82 FR 9136 - Civil Penalty Inflation Adjustment
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental Enforcement Federal Register Volume 82, Issue 22 (February 3, 2017)
Bureau of Safety and Environmental Enforcement
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9136-9138 | |
| FR Document | 2017-02326 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Rules and Regulations] [Pages 9136-9138] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02326] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE-2017-0001; 17XE1700DX EX1SF0000.DAQ000 EEEE50000] RIN 1014-AA34 Civil Penalty Inflation Adjustment AGENCY: Bureau of Safety and Environmental Enforcement, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule adjusts the level of the maximum civil monetary penalty contained in the Bureau of Safety and Environmental Enforcement (BSEE) regulations pursuant to the Outer Continental Shelf Lands Act (OCSLA), the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and Office of Management and Budget (OMB) guidance. The civil penalty inflation adjustment using a 1.01636 multiplier accounts for one year of inflation spanning from October 2015 to October 2016. DATES: This rule is effective on February 3, 2017. FOR FURTHER INFORMATION CONTACT: Robert Fisher, Acting Chief Safety and Enforcement Division, Bureau of Safety and Environmental Enforcement, (202) 208-3955 or by email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Legal Authority II. Calculation of Adjustments III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) B. Regulatory Flexibility Act C. Small Business Regulatory Enforcement Fairness Act D. Unfunded Mandates Reform Act E. Takings (E.O. 12630) F. Federalism (E.O. 13132) G. Civil Justice Reform (E.O. 12988) H. Consultation with Indian Tribes (E.O. 13175 and Departmental Policy) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on the Energy Supply (E.O. 13211) I. Background and Legal Authority The OCSLA, at 43 U.S.C. 1350(b)(1), directs the Secretary of the Interior to adjust the OCSLA maximum civil penalty amount at least once every three years to reflect any increase in the Consumer Price Index to account for inflation. On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (FCPIA of 2015). The FCPIA of 2015 requires Federal agencies to adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through rulemaking, if warranted, and then to make subsequent annual adjustments for inflation. Agencies are required to publish the annual inflation adjustments in the Federal Register by no later than January 15, 2017, and by no later than January 15 each subsequent year. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes. BSEE last updated civil penalty amounts in BSEE regulations through RIN 1014-AA30 [81 FR 41801] effective July 28, 2016. Consistent with OMB guidance, BSEE's interim final rule (IFR) implemented the catch-up adjustments required by the FCPIA of 2015, through October 2015. No public comments were received on the IFR, and BSEE published the final rule on November 17, 2016 [81 FR 80994]. The OMB Memorandum M-17-11 (Implementation of the 2017 annual adjustment pursuant to the FCPIA of 2015; https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf) explains agency responsibilities for: Identifying applicable penalties and performing the annual adjustment; publishing in the Federal Register; finalizing 2016 interim final rules; applying adjusted penalty levels; and performing agency oversight of inflation adjustments. BSEE is promulgating this 2017 inflation adjustment for civil penalties as a final rule pursuant to the provisions of the FCPIA of 2015 and OMB guidance. A proposed rule is not required because the FCPIA of 2015 states that agencies shall adjust civil monetary penalties ``notwithstanding Section 553 of the Administrative Procedure Act.'' (FCPIA of 2015 at Sec. 4(b)(2)). Accordingly, Congress expressly exempted the annual inflation adjustments implemented pursuant to the FCPIA of 2015 from the pre-promulgation notice and comment requirements of the Administrative Procedure Act (APA), allowing them to be published as a final rule. This interpretation of the statute is confirmed by OMB Memorandum M-17-11. (OMB Memorandum M- 17-11 at 3 (``This means that the public procedure the APA generally requires--notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'')). II. Calculation of Adjustments Under the FCPIA of 2015 and the guidance provided in OMB Memorandum M-17-11, BSEE has identified the applicable civil monetary penalty and calculated the necessary inflation adjustment. The previous OCSLA civil penalty inflation adjustment accounted for inflation through October 2015. The required annual civil penalty inflation adjustment promulgated through this rule accounts for inflation through October 2016. Annual inflation adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the October preceding the date of the adjustment, and the prior year's October CPI-U. Consistent with the guidance in OMB Memorandum M-17-11, BSEE divided the October 2016 CPI-U by the October 2015 CPI-U to calculate the multiplying factor. In this case, October 2016 CPI-U (241.729)/October 2015 CPI-U (237.838) = 1.01636. For 2017, OCSLA and the FCPIA of 2015 require that BSEE adjust the OCSLA maximum civil penalty amount. To accomplish this, BSEE multiplied the existing OCSLA maximum civil penalty amount ($42,017) by the multiplying factor ($42,017 x 1.01636 = $42,704.40). The FCPIA of 2015 requires that the OCSLA maximum civil penalty amount be rounded to the nearest $1.00 at the end of the calculation process. Accordingly, the adjusted OCSLA maximum civil penalty is $42,704. Pursuant to the FCPIA of 2015, the increase in the OCSLA maximum civil penalty amount applies to civil penalties assessed after the date the increase takes effect, even when the associated violation(s) predates such increase. Consistent with the provisions of OCSLA and the FCPIA of 2015, this rule adjusts the following maximum civil monetary penalty per day per violation: [[Page 9137]] ---------------------------------------------------------------------------------------------------------------- Current Adjusted CFR citation Description of the penalty maximum Multiplier maximum penalty penalty ---------------------------------------------------------------------------------------------------------------- 30 CFR 250.1403.................... Failure to comply per-day, $42,017 1.01636 $42,704 per-violation. ---------------------------------------------------------------------------------------------------------------- III. Procedural Requirements A. Regulatory Planning and Review (E.O. 12866 and 13563) Executive Order (E.O.) 12866 provides that the OMB Office of Information and Regulatory Affairs will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. (See OMB Memorandum M-17-11 at 3). E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 further emphasizes that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements, to the extent permitted by statute. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) requires an agency to prepare a regulatory flexibility analysis for all rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. (See 5 U.S.C. 603(a) and 604(a)). The FCPIA of 2015 expressly exempts these annual inflation adjustments from the requirement to publish a proposed rule for notice and comment. (See FCPIA of 2015 at Sec. 4(b)(2); OMB Memorandum M-17-11 at 3). Thus, the RFA does not apply to this rulemaking. C. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (1) Does not have an annual effect on the economy of $100 million or more. (2) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (3) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. D. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. Therefore, a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. E. Takings (E.O. 12630) This rule does not affect a taking of private property or otherwise have takings implications under E.O. 12630. Therefore, a takings implication assessment is not required. F. Federalism (E.O. 13132) Under the criteria in section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Therefore, a federalism summary impact statement is not required. G. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of E.O. 12988. Specifically, this rule: (1) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (2) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. H. Consultation With Indian Tribes (E.O. 13175 and Departmental Policy) The Department of the Interior strives to strengthen its government-to-government relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department of the Interior's consultation policy, under Departmental Manual Part 512 Chapters 4 and 5, and under the criteria in E.O. 13175. We have determined that it has no substantial direct effects on Federally-recognized Indian tribes or Alaska Native Claims Settlement Act (ANCSA) Corporations, and that consultation under the Department of the Interior's tribal and ANCSA consultation policies is not required. I. Paperwork Reduction Act This rule does not contain information collection requirements, and a submission to the OMB under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is not required. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. J. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because the rule is covered by a categorical exclusion (see 43 CFR 46.210(i)). This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of an administrative nature. We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in E.O. 13211. Therefore, a Statement of Energy Effects is not required. List of Subjects in 30 CFR Part 250 Administrative practice and procedure, Continental shelf, Environmental impact statements, Environmental protection, Government contracts, Incorporation by reference, Investigations, Oil and gas exploration, Penalties, Pipelines, Continental Shelf--mineral resources, Continental Shelf-- [[Page 9138]] rights-of-way, Reporting and recordkeeping requirements, Sulfur. For the reasons given in the preamble, the Bureau of Safety and Environmental Enforcement amends Title 30, Chapter II, Subchapter B, Part 250 Code of Federal Regulations as follows. PART 250--OIL AND GAS AND SULFUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 0 1. The authority citation for part 250 continues to read as follows: Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, 33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334. 0 2. Revise Sec. 250.1403 to read as follows: Sec. 250.1403 What is the maximum civil penalty? The maximum civil penalty is $42,704 per day per violation. Richard T. Cardinale, Acting Assistant Secretary for Land and Minerals Management. [FR Doc. 2017-02326 Filed 2-2-17; 8:45 am] BILLING CODE 4310-MR-P
![9136 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
Dated: January 13, 2017. adjust the OCSLA maximum civil be published as a final rule. This
Loretta E. Lynch, penalty amount at least once every three interpretation of the statute is confirmed
Attorney General. years to reflect any increase in the by OMB Memorandum M–17–11. (OMB
[FR Doc. 2017–01306 Filed 2–2–17; 8:45 am] Consumer Price Index to account for Memorandum M–17–11 at 3 (‘‘This
BILLING CODE 4410–19–P inflation. On November 2, 2015, the means that the public procedure the
President signed into law the Federal APA generally requires—notice, an
Civil Penalties Inflation Adjustment Act opportunity for comment, and a delay in
DEPARTMENT OF THE INTERIOR Improvements Act of 2015 (Sec. 701 of effective date—is not required for
Pub. L. 114–74) (FCPIA of 2015). The agencies to issue regulations
Bureau of Safety and Environmental FCPIA of 2015 requires Federal agencies implementing the annual
Enforcement to adjust the level of civil monetary adjustment.’’)).
penalties with an initial ‘‘catch-up’’
30 CFR Part 250 adjustment through rulemaking, if II. Calculation of Adjustments
warranted, and then to make subsequent
[Docket ID: BSEE–2017–0001; 17XE1700DX Under the FCPIA of 2015 and the
EX1SF0000.DAQ000 EEEE50000] annual adjustments for inflation.
guidance provided in OMB
Agencies are required to publish the
RIN 1014–AA34 Memorandum M–17–11, BSEE has
annual inflation adjustments in the
Federal Register by no later than identified the applicable civil monetary
Civil Penalty Inflation Adjustment January 15, 2017, and by no later than penalty and calculated the necessary
January 15 each subsequent year. The inflation adjustment. The previous
AGENCY: Bureau of Safety and
purpose of these adjustments is to OCSLA civil penalty inflation
Environmental Enforcement, Interior.
maintain the deterrent effect of civil adjustment accounted for inflation
ACTION: Final rule.
penalties and to further the policy goals through October 2015. The required
SUMMARY: This final rule adjusts the of the underlying statutes. annual civil penalty inflation
level of the maximum civil monetary BSEE last updated civil penalty adjustment promulgated through this
penalty contained in the Bureau of amounts in BSEE regulations through rule accounts for inflation through
Safety and Environmental Enforcement RIN 1014–AA30 [81 FR 41801] effective October 2016.
(BSEE) regulations pursuant to the July 28, 2016. Consistent with OMB Annual inflation adjustments are
Outer Continental Shelf Lands Act guidance, BSEE’s interim final rule (IFR) based on the percent change between
(OCSLA), the Federal Civil Penalties implemented the catch-up adjustments the Consumer Price Index for all Urban
Inflation Adjustment Act Improvements required by the FCPIA of 2015, through Consumers (CPI–U) for the October
Act of 2015, and Office of Management October 2015. No public comments preceding the date of the adjustment,
and Budget (OMB) guidance. The civil were received on the IFR, and BSEE and the prior year’s October CPI–U.
penalty inflation adjustment using a published the final rule on November Consistent with the guidance in OMB
1.01636 multiplier accounts for one year 17, 2016 [81 FR 80994]. Memorandum M–17–11, BSEE divided
of inflation spanning from October 2015 The OMB Memorandum M–17–11 the October 2016 CPI–U by the October
to October 2016. (Implementation of the 2017 annual 2015 CPI–U to calculate the multiplying
DATES: This rule is effective on February adjustment pursuant to the FCPIA of factor. In this case, October 2016 CPI–
3, 2017. 2015; https://www.whitehouse.gov/sites/ U (241.729)/October 2015 CPI–U
FOR FURTHER INFORMATION CONTACT: default/files/omb/memoranda/2017/m- (237.838) = 1.01636.
Robert Fisher, Acting Chief Safety and 17-11_0.pdf) explains agency
Enforcement Division, Bureau of Safety For 2017, OCSLA and the FCPIA of
responsibilities for: Identifying
and Environmental Enforcement, (202) 2015 require that BSEE adjust the
applicable penalties and performing the
208–3955 or by email: regs@bsee.gov. OCSLA maximum civil penalty amount.
annual adjustment; publishing in the
To accomplish this, BSEE multiplied
SUPPLEMENTARY INFORMATION: Federal Register; finalizing 2016
the existing OCSLA maximum civil
I. Background and Legal Authority interim final rules; applying adjusted
penalty amount ($42,017) by the
II. Calculation of Adjustments penalty levels; and performing agency
multiplying factor ($42,017 × 1.01636 =
III. Procedural Requirements oversight of inflation adjustments.
A. Regulatory Planning and Review (E.O. $42,704.40). The FCPIA of 2015 requires
BSEE is promulgating this 2017
12866 and 13563) that the OCSLA maximum civil penalty
inflation adjustment for civil penalties
B. Regulatory Flexibility Act amount be rounded to the nearest $1.00
as a final rule pursuant to the provisions
C. Small Business Regulatory Enforcement at the end of the calculation process.
Fairness Act
of the FCPIA of 2015 and OMB
guidance. A proposed rule is not Accordingly, the adjusted OCSLA
D. Unfunded Mandates Reform Act maximum civil penalty is $42,704.
E. Takings (E.O. 12630) required because the FCPIA of 2015
F. Federalism (E.O. 13132) states that agencies shall adjust civil Pursuant to the FCPIA of 2015, the
G. Civil Justice Reform (E.O. 12988) monetary penalties ‘‘notwithstanding increase in the OCSLA maximum civil
H. Consultation with Indian Tribes (E.O. Section 553 of the Administrative penalty amount applies to civil
13175 and Departmental Policy) Procedure Act.’’ (FCPIA of 2015 at penalties assessed after the date the
I. Paperwork Reduction Act increase takes effect, even when the
J. National Environmental Policy Act
§ 4(b)(2)). Accordingly, Congress
K. Effects on the Energy Supply (E.O. expressly exempted the annual inflation associated violation(s) predates such
asabaliauskas on DSK3SPTVN1PROD with RULES
13211) adjustments implemented pursuant to increase. Consistent with the provisions
the FCPIA of 2015 from the pre- of OCSLA and the FCPIA of 2015, this
I. Background and Legal Authority promulgation notice and comment rule adjusts the following maximum
The OCSLA, at 43 U.S.C. 1350(b)(1), requirements of the Administrative civil monetary penalty per day per
directs the Secretary of the Interior to Procedure Act (APA), allowing them to violation:
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![9138 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Rules and Regulations
rights-of-way, Reporting and deficiencies in the state’s nonattainment Biological Diversity, Center for
recordkeeping requirements, Sulfur. permitting program no later than a year Environmental Health, and Neighbors
For the reasons given in the preamble, from the EPA finalizing this conditional for Clean Air regarding a failure to act,
the Bureau of Safety and Environmental approval. Upon the EPA finding of a pursuant to CAA sections 110(k)(2)–(4),
Enforcement amends Title 30, Chapter timely meeting of this commitment in on certain complete SIP submissions
II, Subchapter B, Part 250 Code of full, the final conditional approval of from states intended to address specific
Federal Regulations as follows. the SIP revisions would convert to a requirements related to the 2006 PM2.5
final approval of Utah’s plan. This national ambient air quality standard
PART 250—OIL AND GAS AND action is being taken under section 110 (NAAQS) for certain nonattainment
SULFUR OPERATIONS IN THE OUTER of the Clean Air Act (CAA) (Act). areas, including the submittal from the
CONTINENTAL SHELF DATES: This final rule is effective March Governor of Utah dated August 20,
6, 2017. 2013.
■ 1. The authority citation for part 250 The SIP revisions submitted by the
ADDRESSES: The EPA has established a
continues to read as follows: Utah Department of Air Quality (UDAQ)
docket for this action under Docket ID
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701, No. EPA–R08–OAR–2016–0620. All on August 20, 2013, establish specific
33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334. nonattainment new source review
documents in the docket are listed in
(NNSR) permitting requirements. In this
■ 2. Revise § 250.1403 to read as the www.regulations.gov index.
revision, the UDAQ has incorporated
follows: Although listed in the index, some
federal regulatory language—
information is not publicly available,
§ 250.1403 What is the maximum civil establishing permitting requirements for
e.g., CBI or other information whose
penalty? new and modified major stationary
disclosure is restricted by statute.
The maximum civil penalty is sources in a nonattainment area—from
Certain other material, such as
$42,704 per day per violation. portions of 40 CFR 51.165 and
copyrighted material, will be publicly
reformatted it into state-specific
Richard T. Cardinale, available only in hard copy. Publicly
requirements for sources in Utah under
Acting Assistant Secretary for Land and available docket materials are available R307–403–1 (Purpose and Definitions)
Minerals Management. either electronically in and R307–403–2 (Applicability),
[FR Doc. 2017–02326 Filed 2–2–17; 8:45 am]
www.regulations.gov or in hard copy at including provisions relevant to NNSR
the Air Program, Environmental programs for PM2.5 nonattainment areas.
BILLING CODE 4310–MR–P
Protection Agency (EPA), Region 8, Additionally, UDAQ incorporated by
1595 Wynkoop Street, Denver, Colorado reference the provisions of 40 CFR
80202–1129. The EPA requests you 51.165(f)(1)—(f)(14) into 307–403–11
ENVIRONMENTAL PROTECTION contact the individual listed in the FOR
AGENCY (Actual PALs), and revised R307–420 to
FURTHER INFORMATION CONTACT section to state that the definitions and
40 CFR Part 52 view the hard copy of the docket. You applicability provisions in R307–403–1
may view the hard copy of the docket apply to this section.
[EPA–R08–OAR–2016–0620; FRL–9958–28– Monday through Friday, 8:00 a.m. to
Region 8]
CAA section 110(a)(2)(C) requires
4:00 p.m., excluding federal holidays. each state plan to include ‘‘a program to
Approval and Promulgation of Air FOR FURTHER INFORMATION CONTACT: provide for . . . regulation of the
Quality Implementation Plans; State of Kevin Leone, Air Program, Mailcode modification and construction of any
Utah; Revisions to Nonattainment 8P–AR, Environmental Protection stationary source within the areas
Permitting Regulations Agency, Region 8, 1595 Wynkoop covered by the plan as necessary to
Street, Denver, Colorado 80202–1129, assure that [NAAQS] are achieved,
AGENCY: Environmental Protection (303) 312–6227, or leone.kevin@epa.gov. including a permit program as required
Agency. in parts C and D of this subchapter,’’
I. Background
ACTION: Final rule. and CAA section 172(c)(5) provides that
On August 20, 2013, with supporting the plan ‘‘shall require permits for the
SUMMARY: The EPA is taking final action administrative documentation construction and operation of new or
to conditionally approve all but one of submitted on September 12, 2013, Utah modified major stationary sources
the State Implementation Plan (SIP) sent the EPA revisions to their anywhere in the nonattainment area, in
revisions submitted by the State of Utah nonattainment permitting regulations, accordance with section [173].’’ CAA
on August 20, 2013, with supporting specifically to address deficiencies the section 173 lays out the requirements
administrative documentation EPA identified in their nonattainment for obtaining a permit that must be
submitted on September 12, 2013. These permitting regulations that affected the included in a state’s SIP-approved
submittals revise the Utah EPA’s ability to approve Utah’s PM10 permit program. CAA section
Administrative Code (UAC) that pertain maintenance plan and that may affect 110(a)(2)(A) requires that SIPs contain
to the issuance of Utah air quality the EPA’s ability to approve Utah’s enforceable emissions limitations and
permits for major sources in PM2.5 SIP. These revisions addressed other control measures. Under section
nonattainment areas. The EPA is not R307–403–1 (Purpose and Definitions), CAA section 110(a)(2), the
taking final action on the portion of the R307–403–2 (Applicability), R307–403– enforceability requirement in section
August 20, 2013 submittal that revised 11 (Actual Plant-wide Applicability 110(a)(2)(A) applies to all plans
asabaliauskas on DSK3SPTVN1PROD with RULES
rule R307–420 at this time. The EPA is Limits (PALs)), and R307–420 (Ozone submitted by a state. CAA section 110(i)
taking final action to conditionally Offset Requirements in Davis and Salt (with certain limited exceptions)
approve the other revisions because, Lake Counties). In addition, Utah moved prohibits states from modifying SIP
while the submitted revisions to Utah’s R307–401–19 (Analysis of Alternatives) requirements for stationary sources
nonattainment permitting rules do not to R307–403–10 and moved R307–401– except through the SIP revision process.
fully address the deficiencies in the 20 (Relaxation of Limits) to R307–403– CAA section 172(c)(7) requires that
state’s program, Utah has committed to 2. On June 2, 2016, the EPA entered into nonattainment plans, including NNSR
address additional remaining a consent decree with the Center for programs required by section 172(c)(5),
VerDate Sep<11>2014 21:08 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\03FER1.SGM 03FER1](https://thefederalregister.org/doc/82_FR_9158/page/3.svg)
Document Created: 2018-02-01 14:35:04
Document Modified: 2018-02-01 14:35:04
| 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 rule is effective on February 3, 2017. | |
| Contact | Robert Fisher, Acting Chief Safety and Enforcement Division, Bureau of Safety and Environmental Enforcement, (202) 208-3955 or by email: [email protected] | |
| FR Citation | 82 FR 9136 | |
| RIN Number | 1014-AA34 | |
| CFR Associated | Administrative Practice and Procedure; Continental Shelf; Environmental Impact Statements; Environmental Protection; Government Contracts; Incorporation by Reference; Investigations; Oil and Gas Exploration; Penalties; Pipelines; Continental Shelf-Mineral Resources; Continental Shelf-Rights-Of-Way; Reporting and Recordkeeping Requirements and Sulfur |
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