83 FR 1190 - Civil Monetary Penalty Inflation Adjustment Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 7 (January 10, 2018)
Federal Register Volume 83, Issue 7 (January 10, 2018)
| Page Range | 1190-1194 | |
| FR Document | 2018-00287 |
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)] [Rules and Regulations] [Pages 1190-1194] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00287] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 19 [FRL-9972-92-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 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, 2018. 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; smith-watts.david@epa.gov. 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 [[Page 1191]] 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), and EPA made its first annual adjustment on January 12, 2017, which was effective January 15, 2017 (82 FR 3633). Today's rule implements the second annual penalty inflation adjustments mandated by the 2015 Act. 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 2017 exceeds the CPI-U for the month of October 2016. With this rule, the new statutory maximum (or minimum \3\) penalty levels listed in the sixth column of Table 2 of 40 CFR 19.4 will apply to all civil penalties assessed on or after January 15, 2018, for violations that occurred after November 2, 2015, when the 2015 Act was enacted. The former maximum statutory civil penalty levels, which are in the fifth column of Table 2 to 40 CFR 19.4, will now apply only to violations that occurred after November 2, 2015, where the penalties were assessed on or after January 15, 2017 but before January 15, 2018. The statutory penalty levels for violations that occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 but before January 15, 2017, are codified in the fourth column of Table 2 to 40 CFR 19.4. The statutory civil penalty levels that apply to violations that occurred on or before November 2, 2015, are codified at Table 1 to 40 CFR 19.4. --------------------------------------------------------------------------- \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 2018, based on the CPI-U of October 2017, is 1.02041.\4\ Multiply 1.02041 by the current penalty amount. This is the raw adjusted penalty value. --------------------------------------------------------------------------- \4\ Office of Management and Budget Memorandum, Implementation of the Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum M-18-03) at p. 1 (December 15, 2017). --------------------------------------------------------------------------- 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 the second annual adjustments no later than January 15, 2018. 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 2018 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-18-03 at p. 4. --------------------------------------------------------------------------- III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. 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 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. 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 can 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. D. 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. [[Page 1192]] E. 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. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have a substantial direct effect 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. 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. H. 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 the 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. I. 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. J. National Technology Transfer and Advancement Act (NTTAA) The rulemaking does not involve technical standards. K. 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. L. 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 makes a good cause finding 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,\6\ EPA finds that the APA's notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest. --------------------------------------------------------------------------- \6\ See OMB Memorandum M-18-03 at p. 4. --------------------------------------------------------------------------- List of Subjects in 40 CFR Part 19 Environmental protection, Administrative practice and procedure, Penalties. Dated: January 3, 2018. E. Scott Pruitt, 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 statutory 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 were assessed before August 1, 2016. The statutory civil penalty levels set forth in the fourth column of Table 2 of Sec. 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 and before January 15, 2017. The statutory civil penalty levels set forth in the fifth column of Table 2 of Sec. 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed after January 15, 2017 but before January 15, 2018. The statutory civil penalty levels set forth in the sixth and last column of Table 2 of Sec. 19.4 apply to all violations which occur or occurred after November 2, 2015, where the penalties are assessed after January 15, 2018. 0 3. In Sec. 19.4, revise 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 that occurred on or before November 2, 2015, and for violations that occurred after November 2, 2015, where penalties were assessed before August 1, 2016. Table 2 to Sec. 19.4 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 were assessed on or after August 1, 2016 but before January 15, 2017, for violations that occurred after November 2, 2015. The fifth column displays the operative statutory civil penalty levels [[Page 1193]] where penalties are assessed on or after January 15, 2017 but before January 15, 2018, for violations that occur or occurred after November 2, 2015. The sixth and last column displays the operative statutory civil penalty levels where penalties are assessed on or after January 15, 2018, for violations that occur or occurred after November 2, 2015. * * * * * Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments -------------------------------------------------------------------------------------------------------------------------------------------------------- Statutory civil Statutory civil penalties for penalties for Statutory civil violations that violations that penalties for occurred after occurred after violations that Statutory civil November 2, 2015, November 2, 2015, occurred after U.S. Code citation Environmental statute penalties, as where penalties where penalties November 2, 2015, enacted are assessed on or are assessed on or where penalties after August 1, after January 15, are assessed on or 2016 but before 2017 but before after January 15, January 15, 2017 January 15, 2018 2018 -------------------------------------------------------------------------------------------------------------------------------------------------------- 7 U.S.C. 136l.(a)(1)...................... FEDERAL INSECTICIDE, $5,000 $18,750 $19,057 $19,446 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 2,852/1,838/2,795 15 U.S.C. 2615(a)(1)...................... TOXIC SUBSTANCES CONTROL ACT 25,000 37,500 38,114 38,892 (TSCA). 15 U.S.C. 2647(a)......................... TSCA........................ 5,000 10,781 10,957 11,181 15 U.S.C. 2647(g)......................... TSCA........................ 5,000 8,908 9,054 9,239 31 U.S.C. 3802(a)(1)...................... PROGRAM FRAUD CIVIL REMEDIES 5,000 10,781 10,957 11,181 ACT (PFCRA). 31 U.S.C. 3802(a)(2)...................... PFCRA....................... 5,000 10,781 10,957 11,181 33 U.S.C. 1319(d)......................... CLEAN WATER ACT (CWA)....... 25,000 51,570 52,414 53,484 33 U.S.C. 1319(g)(2)(A)................... CWA......................... 10,000/25,000 20,628/51,570 20,965/52,414 21,393/53,484 33 U.S.C. 1319(g)(2)(B)................... CWA......................... 10,000/125,000 20,628/257,848 20,965/262,066 21,393/267,415 33 U.S.C. 1321(b)(6)(B)(i)................ CWA......................... 10,000/25,000 17,816/44,539 18,107/45,268 18,477/46,192 33 U.S.C. 1321(b)(6)(B)(ii)............... CWA......................... 10,000/125,000 17,816/222,695 18,107/226,338 18,477/230,958 33 U.S.C. 1321(b)(7)(A)................... CWA......................... 25,000/1,000 44,539/1,782 45,268/1,811 46,192/1,848 33 U.S.C. 1321(b)(7)(B)................... CWA......................... 25,000 44,539 45,268 46,192 33 U.S.C. 1321(b)(7)(C)................... CWA......................... 25,000 44,539 45,268 46,192 33 U.S.C. 1321(b)(7)(D)................... CWA......................... 100,000/3,000 178,156/5,345 181,071/5,432 184,767/5,543 33 U.S.C. 1414b(d)(1)..................... MARINE PROTECTION, RESEARCH, 600 1,187 1,206 1,231 AND SANCTUARIES ACT (MPRSA). 33 U.S.C. 1415(a)......................... MPRSA....................... 50,000/125,000 187,500/247,336 190,568/251,382 194,457/256,513 33 U.S.C. 1901 note (see 1409(a)(2)(A))... CERTAIN ALASKAN CRUISE SHIP 10,000/25,000 13,669/34,172 13,893/34,731 14,177/35,440 OPERATIONS (CACSO). 33 U.S.C. 1901 note (see 1409(a)(2)(B))... CACSO....................... 10,000/125,000 13,669/170,861 13,893/173,656 14,177/177,200 33 U.S.C. 1901 note (see 1409(b)(1))...... CACSO....................... 25,000 34,172 34,731 35,440 33 U.S.C. 1908(b)(1)...................... ACT TO PREVENT POLLUTION 25,000 70,117 71,264 72,718 FROM SHIPS (APPS). 33 U.S.C. 1908(b)(2)...................... APPS........................ 5,000 14,023 14,252 14,543 42 U.S.C. 300g-3(b)....................... SAFE DRINKING WATER ACT 25,000 53,907 54,789 55,907 (SDWA). 42 U.S.C. 300g-3(g)(3)(A)................. SDWA........................ 25,000 53,907 54,789 55,907 42 U.S.C. 300g-3(g)(3)(B)................. SDWA........................ 5,000/25,000 10,781/37,561 10,957/38,175 11,181/38,954 42 U.S.C. 300g-3(g)(3)(C)................. SDWA........................ 25,000 37,561 38,175 38,954 42 U.S.C. 300h-2(b)(1).................... SDWA........................ 25,000 53,907 54,789 55,907 42 U.S.C. 300h-2(c)(1).................... SDWA........................ 10,000/125,000 21,563/269,535 21,916/273,945 22,363/279,536 42 U.S.C. 300h-2(c)(2).................... SDWA........................ 5,000/125,000 10,781/269,535 10,957/273,945 11,181/279,536 42 U.S.C. 300h-3(c)....................... SDWA........................ 5,000/10,000 18,750/40,000 19,057/40,654 19,446/41,484 42 U.S.C. 300i(b)......................... SDWA........................ 15,000 22,537 22,906 23,374 42 U.S.C. 300i-1(c)....................... SDWA........................ 100,000/1,000,000 131,185/1,311,850 133,331/1,333,312 136,052/1,360,525 42 U.S.C. 300j(e)(2)...................... SDWA........................ 2,500 9,375 9,528 9,722 42 U.S.C. 300j-4(c)....................... SDWA........................ 25,000 53,907 54,789 55,907 42 U.S.C. 300j-6(b)(2).................... SDWA........................ 25,000 37,561 38,175 38,954 42 U.S.C. 300j-23(d)...................... SDWA........................ 5,000/50,000 9,893/98,935 10,055/100,554 10,260/102,606 42 U.S.C. 4852d(b)(5)..................... RESIDENTIAL LEAD-BASED PAINT 10,000 16,773 17,047 17,395 HAZARD REDUCTION ACT OF 1992. 42 U.S.C. 4910(a)(2)...................... NOISE CONTROL ACT OF 1972... 10,000 35,445 36,025 36,760 42 U.S.C. 6928(a)(3)...................... RESOURCE CONSERVATION AND 25,000 93,750 95,284 97,229 RECOVERY ACT (RCRA). 42 U.S.C. 6928(c)......................... RCRA........................ 25,000 56,467 57,391 58,562 42 U.S.C. 6928(g)......................... RCRA........................ 25,000 70,117 71,264 72,718 42 U.S.C. 6928(h)(2)...................... RCRA........................ 25,000 56,467 57,391 58,562 42 U.S.C. 6934(e)......................... RCRA........................ 5,000 14,023 14,252 14,543 42 U.S.C. 6973(b)......................... RCRA........................ 5,000 14,023 14,252 14,543 42 U.S.C. 6991e(a)(3)..................... RCRA........................ 25,000 56,467 57,391 58,562 42 U.S.C. 6991e(d)(1)..................... RCRA........................ 10,000 22,587 22,957 23,426 42 U.S.C. 6991e(d)(2)..................... RCRA........................ 10,000 22,587 22,957 23,426 42 U.S.C. 7413(b)......................... CLEAN AIR ACT (CAA)......... 25,000 93,750 95,284 97,229 42 U.S.C. 7413(d)(1)...................... CAA......................... 25,000/200,000 44,539/356,312 45,268/362,141 46,192/369,532 42 U.S.C. 7413(d)(3)...................... CAA......................... 5,000 8,908 9,054 9,239 42 U.S.C. 7524(a)......................... CAA......................... 25,000/2,500 44,539/4,454 45,268/4,527 46,192/4,619 42 U.S.C. 7524(c)(1)...................... CAA......................... 200,000 356,312 362,141 369,532 42 U.S.C. 7545(d)(1)...................... CAA......................... 25,000 44,539 45,268 46,192 42 U.S.C. 9604(e)(5)(B)................... COMPREHENSIVE ENVIRONMENTAL 25,000 53,907 54,789 55,907 RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA). 42 U.S.C. 9606(b)(1)...................... CERCLA...................... 25,000 53,907 54,789 55,907 42 U.S.C. 9609(a)(1)...................... CERCLA...................... 25,000 53,907 54,789 55,907 [[Page 1194]] 42 U.S.C. 9609(b)......................... CERCLA...................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 42 U.S.C. 9609(c)......................... CERCLA...................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 42 U.S.C. 11045(a)........................ EMERGENCY PLANNING AND 25,000 53,907 54,789 55,907 COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). 42 U.S.C. 11045(b)(1)(A).................. EPCRA....................... 25,000 53,907 54,789 55,907 42 U.S.C. 11045(b)(2)..................... EPCRA....................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 42 U.S.C. 11045(b)(3)..................... EPCRA....................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722 42 U.S.C. 11045(c)(1)..................... EPCRA....................... 25,000 53,907 54,789 55,907 42 U.S.C. 11045(c)(2)..................... EPCRA....................... 10,000 21,563 21,916 22,363 42 U.S.C. 11045(d)(1)..................... EPCRA....................... 25,000 53,907 54,789 55,907 42 U.S.C. 14304(a)(1)..................... MERCURY-CONTAINING AND 10,000 15,025 15,271 15,583 RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT). 42 U.S.C. 14304(g)........................ BATTERY ACT................. 10,000 15,025 15,271 15,583 -------------------------------------------------------------------------------------------------------------------------------------------------------- \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. 2018-00287 Filed 1-9-18; 8:45 am] BILLING CODE 6560-50-P
![1190 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
is incorporated by reference in the Code publication dealing specifically with ENVIRONMENTAL PROTECTION
of Federal Regulations, and thus more such matters. AGENCY
effective in supporting USPS efforts
List of Subjects in 39 CFR Part 113 40 CFR Part 19
related to compliance and enforcement.
The Postal Service expects that Hazardous, restricted, and perishable [FRL–9972–92–OECA]
incorporation by reference of mail, Incorporation by reference.
Publication 52 in the Code of Federal Civil Monetary Penalty Inflation
Regulations, will increase the visibility ■ In consideration of the matters Adjustment Rule
of the mailing standards contained in discussed above, the Postal Service adds
Publication 52 and thereby maximize new 39 CFR part 113 as follows: AGENCY: Environmental Protection
their effectiveness and usefulness. Agency (EPA).
PART 113—HAZARDOUS, ACTION: Final rule.
Since their removal from the DMM,
RESTRICTED, AND PERISHABLE MAIL
the mailing standards provided in SUMMARY: The Environmental Protection
Publication 52 have undergone few Sec. Agency (EPA) is promulgating this final
changes of significance; indeed, several 113.1 Scope and purpose. rule to adjust the level of statutory civil
of those changes have expanded the 113.2 Incorporation by reference. monetary penalty amounts under the
options available to HAZMAT mailers. Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– statutes EPA administers. This action is
With regard to changes having a wider 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, mandated by the Federal Civil Penalties
impact on mailers, such as those 401, 403, 404, 414, 416, 3001–3011, 3201– Inflation Adjustment Act of 1990, as
required to conform Publication 52 to 3219, 3403–3406, 3621, 3622, 3626, 3632, amended through the Federal Civil
the revised standards for the shipment 3633, and 5001. Penalties Inflation Adjustment Act
of lithium batteries established by the Improvements Act of 2015 (‘‘the 2015
Pipeline and Hazardous Materials Safety § 113.1 Scope and purpose.
Act’’). The 2015 Act prescribes a
Administration (PHMSA) and the This part applies to the mailing and formula for annually adjusting statutory
International Civil Aviation shipment of hazardous, restricted, and civil penalties to reflect inflation,
Organization (ICAO), the Postal Service perishable materials. In order to mail maintain the deterrent effect of statutory
has been careful to provide advance hazardous, restricted, and perishable civil penalties, and promote compliance
notice to interested parties, with an materials, mailers must properly with the law. The rule does not
opportunity to comment, and to shape prepare their mailings in accordance necessarily revise the penalty amounts
the final standards in response to the with the standards contained in USPS that EPA chooses to seek pursuant to its
comments received. See, e.g. 82 FR Publication 52 (incorporated by civil penalty policies in a particular
11372 (February 22, 2017), and 82 FR reference, see § 113.2). case. EPA’s civil penalty policies, which
34712 (July 26, 2017). Relating to guide enforcement personnel in how to
violations of mailing standards for § 113.2 Incorporation by reference. exercise EPA’s statutory penalty
hazardous materials, the Postal Service (a) Certain material is incorporated by authorities, take into account a number
currently has civil enforcement reference into this part with the of fact-specific considerations, e.g., the
authority granted by the Postal approval of the Director of the Federal seriousness of the violation, the
Accountability and Enhancement Act of Register under 5 U.S.C. 552(a) and 1 violator’s good faith efforts to comply,
2006, and authority to assess criminal CFR part 51. All approved material is any economic benefit gained by the
penalties under 18 U.S.C. 1716. As a available for inspection by appointment violator as a result of its noncompliance,
result, the Postal Service believes that only, during normal hours of operation, and a violator’s ability to pay.
the incorporation by reference of at the U.S. Postal Service Library, 475 DATES: This final rule is effective on
Publication 52 should have little or no L’Enfant Plaza West SW, Washington, January 15, 2018.
impact on mailers of hazardous, DC 20260–1641 (call 202–268–2906), FOR FURTHER INFORMATION CONTACT:
restricted, or perishable materials, and and is available from the sources listed David Smith-Watts, Office of Civil
the Postal Service would expect few below. It is also available for inspection Enforcement, Office of Enforcement and
comments in response to a proposed at the National Archives and Records Compliance Assurance, Mail Code
rule. Accordingly, the Postal Service has Administration (NARA). For 2241A, Environmental Protection
chosen to publish only a final rule in information on the availability of this Agency, 1200 Pennsylvania Avenue
support of this action. material at NARA, call 202–741–6030 or NW, Washington, DC 20460, telephone
The Postal Service further believes go to www.archives.gov/federal-register/ number: (202) 564–4083; smith-
that incorporation by reference of cfr/ibr-locations.html. watts.david@epa.gov.
Publication 52 is justified in view of the SUPPLEMENTARY INFORMATION:
(b) United States Postal Service,
unique qualities of the publication,
Product Classification Office, USPS I. Background
including its length, the detailed
Headquarters, 475 L’Enfant Plaza SW, Since 1990, federal agencies have
description of conditions relating to the
Room 4446, Washington, DC 20260– been required to issue regulations
mailing of hazardous, restricted, or
5013: http://pe.usps.com/text/pub52/ adjusting for inflation the statutory civil
perishable materials, and the presence
welcome.htm. penalties 1 that can be imposed under
of numerous color figures and images in
the document. In addition, the potential (1) Publication 52, Hazardous,
for serious injury to Postal Service Restricted and Perishable Mail, dated 1 The Federal Civil Penalties Inflation Adjustment
jstallworth on DSKBBY8HB2PROD with RULES
August 2017, IBR approved for § 113.1. Act of 1990, Public Law 101–410, 28 U.S.C. 2461
employees and the general public, as note, defines ‘‘civil monetary penalty’’ as ‘‘any
well as the potential for damage to (2) [Reserved] penalty, fine, or other sanction that—(A)(i) is for a
USPS equipment and other assets specific monetary amount as provided by Federal
resulting from improperly prepared, Stanley F. Mires, law; or (ii) has a maximum amount provided for by
Attorney, Federal Compliance. Federal law; and (B) is assessed or enforced by an
packaged, or marked hazardous agency pursuant to Federal law; and (C) is assessed
materials, provide support for the [FR Doc. 2018–00266 Filed 1–9–18; 8:45 am] or enforced pursuant to an administrative
incorporation by reference of a separate BILLING CODE 7710–12–P proceeding or a civil action in the Federal courts.’’
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![Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 1191
the laws administered by that agency. listed in the sixth column of Table 2 of the annual inflation adjustments
The Federal Civil Penalties Inflation 40 CFR 19.4 will apply to all civil ‘‘notwithstanding section 553’’ of the
Adjustment Act of 1990, as amended by penalties assessed on or after January APA. According to OMB guidance
the Debt Collection Improvement Act of 15, 2018, for violations that occurred issued to Federal agencies on the
1996 (DCIA), required agencies to after November 2, 2015, when the 2015 implementation of the 2018 annual
review their statutory civil penalties Act was enacted. The former maximum adjustment,5 the phrase
every 4 years, and to adjust the statutory statutory civil penalty levels, which are ‘‘notwithstanding section 553’’ means
civil penalty amounts for inflation if the in the fifth column of Table 2 to 40 CFR that ‘‘the public procedure the APA
increase met the DCIA’s adjustment 19.4, will now apply only to violations generally provides—notice, an
methodology. In accordance with the that occurred after November 2, 2015, opportunity for comment, and a delay in
DCIA, EPA reviewed and, as where the penalties were assessed on or effective date—is not required for
appropriate, adjusted the civil penalty after January 15, 2017 but before January agencies to issue regulations
levels under each of the statutes the 15, 2018. The statutory penalty levels implementing the annual adjustment.’’
agency implements in 1996 (61 FR for violations that occurred after Consistent with the language of the 2015
69360), 2004 (69 FR 7121), 2008 (73 FR November 2, 2015, where the penalties Act and OMB’s implementation
75340), and 2013 (78 FR 66643). were assessed on or after August 1, 2016 guidance, this rule is not subject to
The 2015 Act 2 requires agencies to: but before January 15, 2017, are codified notice and an opportunity for public
(1) Adjust the level of statutory civil in the fourth column of Table 2 to 40 comment and will be effective
penalties with an initial ‘‘catch-up’’ CFR 19.4. The statutory civil penalty immediately upon publication.
adjustment through an interim final levels that apply to violations that
rulemaking; and (2) beginning January occurred on or before November 2, III. Statutory and Executive Order
15, 2017, make subsequent annual 2015, are codified at Table 1 to 40 CFR Reviews
adjustments for inflation. The purpose 19.4. Additional information about these
of the 2015 Act is to maintain the The formula for determining the cost- statutes and Executive Orders can be
deterrent effect of civil penalties by of-living or inflation adjustment to found at http://www2.epa.gov/laws-
translating originally enacted statutory statutory civil penalties consists of the regulations/laws-and-executive-orders.
civil penalty amounts to today’s dollars following steps:
and rounding statutory civil penalties to Step 1: The cost-of-living adjustment A. Executive Order 12866: Regulatory
the nearest dollar. multiplier for 2018, based on the CPI– Planning and Review and Executive
As required by the 2015 Act, EPA U of October 2017, is 1.02041.4 Multiply Order 13563: Improving Regulation and
issued a catch up rule on July 1, 2016, 1.02041 by the current penalty amount. Regulatory Review
which was effective August 1, 2016 (81 This is the raw adjusted penalty value.
Step 2: Round the raw adjusted This action is not a significant
FR 43091), and EPA made its first regulatory action and was therefore not
annual adjustment on January 12, 2017, penalty value. Section 5 of the 2015 Act
states that any adjustment shall be submitted to the Office of Management
which was effective January 15, 2017 and Budget (OMB) for review.
(82 FR 3633). Today’s rule implements rounded to the nearest multiple of $1.
the second annual penalty inflation The result is the final penalty value for B. Executive Order 13771: Reducing
adjustments mandated by the 2015 Act. the year. Regulations and Controlling Regulatory
Section 4 of the 2015 Act requires each II. The 2015 Act Requires Federal Costs
federal agency to publish annual Agencies To Publish Annual Penalty This action is not an Executive Order
adjustments to all civil penalties under Inflation Adjustments Notwithstanding 13771 regulatory action because this
the laws implemented by that agency. Section 553 of the Administrative action is not significant under Executive
These annual adjustments are required Procedures Act Order 12866.
to be published by January 15 of each Section 4 of the 2015 Act directs
year. The 2015 Act describes the C. Paperwork Reduction Act (PRA)
federal agencies to publish the second
method for calculating the adjustments. annual adjustments no later than This action does not impose an
Each statutory maximum civil monetary January 15, 2018. In accordance with information collection burden under the
penalty is multiplied by the cost-of- section 553 of the Administrative PRA. This rule merely increases the
living adjustment, which is the Procedures Act (APA), most rules are level of statutory civil penalties that can
percentage by which the Consumer subject to notice and comment and are be imposed in the context of a federal
Price Index for all Urban Consumers effective no earlier than 30 days after civil administrative enforcement action
(CPI–U) for the month of October 2017 publication in the Federal Register. or civil judicial case for violations of
exceeds the CPI–U for the month of However, Section 4(b)(2) of the 2015 Act EPA-administered statutes and their
October 2016. provides that each agency shall make implementing regulations.
With this rule, the new statutory
maximum (or minimum 3) penalty levels D. Regulatory Flexibility Act (RFA)
104B(d)(1) of the Marine Protection, Research, and
Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an This action is not subject to the RFA.
2 The Federal Civil Penalties Inflation Adjustment exact penalty of $600 ‘‘[f]or each dry ton (or
Act Improvements Act of 2015 (Section 701 of Pub. equivalent) of sewage sludge or industrial waste
The RFA applies only to rules subject to
L.114–74) was signed into law on Nov. 2, 2015, and dumped or transported by the person in violation notice and comment rulemaking
further amended the Federal Civil Penalties of this subsection in calendar year 1992 . . .’’; and requirements under the APA, 5 U.S.C.
Inflation Adjustment Act of 1990. Section 325(d)(1) of the Emergency Planning and 553, or any other statute. Because the
jstallworth on DSKBBY8HB2PROD with RULES
3 Under Section 3(2)(A) of the 2015 Act, ‘‘civil Community Right-to-Know Act, 42 U.S.C.
11045(d)(1), refers to an exact civil penalty of
2015 Act directs Federal agencies to
monetary penalty’’ means ‘‘a specific monetary
amount as provided by Federal law’’; or ‘‘has a $25,000 for each frivolous trade secret claim. publish this rule notwithstanding
maximum amount provided for by Federal law.’’ 4 Office of Management and Budget section 553 of the APA, this rule is not
EPA-administered statutes generally refer to Memorandum, Implementation of the Penalty subject to notice and comment
statutory maximum penalties, with the following Inflation Adjustments for 2018, Pursuant to the requirements or the RFA.
exceptions: Section 311(b)(7)(D) of the Clean Water Federal Civil Penalties Inflation Adjustment Act
Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum Improvements Act of 2015 (OMB Memorandum M–
penalty of ‘‘not less than $100,000 . . .’’; Section 18–03) at p. 1 (December 15, 2017). 5 See OMB Memorandum M–18–03 at p. 4.
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![1192 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
E. Unfunded Mandates Reform Act I. Executive Order 13211: Actions That PART 19—ADJUSTMENT OF CIVIL
(UMRA) Significantly Affect Energy Supply, MONETARY PENALTIES FOR
Distribution, or Use INFLATION
This action does not contain any
This action is not subject to Executive
unfunded mandate as described in ■ 1. The authority citation for part 19
Order 13211, because it is not a
UMRA, 2 U.S.C. 1531–1538, and does continues to read as follows:
significant regulatory action under
not significantly or uniquely affect small Authority: Pub. L. 101–410, Oct. 5, 1990,
Executive Order 12866.
governments. This action is required by 104 Stat. 890, as amended by Pub. L. 104–
the 2015 Act, without the exercise of J. National Technology Transfer and 134, title III, sec. 31001(s)(1), Apr. 26, 1996,
any policy discretion by EPA. This Advancement Act (NTTAA) 110 Stat. 1321–373; Pub. L. 105–362, title
action also imposes no enforceable duty The rulemaking does not involve XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat.
on any state, local or tribal governments 3293; Pub. L. 114–74, title VII, sec. 701(b),
technical standards.
or the private sector. Because the Nov. 2, 2015, 129 Stat. 599.
calculation of any increase is formula- K. Executive Order 12898: Federal ■ 2. Revise § 19.2 to read as follows:
driven pursuant to the 2015 Act, EPA Actions To Address Environmental
Justice in Minority Populations and § 19.2 Effective date.
has no policy discretion to vary the
Low-Income Populations The statutory penalty levels in the last
amount of the adjustment.
column of Table 1 to § 19.4 apply to all
The EPA believes that this action is
F. Executive Order 13132: Federalism violations which occurred after
not subject to Executive Order 12898 (59
December 6, 2013 through November 2,
This action does not have federalism FR 7629, February 16, 1994) because it
2015, and to violations occurring after
implications. It will not have a does not establish an environmental
November 2, 2015, where penalties were
substantial direct effect on the states, on health or safety standard. Rather, this
assessed before August 1, 2016. The
the relationship between the national action is mandated by the 2015 Act,
statutory civil penalty levels set forth in
government and the states, or on the which prescribes a formula for adjusting
the fourth column of Table 2 of § 19.4
distribution of power and statutory civil penalties on an annual
apply to all violations which occurred
responsibilities among the various basis to reflect inflation.
after November 2, 2015, where the
levels of government. L. Congressional Review Act (CRA) penalties were assessed on or after
G. Executive Order 13175: Consultation This action is subject to the CRA, and August 1, 2016 and before January 15,
and Coordination With Indian Tribal EPA will submit a rule report to each 2017. The statutory civil penalty levels
Governments House of the Congress and to the set forth in the fifth column of Table 2
Comptroller General of the United of § 19.4 apply to all violations which
This action does not have tribal States. The CRA allows the issuing occurred after November 2, 2015, where
implications as specified in Executive agency to make a rule effective sooner the penalties were assessed after January
Order 13175. This rule merely than otherwise provided by the CRA if 15, 2017 but before January 15, 2018.
reconciles the real value of current the agency makes a good cause finding The statutory civil penalty levels set
statutory civil penalty levels to reflect that notice and comment rulemaking forth in the sixth and last column of
and keep pace with the levels originally procedures are impracticable, Table 2 of § 19.4 apply to all violations
set by Congress when the statutes were unnecessary or contrary to the public which occur or occurred after November
enacted. The calculation of the increases interest (5 U.S.C. 808(2)). The 2015 Act 2, 2015, where the penalties are
is formula-driven and prescribed by directs Federal agencies to publish their assessed after January 15, 2018.
statute, and EPA has no discretion to annual penalty inflation adjustments ■ 3. In § 19.4, revise the introductory
vary the amount of the adjustment to ‘‘notwithstanding section 553 [of the text and table 2 to read as follows:
reflect any views or suggestions APA].’’ Because OMB has instructed
§ 19.4 Statutory civil penalties, as adjusted
provided by commenters. Accordingly, Federal agencies that this provision for inflation, and tables.
this rule will not have a substantial means that ‘‘notice, an opportunity for
Table 1 to § 19.4 sets out the statutory
direct effect on tribal governments, on comment, and a delay in the effective
civil penalty provisions of statutes
the relationship between the Federal date’’ are not required for agencies to
administered by EPA, with the original
government and Indian tribes, or on the issue regulations implementing the
statutory civil penalty levels, as enacted,
distribution of power and annual adjustment,6 EPA finds that the
and the operative statutory civil penalty
responsibilities between the Federal APA’s notice and comment rulemaking
levels, as adjusted for inflation, for
government and Indian tribes. procedures are impracticable,
violations that occurred on or before
unnecessary or contrary to the public
H. Executive Order 13045: Protection of November 2, 2015, and for violations
interest.
Children From Environmental Health that occurred after November 2, 2015,
Risks and Safety Risks List of Subjects in 40 CFR Part 19 where penalties were assessed before
Environmental protection, August 1, 2016. Table 2 to § 19.4 sets
The EPA interprets Executive Order Administrative practice and procedure, out the statutory civil penalty
13045 as applying only to those Penalties. provisions of statutes administered by
regulatory actions that concern EPA, with the third column displaying
environmental health or safety risks that Dated: January 3, 2018.
the original statutory civil penalty
the EPA has reason to believe may E. Scott Pruitt, levels, as enacted. The fourth column of
jstallworth on DSKBBY8HB2PROD with RULES
disproportionately affect children, per Administrator. Table 2 displays the operative statutory
the definition of ‘‘covered regulatory For the reasons set out in the civil penalty levels where penalties
action’’ in section 2–202 of the preamble, EPA amends title 40, chapter were assessed on or after August 1, 2016
Executive Order. This action is not I, part 19 of the Code of Federal but before January 15, 2017, for
subject to Executive Order 13045 Regulations as follows: violations that occurred after November
because it does not concern an 2, 2015. The fifth column displays the
environmental health risk or safety risk. 6 See OMB Memorandum M–18–03 at p. 4. operative statutory civil penalty levels
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![1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil pen- Statutory civil pen- Statutory civil pen-
alties for violations alties for violations alties for violations
that occurred after that occurred after that occurred after
November 2, 2015, November 2, 2015,
Statutory civil pen- November 2, 2015,
U.S. Code citation Environmental statute where penalties are where penalties are
alties, as enacted where penalties are
assessed on or assessed on or assessed on or
after August 1, after January 15, after January 15,
2016 but before 2017 but before 2018
January 15, 2017 January 15, 2018
42 U.S.C. 9609(b) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 9609(c) ................... CERCLA ...................................................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(a) ................. EMERGENCY PLANNING AND COMMU- 25,000 53,907 54,789 55,907
NITY RIGHT-TO-KNOW ACT (EPCRA).
42 U.S.C. 11045(b)(1)(A) ........ EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 11045(b)(2) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(b)(3) ............. EPCRA ........................................................ 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722
42 U.S.C. 11045(c)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 11045(c)(2) ............. EPCRA ........................................................ 10,000 21,563 21,916 22,363
42 U.S.C. 11045(d)(1) ............. EPCRA ........................................................ 25,000 53,907 54,789 55,907
42 U.S.C. 14304(a)(1) ............. MERCURY-CONTAINING AND RE- 10,000 15,025 15,271 15,583
CHARGEABLE BATTERY MANAGE-
MENT ACT (BATTERY ACT).
42 U.S.C. 14304(g) ................. BATTERY ACT ........................................... 10,000 15,025 15,271 15,583
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. 2018–00287 Filed 1–9–18; 8:45 am] website. Although listed in the index, Pollution Control Requirements, Section
BILLING CODE 6560–50–P some information may not be publicly .0101, Definitions; Section .0103, Copies
available, i.e., Confidential Business of Referenced Federal Regulations;
Information or other information whose Section .1901 Purpose, Scope, and
ENVIRONMENTAL PROTECTION disclosure is restricted by statute. Impermissible Open Burning Section;
AGENCY Certain other material, such as .1902, Definitions; Section .1903,
copyrighted material, is not placed on Permissible Open Burning Without An
40 CFR Part 52 the internet and will be publicly Air Quality Permit; Section .2001,
[EPA–R04–OAR–2007–0085; FRL–9972–85– available only in hard copy form. Purpose, Scope, and Applicability; and
Region 4] Publicly available docket materials are 15A NCAC Subchapter 2Q—Air Quality
available either electronically through Permits, Section .0103, Definitions;
Air Plan Approval; NC; Open Burning www.regulations.gov or in hard copy at Section .0105, Copies of Referenced
and Miscellaneous Revisions the Air Regulatory Management Section, Documents; Section .0304,
AGENCY: Environmental Protection Air Planning and Implementation Applications; Section .0305,
Agency (EPA). Branch, Air, Pesticides and Toxics Application Submittal Content; Section
Management Division, U.S. .0806, Cotton Gins; Section .0808, Peak
ACTION: Final rule.
Environmental Protection Agency, Shaving Generators; and Section .0810,
SUMMARY: Due to adverse comments Region 4, 61 Forsyth Street SW, Atlanta, Air Curtain Burners. On the same day,
received, the Environmental Protection Georgia 30303–8960. EPA requests that EPA published proposed rule (82 FR
Agency (EPA) is amending the North if at all possible, you contact the person 32782), proposing approval of those
Carolina State Implementation Plan listed in the FOR FURTHER INFORMATION same revisions to the North Carolina SIP
(SIP) to remove some provisions made CONTACT section to schedule your and providing a 30-day comment period
effective through the direct final rule inspection. The Regional Office’s for both the direct final rule and the
that was published on July 18, 2017. official hours of business are Monday proposed rule.1 The direct final rule
EPA stated that if adverse comments through Friday 8:30 a.m. to 4:30 p.m., explained that if EPA received adverse
were received by the close of the excluding Federal holidays. comments, the Agency would withdraw
comment period, the rule would be FOR FURTHER INFORMATION CONTACT: the relevant portion(s) of the direct final
withdrawn and not take effect, or if Nacosta C. Ward, Air Regulatory action. EPA received adverse comments
adverse comments were received on an Management Section, Air Planning and on the portions of the rulemaking
amendment, paragraph, or section of the Implementation Branch, Air, Pesticides related to the North Carolina regulations
rule, EPA may adopt as final those and Toxics Management Division, U.S. 15A NCAC Subchapter 2Q—Air Quality
provisions of the rule that are not the Environmental Protection Agency, Permits, Section .0808, Peak Shaving
subject of an adverse comment. EPA Region 4, 61 Forsyth Street SW, Atlanta, Generators, and Section .0810, Air
received adverse comments on two Georgia 30303–8960. Ms. Ward can be Curtain Burners, only. However, EPA
specific SIP revisions. Therefore, EPA is reached via telephone at (404) 562– was not able to withdraw these portions
removing only the portions of the SIP 9140, or via electronic mail at of the direct final action before the
related to those two revisions. ward.nacosta@epa.gov. action became effective. Therefore, EPA
jstallworth on DSKBBY8HB2PROD with RULES
DATES: This rule is effective January 10, SUPPLEMENTARY INFORMATION: On July is amending § 52.1770 by removing the
2018. 18, 2017, EPA published a direct final portions of the SIP related to these two
ADDRESSES: EPA has established a rule (82 FR 32767) approving several North Carolina regulations. EPA is not
docket for this action under Docket revisions to the North Carolina SIP. The 1 On September 6, 2017 (82 FR 42055), EPA
Identification No. EPA–R04–OAR– revisions consisted of changes to or the reopened the comment period for the proposed
2007–0085. All documents in the docket addition of the following regulations: rule, with comments due on or before September
are listed on the www.regulations.gov 15A NCAC Subchapter 2D—Air 21, 2017.
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Document Created: 2018-10-26 09:33:34
Document Modified: 2018-10-26 09:33:34
| 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, 2018. | |
| 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 | 83 FR 1190 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure and Penalties |
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