### 3633 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations

accordance with this subpart. For the purposes of this subpart, the terms—

(1) ‘‘Family’’ means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and

(2) ‘‘Barter’’ means the exchange of handicrafts or fish or wildlife or their parts taken for subsistence uses—

(i) For other fish or game or their parts; or

(ii) For other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature; and

(3) ‘‘Customary trade’’ means the exchange of handicrafts or furs for cash to support personal or family needs; and does not include trade which constitutes a significant commercial enterprise.

■ 4. Amend § 13.480 by:

■ a. Designating the undesignated paragraph as paragraph (a).

■ b. Adding paragraph (b).

The addition reads as follows:

**§ 13.480 Subsistence hunting and trapping.** 

* * * * *

(b)(1) The following types of bait may be used to take bears for subsistence

uses:

(i) Parts of legally taken native fish or wildlife that are not required to be salvaged; or

(ii) Remains of native fish or wildlife that died of natural causes.

(2) The use of any other type of bait to take bears for subsistence uses is prohibited except under the terms and conditions of a permit issued under paragraph (d) of § 13.1902.

■ 5. Add § 13.482 to read as follows:

**§ 13.482 Subsistence collection and use of animal parts.** 

(a) Local rural residents may collect animal parts (excluding parts of threatened or endangered species) for subsistence uses in park areas where subsistence uses are authorized, provided that:

(1) The resident’s primary permanent residence is in an area or community with a federally recognized customary and traditional use determination for the species in the game management unit where the collecting occurs (50 CFR part 100); and

(2) The resident has written authorization from the superintendent issued under § 1.6 of this chapter that identifies specific areas where this activity is allowed.

(3)(i) If you are a NPS-qualified subsistence user (recipient), you may designate another NPS-qualified subsistence user to collect animal parts on your behalf in accordance with this section for the following purposes:

(A) Making handicrafts for personal use, customary trade, or barter; or

(B) Making handicrafts for qualified educational or cultural programs.

(ii) The designated collector must obtain a permit from the superintendent. The designated collector may not charge the recipient for his/her services or for the collected items.

(4) The use of paid employees to collect animal parts is prohibited. This prohibition does not apply to qualified educational or cultural programs that collect animal parts to create handicrafts, provided that the resulting handicrafts are not exchanged through barter or customary trade.

(b) The superintendent may establish conditions, limits, and other restrictions on collection activities. Areas open to collections will be identified on a map posted on the park Web site and available at the park visitor center or park headquarters. Violating a condition, limit, or restriction is prohibited.

■ 6. Amend § 13.485 by:

■ a. Revising paragraph (b);

■ b. Redesignating paragraph (c) as paragraph (f); and

■ c. Adding paragraphs (c), (d), and (e).

The revision and additions read as follows:

**§ 13.485 Subsistence use of timber and plant material.** 

* * * * *

(b) The gathering by local rural residents of fruits, berries, mushrooms, and other plant materials for subsistence uses, and the gathering of dead or downed timber for firewood for noncommercial subsistence uses, shall be allowed without a permit in park areas where subsistence uses are allowed.

(c) The gathering by local rural residents of plant materials to make handicrafts for customary trade or barter is authorized in park areas where subsistence uses are allowed in accordance with terms and conditions established by the superintendent and posted on the park Web site. The use of paid employees to collect plant materials is prohibited. This prohibition does not apply to qualified educational or cultural programs that collect plant materials to create handicrafts, provided that the resulting handicrafts are not exchanged through barter or customary trade.

(d)(1) If you are a NPS-qualified subsistence (recipient), you may designate another NPS-qualified subsistence user to collect plants on your behalf in accordance with this section for the following purposes:

(i) Making handicrafts for personal use, customary trade, or barter; or

(ii) Making handicrafts for qualified educational or cultural programs.

(2) The designated collector must obtain a permit from the superintendent. The designated collector may not charge the recipient for his/her services or for the collected items.

(e) The superintendent may establish conditions, limits, and other restrictions on gathering activities. Violating a condition, limit, or restriction is prohibited.

* * * * *

■ 7. Amend § 13.1902 by adding paragraph (d) to read as follows:

**§ 13.1902 Subsistence.**

* * * * *

(d) Use of bait for taking bears. (1) The superintendent may issue individual, annual permits allowing the use of human-produced food items as bait for taking bears upon a finding that:

(i) Such use is compatible with the purposes and values for which the area was established ( e.g. does not create a user conflict); and

(ii) The permit applicant does not have reasonable access to natural bait that may be used under § 13.480(b)(1).

(2) Permits will identify specific locations within the park area where the bait station may be established and will not include areas where the use of such materials could create a user conflict.

Dated: December 29, 2016. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 2016–32045 Filed 1–11–17; 8:45 am]

**BILLING CODE 4312–52–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 19**

**[FRL–9958–06–OECA]**

**Civil Monetary Penalty Inflation Adjustment Rule** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of statutory civil monetary penalty amounts under the statutes EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as


### 3634 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations

1 The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–410, 28 U.S.C. 2461 note, defines ‘‘civil monetary penalty’’ as ‘‘any penalty, fine, or other sanction that—(A)(i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.’’

2 The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114–74) was signed into law on Nov. 2, 2015, and further amended the Federal Civil Penalties Inflation Adjustment Act of 1990.

3 Under Section 3(2)(A) of the 2015 Act, ‘‘civil monetary penalty’’ means ‘‘a specific monetary amount as provided by Federal law’’; or ‘‘has a maximum amount provided for by Federal law.’’ EPA-administered statutes generally refer to statutory maximum penalties, with the following exceptions: Section 311(b)(7)(D) of the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum penalty of ‘‘not less than $100,000 . . .’’; Section 104B(d)(1) of the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an exact penalty of $600 ‘‘[f]or each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992. . .’’; and Section 325(d)(1) of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), refers to an exact civil penalty of $25,000 for each frivolous trade secret claim. 4 Office of Management and Budget Memorandum, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum M–17–11) at p. 1 (December 16, 2016).

5 See OMB Memorandum M–17–11 at p. 3.

6 See OMB Memorandum M–17–11 at p. 3. amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (‘‘the 2015 Act’’). The 2015 Act prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. The rule does not necessarily revise the penalty amounts that EPA chooses to seek pursuant to its civil penalty policies in a particular case. EPA’s civil penalty policies, which guide enforcement personnel in how to exercise EPA’s statutory penalty authorities, take into account a number of fact-specific considerations, e.g., the seriousness of the violation, the violator’s good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator’s ability to pay.

**DATES :**  This final rule is effective on January 15, 2017.

**FOR FURTHER INFORMATION CONTACT :**  David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number: (202) 564–4083; smithwatts.david@epa.gov.

**SUPPLEMENTARY INFORMATION :**  I. Background

Since 1990, Federal agencies have been required to issue regulations adjusting for inflation the statutory civil penalties 1 that can be imposed under the laws administered by that agency. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (DCIA), required agencies to review their statutory civil penalties every 4 years, and to adjust the statutory civil penalty amounts for inflation if the increase met the DCIA’s adjustment methodology. In accordance with the DCIA, EPA reviewed and, as appropriate, adjusted the civil penalty levels under each of the statutes the agency implements in 1996 (61 FR 69360), 2004 (69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).

The 2015 Act 2 requires agencies to: (1) Adjust the level of statutory civil penalties with an initial ‘‘catch-up’’ adjustment through an interim final rulemaking; and (2) beginning January 15, 2017, make subsequent annual adjustments for inflation. The purpose of the 2015 Act is to maintain the deterrent effect of civil penalties by translating originally enacted statutory civil penalty amounts to today’s dollars and rounding statutory civil penalties to the nearest dollar.

As required by the 2015 Act, EPA issued a catch up rule on July 1, 2016, which was effective August 1, 2016 (81 FR 43091). This rule implements the annual penalty inflation adjustments mandated by the 2015 Act. Beginning in 2017, Section 4 of the 2015 Act requires each federal agency to publish annual adjustments to all civil penalties under the laws implemented by that agency. These annual adjustments are required to be published by January 15 of each year. The 2015 Act describes the method for calculating the adjustments. Each statutory maximum civil monetarypenalty is multiplied by the cost-ofliving adjustment, which is the percentage by which the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October 2016 exceeds the CPI–U for the month of October 2015.

With this rule, the new statutory maximum (or minimum 3 ) penalty levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory civil penalties assessed on or after January 15, 2017, for violations that occurred after November 2, 2015, when the 2015 Act was enacted. The statutory civil penalty levels, as codified at Table 1 to 40 CFR 19.4, will continue to apply to: (1) Violations that occurred on or before November 2, 2015, and (2) violations that occurred after November 2, 2015, where the penalty assessment was made prior to August 1, 2016.

The formula for determining the costof-living or inflation adjustment to statutory civil penalties consists of the following steps:

Step 1: The cost-of-living adjustment multiplier for 2017, based on the CPI– U of October 2016, is 1.01636. 4 Multiply 1.01636 by the current penalty amount. This is the raw adjusted penalty value.

Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 Act states that any adjustment shall be rounded to the nearest multiple of $1. The result is the final penalty value for the year.
II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty Inflation Adjustments Notwithstanding Section 553 of the Administrative Procedures Act

Section 4 of the 2015 Act directs federal agencies to publish annual adjustments no later than January 15, 2017. In accordance with section 553 of the Administrative Procedures Act (APA), most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register . However, Section 4(b)(2) of the 2015 Act provides that each agency shall make the annual inflation adjustments ‘‘notwithstanding section 553’’ of the APA. According to OMB guidance issued to Federal agencies on the implementation of the 2017 annual adjustment, 5 the phrase ‘‘notwithstanding section 553’’ means that ‘‘the public procedure the APA generally provides—notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.’’ Consistent with the language of the 2015 Act and OMB’s implementation guidance, this rule is not subject to notice and an opportunity for public comment and will be effective immediately upon publication.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

Under Executive Order 12866, OMBdetermined this final rule to be a ‘‘nonsignificant’’ regulatory action and, therefore, it did not undergo interagency review. 6


### 3635 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations

7 See OMB Memorandum M–17–11 at p. 3. B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under the PRA. This rule merely increases the level of statutory civil penalties that could be imposed in the context of a Federal civil administrative enforcement action or civil judicial case for violations of EPA-administered statutes and their implementing regulations.
C. Regulatory Flexibility Act (RFA)

This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs Federal agencies to publish this rule notwithstanding section 553 of the APA, this rule is not subject to notice and comment requirements or the RFA. D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action is required by the 2015 Act, without the exercise of any policy discretion by EPA. This action also imposes no enforceable duty on any state, local or tribal governments or the private sector. Because thecalculation of any increase is formuladriven pursuant to the 2015 Act, EPA has no policy discretion to vary the amount of the adjustment.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have a substantial direct effect on the states, or 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. This rule merely reconciles the real value of current statutory civil penalty levels to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula-driven and prescribed by statute, and EPA has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, this rule will not have a substantial direct effect on tribal governments, 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.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions 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

The rule does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. Rather, this action is mandated by the 2015 Act, which prescribes a formula for adjusting statutory civil penalties on an annual basis to reflect inflation.
K. Congressional Review Act (CRA)

This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency finds that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 2015 Act directs Federal agencies to publish their annual penalty inflation adjustments ‘‘notwithstanding section 553 [of the APA].’’ Because OMB has instructed Federal agencies that this provision means that ‘‘notice, an opportunity for comment, and a delay in the effective date’’ are not required for agencies to issue regulations implementing the annual adjustment, 7 EPA finds that the APA’s notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest.
List of Subjects in 40 CFR Part 19

Environmental protection, Administrative practice and procedure, Penalties.

Dated: January 3, 2017. Gina McCarthy,
Administrator.

For the reasons set out in the preamble, EPA amends title 40, chapter I, part 19 of the Code of Federal Regulations as follows:

**PART 19—ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR**  **INFLATION**

■ 1. The authority citation for part 19 continues to read as follows:

Authority: Pub. L. 101–410, Oct. 5, 1990, 104 Stat. 890, as amended by Pub. L. 104– 134, title III, sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321–373; Pub. L. 105–362, title XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114–74, title VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599.

■ 2. Revise § 19.2 to read as follows:

**§ 19.2 Effective date.**

The penalty levels in the last column of Table 1 to § 19.4 apply to all violations which occurred after December 6, 2013 through November 2, 2015, and to violations occurring after November 2, 2015, where penalties are assessed before August 1, 2016. The statutory civil penalty levels set forth in the fourth column of Table 2 to § 19.4 apply to all violations which occur after November 2, 2015, where the penalties are assessed on or after August 1, 2016 and before January 15, 2017. The statutory civil penalty levels set forth in the last column of Table 2 to § 19.4 apply to all violations which occur after November 2, 2015, where the penalties are assessed on or after January 15,

2017.

■ 3. Amend § 19.4 by revising the introductory text and Table 2 to read as follows:

**§ 19.4 Statutory civil penalties, as adjusted for inflation, and tables.** 

Table 1 to § 19.4 sets out the statutory civil penalty provisions of statutes administered by EPA, with the original statutory civil penalty levels, as enacted, and the operative statutory civil penalty levels, as adjusted for inflation, for violations occurring on or before


### 3636 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations

November 2, 2015, and for violations occurring after November 2, 2015, where penalties are assessed before August 1, 2016. Table 2 sets out the statutory civil penalty provisions of statutes administered by EPA, with the third column displaying the original statutory civil penalty levels, as enacted. The fourth column of Table 2 displays the operative statutory civil penalty levels where penalties are assessed on or after August 1, 2016 but before January 15, 2017, for violations that occurred after November 2, 2015; the last column displays the operative statutory civil penalty levels where penalties are assessed on or after January 15, 2017, for violations that occurred after November 2, 2015.

* * * * *



### TABLE 

### 2 OF 

### S ECTION 

### 19.4—C IVIL 

### M ONETARY 

### P ENALTY 

### I NFLATION 

### A DJUSTMENTS

U.S. Code citation Environmental statute Statutory civil penalties, as enacted Statutory civil penalties for violations that occurred after November 2, 2015 and assessed on or after August 1, 2016 but before January 15, 2017 Statutory civil penalties for violations that occurred after November 2, 2015 and assessed on or

after January 15, 2017

7 U.S.C. 136 l. (a)(1) ....................................... Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). $5,000 $18,750 $19,057

7 U.S.C. 136 l. (a)(2) 1 ..................................... FIFRA ............................................................ $1,000/$500/$1,000 $2,750/$1,772/$2,750 $2,795/$1,801/$2,795 15 U.S.C. 2615(a)(1) ..................................... Toxic Substances Control Act (TSCA) ......... $25,000 $37,500 $38,114 15 U.S.C. 2647(a) .......................................... TSCA ............................................................ $5,0 00 $10,781 $10,957 15 U.S.C. 2647(g) .......................................... TSCA ............................................................ $5,0 00 $8,908 $9,054 31 U.S.C. 3802(a)(1) ..................................... Program Fraud Civil Remedies Act (PFCRA). $5,000 $10,781 $10,957

31 U.S.C. 3802(a)(2) ..................................... PFCRA .......................................................... $5,000 $10,781 $10,957 33 U.S.C. 1319(d) .......................................... Clean Water Act (CWA) ............................... $25,000 $51,570 $52,414 33 U.S.C. 1319(g)(2)(A) ................................ CWA .............................................................. $10,000/$25,000 $20,628/$51,570 $20,965/$52,414 33 U.S.C. 1319(g)(2)(B) ................................ CWA .............................................................. $10,000/$125,000 $20,628/$257,848 $20,965/$262,066 33 U.S.C. 1321(b)(6)(B)(i) ............................. CWA .............................................................. $10,000/$25,000 $17,816/$44,539 $18,107/$45,268 33 U.S.C. 1321(b)(6)(B)(ii) ............................ CWA .............................................................. $10,000/$125,000 $17,816/$222,695 $18,107/$226,338 33 U.S.C. 1321(b)(7)(A) ................................ CWA .............................................................. $25,000/$1,000 $44,539/$1,782 $45,268/$1,811 33 U.S.C. 1321(b)(7)(B) ................................ CWA .............................................................. $25,000 $44,539 $45,268 33 U.S.C. 1321(b)(7)(C) ................................ CWA .............................................................. $25,000$44,539 $45,268 33 U.S.C. 1321(b)(7)(D) ................................ CWA .............................................................. $100,00 0/$3,000 $178,156/$5,345 $181,071/$5,43233 U.S.C. 1414b(d)(1) ................................... Marine Protection, Research, and Sanctuaries Act (MPRSA). $600 $1,187 $1,206

33 U.S.C. 1415(a) .......................................... MPRSA ......................................................... $50,00 0/$125,000 $187,500/$247,336 $190,568/$251,382 33 U.S.C. 1901 note ( see 1409(a)(2)(A)) ...... Certain Alaskan Cruise Ship Operations (CACSO). $10,000/$25,000 $13,669/$34,172 $13,893/$34,731

33 U.S.C. 1901 note ( see 1409(a)(2)(B)) ...... CACSO ......................................................... $10,000/$125,000 $13,669/$170,861 $13,893/$17 3,656 33 U.S.C. 1901 note ( see 1409(b)(1)) .......... CACSO ......................................................... $25,000 $34,172 $34,731 33 U.S.C. 1908(b)(1) ..................................... Act To Prevent Pollution From Ships (APPS). $25,000 $70,117 $71,264

33 U.S.C. 1908(b)(2) ..................................... APPS ............................................................ $5,000$14,023 $14,252 42 U.S.C. 300g–3(b) ...................................... Safe Drinking Water Act (SDWA) ................. $25,000 $53,907 $54,789 42 U.S.C. 300g–3(g)(3)(A) ............................ SDWA ........................................................... $25,000 $53 ,907 $54,789 42 U.S.C. 300g–3(g)(3)(B) ............................ SDWA ........................................................... $5,000/$25, 000 $10,781/$37,561 $10,957/$38,175 42 U.S.C. 300g–3(g)(3)(C) ............................ SDWA ........................................................... $25,000 $37 ,561 $38,175 42 U.S.C. 300h–2(b)(1) ................................. SDWA ........................................................... $25,000 $ 53,907 $54,789 42 U.S.C. 300h–2(c)(1) ................................. SDWA ........................................................... $10,000/$ 125,000 $21,563/$269,535 $21,916/$273,945 42 U.S.C. 300h–2(c)(2) ................................. SDWA ........................................................... $5,000/$1 25,000 $10,781/$269,535 $10,957/$273,945 42 U.S.C. 300h–3(c) ...................................... SDWA ........................................................... $5,000/$10,000 $18,750/$40,000 $19,057/$40,654 42 U.S.C. 300i(b) ........................................... SDWA ........................................................... $15, 000 $22,537 $22,906 42 U.S.C. 300i–1(c) ....................................... SDWA ........................................................... $100,0 00/$1,000,000 $131,185/$1,311,850 $133,331/$1,333,312 42 U.S.C. 300j(e)(2) ...................................... SDWA ........................................................... $2,500$9,375 $9,528 42 U.S.C. 300j–4(c) ....................................... SDWA ........................................................... $25,00 0 $53,907 $54,789 42 U.S.C. 300j–6(b)(2) .................................. SDWA ........................................................... $25,000 $37,561 $38,175 42 U.S.C. 300j–23(d) ..................................... SDWA ........................................................... $5,000/$50,000 $9,893/$98,935 $10,055/$100,55442 U.S.C. 4852d(b)(5) ................................... Residential Lead–Based Paint Hazard Reduction Act of 1992. $10,000 $16,773 $17,047

42 U.S.C. 4910(a)(2) ..................................... Noise Control Act of 1972 ............................ $10,000 $35,445 $ 36,025 42 U.S.C. 6928(a)(3) ..................................... Resource Conservation and Recovery Act (RCRA). $25,000 $93,750 $95,284

42 U.S.C. 6928(c) .......................................... RCRA ............................................................ $25, 000 $56,467 $57,391 42 U.S.C. 6928(g) .......................................... RCRA ............................................................ $25, 000 $70,117 $71,264 42 U.S.C. 6928(h)(2) ..................................... RCRA ............................................................ $25,00 0 $56,467 $57,391 42 U.S.C. 6934(e) .......................................... RCRA ............................................................ $5,0 00 $14,023 $14,252 42 U.S.C. 6973(b) .......................................... RCRA ............................................................ $5,0 00 $14,023 $14,252 42 U.S.C. 6991e(a)(3) ................................... RCRA ............................................................ $25,000 $56,467 $57,391 42 U.S.C. 6991e(d)(1) ................................... RCRA ............................................................ $10,000 $22,587 $22,957 42 U.S.C. 6991e(d)(2) ................................... RCRA ............................................................ $10,000 $22,587 $22,957 42 U.S.C. 7413(b) .......................................... Clean Air Act (CAA) ...................................... $25,000 $93 ,750 $95,284 42 U.S.C. 7413(d)(1) ..................................... CAA ............................................................... $25, 000/$200,000 $44,539/$356,312 $45,268/$362,141 42 U.S.C. 7413(d)(3) ..................................... CAA ............................................................... $5,0 00 $8,908 $9,054 42 U.S.C. 7524(a) .......................................... CAA ............................................................... $2 5,000/$2,500 $44,539/$4,454 $45,268/$4,527 42 U.S.C. 7524(c)(1) ..................................... CAA ............................................................... $200 ,000 $356,312 $362,141 42 U.S.C. 7545(d)(1) ..................................... CAA ............................................................... $25, 000 $44,539 $45,268 42 U.S.C. 9604(e)(5)(B) ................................ Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). $25,000 $53,907 $54,789

42 U.S.C. 9606(b)(1) ..................................... CERCLA ....................................................... $25,000 $ 53,907 $54,789 42 U.S.C. 9609(a)(1) ..................................... CERCLA ....................................................... $25,000 $ 53,907 $54,789


### 3637 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations

TABLE 

### 2 OF 

### S ECTION 

### 19.4—C IVIL 

### M ONETARY 

### P ENALTY 

### I NFLATION 

### A DJUSTMENTS

### —Continued

U.S. Code citation Environmental statute Statutory civil penalties, as enacted Statutory civil penalties for violations that occurred after November 2, 2015 and assessed on or after August 1, 2016 but before January 15, 2017 Statutory civil penalties for violations that occurred after November 2, 2015 and assessed on or

after January 15, 2017

42 U.S.C. 9609(b) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 9609(c) .......................................... CERCLA ....................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,36742 U.S.C. 11045(a) ........................................ Emergency Planning and Community RightTo-Know Act (EPCRA). $25,000 $53,907 $54,789

42 U.S.C. 11045(b)(1)(A) .............................. EPCRA .......................................................... $25,000 $5 3,907 $54,789 42 U.S.C. 11045(b)(2) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 11045(b)(3) ................................... EPCRA .......................................................... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367 42 U.S.C. 11045(c)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,789 42 U.S.C. 11045(c)(2) ................................... EPCRA .......................................................... $10,000 $21,563 $21,916 42 U.S.C. 11045(d)(1) ................................... EPCRA .......................................................... $25,000 $53,907 $54,78942 U.S.C. 14304(a)(1) ................................... Mercury-Containing and Rechargeable Battery Management Act (Battery Act). $10,000 $15,025 $15,271

42 U.S.C. 14304(g) ........................................ Battery Act .................................................... $10,00 0 $15,025 $15,271

1 Note that 7 U.S.C. 136 l. (a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory m aximum civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).

[FR Doc. 2017–00160 Filed 1–11–17; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2014–0431; FRL–9957–93– Region 4]** 

**Approval and Promulgation of Implementation Plans; Alabama;**  **Infrastructure Requirements or the 2010 Sulfur Dioxide National Ambient**  **Air Quality Standard**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is taking final action to approve in part and disapprove in part portions of the April 23, 2013, State Implementation Plan (SIP) submission, submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), for inclusion into the Alabama SIP. This final action pertains to the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO 2 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ‘‘infrastructure SIP submission.’’ ADEM certified that the Alabama SIP contains provisions that ensure the 2010 1-hour SO 2 NAAQS is implemented, enforced, and maintained in Alabama. EPA has determined that portions of Alabama’s infrastructure SIP submission, provided to EPA on April 23, 2013, satisfy certain required infrastructure elements for the 2010 1-hour SO 2 NAAQS.

**DATES :**  This rule will be effective February 13, 2017.

**ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2014–0431. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the **FOR**
**FURTHER INFORMATION CONTACT** section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Ms. Notarianni can be reached via electronic mail at notarianni.michele@epa.gov or via telephone at (404) 562–9031.

**SUPPLEMENTARY INFORMATION :**  I. Background and Overview

On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the primary SO 2 NAAQS to an hourly standard of 75 parts per billion (ppb) based on a 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 1-hour SO 2 NAAQS to EPA no later than June 2, 2013.

EPA is taking final action to approve Alabama’s April 23, 2013, submission that addresses the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2010 1-hour SO 2 NAAQS, with the exception of interstate transport provisions pertaining to visibility protection requirements of section 110(a)(2)(D)(i)(II) (prong 4) and the state board requirements of section 110(a)(2)(E)(ii). With respect to the visibility protection requirements of section 110(a)(2)(D)(i)(II) (prong 4), EPA is not finalizing any action at this time regarding this requirement. With respect to Alabama’s infrastructure SIP submission related to section 110(a)(2)(E)(ii) requirements respecting