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, 65897-65901 [2014-26321]
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Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
With Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, 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.
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12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a temporary safety
zone to protect persons and property
from potential hazards associated with
the scheduled University of Cincinnati
Bearcats Football Fireworks taking place
on or over the Ohio River. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
65897
following dates: September 12 and 20;
October 4 and 24; November 13; and
December 6, 2014. For purposes of
enforcement, actual notice will be given
beginning September 12, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, movement within,
or departure from this zone is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(2) Persons or vessels requiring entry
into, departure from, or movement
within a regulated area must request
permission from the Captain of the Port
Ohio Valley or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
(d) Informational broadcasts. The
COTP Ohio Valley or a designated
representative will inform the public
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or
Marine Safety Information Bulletins as
appropriate of the enforcement period
for each safety zone as well as any
changes in the planned and published
dates and times of enforcement.
Dated: September 9, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–26427 Filed 11–5–14; 8:45 am]
BILLING CODE 9110–04–P
2. A new temporary safety zone
§ 165.T08–0419 is added to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T08–0419 Safety Zone; University of
Cincinnati Bearcats Football Fireworks;
Ohio River, Mile 470.4–470.8, Cincinnati,
OH.
[EPA–HQ–OECA–2014–0551; FRL–9914–
32–OECA]
■
(a) Location. The following area is a
temporary safety zone: All waters of the
Ohio River, surface to bottom, from mile
470.4 to mile 470.8 on the Ohio River
at Cincinnati, Ohio. These markings are
based on the United States Army Corps
of Engineers’ Ohio River Navigation
Charts (Chart 115 June 2010).
(b) Effective dates and enforcement
periods. This safety zone is effective
from September 12, 2014 through
December 6, 2014, and will be enforced
from 9:30 p.m. to 11:30 p.m. on the
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40 CFR Part 22
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
This direct final rule revises
the scope of the Environmental
SUMMARY:
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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: [docket.oeca@epa.gov.]
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
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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 https://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
kaul.meetu@epa.gov.
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
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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.
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• 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
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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
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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 enginebased 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).
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65899
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-forprofit 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
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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.
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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.
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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.
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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
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
2. Section 22.1 is amended by adding
paragraph (a)(11) to read as follows:
■
§ 22.1
Scope of this part.
(a) * * *
(11) The assessment of any
administrative civil penalty under
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section 1908(b) of the Act To Prevent
Pollution From Ships (‘‘APPS’’), as
amended (33 U.S.C. 1908(b)).
*
*
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*
*
ENVIRONMENTAL PROTECTION
AGENCY
■
3. Section 22.3, paragraph (a), is
amended by revising the definition for
‘‘Clerk of the Board’’ to read as follows:
[EPA–R03–OAR–2014–0169; FRL–9918–73–
Region 3]
§ 22.3
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County;
Control of Outdoor Wood-Fired Boilers
40 CFR Part 52
Definitions.
(a) * * *
Clerk of the Board means an
individual duly authorized to serve as
Clerk of the Environmental Appeals
Board.
*
*
*
*
*
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
4. Section 22.5, paragraph (a)(1), is
amended by revising the third sentence
to read as follows:
■
§ 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
5. Section 22.30, paragraph (a)(1), is
amended by revising the first sentence
to read as follows:
■
rmajette on DSK2TPTVN1PROD with RULES
§ 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
§ 22.5(a).* * *
*
*
*
*
*
[FR Doc. 2014–26321 Filed 11–5–14; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
15:26 Nov 05, 2014
Jkt 235001
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania pertaining to the control
of particulate matter (PM) emissions
from the operation of outdoor woodfired boilers (OWBs) in Allegheny
County. EPA is approving this revision
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
December 8, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0169. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., 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 for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the Commonwealth’s
submittal are available at the Allegheny
County Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On August 5, 2014, EPA published a
notice of proposed rulemaking (NPR)
proposing approval of a revision to the
Allegheny County portion of the
Pennsylvania SIP for the control of PM
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
65901
from the operation of OWBs in
Allegheny County. 79 FR 45395. The
formal SIP revision was submitted on
January 15, 2014 by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of Allegheny County.
In the NPR, EPA proposed approval of
the SIP revision because EPA’s review
of the revision indicated that the
regulations submitted would reduce
problems associated with the operation
of OWBs, including smoke and burning
prohibited fuels, including garbage,
tires, and hazardous waste. Id. at 45396.
II. Summary of SIP Revision
The SIP revision consists of: (1)
adding Section 2104.09 (Outdoor WoodFired Boiler) to Article XXI, ‘‘Air
Pollution Control Rules and
Regulations’’; and (2) adding new
related definitions to Section 2101.20
(Definitions) of Article XXI. Section
2104.09 contains the requirements
pertaining to the sale, manufacture,
installation, and operation of OWBs in
Allegheny County. The specific
requirements pertaining to the
regulation of OWBs in Allegheny
County, as well as EPA’s rationale for
approving these changes, are explained
in the NPR and the accompanying
Technical Support Document (TSD) and
will not be restated here. These
documents are contained in the
electronic docket available online at
www.regulations.gov, Docket number
EPA–R03–OAR–2014–0169.1
III. Public Comments
EPA received two sets of comments
on the August 5, 2014 NPR proposing
approval of Allegheny County’s January
15, 2014 SIP submission for control of
OWBs in the County. A full set of
comments is provided in the docket for
this final rulemaking action. A summary
of each comment and EPA’s response is
provided in this section.
A. Clean Air Council Comments
Comment: Clean Air Council (CAC)
urges EPA to disapprove the proposed
SIP revision based on several factors
and states that an outright ban on OWBs
in Allegheny County is appropriate
asserting, ‘‘greater action is necessary to
sufficiently protect residents from
harmful wood smoke’’ from OWBs.
Specifically, CAC states that an outright
ban of OWBs in Allegheny County is
appropriate given the local terrain,
proximity of neighbors, and magnitude
of other emissions in the Allegheny
County airshed.
1 In the TSD, EPA stated that the SIP revision
would reduce emissions of fine particulate matter
(PM2.5) from OWBs which would promote benefits
such as improved visibility.
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Rules and Regulations]
[Pages 65897-65901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26321]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: [docket.oeca@epa.gov.]
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 https://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 kaul.meetu@epa.gov.
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]
BILLING CODE 6560-50-P
