88650 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or (215) 271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) No vessel authorized to enter or 

remain in the zone may take on bunkers 

or conduct lightering operations within 

the safety zone during its enforcement 

period. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. (1) The safety zone 

created by this section will be enforced 

only upon issuance of a Broadcast 

Notice to Mariners (BNM) by the COTP 

or the COTP’s representative, as well as 

on-scene notice or other appropriate 

means in accordance with § 165.7. 

(2) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

Dated: November 4, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Delaware Bay. 

[FR Doc. 2024–25958 Filed 11–7–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 257 

[EPA–HQ–OLEM–2020–0107; FRL–7814.1– 

02–OLEM] 

RIN 2050–AH34 

Hazardous and Solid Waste 

Management System: Disposal of Coal 

Combustion Residuals From Electric 

Utilities; Legacy CCR Surface 

Impoundments; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is taking 

direct final action to correct three errors 

published in the Federal Register on 

May 8, 2024. This May 8, 2024 rule 

(Legacy Final Rule) established 

regulatory requirements for legacy coal 

combustion residuals (CCR) surface 

impoundments and CCR management 

units, among other things, under the 

Resource Conservation and Recovery 

Act (RCRA). This document makes clear 

that the effective date of the Legacy 

Final Rule is November 8, 2024 and 

corrects inadvertent deletions in the 

existing 2015 regulatory text. 

DATES: This rule is effective on February 

6, 2025 without further notice unless 

EPA receives adverse comment by 

December 9, 2024. If EPA receives 

adverse comment, the Agency will 

publish a timely withdrawal in the 

Federal Register informing the public 

about the specific regulatory paragraph 

or amendment that will not take effect. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OLEM–2020–0107. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Holt, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, MC: 5304T, Washington, DC 

20460; telephone number: (202) 566– 

1439; email address: Holt.Taylor@

epa.gov, or Frank Behan, Office of 

Resource Conservation and Recovery, 

Materials Recovery and Waste 

Management Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, MC: 5304T, Washington, 

DC 20460; telephone number: (202) 

566–0531; email address: Behan.Frank@

epa.gov. For more information on this 

rulemaking, please visit https:// 

www.epa.gov/coalash. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final 

rule? 

EPA is publishing this rule without a 

prior proposed rule because EPA views 

this as a noncontroversial action and 

anticipates no adverse comment since 

the amendments merely correct errors in 

the Legacy Final Rule. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register publication, EPA is 

publishing a separate document that 

will serve as the proposed rule to adopt 

the provisions in this direct final rule if 

adverse comments are received on this 

direct final rule. The Agency will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of the proposed rule document. 

If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public about the specific regulatory 

paragraph(s) or amendment(s) that will 

not take effect. The corrections that are 

not withdrawn will become effective on 

the date set out above. EPA would 

address all public comments in any 

subsequent final rule based on the 

comments and new information 

submitted in response to the proposed 

rule. 

In light of the narrow purpose of this 

rule to conform the regulatory text to the 

final actions described in the Legacy 

Final Rule, EPA is only soliciting 

comment on whether the changes in this 

direct final rule conform the text to 

EPA’s stated intent in the Legacy Final 

Rule preamble. EPA is not 

reconsidering, proposing to reopen, or 

otherwise soliciting comment on any 

provisions of the Legacy Final Rule 

itself. For the reader’s convenience, EPA 

has provided a background description 

of individual provisions in the Legacy 

Final Rule in several places throughout 

this preamble. These descriptions do 

not reopen the underlying described 

provisions, but merely explain the 

context to inform the public of the basis 

for this action’s technical corrections. 

EPA will not respond to comments 

submitted on any issues other than 

those specifically identified in this 

action, and such comments will not be 

considered part of the rulemaking 

record. 

II. General Information 

A. Does this action apply to me? 

This rule may be of interest to electric 

utilities and independent power 

producers that fall within the North 

American Industry Classification 

System (NAICS) code 221112. The 

reference to NAICS code 221112 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

entities likely to be regulated by this 

action. This discussion lists the types of 

entities that EPA is now aware could 

potentially be regulated by this action. 

Other types of entities not described 

here could also be regulated. To 

determine whether your entity is 

regulated by this action, you should 

carefully examine the applicability 

criteria found in 40 CFR 257.50 of title 

40 of the Code of Federal Regulations. 

If you have questions regarding the 

applicability of this action to a 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 88651 

1Amendatory instructions are the specific 

instructions the Agency provides to the Office of 

the Federal Register on how to amend the 

regulatory text. 

2Preamble references to an effective date of 

November 8, 2024 occur at 89 FR 39005, 39015 and 

39016. Regulatory text references to November 8, 

2024 are found at 89 FR 39105 through 39108, and 

39110. 

3Amendatory instructions are the specific 

instructions the Agency provides to the Office of 

the Federal Register on how to amend the 

regulatory text. 

particular entity, consult the persons 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What action is the agency taking? 

EPA is correcting errors in the Legacy 

Final Rule published in the Federal 

Register on May 8, 2024, which 

established regulatory requirements for 

legacy CCR surface impoundments and 

CCR management units (CCRMU). 

C. What is the agency’s authority for 

taking this action? 

EPA is publishing this rule under the 

authority of sections 1008(a)(3), 2002(a), 

4004, and 4005(a), (d) of the Solid Waste 

Disposal Act of 1970, as amended by the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended by the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA) and the 

Water Infrastructure Improvements for 

the Nation (WIIN) Act of 2016, 42 U.S.C. 

6907(a), 6912(a), 6944, 6945(a) and (d). 

III. Background 

On April 17, 2015, EPA issued 

national minimum criteria for the 

disposal of CCR as solid waste under 

subtitle D of RCRA (80 FR 21302) (2015 

CCR Rule or CCR regulations). The 2015 

CCR Rule, codified in subpart D of part 

257 of Title 40 of the Code of Federal 

Regulations, established regulations for 

existing and new CCR landfills, existing 

and new CCR surface impoundments, 

and all lateral expansions of these CCR 

units. The 2015 CCR Rule also imposed 

requirements on inactive surface 

impoundments at active facilities but 

exempted inactive surface 

impoundments at inactive facilities. On 

August 21, 2018, the U.S. Court of 

Appeals for the District of Columbia 

Circuit vacated and remanded the 

provision that exempted inactive 

impoundments at inactive facilities 

from the CCR regulations. Utility Solid 

Waste Activities Group, et al. v. EPA 

(USWAG) 901 F.3d 414 (D.C. Cir. 2018). 

On May 8, 2024, EPA published the 

Legacy Final Rule regulating inactive 

surface impoundments at inactive 

facilities (legacy CCR surface 

impoundments or legacy 

impoundments) under 40 CFR part 257, 

subpart D. (89 FR 38950). In addition, 

the final rule established requirements 

to address the risks from solid waste 

management activities involving the 

direct placement of CCR on the land 

that was exempt from regulation under 

the 2015 CCR Rule. This included 

inactive CCR landfills, and CCR surface 

impoundments and landfills that closed 

prior to the effective date of the 2015 

CCR Rule; the final rule refers to these 

newly regulated units as CCRMU. The 

Legacy Final Rule added a definition for 

legacy CCR surface impoundments, 

CCRMU, among other terms. It also 

established the regulatory requirements 

applicable to legacy CCR surface 

impoundments and CCRMU, which 

largely consist of requiring compliance 

with certain existing CCR regulations, 

along with tailored compliance 

deadlines. 

IV. Revisions to Part 257, Subpart D 

Since publication of the Legacy Final 

Rule, EPA has identified several errors 

in the Legacy Final Rule. Some of these 

issues were raised to the Agency’s 

attention by members of the public 

including industry, non-governmental 

organizations, and State regulatory 

agencies. EPA is addressing three of 

these errors in this direct final rule and 

companion proposed rule. These 

changes are: (1) Fixing an error that 

caused confusion regarding the 

November 8, 2024 effective date of the 

Legacy Final Rule; and (2) Correcting 

inadvertent deletions in existing 2015 

regulatory text caused by incorrect 

amendatory instruction.1

A. The Effective Date of the Legacy Final 

Rule Is November 8, 2024 

Section 4004(c) of RCRA establishes a 

six-month effective date for rules issued 

under section 4004(a), providing that 

‘‘the prohibition contained in 

subsection (b) shall take effect on the 

date six months after the date of 

promulgation of regulations under 

subsection (a).’’ 42 U.S.C. 6944(c). In 

other words, RCRA requires that six 

months after promulgation of a rule 

under section 4004(a), solid waste must 

be managed in a manner that complies 

with the requirements of the rule. Under 

RCRA, promulgation of a rule occurs 

upon signature and publication in the 

Federal Register. Horsehead Resource 

Development Co, Inc., v. EPA, 130 F.3d 

1090, 1094–1095 (D.C. Cir. 1997) (‘‘We 

hold . . . at least in the absence of a 

contrary agency regulation, 

‘‘promulgation’’ as used in section 

[7006(a)(1) of RCRA] means the date of 

Federal Register publication.’’). Thus, 

by operation of law the requirements in 

the Legacy Final Rule go into effect six 

months from the date of its publication 

in the Federal Register, which in this 

case is November 8, 2024. 

The DATES preamble caption in the 

Legacy Final Rule states that the rule is 

effective on November 4, 2024. 89 FR 

38950. This is incorrect. All other 

references to the effective date in the 

Legacy Final Rule correctly specify the 

effective date of November 8, 2024, 

including eight times in the preamble 

and 11 times in the regulatory text.2

This action corrects the single 

inaccuracy in the preamble to reflect the 

six-month effective date established by 

RCRA section 4004(c). In summary, the 

effective date of the Legacy Final Rule 

is November 8, 2024. 

B. Revision to § 257.73(a) (Structural 

Integrity Criteria for Existing CCR 

Surface Impoundments) 

For reasons that are discussed in the 

Legacy Final Rule, legacy CCR surface 

impoundments are required to comply 

with the same structural integrity 

criteria applicable to the CCR surface 

impoundments regulated by the 2015 

CCR Rule. 89 FR 39011. EPA effected 

this requirement by revising § 257.73(a) 

to add legacy CCR surface 

impoundments to those CCR units 

subject to the structural integrity 

criteria. The Legacy Final Rule made no 

other revisions to the structural integrity 

criteria, which were codified in the 

2015 CCR Rule. However, when 

implementing this revision in the 

regulatory text, the Agency 

inadvertently deleted the second 

sentence of § 257.73(a) due to a faulty 

amendatory instruction.3 That is, EPA 

intended for the amendatory instruction 

to revise only the first sentence of 

paragraph § 257.73(a) and leave the 

remainder of the paragraph as 

promulgated in the 2015 CCR Rule. The 

faulty amendatory instruction 

inadvertently resulted in the deletion of 

the following sentence from § 257.73(a): 

‘‘If an incised CCR surface 

impoundment is subsequently modified 

(e.g., a dike is constructed) such that the 

CCR unit no longer meets the definition 

of an incised CCR unit, the CCR unit is 

subject to the requirements of 

paragraphs (a)(1) through (4) of this 

section.’’ 

This final rule restores the 

inadvertently deleted second sentence 

back to § 257.73(a). Specifically, EPA is 

amending § 257.73(a) to read: ‘‘The 

requirements of paragraphs (a)(1) 

through (4) of this section apply to all 

existing CCR surface impoundments 

and legacy CCR surface impoundments, 

except for those that are incised CCR 

surface impoundments. If an incised 


ddrumheller on DSK120RN23PROD with RULES1
88652 Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 

CCR surface impoundment is 

subsequently modified (e.g., a dike is 

constructed) such that the CCR unit no 

longer meets the definition of an incised 

CCR unit, the CCR unit is subject to the 

requirements of paragraphs (a)(1) 

through (4) of this section.’’ 

C. Revisions to § 257.105 

(Recordkeeping Requirements) 

The Agency amended § 257.105, 

which specifies the requirements for 

recordkeeping, in the Legacy Final Rule 

by making several revisions and 

additions. Given the number of 

revisions and additions, EPA revised 

and republished § 257.105 in its 

entirety. That is, the regulatory text 

published in the Legacy Final Rule 

reflected a combination of revised or 

new content (i.e., the revisions and 

additions discussed in the final rule) 

and unchanged, republished content 

(i.e., previously codified text unaffected 

by the Legacy Final Rule). However, 

EPA inadvertently failed to include 

§ 257.105(j) when republishing this 

section, which resulted in the deletion 

of paragraph (j) from § 257.105. Section 

257.105(j) includes the recordkeeping 

requirements when retrofitting a CCR 

unit and this paragraph should not have 

been affected by the Legacy Final Rule. 

This action restores paragraph (j) back to 

§ 257.105. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14904: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing Legacy Final 

Rule and has assigned the temporary 

OMB control number 2050–0231. The 

burden contained in 2050–0231 will 

ultimately be merged into EPA 

information collection request number 

2050–0223. This action merely corrects 

provisions of the CCR Legacy Final Rule 

and does not include any new 

information collection requirements. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

(SISNOSE) under the RFA. This final 

rule corrects errors in the regulatory text 

of the CCR Legacy Final Rule. This rule 

does not impose any additional 

requirements on any entities, including 

small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million 

(adjusted annually for inflation) or more 

(in 1995 dollars) as described in UMRA, 

2 U.S.C. 1531–1538, and does not 

significantly or uniquely affect small 

governments. The rule corrects errors in 

the regulatory text of the CCR Legacy 

Final Rule. This rule does not impose 

any additional requirements, and thus 

the costs involved in this action are 

estimated not to exceed $183 million in 

2023$ ($100 million in 1995$ adjusted 

for inflation using the GDP implicit 

price deflator) or more in any one year. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. The rule corrects errors in 

the regulatory text of the CCR Legacy 

final rule. This rule does not impose any 

additional requirements. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045 directs Federal 

agencies to include an evaluation of the 

health and safety effects of the planned 

regulation on children in Federal health 

and safety standards and explain why 

the regulation is preferable to 

potentially effective and reasonably 

feasible alternatives. This action is not 

subject to Executive Order 13045 

because it is not a significant regulatory 

action under section 3(f)(1) of Executive 

Order 12866, and because the EPA does 

not believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. This rule corrects errors in the 

regulatory text of the CCR Legacy Final 

Rule. This rule does not impose any 

additional requirements and therefore 

does not address environmental health 

and safety risks that may 

disproportionately affect children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that this action does 

not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

rule corrects errors in the regulatory text 

of the CCR Legacy Final Rule. This rule 

does not impose any additional 

requirements. EPA conducted an 

extensive Environmental Justice 

analysis for the Legacy CCR rule. The 

results of that analysis can be found in 

the preamble for that final rule. 89 FR 

39098. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

Correction 

In the Federal Register of May 8, 

2024, in FR Doc. 2024–09157, on page 

38950, in the first column, correct the 

DATES paragraph to read: 

‘‘DATES: This final rule is effective on 

November 8, 2024.’’ 

List of Subjects in 40 CFR Part 257 

Environmental protection, Beneficial 

use, Coal combustion products, Coal 

combustion residuals, Coal combustion 


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Federal Register / Vol. 89, No. 217 / Friday, November 8, 2024 / Rules and Regulations 88653 

waste, Disposal, Hazardous waste, 

Landfill, Surface impoundment. 

Michael S. Regan, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 257—CRITERIA FOR 

CLASSIFICATION OF SOLID WASTE 

DISPOSAL FACILITIES AND 

PRACTICES 

■ 1. The authority citation for part 257 

continues to read as follows: 

Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), 

6927, 6944, 6945(a) and (d); 33 U.S.C. 

1345(d) and (e). 

■ 2. Amend § 257.73 by revising the 

introductory paragraph (a) to read as 

follows: 

§ 257.73 Structural integrity criteria for 

existing CCR surface impoundments. 

(a) The requirements of paragraphs 

(a)(1) through (4) of this section apply 

to all existing CCR surface 

impoundments and legacy CCR surface 

impoundments, except for those that are 

incised CCR surface impoundments. If 

an incised CCR surface impoundment is 

subsequently modified (e.g., a dike is 

constructed) such that the CCR unit no 

longer meets the definition of an incised 

CCR unit, the CCR unit is subject to the 

requirements of paragraphs (a)(1) 

through (4) of this section. 

* * * * * 

■ 3. Amend § 257.105 by adding 

paragraph (j) to read as follows: 

§ 257.105 Recordkeeping requirements. 

* * * * * 

(j) Retrofit criteria. The owner or 

operator of a CCR unit subject to this 

subpart must place the following 

information, as it becomes available, in 

the facility’s operating record: 

(1) The written retrofit plan, and any 

amendment of the plan, as required by 

§ 257.102(k)(2), except that only the 

most recent retrofit plan must be 

maintained in the facility’s operating 

record irrespective of the time 

requirement specified in paragraph (b) 

of this section. 

(2) The notification of intent that the 

retrofit activities will proceed in 

accordance with the alternative 

procedures in § 257.103. 

(3) The annual progress reports 

required under the alternative 

requirements as required by § 257.103. 

(4) The written demonstration(s), 

including the certification in 

§ 257.102(f)(2)(iii), for a time extension 

for completing retrofit activities as 

required by § 257.102(k)(3). 

(5) The notification of intent to 

initiate retrofit of a CCR unit as required 

by § 257.102(k)(5). 

(6) The notification of completion of 

retrofit activities as required by 

§ 257.102(k)(6). 

* * * * * 

[FR Doc. 2024–25752 Filed 11–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 79, 80, 85, 122, 300, 

372, 501, 704, 745, 763, 790, 1036, and 

1037 

[EPA–HQ–OECA–2024–0208; FRL 11265– 

02–OECA] 

RIN 2020–AA55 

Inflation Adjustment References for 

Civil Monetary Penalty Amounts in 

Title 40 of the Code of Federal 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is taking direct 

final action to address outdated 

maximum and minimum statutory civil 

monetary penalty amounts by adding 

language that refers readers to the up-todate maximum and minimum statutory 

civil monetary penalty amounts. The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended 

through the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 requires the EPA to 

annually issue rules that adjust the 

statutory maximum and minimum civil 

penalty amounts under the various 

environmental laws implemented by the 

EPA to account for inflation. The EPA 

makes inflation adjustments for each of 

the outdated penalty amounts in a 

separate rule. This rule adds language 

notifying the reader that the penalty 

amount listed may not be accurate and 

refers the reader to the EPA’s regulation 

to find the correct amounts. 

DATES: This rule is effective on 

November 8, 2024, without further 

notice, unless the EPA receives adverse 

comment by December 9, 2024. 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: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OECA–2024–0208. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Didion, Office of Civil 

Enforcement, Office of Enforcement and 

Compliance Assurance, Mail Code 

2241A, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460; telephone 

number: (202) 564–0332; email: 

didion.ryan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final 

rule? 

The EPA is publishing this rule 

without a prior proposed rulemaking 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment because this matter 

is clerical in nature as these are minor 

technical amendments where there is no 

substantive issue and the EPA finds it 

has good cause to forgo notice and 

comment because notice and comment 

would be unnecessary and contrary to 

the public interest in understanding 

where the most current penalty limits 

may be found. 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. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

II. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act) requires each Federal 

agency to adjust the level of statutory 

civil monetary penalties under the laws 

implemented by that agency with 

annual adjustments to account for 

inflation. The purpose of the 2015 Act 

is to maintain the deterrent effect of 

civil monetary penalties by translating 

originally enacted statutory civil penalty 

amounts to today’s dollars. The EPA 

promulgates annual rules as required by 

the 2015 Act to adjust the statutory 

maximum and minimum civil penalty 

amounts in 40 CFR 19.4. 

Currently, there are statutory civil 

penalty amounts in 40 CFR parts 51, 79, 


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