created: 2017-03-21 14:40:33
Document Modified: 2017-03-21 14:40:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on January 15, 2017. | |
| Contact | David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number: (202) 564-4083; smith- [email protected] | |
| FR Citation | 82 FR 3633 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure and Penalties |
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