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, 4598-4600 [2018-02055]
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
28, 2017 Executive Order entitled
‘‘Promoting Energy Independence and
Economic Growth.’’ (E. O. 13783).
Response: Under the CAA, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state actions, provided that
they meet the criteria of the CAA. The
EPA cannot consider disapproving a SIP
submission or require any changes
based on E. O. 13783.
III. Final Action
The EPA is re-approving the revised
Missoula Maintenance Plan submitted
on September 19, 2016. This
maintenance plan meets the applicable
CAA requirements, and we have
determined it is sufficient to provide for
maintenance of the 8-hour CO NAAQS
over the course of the second 10-year
maintenance period out to 2027. This
rule, which responds to the adverse
comment received, finalizes our
proposed approval of the revised section
of Montana’s SIP.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state actions,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves some state law
provisions as meeting federal
requirements; this action does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
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• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP does not apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 action
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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 2, 2018. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
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or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Reporting
and recordkeeping requirements.
Dated: January 24, 2018.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1373 is amended by
revising paragraph (d) to read as
follows:
■
§ 52.1373 Control strategy: Carbon
monoxide.
*
*
*
*
*
(d) Revisions to the Montana State
Implementation Plan, revised Carbon
Monoxide Maintenance Plan for
Missoula, as submitted by the Governor
on September 19, 2016 (as approved by
the EPA on February 1, 2018).
[FR Doc. 2018–01854 Filed 1–31–18; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency.
ACTION: Correcting amendments.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
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:
daltland on DSKBBV9HB2PROD with RULES
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
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Jkt 244001
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 § 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
§ 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
§ 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 § 124.19(i)(3)(ii) is confusing.
Removal of that word will not change
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4599
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
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.
2. In § 124.19:
a. Add paragraphs (b)(3) and (4).
b. Revise paragraph (i)(2) introductory
text and paragraph (i)(2)(iii).
■ c. Revise the third sentence of
paragraph (i)(3)(ii).
The addition and revisions read as
follows:
■
■
■
§ 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.
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01FER1
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Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations
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
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[DA 18–12]
Annual Adjustment of Civil Monetary
Penalties To Reflect Inflation
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Inflation
Adjustment Act) requires the Federal
Communications Commission to amend
its forfeiture penalty rules to reflect
SUMMARY:
annual adjustments for inflation in
order to improve their effectiveness and
maintain their deterrent effect. The 2015
Inflation Adjustment Act provides that
the new penalty levels shall apply to
penalties assessed after the effective
date of the increase, including when the
penalties whose associated violation
predate the increase.
DATES: Effective February 1, 2018.
FOR FURTHER INFORMATION CONTACT: Lisa
Gelb, Enforcement Bureau, 202–418–
1479.
This is a
summary of the Commission’s Order,
DA 18–12, adopted and released on
January 5, 2018. The document is
available for download at https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2018/db0105/DA-18-12A1.pdf.
The complete text of this document is
also available for inspection and
copying during normal business hours
in the FCC Reference Information
Center, Portals II, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
The Bipartisan Budget Act of 2015
included, as Section 701 thereto, the
2015 Inflation Adjustment Act, which
amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub.
L. 101–410), to improve the
effectiveness of civil monetary penalties
and maintain their deterrent effect.
Under the act, agencies are required to
make annual inflationary adjustments
by January 15 each year. The
adjustments are calculated pursuant to
Office of Management and Budget
(OMB) guidance. OMB issued guidance
on December 15, 2017, and this Order
follows that guidance. We therefore
update the civil monetary penalties set
forth in the Commission’s rules, to
reflect an annual inflation adjustment
that derives from OMB’s cost-of-living
multiplier of 1.02041.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
daltland on DSKBBV9HB2PROD with RULES
202(c) Common Carrier Discrimination ...........................................
203(e) Common Carrier Tariffs ........................................................
205(b) Common Carrier Prescriptions .............................................
214(d) Common Carrier Line Extensions ........................................
219(b) Common Carrier Reports .....................................................
220(d) Common Carrier Records & Accounts .................................
223(b) Dial-a-Porn ............................................................................
227(e) Caller Identification ...............................................................
Sec. 364(a) Forfeitures (Ships) ................................................................
VerDate Sep<11>2014
16:09 Jan 31, 2018
Jkt 244001
Congressional Review Act
The Commission will send a copy of
this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Penalties.
Federal Communications Commission.
Lisa S. Gelb,
Deputy Chief, Enforcement Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 1 as
follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1 is
revised to read as follows:
■
Authority: 47 U.S.C. 34–39, 151, 154(i),
154(j), 155, 157, 160, 201, 225, 227, 303, 309,
310, 332, 1403, 1404, 1451, 1452, 1455; 28
U.S.C. 2461 note.
Subpart A—General Rules of Practice
and Procedure
2. Section 1.80 is amended by revising
the table in Section III of the note to
paragraph (b)(8) and revising paragraph
(b)(9) to read as follows:
■
§ 1.80
Forfeiture proceedings.
*
*
*
*
*
(b) * * *
(8) * * *
Note to paragraph (b)(8) * * *
Section III. Non-Section 503
Forfeitures That Are Affected by the
Downward Adjustment Factors
*
*
*
*
*
Statutory amount
($)
Violation
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
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$11,784, $589/day.
$11,784, $589/day.
$23,566.
$2,356/day.
$2,356/day.
$11,784/day.
$122,110/day.
$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.
$9,819/day (owner).
Sfmt 4700
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]]>Agencies
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4598-4600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
[email protected].
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
