Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 65897 

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. 

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 

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. 

■ 2. A new temporary safety zone 

§ 165.T08–0419 is added to read as 

follows: 

§ 165.T08–0419 Safety Zone; University of 

Cincinnati Bearcats Football Fireworks; 

Ohio River, Mile 470.4–470.8, Cincinnati, 

OH. 

(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 

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 

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 


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65898 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 

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 http://www.epa.gov/

epahome/dockets.htm. For additional 

instructions on submitting comments, 

go to the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or at the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OECA Docket is (202) 

566–1752. 

FOR FURTHER INFORMATION CONTACT: 

Meetu Kaul, Office of Enforcement and 

Compliance Assurance, U.S. 

Environmental Protection Agency, 

William Jefferson Clinton Building 

South, Room 1117B, 1200 Pennsylvania 

Ave. NW., Mail Code 2242A, 

Washington, DC 20460, phone number 

(202) 564–5472 or by email at 

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. 


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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 

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 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). 

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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65900 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Rules and Regulations 

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 

■ 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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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. 

section 1908(b) of the Act To Prevent 

Pollution From Ships (‘‘APPS’’), as 

amended (33 U.S.C. 1908(b)). 

* * * * * 

■ 3. Section 22.3, paragraph (a), is 

amended by revising the definition for 

‘‘Clerk of the Board’’ to read as follows: 

§ 22.3 Definitions. 

(a) * * * 

Clerk of the Board means an 

individual duly authorized to serve as 

Clerk of the Environmental Appeals 

Board. 

* * * * * 

■ 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: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0169; FRL–9918–73– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County; 

Control of Outdoor Wood-Fired Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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: 

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 

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. 


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