80718 Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Proposed Rules

§ 123.27 Requirements for enforcement proof or degree of knowledge or intent faxes. Hand deliveries and couriers may authority. EPA must provide when it brings an be received by scheduled appointment (a) Any State agency administering a action under the Act, except that a State only. For further information on EPA program shall have the authority to may establish criminal violations based Docket Center services and the current establish the following violations and on any form or type of negligence. status, please visit us online at https:// have available the following remedies * * * * * www.epa.gov/dockets. If you have and penalties for such violations of [FR Doc. 2020–26777 Filed 12–11–20; 8:45 am] questions, consult the technical person State program requirements: BILLING CODE 6560–50–P listed under FOR FURTHER INFORMATION * * * * * CONTACT. (3) To assess or sue to recover in court FOR FURTHER INFORMATION CONTACT: civil penalties and to seek criminal ENVIRONMENTAL PROTECTION Michelle Long, Office of Resource penalties as follows: AGENCY Conservation and Recovery, Materials * * * * * Recovery and Waste Management (ii) Criminal fines shall be recoverable 40 CFR Part 257 Division, Environmental Protection against any person who willfully or [EPA–HQ–OLEM–2020–0107; FRL–10015– Agency, 1200 Pennsylvania Avenue negligently violates any applicable 46–OLEM; 10018–00–OLEM] NW, MC: 5304P, Washington, DC 20460; standards or limitations; any NPDES telephone number: (703) 347–8953; permit condition; or any NPDES filing Hazardous and Solid Waste email address: [email protected]. requirement. These fines shall be Management System: Disposal of Coal For more information on this assessable in at least the amount of Combustion Residuals From Electric rulemaking please visit https:// $10,000 a day for each violation. Utilities; Legacy CCR Surface www.epa.gov/coalash. * * * * * Impoundments; Extension of Comment SUPPLEMENTARY INFORMATION: On April (b) * * * Period 17, 2015, EPA promulgated national (2) The burden of proof and degree of minimum criteria for existing and new AGENCY: knowledge or intent required under Environmental Protection CCR landfills and existing and new CCR State law for establishing violations Agency (EPA). surface impoundments at 40 CFR part under paragraph (a)(3) of this section, ACTION: Advance notice of proposed 257, subpart D. On August 21, 2018, the shall be no greater than the burden of rulemaking; extension of comment U.S. Court of Appeals for the District of proof or degree of knowledge or intent period. Columbia Circuit issued its opinion in EPA must provide when it brings an the case of Utility Solid Waste Activities SUMMARY: The Environmental Protection action under the Act, except that a State Group (USWAG), et al. v. EPA, 901 F.3d Agency (EPA or the Agency) is may establish criminal violations based 414 (D.C. Cir. 2018), which vacated and extending the comment period on the on any form or type of negligence. remanded the provision that exempted advance notice of proposed rulemaking inactive impoundments at inactive * * * * * for legacy coal combustion residuals facilities from the CCR regulations. As a (CCR) surface impoundments. The PART 233—404 STATE PROGRAM first step to implement this part of the original advance notice of proposed REGULATIONS court decision, EPA is seeking rulemaking was published on October comments in an advance notice of ■ 3. The authority citation for part 233 14, 2020, and the public comment proposed rulemaking (ANPRM) and continues to read as follows: period was originally scheduled to end data on inactive surface impoundments on December 14, 2020. With this Authority: 33 U.S.C. 1251 et seq. at inactive facilities to assist in the document, EPA is extending the public ■ development of future regulations for 4. Section 233.41 is amended by comment period an additional 60 days, these CCR units. revising paragraphs (a)(3) introductory through February 12, 2021. text, (a)(3)(ii), and (b)(2) to read as The original notice for the legacy CCR DATES: follows: The comment period for the surface impoundment ANPRM was proposed rule published October 14, published on October 14, 2020, and the § 233.41 Requirements for enforcement 2020 at 85 FR 65015 is extended. The comment period was scheduled to end authority. EPA must receive comments on or on December 14, 2020. See 85 FR 65015. (a) * * * before February 12, 2021. Since publication of the notice, on (3) To establish the following ADDRESSES: EPA has established a November 6, 2020, USWAG requested violations and to assess or sue to recover docket for this action under Docket ID an additional 60 days to review the civil penalties and to seek criminal No. EPA–HQ–OLEM–2020–0107. ANPRM, develop and submit penalties, as follows: Follow the detailed instructions comments. This request is available in * * * * * provided under ADDRESSES in the the docket at EPA–HQ–OLEM–2020– (ii) To seek criminal fines against any Federal Register document of October 0107. USWAG said given the person who willfully or with criminal 14, 2020 (85 FR 65015). Out of an complexity of the information being negligence discharges dredged or fill abundance of caution for members of requested in the ANPRM, and the fact material without required permits or the public and our staff, the EPA Docket that USWAG members are currently violates any permit condition issued Center and Reading Room are closed to focused on the development of under section 404 in the amount of at the public, with limited exceptions, to submissions for the Part A (85 FR least $10,000 per day of such violation. reduce the risk of transmitting COVID– 53516, August 28, 2020) and Part B (85 * * * * * 19. Our Docket Center staff will FR 72506, October 14, 2020), an (b) * * * continue to provide remote customer extension will result in the Agency (2) The burden of proof and degree of service via email, phone, and webform. receiving a more comprehensive data knowledge or intent required under We encourage the public to submit submission from USWAG. After State law for establishing violations comments via https:// receiving the request from USWAG, under paragraph (a)(3) of this section, www.regulations.gov/ or email, as there EPA has decided to extend the comment shall be no greater than the burden of may be a delay in processing mail and period to address the concerns that were

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raised. The comment period is extended electronic mail to dhsdeskofficer@ raise the per capita indicator and the until February 12, 2021. omb.eop.gov. minimum threshold.2 Since 1986, FEMA has evaluated the Carolyn Hoskinson, FOR FURTHER INFORMATION CONTACT: Tod Wells, Deputy Director of Public estimated cost of Federal and non- Director, Office of Resource Conservation and Federal public assistance against the Recovery. Assistance, Federal Emergency Management Agency, 500 C Street SW, statewide population and used a per [FR Doc. 2020–27360 Filed 12–11–20; 8:45 am] capita dollar amount (set at $1 in 1986) BILLING CODE 6560–50–P Washington, DC 20472, 202–646–3936, [email protected]. as an indicator that a disaster may warrant Federal assistance. The per SUPPLEMENTARY INFORMATION: capita indicator remained at $1 until DEPARTMENT OF HOMELAND I. Public Participation 1999, when the Agency began adjusting SECURITY We encourage you to participate in the indicator for inflation in 1999 and annually thereafter.3 Also in 1999, Federal Emergency Management this rulemaking by submitting FEMA established a $1 million Agency comments and related materials. We will consider all comments and material minimum threshold, meaning it would not recommend that the President 44 CFR Part 206 received during the comment period. If you submit a comment, identify the authorize the PA program unless there [Docket ID FEMA–2020–0038] agency name and the docket ID for this was at least $1 million in damages RIN 1660–AA99 rulemaking, indicate the specific section resulting from the disaster and within of this document to which each the proposed area for Public Assistance. Cost of Assistance Estimates in the comment applies, and give the reason At the time, FEMA believed $1 million Disaster Declaration Process for the for each comment. You may submit was a level of damage from which even Public Assistance Program your comments and material by the least populous States could recover electronic means, mail, or delivery to with their own resources. FEMA has AGENCY: Federal Emergency the address under the ADDRESSES never increased the $1 million Management Agency, Department of section. Please submit your comments threshold. Additionally, FEMA also Homeland Security (DHS). and material by only one means. considers impacts at the local level and ACTION: Notice of proposed rulemaking. Regardless of the method used for recent disasters in the 12 months prior submitting comments or material, all to a declaration request to evaluate the SUMMARY: The Federal Emergency submissions will be posted, without impact to the State or locality. Management Agency (FEMA) is change, to the Federal e-Rulemaking In the Disaster Recovery Reform Act proposing a rule to substantively revise Portal at http://www.regulations.gov, of 2018 (DRRA), Congress directed the ‘‘Estimated cost of the assistance’’ and will include any personal FEMA to give greater consideration to disaster declaration factor that FEMA information you provide. Therefore, the recent multiple disasters and uses to review a Governor’s request for submitting this information makes it localized impacts factors when a major disaster under the Public public. You may wish to read the evaluating a request for a major Assistance Program. FEMA proposes Privacy and Security Notice that is disaster.4 Congress also directed FEMA revisions to this factor to more available via a link on the homepage of to generally review the factors it accurately assess the disaster response http://www.regulations.gov. considers when considering a request capabilities of the 50 States, the District Viewing comments and documents: for a major disaster, specifically the of Columbia, and the U.S. territories For access to the docket to read estimated cost of assistance factor, and (States), and to respond to the direction supporting documents and comments to update the factors through of Congress in the Disaster Recovery received, go to the Federal e- rulemaking, as appropriate.5 Reform Act of 2018, which requires Rulemaking Portal at http:// The lack of increases to the per capita FEMA to review its disaster declaration www.regulations.gov. Background indicator from 1986 to 1999 has factors and update them via rulemaking, documents and submitted comments undercut the value of this factor as an as appropriate. may also be inspected at FEMA, Office indicator of State capacity given the 51 DATES: All comments must be submitted of Chief Counsel, 500 C Street SW, percent reduction in purchasing power by February 12, 2021. Washington, DC 20472–3100. during that time.6 In addition, a State ADDRESSES: You may submit comments II. Executive Summary 2 on this proposed rule, identified by See 44 CFR 206.48(a). Other factors include: Docket ID FEMA–2020–0038, by the Pursuant to 44 CFR 206.48(a), FEMA Insurance coverage in force, hazard mitigation, and considers several factors when other Federal assistance programs. Id. following method: 3 At the time of drafting this proposed rule, the Federal eRulemaking Portal: http:// determining whether to recommend that indicator was $1.50 in fiscal year 2019. See FEMA, www.regulations.gov. Follow the the President declare a major disaster Notice of Adjustment of Statewide per Capita instructions for submitting comments. authorizing the Public Assistance (PA) Impact Indicator, 83 FR 53279 (Oct. 22, 2018). program.1 FEMA proposes to amend the 4 Sec. 1232 of Public Law 115–254, 132 Stat. 3460 Comments on the proposed (Oct. 5, 2018). However, as discussed below, FEMA information collections included in this factor in 44 CFR 206.48(a)(1) for does not propose to substantively amend 44 CFR proposed rule should be submitted both ‘‘estimated cost of the assistance,’’ to 206.48(a)(2) because that factor is already to FEMA, as indicated above, and to the sufficiently flexible to address the requirements of Office of Information and Regulatory 1 Under section 401 of the Robert T. Stafford section 1232 of the DRRA. Disaster Relief and Emergency Assistance Act 5 Sec. 1239 of Public Law 115–254, 132 Stat. 3466 Affairs, Office of Management and (Stafford Act) (42 U.S.C. 5170), the President may (Oct. 5, 2018). Budget. Comments should be identified declare that a major disaster exists after finding, 6 April 1986 CPI–U was 108.6 and January 1999 by the appropriate OMB Control upon request by a State governor, that such disaster CPI–U was 164.3. (164.3¥108.6)/108.6 = 51.29%. Number(s), addressed to the Desk is beyond the capabilities of the State and affected See Bureau of Labor Statistics, U.S. Department of local governments, and that Federal assistance is Labor, ‘‘Consumer Price Index, Archived Consumer Officer for the Department of Homeland needed. FEMA receives the governor’s request and Price Index Supplemental Files’’: Historical CPI–U, Security, Federal Emergency makes a recommendation to the President whether November 2019, (available for download at https:// Management Agency, and sent via such a declaration is warranted. See 44 CFR 206.37. Continued

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