83 FR 4598 - Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation/Termination or Suspension of Permits; Procedures for Decisionmaking; Correction
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 22 (February 1, 2018)
Federal Register Volume 83, Issue 22 (February 1, 2018)
| Page Range | 4598-4600 | |
| FR Document | 2018-02055 |
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)] [Rules and Regulations] [Pages 4598-4600] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02055] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 124 [FRL-9971-52-OARM] Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation/Termination or Suspension of Permits; Procedures for Decisionmaking; Correction AGENCY: Environmental Protection Agency. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) published a document in the Federal Register on January 9, 2017. That document revised filing and service requirements in permit appeal proceedings before the Environmental Appeals Board, but in doing so two subsections of the procedural rule were [[Page 4599]] inadvertently and unintentionally removed. This rule corrects that inadvertent removal as well as two other non-substantive typographical errors in the rule. DATES: This final rule correction is effective on February 1, 2018. FOR FURTHER INFORMATION CONTACT: Ammie Roseman-Orr, Environmental Appeals Board, U.S. Environmental Protection Agency, William Jefferson Clinton Building East, 1200 Pennsylvania Ave NW, Mail Code 1103M, Washington DC 20460-0001, phone number (202) 233-0122 or by email at roseman-orr.ammie@epa.gov. SUPPLEMENTARY INFORMATION: I. Why is the EPA issuing this rule in final form without first issuing a proposal? Today's final rule is limited to correcting a mistake to procedural requirements for administrative adjudicatory hearings and appeals from such hearings and from permit decisions. As an amendment to a procedural rule, this final rule itself is a procedural rule. Under the Administrative Procedure Act, an agency may issue ``rules of agency organization, procedure, or practice'' without first proposing such rules for public comment. 5 U.S.C. 553(b). Accordingly, public comment is not required. In addition, EPA has determined that this rule is effective immediately upon publication in the Federal Register. In general, Section 5 U.S.C. 553(d) requires that substantive rules not become effective less than 30 days after publication. However, this action involves not a substantive rule but a procedural rule. Moreover, the purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This action does not create any new regulatory requirements such that affected parties would need time to prepare before the actions take effect. To the contrary, this action merely corrects typographical errors and restores regulatory text that was inadvertently deleted thereby restoring the prior status quo. Furthermore, the absence of these provisions may result in confusion to parties as well as inefficiencies in the appeals process and thus it is in the public interest have the restoration of those provisions effective immediately. See 5 U.S.C. 553(d)(3). II. Does this action apply to me? This action affects parties involved in EPA administrative adjudicatory proceedings for the assessment of civil penalties, issuance of various compliance orders, and termination or suspension of certain permits, under part 22 of title 40 of the CFR. See 40 CFR 22.1. This action also affects parties involved in appeal of EPA permits under part 124 of title 40 of the CFR. III. Background The rule document published on January 9, 2017 (82 FR 2230), revised the filing and service procedures used in permit appeals to the Environmental Appeals Board. The EPA also revised 40 CFR 124.19(b)(1) and (2) so that the deadlines for filing a response to a petition for review are based on the date the petition for review is served, rather than the date it is filed. Subsections (3) and (4) were intended to remain unchanged but were inadvertently removed from the rule. Additionally, in Sec. 124.19(i)(2)(iii), the address for delivery by hand or courier to the Environmental Appeals Board incorrectly identifies the room number as 3334 when the actual room number is 3332 and language regarding methods of delivery by hand or courier was inadvertently omitted. Finally, the language in Sec. 124.19(i)(3)(ii) revising the service requirements to allow for service by email inadvertently contains an extra ``or'' that does not belong so that this provision of the rule now reads: ``Service must be by first class U.S. mail, by any reliable commercial delivery service, or, if agreed to by the parties, by facsimile or other electronic means, including but not necessarily limited to or email.'' Removal of the last ``or'' will make the sentence clearer. IV. Need for Correction As published on January 9, 2017 (82 FR 2230), the final regulation contains an error that resulted in the inadvertent removal of two procedural provisions that govern the participation of permit applicants, State, and Tribal Authorities in permit proceedings before the Environmental Appeals Board. The absence of these provisions may result in confusion to parties and inefficiencies in the appeals process and thus these provisions need to be reinstated. Additionally, revising the Environmental Appeals Board's address for delivery by hand or courier in Sec. 124.19(i)(2)(iii) to reflect the correct room number and to include methods of delivery by hand or courier will avoid potential confusion. Finally, the superfluous ``or'' in the third sentence of Sec. 124.19(i)(3)(ii) is confusing. Removal of that word will not change the meaning of the sentence and will make the provision clearer. List of Subjects in 40 CFR Part 124 Environmental protection, Administrative practice and procedures. Dated: January 22, 2018. Donna J. Vizian, Principal Deputy Assistant Administrator, Office of Administration and Resources Management. Accordingly, 40 CFR part 124 is corrected as follows: PART 124--PROCEDURES FOR DECISIONMAKING 0 1. The authority citation for part 124 continues to read as follows: Authority: Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; Safe Drinking Water Act, 42 U.S.C. 300f et. seq.; Clean Water Act, 33 U.S.C. 1251 et. seq.; Clean Air Act, 42 U.S.C. 7401 et. seq. 0 2. In Sec. 124.19: 0 a. Add paragraphs (b)(3) and (4). 0 b. Revise paragraph (i)(2) introductory text and paragraph (i)(2)(iii). 0 c. Revise the third sentence of paragraph (i)(3)(ii). The addition and revisions read as follows: Sec. 124.19 Appeal of RCRA, UIC, NPDES and PSD Permits. * * * * * (b) * * * (3) A permit applicant who did not file a petition but who wishes to participate in the appeal process must file a notice of appearance and a response to the petition. Such documents must be filed by the deadlines provided in paragraph (b)(1) or (2) of this section, as appropriate. (4) The State or Tribal authority where the permitted facility or site is or is proposed to be located (if that authority is not the permit issuer) must also file a notice of appearance and a response if it wishes to participate in the appeal. Such response must be filed by the deadlines provided in paragraph (b)(1) or (2) of this section, as appropriate. * * * * * (i) * * * (2) Method of filing. Unless otherwise permitted under these rules, documents must be filed either by using the Environmental Appeals Board's electronic filing system, by U.S. mail, or by hand delivery or courier (including delivery by U.S. Express Mail or by a commercial delivery service). In addition, a motion or a response to a motion may be submitted by facsimile if the submission contains no attachments. [[Page 4600]] Upon filing a motion or response to a motion by facsimile, the sender must, within one business day, submit the original copy to the Clerk of the Environmental Appeals Board either electronically, by mail, or by hand delivery or courier. The Environmental Appeals Board may by order require filing by facsimile or the Board's electronic filing system, subject to any appropriate conditions and limitations. * * * * * (iii) Filing by hand delivery or courier. Documents delivered by hand or courier (including deliveries by U.S. Express Mail or by a commercial delivery service) must be delivered to the Clerk of the Environmental Appeals Board at: U.S. Environmental Protection Agency, Environmental Appeals Board, WJC East Building, 1201 Constitution Avenue NW, Room 3332, Washington, DC 20004. (3) * * * (ii) Service requirements for parties. * * * Service must be by first class U.S. mail, by any reliable commercial delivery service, or, if agreed to by the parties, by facsimile or other electronic means, including but not necessarily limited to email. * * * * * * * * [FR Doc. 2018-02055 Filed 1-31-18; 8:45 am] BILLING CODE 6560-50-P
![4598 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
28, 2017 Executive Order entitled • Does not have federalism or action. This action may not be
‘‘Promoting Energy Independence and implications as specified in Executive challenged later in proceedings to
Economic Growth.’’ (E. O. 13783). Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA
Response: Under the CAA, the 1999); section 307(b)(2).)
Administrator is required to approve a • Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52
SIP submission that complies with the
provisions of the Act and applicable safety risks subject to Executive Order Environmental protection, Air
federal regulations. 42 U.S.C. 7410(k); 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide,
40 CFR 52.02(a). Thus, in reviewing SIP • Is not a significant regulatory action Incorporation by reference, Reporting
submissions, the EPA’s role is to subject to Executive Order 13211 (66 FR and recordkeeping requirements.
approve state actions, provided that 28355, May 22, 2001);
they meet the criteria of the CAA. The • Is not subject to requirements of Dated: January 24, 2018.
section 12(d) of the National Debra H. Thomas,
EPA cannot consider disapproving a SIP
Technology Transfer and Advancement Acting Regional Administrator, Region 8.
submission or require any changes
based on E. O. 13783. Act of 1995 (15 U.S.C. 272 note) because 40 CFR part 52 is amended as follows:
application of those requirements would
III. Final Action be inconsistent with the Clean Air Act; PART 52—APPROVAL AND
The EPA is re-approving the revised and PROMULGATION OF
• Does not provide the EPA with the IMPLEMENTATION PLANS
Missoula Maintenance Plan submitted
discretionary authority to address, as
on September 19, 2016. This ■ 1. The authority citation for part 52
appropriate, disproportionate human
maintenance plan meets the applicable continues to read as follows:
health or environmental effects, using
CAA requirements, and we have
practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
determined it is sufficient to provide for
methods, under Executive Order 12898
maintenance of the 8-hour CO NAAQS
(59 FR 7629, February 16, 1994). Subpart BB—Montana
over the course of the second 10-year In addition, the SIP does not apply on
maintenance period out to 2027. This any Indian reservation land or in any ■ 2. Section 52.1373 is amended by
rule, which responds to the adverse other area where the EPA or an Indian revising paragraph (d) to read as
comment received, finalizes our tribe has demonstrated that a tribe has follows:
proposed approval of the revised section jurisdiction. In those areas of Indian
of Montana’s SIP. § 52.1373 Control strategy: Carbon
country, the rule does not have tribal monoxide.
IV. Statutory and Executive Order implications and will not impose
* * * * *
Reviews substantial direct costs on tribal (d) Revisions to the Montana State
governments or preempt tribal law as Implementation Plan, revised Carbon
Under the CAA, the Administrator is specified by Executive Order 13175 (65
required to approve a SIP submission Monoxide Maintenance Plan for
FR 67249, November 9, 2000). Missoula, as submitted by the Governor
that complies with the provisions of the The Congressional Review Act, 5
Act and applicable federal regulations. on September 19, 2016 (as approved by
U.S.C. 801 et seq., as added by the Small
42 U.S.C. 7410(k); 40 CFR 52.02(a). the EPA on February 1, 2018).
Business Regulatory Enforcement
Thus, in reviewing SIP submissions, the Fairness Act of 1996, generally provides [FR Doc. 2018–01854 Filed 1–31–18; 8:45 am]
EPA’s role is to approve state actions, that before a rule may take effect, the BILLING CODE 6560–50–P
provided that they meet the criteria of agency promulgating the rule must
the CAA. Accordingly, this action submit a rule report, which includes a
merely approves some state law copy of the rule, to each House of the ENVIRONMENTAL PROTECTION
provisions as meeting federal Congress and to the Comptroller General AGENCY
requirements; this action does not of the United States. The EPA will
impose additional requirements beyond 40 CFR Part 124
submit a report containing this action
those imposed by state law. For that and other required information to the [FRL–9971–52–OARM]
reason, this action: U.S. Senate, the U.S. House of
• Is not a significant regulatory action Representatives, and the Comptroller Consolidated Rules of Practice
subject to review by the Office of General of the United States prior to Governing the Administrative
Management and Budget under publication of the rule in the Federal Assessment of Civil Penalties,
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect Issuance of Compliance or Corrective
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the Action Orders, and the Revocation/
January 21, 2011); Federal Register. This action is not a Termination or Suspension of Permits;
• Does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. Procedures for Decisionmaking;
collection burden under the provisions 804(2). Correction
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, AGENCY: Environmental Protection
U.S.C. 3501 et seq.); petitions for judicial review of this Agency.
• Is certified as not having a action must be filed in the United States ACTION: Correcting amendments.
significant economic impact on a Court of Appeals for the appropriate
substantial number of small entities circuit by April 2, 2018. Filing a petition SUMMARY: The Environmental Protection
under the Regulatory Flexibility Act (5 for reconsideration by the Administrator Agency (EPA) published a document in
daltland on DSKBBV9HB2PROD with RULES
U.S.C. 601 et seq.); of this final rule does not affect the the Federal Register on January 9, 2017.
• Does not contain any unfunded finality of this action for the purposes of That document revised filing and
mandate or significantly or uniquely judicial review nor does it extend the service requirements in permit appeal
affect small governments, as described time within which a petition for judicial proceedings before the Environmental
in the Unfunded Mandates Reform Act review may be filed, and shall not Appeals Board, but in doing so two
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule subsections of the procedural rule were
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![4600 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
Upon filing a motion or response to a annual adjustments for inflation in does not contain any new or modified
motion by facsimile, the sender must, order to improve their effectiveness and information collection burden for small
within one business day, submit the maintain their deterrent effect. The 2015 business concerns with fewer than 25
original copy to the Clerk of the Inflation Adjustment Act provides that employees, pursuant to the Small
Environmental Appeals Board either the new penalty levels shall apply to Business Paperwork Relief Act of 2002,
electronically, by mail, or by hand penalties assessed after the effective Public Law 107–198, see 44 U.S.C.
delivery or courier. The Environmental date of the increase, including when the 3506(c)(4).
Appeals Board may by order require penalties whose associated violation
Congressional Review Act
filing by facsimile or the Board’s predate the increase.
electronic filing system, subject to any DATES: Effective February 1, 2018. The Commission will send a copy of
appropriate conditions and limitations. FOR FURTHER INFORMATION CONTACT: Lisa
this Order to Congress and the
* * * * * Gelb, Enforcement Bureau, 202–418– Government Accountability Office
(iii) Filing by hand delivery or courier. 1479. pursuant to the Congressional Review
Documents delivered by hand or courier Act, see 5 U.S.C. 801(a)(1)(A).
(including deliveries by U.S. Express SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, List of Subjects in 47 CFR Part 1
Mail or by a commercial delivery
service) must be delivered to the Clerk DA 18–12, adopted and released on Administrative practice and
of the Environmental Appeals Board at: January 5, 2018. The document is procedure, Penalties.
U.S. Environmental Protection Agency, available for download at http://
Federal Communications Commission.
Environmental Appeals Board, WJC East transition.fcc.gov/Daily_Releases/Daily_
Lisa S. Gelb,
Building, 1201 Constitution Avenue Business/2018/db0105/DA-18-12A1.pdf.
The complete text of this document is Deputy Chief, Enforcement Bureau.
NW, Room 3332, Washington, DC
20004. also available for inspection and Final Rules
(3) * * * copying during normal business hours
in the FCC Reference Information For the reasons discussed in the
(ii) Service requirements for parties. preamble, the Federal Communications
* * * Service must be by first class U.S. Center, Portals II, 445 12th Street SW,
Room CY–A257, Washington, DC 20554. Commission amends 47 CFR part 1 as
mail, by any reliable commercial follows:
delivery service, or, if agreed to by the The Bipartisan Budget Act of 2015
parties, by facsimile or other electronic included, as Section 701 thereto, the PART 1—PRACTICE AND
means, including but not necessarily 2015 Inflation Adjustment Act, which PROCEDURE
limited to email. * * * amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. ■ 1. The authority citation for part 1 is
* * * * *
[FR Doc. 2018–02055 Filed 1–31–18; 8:45 am]
L. 101–410), to improve the revised to read as follows:
effectiveness of civil monetary penalties
BILLING CODE 6560–50–P Authority: 47 U.S.C. 34–39, 151, 154(i),
and maintain their deterrent effect. 154(j), 155, 157, 160, 201, 225, 227, 303, 309,
Under the act, agencies are required to 310, 332, 1403, 1404, 1451, 1452, 1455; 28
make annual inflationary adjustments U.S.C. 2461 note.
FEDERAL COMMUNICATIONS by January 15 each year. The
COMMISSION adjustments are calculated pursuant to Subpart A—General Rules of Practice
47 CFR Part 1 Office of Management and Budget and Procedure
(OMB) guidance. OMB issued guidance
[DA 18–12] on December 15, 2017, and this Order ■ 2. Section 1.80 is amended by revising
follows that guidance. We therefore the table in Section III of the note to
Annual Adjustment of Civil Monetary update the civil monetary penalties set paragraph (b)(8) and revising paragraph
Penalties To Reflect Inflation forth in the Commission’s rules, to (b)(9) to read as follows:
AGENCY: Federal Communications reflect an annual inflation adjustment
§ 1.80 Forfeiture proceedings.
Commission. that derives from OMB’s cost-of-living
multiplier of 1.02041. * * * * *
ACTION: Final rule.
(b) * * *
SUMMARY: The Federal Civil Penalties Paperwork Reduction Act (8) * * *
Inflation Adjustment Act Improvements This document does not contain new Note to paragraph (b)(8) * * *
Act of 2015 (the 2015 Inflation or modified information collection Section III. Non-Section 503
Adjustment Act) requires the Federal requirements subject to the Paperwork Forfeitures That Are Affected by the
Communications Commission to amend Reduction Act of 1995 (PRA), Public Downward Adjustment Factors
its forfeiture penalty rules to reflect Law 104–13. In addition, therefore, it * * * * *
Statutory amount
Violation ($)
Sec. 202(c) Common Carrier Discrimination ........................................... $11,784, $589/day.
Sec. 203(e) Common Carrier Tariffs ........................................................ $11,784, $589/day.
Sec. 205(b) Common Carrier Prescriptions ............................................. $23,566.
Sec. 214(d) Common Carrier Line Extensions ........................................ $2,356/day.
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Sec. 219(b) Common Carrier Reports ..................................................... $2,356/day.
Sec. 220(d) Common Carrier Records & Accounts ................................. $11,784/day.
Sec. 223(b) Dial-a-Porn ............................................................................ $122,110/day.
Sec. 227(e) Caller Identification ............................................................... $11,278/violation.
$33,833/day for each day of continuing violation, up to $1,127,799 for
any single act or failure to act.
Sec. 364(a) Forfeitures (Ships) ................................................................ $9,819/day (owner).
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Document Created: 2018-10-26 13:48:40
Document Modified: 2018-10-26 13:48:40
| 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 | Correcting amendments. | |
| Dates | This final rule correction is effective on February 1, 2018. | |
| Contact | Ammie Roseman-Orr, Environmental Appeals Board, U.S. Environmental Protection Agency, William Jefferson Clinton Building East, 1200 Pennsylvania Ave NW, Mail Code 1103M, Washington DC 20460-0001, phone number (202) 233-0122 or by email at [email protected] | |
| FR Citation | 83 FR 4598 | |
| CFR Associated | Environmental Protection and Administrative Practice and Procedures |
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