[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Rules and Regulations]
[Pages 65897-65901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26321]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 22
[EPA-HQ-OECA-2014-0551; FRL-9914-32-OECA]
RIN 2020-AA50
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This direct final rule revises the scope of the Environmental
[[Page 65898]]
Protection Agency's (EPA) Consolidated Rules of Practice governing the
administrative assessment of civil penalties to encompass the
assessment of civil penalties under the air pollution control
provisions of the Act to Prevent Pollution from Ships. The EPA has not
previously established adjudicatory procedures for the assessment of
civil penalties under that statute. Establishment of such procedures
will provide for the efficient and effective adjudication, including
administrative appeals, of such proceedings consistent with statutory
requirements. This rule also revises the address for the Environmental
Appeals Board to reflect its relocation to the William Jefferson
Clinton East Building.
DATES: This rule is effective on January 5, 2015 without further
notice, unless the EPA receives adverse comment by December 8, 2014. If
the EPA receives adverse comment, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2014-0551, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [[email protected].]
3. Fax: (202) 566-9744.
4. Mail: Environmental Protection Agency, OECA Docket, Mail-Code
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
5. Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 3334,
1301 Constitution Ave. NW., Washington, DC 20004. Attention Docket No.
EPA-HQ-OECA-2014-0551. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2014-0551. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov
your email address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, the EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about the EPA's public docket visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For
additional instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of this document.
Docket: 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., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or at the EPA Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OECA
Docket is (202) 566-1752.
FOR FURTHER INFORMATION CONTACT: Meetu Kaul, Office of Enforcement and
Compliance Assurance, U.S. Environmental Protection Agency, William
Jefferson Clinton Building South, Room 1117B, 1200 Pennsylvania Ave.
NW., Mail Code 2242A, Washington, DC 20460, phone number (202) 564-5472
or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final rule?
The EPA is publishing this rule in advance of receipt of public
comment on the companion proposed rule because the EPA anticipates that
this rule is noncontroversial and does not anticipate adverse comment.
In the ``Proposed Rules'' section of this Federal Register, the EPA is
publishing an otherwise identical companion proposed rule to invite
public comment on the provisions of this direct final rule. Any parties
interested in commenting on the provisions of the proposed rule must do
so at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document. If the EPA receives adverse
comment, the EPA will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. The EPA would address adverse comments received either in that
notice or in a subsequent final rule based on the proposed rule.
II. Does this action apply to me?
This action may affect parties involved in EPA administrative
adjudicatory proceedings for the assessment of civil penalties under
section 1908(b) of the Act to Prevent Pollution from Ships (33 U.S.C.
1908(b)). You may direct questions regarding the applicability of this
action as noted in FOR FURTHER INFORMATION CONTACT.
III. What should I consider as I prepare my comments for EPA?
A. Submitting CBI
Do not submit this information to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
[[Page 65899]]
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
IV. Summary of Rule
A. EPA's Consolidated Rules of Practice Governing Adjudication of
Administrative Penalty Assessments
The EPA is authorized to institute administrative enforcement
proceedings against alleged violators under a variety of environmental
statutes, including the Clean Air Act, the Clean Water Act, and the
Federal Insecticide, Fungicide, and Rodenticide Act, among others. Such
cases are generally heard by the Administrative Law Judges (ALJs)
within EPA's Office of Administrative Law Judges and by presiding
officers in administrative proceedings not governed by section 554 of
the Administrative Procedure Act. The federal regulations that govern
the proceedings before the ALJs and presiding officers are codified at
40 CFR Part 22, entitled ``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'' (Rules of Practice). The EPA promulgated the Rules of
Practice to establish uniform procedural rules for administrative
enforcement proceedings required to be held on the record after
opportunity for a hearing in accordance with section 554 of the
Administrative Procedure Act, 5 U.S.C. 551 et seq. The Rules of
Practice also establish uniform procedural rules for proceedings not
governed by section 554 of the Administrative Procedure Act.
Additionally, the Rules of Practice establish procedures for appeals
from decisions of the ALJs and presiding officers to the Environmental
Appeals Board. The purpose of this action is to apply the Rules of
Practice to include adjudicatory proceedings for the assessment of
civil penalties by the EPA under its Act to Prevent Pollution from
Ships authority. This rule also revises the mailing and hand delivery
address for the Environmental Appeals Board (EAB or Board) to reflect
the Board's relocation.
B. The Act To Prevent Pollution From Ships (APPS)
The International Convention for the Prevention of Pollution from
Ships (MARPOL) is the primary international treaty applicable to
prevention of pollution of the marine environment by ships from
operational or accidental causes. Annex VI to MARPOL addresses the
prevention of air pollution from ships through the use of both engine-
based and fuel-based standards. MARPOL is implemented in the United
States through the Act to Prevent Pollution from Ships (APPS), 33
U.S.C. 1901-1915. The provisions of APPS implementing certain
provisions of MARPOL Annex VI are jointly administered and enforced by
the U.S. Coast Guard and the EPA. Under the authority of APPS, the EPA,
in consultation with the U.S. Coast Guard, promulgated regulations
codifying the requirements specified in Regulations 13, 14 and 18 of
Annex VI and addressing issues, for example, relating to nonparty
vessel compliance. See 40 CFR Part 1043. Section 1907(f) of APPS
authorizes the EPA to enforce regulations 17 and 18 of Annex VI for
cases involving shoreside violations, and for any other matters that
have been referred to the EPA by the U.S. Coast Guard. In addition,
section 1908(b) of APPS authorizes the U.S. Coast Guard or the EPA to
assess civil penalties against persons who have been found, after
notice and an opportunity for a hearing, to have violated MARPOL, APPS,
or the implementing regulations. In order to provide consistency and
uniformity in all of EPA's administrative penalty proceedings, this
action would expand the scope of the EPA's Rules of Practice to also
apply to any administrative proceedings brought by the EPA under its
APPS authority for the assessment of civil penalties.
V. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory Planning and Review and 13563:
Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action will apply the Rules
of Practice to adjudicatory proceedings for the assessment of civil
penalties by the EPA under its Act to Prevent Pollution from Ships
authority, and will revise the mailing and hand delivery address for
the EAB to reflect the Board's relocation.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions. For purposes
of assessing the impacts of this rule on small entities, small entity
is defined as: (1) A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This rule will not
impose any additional requirements on small entities. This rule will
apply the Rules of Practice to adjudicatory proceedings for the
assessment of civil penalties by the EPA under its Act to Prevent
Pollution from Ships authority, and will revise the mailing and hand
delivery address for the EAB to reflect the Board's relocation.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action
[[Page 65900]]
is not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The purpose of this
action is to apply the Rules of Practice to adjudicatory proceedings
for the assessment of civil penalties by the EPA under its Act to
Prevent Pollution from Ships authority, and to revise the mailing and
hand delivery address for the EAB to reflect the Board's relocation.
E. Executive Order 13132: Federalism
This action does not have federalism implications. 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 responsibilities among the various levels of government, as
specified in Executive Order 13132. This action will apply the Rules of
Practice to adjudicatory proceedings for the assessment of civil
penalties by the EPA under its Act to Prevent Pollution from Ships
authority, and will revise the mailing and hand delivery address for
the EAB to reflect the Board's relocation. Thus, Executive Order 13132
does not apply to this action.
F. Executive Order 13175 Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will
apply the Rules of Practice to adjudicatory proceedings for the
assessment of civil penalties by the EPA under its Act to Prevent
Pollution from Ships authority, and will revise the mailing and hand
delivery address for the EAB to reflect the Board's relocation. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action will apply the Rules of Practice to
adjudicatory proceedings for the assessment of civil penalties by the
EPA under its Act to Prevent Pollution from Ships authority, and will
revise the mailing and hand delivery address for the EAB to reflect the
Board's relocation.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective 60 days after publication.
VI. Statutory Authority
Statutory authority for this action comes from 1903 and 1908 of the
Act to Prevent Pollution from Ships (APPS) (33 U.S.C. 1901 et seq.).
List of Subjects in 40 CFR Part 22
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Hazardous waste,
Penalties, Pesticides and pests, Poison prevention, Water pollution
control.
Dated: October 20, 2014.
Gina McCarthy,
Administrator.
For the reasons set out in the preamble, 40 CFR part 22 is amended
as follows:
PART 22--CONSOLIDATED RULES OF PRACTICE GOVERNING THE
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AND THE REVOCATION/
TERMINATION OR SUSPENSION OF PERMITS
0
1. The authority citation for part 22 continues to read as follows:
Authority: 7 U.S.C. 136(l); 15 U.S.C. 2615; 33 U.S.C. 1319,
1342, 1361, 1415 and 1418; 42 U.S.C. 300g-3(g), 6912, 6925, 6928,
6991e and 6992d; 42 U.S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and
7607(a), 9609, and 11045.
Subpart A--General
0
2. Section 22.1 is amended by adding paragraph (a)(11) to read as
follows:
Sec. 22.1 Scope of this part.
(a) * * *
(11) The assessment of any administrative civil penalty under
[[Page 65901]]
section 1908(b) of the Act To Prevent Pollution From Ships (``APPS''),
as amended (33 U.S.C. 1908(b)).
* * * * *
0
3. Section 22.3, paragraph (a), is amended by revising the definition
for ``Clerk of the Board'' to read as follows:
Sec. 22.3 Definitions.
(a) * * *
Clerk of the Board means an individual duly authorized to serve as
Clerk of the Environmental Appeals Board.
* * * * *
0
4. Section 22.5, paragraph (a)(1), is amended by revising the third
sentence to read as follows:
Sec. 22.5 Filing, service, and form of all filed documents; business
confidentiality claims.
(a) Filing of documents. (1) * * * Documents filed in proceedings
before the Environmental Appeals Board shall be sent to the Clerk of
the Board either by U.S. Mail (except by U.S. Express Mail) to U.S.
Environmental Protection Agency, Environmental Appeals Board, 1200
Pennsylvania Avenue NW., Mail Code 1103M, Washington, DC 20460-0001; or
delivered by hand or courier (including deliveries by U.S. Express Mail
or by a commercial delivery service) to U.S. Environmental Protection
Agency, Environmental Appeals Board, 1201 Constitution Avenue NW., WJC
East, Room 3332, Washington, DC 20004.* * *
* * * * *
Subpart F--Appeals and Administrative Review
0
5. Section 22.30, paragraph (a)(1), is amended by revising the first
sentence to read as follows:
Sec. 22.30 Appeal from or review of initial decision.
(a) Notice of appeal. (1) Within 30 days after the initial decision
is served, any party may appeal any adverse order or ruling of the
Presiding Officer by filing an original and one copy of a notice of
appeal and an accompanying appellate brief with the Environmental
Appeals Board as set forth in Sec. 22.5(a).* * *
* * * * *
[FR Doc. 2014-26321 Filed 11-5-14; 8:45 am]
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