83 FR 37444 - Vacatur Response-CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms; FARM Act Amendments to CERCLA Release Notification Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 148 (August 1, 2018)
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37444-37446 | |
| FR Document | 2018-16379 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Rules and Regulations] [Pages 37444-37446] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16379] [[Page 37444]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 302 and 355 [EPA-HQ-OLEM-2018-0518; FRL-9981-52-OLEM] RIN 2050-AG66 Vacatur Response--CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms; FARM Act Amendments to CERCLA Release Notification Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is removing regulatory provisions associated with the administrative reporting exemption under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended, and under the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. These revisions implement the vacatur of the CERCLA and EPCRA administrative reporting exemption regulations ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). This rule also incorporates CERCLA revisions enacted by the Fair Agricultural Reporting Method (FARM) Act. DATES: This final rule is effective on August 1, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OLEM-2018-0518. All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding Federal holidays. The telephone number for the Public Reading Room is (202) 566-1744. For more information on EPA's Docket Center Reading Room, see https://www.epa.gov/dockets/epa-docket-center-reading-room. FOR FURTHER INFORMATION CONTACT: Office of Emergency Management, mail code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460, Alison Kent (202) 564-7645, [email protected] or Sicy Jacob (202) 564-8019, [email protected]; or contact the EPCRA, RMP & Oil Information Center toll free at 1-800-424-9346 or (703) 348- 5070 in the Washington, DC area. The call center operates from 10:00 a.m. to 5:00 p.m. EST Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? A list of entities that could be affected by this final rule include, but are not necessarily limited to: ------------------------------------------------------------------------ Examples of NAICS Description NAICS Code potentially affected entities ------------------------------------------------------------------------ Crop Production................... 111 Facilities that manage crop production. Animal Production and Aquaculture. 112 Facilities that manage animal production and aquaculture. ------------------------------------------------------------------------ This table is not intended to be exhaustive, but rather provide a guide for readers regarding the types of entities that EPA is aware could be involved in the activities affected by this action. However, other types of entities not listed in this table could be affected by this final rule. To determine whether your entity is affected by this action, you should carefully examine the applicability criteria found in title 40 of the Code of Federal Regulations (CFR) parts 302 and 355. If you have questions regarding the applicability of this action to a particular entity, consult the persons listed in the FOR FURTHER INFORMATION CONTACT section. B. Why is EPA issuing this action? Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause to issue this final rule without prior proposal and opportunity for comment because these revisions undertake the ministerial tasks of removing CERCLA and EPCRA regulatory provisions vacated by the D.C. Circuit and adding provisions to the CERCLA regulations consistent with the FARM Act's legislative amendments to CERCLA section 103. As a matter of law, the orders issued by the D.C. Circuit on April 11, 2017 and May 2, 2018 vacated the final rule titled ``CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms'' (73 FR 76948, December 18, 2008), herein referred to as the ``2008 final rule,'' which was issued by EPA under CERCLA, 42 U.S.C. 9601 et seq. and EPCRA, 42 U.S.C. 11001 et seq. It is, therefore, unnecessary to provide notice and an opportunity for comment on this action, which merely carries out the court's orders by removing the administrative reporting exemption and related definitions of ``farm'' and ``animal waste'' from the CERCLA regulations at 40 CFR part 302 and the EPCRA regulations at 40 CFR part 355. Prior to the court mandate vacating the 2008 final rule, Congress passed the FARM Act, which was signed into law by the President on March 23, 2018. The FARM Act amended CERCLA section 103 (42 U.S.C. 9603) to exempt reporting of air emissions from animal waste (including decomposing animal waste) at farms. This final rule revises the CERCLA regulations at 40 CFR part 302 to be consistent with the FARM Act's amendments to CERCLA section 103 by adding the reporting exemption for air emissions from animal waste at farms and adding definitions of ``farm'' and ``animal waste'' from the FARM Act. EPA finds that it is unnecessary to provide notice and an opportunity to comment on these revisions because this final rule merely codifies the FARM Act's legislative amendments to CERCLA. In addition, EPA finds that it has good cause to make these revisions immediately effective under section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d). EPA has determined that there is good cause for making this final rule effective immediately because this action merely [[Page 37445]] implements court orders vacating certain regulatory provisions and codifies statutory amendments to CERCLA. Delaying the effectiveness of this rulemaking would prolong the period of time between the change in the law (i.e., the court's mandate and the FARM Act's amendments to CERCLA) and the corresponding update to the regulations. Minimizing that time period would reduce the possibility of confusion for the regulated community and the public. C. What is the Agency's authority for taking this action? These regulations are promulgated under the authority of section 102(a), 103, 104, and 115 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. The Agency also relies on section 304 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11001 et seq., as authority to issue regulations governing EPCRA section 304 notification requirements, and EPCRA section 328 for general rulemaking authority. Finally, the Agency relies on the Consolidated Appropriations Act (Omnibus Bill), which was signed into law on March 23, 2018. Title XI of Division S of the Omnibus Bill, known as the Fair Agricultural Reporting Method (FARM) Act exempts the reporting of air emissions from animal waste (including decomposing animal waste) at a farm under CERCLA section 103(e). II. Background of the Final Rule A. Overview Section 103 of CERCLA requires the person in charge of a vessel or facility to immediately notify the National Response Center (NRC) when there is a release of a hazardous substance, as defined under CERCLA section 101(14), in an amount equal to or greater than the reportable quantity for that substance within a 24-hour period. In addition to these CERCLA reporting requirements, EPCRA section 304 requires owners or operators of certain facilities to immediately notify state and local authorities when there is a release of an extremely hazardous substance, as defined under EPCRA section 302, or of a CERCLA hazardous substance in an amount equal to or greater than the reportable quantity for that substance within a 24-hour period. B. December 2008 Administrative Reporting Exemption for Farms On December 18, 2008 (73 FR 76948), EPA issued an administrative reporting exemption for air releases from animal waste at farms. Specifically, the rule exempted all farms from CERCLA's reporting requirements for air releases of any hazardous substance from animal waste. Under EPCRA, the 2008 final rule exempted reporting of such releases if the farm had fewer animals than a large concentrated animal feeding operation, as defined by the Clean Water Act. Documents related to this rulemaking are located at www.regulations.gov, docket number EPA-HQ-SFUND-2007-0469. The 2008 administrative reporting exemption was ultimately struck down, or vacated, by the U.S. Court of Appeals for the District of Columbia Circuit in Waterkeeper Alliance v. EPA, 853 F.3d 527 (D.C. Cir. 2017). In vacating the rule, the court found that the Agency could not rely on general rulemaking authority or a de minimis exception to issue an administrative reporting exemption for this category of releases, particularly where the Agency had failed to identify any statutory ambiguity as the basis for its interpretation of the reporting requirements. The court issued a mandate effectuating the vacatur on May 2, 2018. C. FARM Act and Legislative Amendments to CERCLA On March 23, 2018 the Consolidated Appropriations Act (Omnibus Bill) was signed into law. Title XI of Division S of the Omnibus Bill, known as the FARM Act, exempts the reporting of air emissions from animal waste at a farm under CERCLA section 103(e). See Fair Agricultural Reporting Method Act, Public Law 115-141, Sections 1101- 1103 (2018). III. Vacatur and Court Mandate: Revisions to CERCLA and EPCRA Regulations Due to the D.C. Circuit's issuance of its mandate vacating the 2008 final rule, EPA is amending the CERCLA and EPCRA regulations to remove any provisions added in the 2008 final rule. These regulations are amended by removing the administrative reporting exemption for air releases of a hazardous substance from animal waste at farms at 40 CFR 302.6(e)(3) and 355.31(g) and (h). EPA is also removing the definitions of ``animal waste'' and ``farm'' from 40 CFR 302.3 and 355.61. IV. FARM Act: Revisions to CERCLA Regulations The FARM Act amended CERCLA section 103 by providing an exemption from reporting air emissions from animal waste (including decomposing animal waste) at a farm. In this final rule, EPA is adding this exemption to the CERCLA release reporting regulation in 40 CFR 302.6 as well as the definitions of ``animal waste'' and ``farm'' to 40 CFR 302.3. Due to the FARM Act, farms remain exempt from CERCLA release reporting requirements despite the D.C. Circuit's vacatur of the 2008 final rule. V. Effective Date This final rule will become effective immediately upon publication in this Federal Register. VI. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011), this action is not a ``significant regulatory action'' and therefore was not submitted to the Office of Management and Budget (OMB) for review. In addition, this action is not considered an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action, because this action is not significant under Executive Order 12866. This action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, therefore, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (Pub. L. 104-4). This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements because the Agency has invoked the APA ``good cause'' exemption under 5 U.S.C. 553(b). In addition, this action does not significantly or uniquely affect small governments. This action does not create new binding legal requirements that substantially and directly affect Tribes under Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not have significant Federalism implications under Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and [[Page 37446]] responsibilities among the various levels of government. Because this final rule is not subject to review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). This action does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. Congressional Review Act This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of 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 EPA has made a good cause finding for this rule as discussed in Section I.B of the preamble, including the basis for that finding. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 302 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. 40 CFR Part 355 Environmental protection, Chemicals, Disaster assistance, Hazardous substances, Hazardous waste, Natural resources, Penalties, Reporting and recordkeeping requirements, Superfund. Dated: July 23, 2018. Andrew R. Wheeler, Acting Administrator. For the reasons stated in the preamble, EPA is amending 40 CFR parts 302 and 355 as follows: PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION 0 1. The authority citation for part 302 is revised to read as follows: Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 1361. 0 2. Section 302.3 is amended by revising the definitions for ``Animal waste'' and ``Farm'' to read as follows: Sec. 302.3 Definitions. * * * * * Animal waste means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish). The term ``animal waste'' includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste. * * * * * Farm means a site or area (including associated structures) that-- (1) Is used for-- (i) The production of a crop; or (ii) The raising or selling of animals (including any form of livestock, poultry, or fish); and (2) Under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000. * * * * * 0 3. Section 302.6 is amended by revising paragraph (e)(3) to read as follows: Sec. 302.6 Notification requirements. * * * * * (e) * * * (3) Air emissions from animal waste (including decomposing animal waste) at a farm. PART 355--EMERGENCY PLANNING AND NOTIFICATION 0 4. The authority citation for part 355 continues to read as follows: Authority: Sections 302, 303, 304, 325, 327, 328, and 329 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049). Sec. 355.31 [Amended] 0 5. Section 355.31 is amended by removing paragraphs (g) and (h). Sec. 355.61 [Amended] 0 6. Section 355.61 is amended by removing the definitions for ``Animal waste'' and ``Farm''. [FR Doc. 2018-16379 Filed 7-31-18; 8:45 am] BILLING CODE 6560-50-P
![37444 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION CERCLA and EPCRA administrative The Public Reading Room is open from
AGENCY reporting exemption regulations ordered 8:30 a.m. to 4:30 p.m. Monday through
by the United States Court of Appeals Friday, excluding Federal holidays. The
40 CFR Parts 302 and 355 for the District of Columbia Circuit (D.C. telephone number for the Public
[EPA–HQ–OLEM–2018–0518; FRL–9981– Circuit). This rule also incorporates Reading Room is (202) 566–1744. For
52–OLEM] CERCLA revisions enacted by the Fair more information on EPA’s Docket
Agricultural Reporting Method (FARM) Center Reading Room, see https://
RIN 2050–AG66 Act. www.epa.gov/dockets/epa-docket-
DATES:This final rule is effective on center-reading-room.
Vacatur Response—CERCLA/EPCRA
Administrative Reporting Exemption August 1, 2018. FOR FURTHER INFORMATION CONTACT:
for Air Releases of Hazardous Office of Emergency Management, mail
ADDRESSES: EPA has established a code 5104A, Environmental Protection
Substances From Animal Waste at docket for this action under Docket ID
Farms; FARM Act Amendments to Agency, 1200 Pennsylvania Ave. NW,
No. EPA–HQ–OLEM–2018–0518. All Washington, DC 20460, Alison Kent
CERCLA Release Notification documents in the docket are listed in
Requirements (202) 564–7645, kent.alison@epa.gov or
the www.regulations.gov index. Sicy Jacob (202) 564–8019, jacob.sicy@
AGENCY: Environmental Protection Although listed in the index, some epa.gov; or contact the EPCRA, RMP &
Agency (EPA). information is not publicly available, Oil Information Center toll free at 1–
ACTION: Final rule. e.g., Confidential Business Information 800–424–9346 or (703) 348–5070 in the
(CBI) or other information whose Washington, DC area. The call center
SUMMARY: The Environmental Protection disclosure is restricted by statute. operates from 10:00 a.m. to 5:00 p.m.
Agency (EPA) is removing regulatory Certain other material, such as EST Monday through Friday, excluding
provisions associated with the copyrighted material, is not placed on Federal holidays.
administrative reporting exemption the internet and will be publicly
SUPPLEMENTARY INFORMATION:
under the Comprehensive available only in hard copy form.
Environmental Response, Compensation Publicly available docket materials are I. General Information
and Liability Act (CERCLA) of 1980, as available either electronically through
amended, and under the Emergency www.regulations.gov or in hard copy at A. Does this action apply to me?
Planning and Community Right-to- the EPA Docket Center, EPA/DC, WJC A list of entities that could be affected
Know Act (EPCRA) of 1986. These West Building, Room 3334, 1301 by this final rule include, but are not
revisions implement the vacatur of the Constitution Ave. NW, Washington, DC. necessarily limited to:
NAICS Description NAICS Code Examples of potentially affected entities
Crop Production .......................................................................... 111 Facilities that manage crop production.
Animal Production and Aquaculture ........................................... 112 Facilities that manage animal production and aquaculture.
This table is not intended to be proposal and opportunity for comment Prior to the court mandate vacating
exhaustive, but rather provide a guide because these revisions undertake the the 2008 final rule, Congress passed the
for readers regarding the types of ministerial tasks of removing CERCLA FARM Act, which was signed into law
entities that EPA is aware could be and EPCRA regulatory provisions by the President on March 23, 2018. The
involved in the activities affected by vacated by the D.C. Circuit and adding FARM Act amended CERCLA section
this action. However, other types of provisions to the CERCLA regulations 103 (42 U.S.C. 9603) to exempt
entities not listed in this table could be consistent with the FARM Act’s reporting of air emissions from animal
affected by this final rule. To determine legislative amendments to CERCLA waste (including decomposing animal
whether your entity is affected by this section 103. waste) at farms. This final rule revises
action, you should carefully examine As a matter of law, the orders issued the CERCLA regulations at 40 CFR part
the applicability criteria found in title by the D.C. Circuit on April 11, 2017 302 to be consistent with the FARM
40 of the Code of Federal Regulations and May 2, 2018 vacated the final rule Act’s amendments to CERCLA section
(CFR) parts 302 and 355. If you have titled ‘‘CERCLA/EPCRA Administrative 103 by adding the reporting exemption
questions regarding the applicability of Reporting Exemption for Air Releases of for air emissions from animal waste at
this action to a particular entity, consult Hazardous Substances From Animal farms and adding definitions of ‘‘farm’’
the persons listed in the FOR FURTHER Waste at Farms’’ (73 FR 76948, and ‘‘animal waste’’ from the FARM
INFORMATION CONTACT section. December 18, 2008), herein referred to Act. EPA finds that it is unnecessary to
as the ‘‘2008 final rule,’’ which was provide notice and an opportunity to
B. Why is EPA issuing this action? comment on these revisions because
issued by EPA under CERCLA, 42
Section 553 of the Administrative U.S.C. 9601 et seq. and EPCRA, 42 this final rule merely codifies the FARM
Procedure Act, 5 U.S.C. 553(b)(3)(B), U.S.C. 11001 et seq. It is, therefore, Act’s legislative amendments to
provides that, when an agency for good unnecessary to provide notice and an CERCLA.
cause finds that notice and public opportunity for comment on this action, In addition, EPA finds that it has good
sradovich on DSK3GMQ082PROD with RULES
procedure are impracticable, which merely carries out the court’s cause to make these revisions
unnecessary or contrary to the public orders by removing the administrative immediately effective under section
interest, the agency may issue a rule reporting exemption and related 553(d) of the Administrative Procedure
without providing notice and an definitions of ‘‘farm’’ and ‘‘animal Act, 5 U.S.C. 553(d). EPA has
opportunity for public comment. EPA waste’’ from the CERCLA regulations at determined that there is good cause for
has determined that there is good cause 40 CFR part 302 and the EPCRA making this final rule effective
to issue this final rule without prior regulations at 40 CFR part 355. immediately because this action merely
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![37446 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
responsibilities among the various Dated: July 23, 2018. § 355.61 [Amended]
levels of government. Because this final Andrew R. Wheeler, ■ 6. Section 355.61 is amended by
rule is not subject to review under Acting Administrator. removing the definitions for ‘‘Animal
Executive Order 12866, this final rule is For the reasons stated in the waste’’ and ‘‘Farm’’.
not subject to Executive Order 13211, preamble, EPA is amending 40 CFR [FR Doc. 2018–16379 Filed 7–31–18; 8:45 am]
entitled Actions Concerning Regulations parts 302 and 355 as follows: BILLING CODE 6560–50–P
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May PART 302—DESIGNATION,
22, 2001) or Executive Order 13045, REPORTABLE QUANTITIES, AND DEPARTMENT OF COMMERCE
entitled Protection of Children from NOTIFICATION
Environmental Health Risks and Safety National Oceanic and Atmospheric
■ 1. The authority citation for part 302
Risks (62 FR 19885, April 23, 1997). Administration
is revised to read as follows:
This final rule does not contain any
information collections subject to OMB Authority: 42 U.S.C. 9602, 9603, and 9604; 50 CFR Part 635
33 U.S.C. 1321 and 1361.
approval under the Paperwork [Docket No. 180517485–8649–01]
Reduction Act (PRA), 44 U.S.C. 3501 et ■ 2. Section 302.3 is amended by
seq., nor does it require any special revising the definitions for ‘‘Animal RIN 0648—XG262
considerations under Executive Order waste’’ and ‘‘Farm’’ to read as follows:
Atlantic Highly Migratory Species;
12898, entitled Federal Actions to § 302.3 Definitions. Adjustments to 2018 North and South
Address Environmental Justice in * * * * * Atlantic Swordfish Quotas
Minority Populations and Low-Income Animal waste means feces, urine, or
Populations (59 FR 7629, February 16, other excrement, digestive emission, AGENCY: National Marine Fisheries
1994). This action does not involve urea, or similar substances emitted by Service (NMFS), National Oceanic and
technical standards; thus, the animals (including any form of Atmospheric Administration (NOAA),
requirements of section 12(d) of the livestock, poultry, or fish). The term Commerce.
National Technology Transfer and ‘‘animal waste’’ includes animal waste ACTION: Temporary final rule.
Advancement Act of 1995 (15 U.S.C. that is mixed or commingled with
SUMMARY: NMFS adjusts the North and
272 note) do not apply. bedding, compost, feed, soil, or any
South Atlantic swordfish baseline
other material typically found with such
Congressional Review Act quotas for 2018 based on available
waste.
underharvest from the 2017 adjusted
This action is subject to the * * * * * U.S. quotas. This action is necessary to
Congressional Review Act (CRA), and Farm means a site or area (including implement binding recommendations of
the EPA will submit a rule report to associated structures) that— the International Commission for the
(1) Is used for—
each House of Congress and to the Conservation of Atlantic Tunas (ICCAT),
(i) The production of a crop; or
Comptroller General of the United (ii) The raising or selling of animals as required by the Atlantic Tunas
States. The CRA allows the issuing (including any form of livestock, Convention Act (ATCA), and to achieve
agency to make a rule effective sooner poultry, or fish); and domestic management objectives under
than otherwise provided by the CRA if (2) Under normal conditions, the Magnuson-Stevens Fishery
the agency makes a good cause finding produces during a farm year any Conservation and Management Act
that notice and comment rulemaking agricultural products with a total value (Magnuson-Stevens Act).
procedures are impracticable, equal to not less than $1,000. DATES: Effective August 31, 2018,
unnecessary or contrary to the public * * * * * through December 31, 2018.
interest (5 U.S.C. 808(2)). The EPA has ■ 3. Section 302.6 is amended by ADDRESSES: Supporting documents,
made a good cause finding for this rule revising paragraph (e)(3) to read as such as the 2012 and 2007
as discussed in Section I.B of the follows: Environmental Assessments (EA) and
preamble, including the basis for that the 2006 Consolidated Atlantic Highly
finding. This action is not a ‘‘major § 302.6 Notification requirements. Migratory Species (HMS) Fishery
rule’’ as defined by 5 U.S.C. 804(2). * * * * * Management Plan and its amendments
(e) * * * described below, may be downloaded
List of Subjects (3) Air emissions from animal waste from the HMS website at https://
40 CFR Part 302 (including decomposing animal waste) www.fisheries.noaa.gov/topic/atlantic-
at a farm. highly-migratory-species. These
Environmental protection, Air documents also are available upon
pollution control, Chemicals, Hazardous PART 355—EMERGENCY PLANNING request from Chanté Davis or Steve
substances, Hazardous waste, Reporting AND NOTIFICATION Durkee at the telephone numbers below.
and recordkeeping requirements, ■ 4. The authority citation for part 355 FOR FURTHER INFORMATION CONTACT:
Superfund, Water pollution control, continues to read as follows: Chanté Davis, (301) 427–8503, or, Steve
Water supply. Durkee, (202) 670–6637.
Authority: Sections 302, 303, 304, 325,
327, 328, and 329 of the Emergency Planning SUPPLEMENTARY INFORMATION:
40 CFR Part 355
sradovich on DSK3GMQ082PROD with RULES
and Community Right-to-Know Act of 1986 Regulations implemented under the
Environmental protection, Chemicals, (EPCRA) (42 U.S.C. 11002, 11003, 11004, authority of ATCA, 16 U.S.C. 971 et
Disaster assistance, Hazardous 11045, 11047, 11048, and 11049). seq., and the Magnuson-Stevens Act, 16
substances, Hazardous waste, Natural U.S.C. 1801 et seq., governing the
§ 355.31 [Amended] harvest of swordfish by persons and
resources, Penalties, Reporting and
recordkeeping requirements, Superfund. ■ 5. Section 355.31 is amended by vessels subject to U.S. jurisdiction are
removing paragraphs (g) and (h). found at 50 CFR part 635. Section
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Document Created: 2018-08-01 01:23:43
Document Modified: 2018-08-01 01:23:43
| 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 August 1, 2018. | |
| Contact | Office of Emergency Management, mail code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460, Alison Kent (202) 564-7645, [email protected] or Sicy Jacob (202) 564-8019, [email protected]; or contact the EPCRA, RMP & Oil Information Center toll free at 1-800-424-9346 or (703) 348- 5070 in the Washington, DC area. The call center operates from 10:00 a.m. to 5:00 p.m. EST Monday through Friday, excluding Federal holidays. | |
| FR Citation | 83 FR 37444 | |
| RIN Number | 2050-AG66 | |
| CFR Citation | 40
CFR
302 40 CFR 355 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control; Water Supply; Disaster Assistance; Natural Resources and Penalties |
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