[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48544-48546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20856]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 6

[FRL-9984-09-OP]


Amendment of the NEPA Official Under Procedures for Implementing 
the National Environmental Policy Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule amends the Environmental Protection Agency's 
(``EPA'') responsibility of the NEPA Official under its existing 
regulations for ``Implementing the National Environmental Policy Act 
and Assessing the Environmental Effects Abroad of EPA Actions.'' This 
amendment is a result of an agency reorganization that only impacts a 
title change of the designated NEPA Official under the existing 
regulations. This amendment is procedural in nature and none of these 
changes are intended to substantively alter the Agency's compliance 
with the National Environmental Policy Act for the EPA's actions.

DATES: This final rule is effective on September 26, 2018.

FOR FURTHER INFORMATION CONTACT: Jessica Trice, Office of Federal 
Activities, NEPA Compliance Division (MC 2252A), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: (202) 564-6646; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is organized according to the following 
outline:

I. General Information
    A. Why is the EPA issuing this rule in final form without first 
issuing a proposal?
    B. Does this action apply to me?
    C. Statutory Authority
    D. Background
II. EPA's Final Action
III. Statutory and Executive Order Reviews

[[Page 48545]]

I. General Information

A. Why is the EPA issuing this rule in final form without first issuing 
a proposal?

    This final rule is limited to a procedural change in title of the 
designated NEPA Official under existing regulations as a result of an 
agency reorganization. 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.

B. Does this action apply to me?

    This action affects only two agency officials associated with 
responsibilities for EPA's NEPA compliance due to the reorganization of 
the Office of Federal Activities within the EPA. The agency officials 
affected include the Assistant Administrator for the Office of 
Enforcement and Compliance and the Associate Administrator for the 
Office of Policy.

C. Statutory Authority

    The National Environmental Policy Act (NEPA) establishes the 
federal government's national policy for protection of the environment 
(42 U.S.C. 4321-75). The Council on Environmental Quality's (CEQ) 
regulations at 40 CFR parts 1500 through 1508 establish procedures 
implementing this national policy. The CEQ's regulations (40 CFR 
1505.1) require federal agencies to adopt and, as needed, revise their 
own NEPA implementing procedures to supplement the CEQ regulations and 
to ensure their decision-making processes are consistent with NEPA. The 
EPA is taking this action--changing the title of the designated NEPA 
Official under existing regulations as a result of an agency 
reorganization--under the authority of 5 U.S.C. 301.

D. Background

    The EPA established regulations for implementing NEPA and Executive 
Order 12114, ``Environmental Effects Abroad of Major Federal Actions,'' 
titled ``Procedures for Implementing the National Environmental Policy 
Act and Assessing the Environmental Effects Abroad of EPA Actions'' (40 
CFR part 6). Title 40 CFR 6.102 of the Agency's current regulations 
provide additional definitions applicable to 40 CFR part 6, subparts A 
through C, including the designation of the Assistant Administrator for 
Enforcement and Compliance Assurance as the EPA's ``NEPA Official.'' 
The NEPA Official is responsible for the EPA's compliance with NEPA. 
The Office of Federal Activities, historically within the Office of 
Enforcement and Compliance Assurance, provides support and guidance to 
the designated NEPA Official regarding the EPA's compliance with NEPA. 
Effective on April 29, 2018, an agency reorganization moved the Office 
of Federal Activities from the Office of Enforcement and Compliance 
Assurance to the Office of Policy within the Office of the 
Administrator.

II. EPA's Final Action

    As a result of the reorganization, this final Agency rule 
implements a procedural change that amends the title of the designated 
NEPA Official under existing regulations from the Assistant 
Administrator for Enforcement and Compliance Assurance to the Associate 
Administrator for the Office of Policy. This amendment is procedural in 
nature and none of these changes are intended to substantively alter 
the Agency's compliance with NEPA for the EPA's actions.

III. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Review and 13563: 
Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it is limited to agency organization, management, 
or personnel matters.

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

    This action does not impose an information collection burden under 
the PRA.

D. Regulatory Flexibility Act

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedures Act (APA), 5 U.S.C. 553, or any other 
statute. This rule pertains to agency management or personnel, which 
the APA expressly exempts from notice and comment rulemaking 
requirements under 5 U.S.C. 553(a)(2).

E. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
the Unfunded Mandates Reform Act, 2 U.S.C. 1531-38, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effect on 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 action implements a procedural change to 
the title of the designated NEPA Official under existing regulations. 
Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health 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

    The action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer Advancement Act

    This 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 does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 48546]]

This action implements a procedural change to the title of the 
designated NEPA Official under existing regulations.

L. Congressional Review Act

    This rule is exempt from the CRA because it is a rule relating to 
agency management or personnel.

List of Subjects in 40 CFR Part 6

    Environmental protection, Environmental impact statements, Foreign 
relations, Grant programs, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

    Dated: September 13, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set forth in the preamble, the Environmental 
Protection Agency amends 40 CFR part 6 as follows:

PART 6--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA 
ACTIONS

0
1. The authority citation for part 6 is revised to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; also 40 CFR parts 1500 
through 1508, unless otherwise noted.


0
2. Section 6.102 is amended by revising paragraph (b)(8) to read as 
follows:


Sec.  6.102  Definitions.

* * * * *
    (b) * * *
    (8) NEPA Official is the Associate Administrator for the Office of 
Policy, who is responsible for EPA's NEPA compliance.
* * * * *
[FR Doc. 2018-20856 Filed 9-25-18; 8:45 am]
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