06/05/89

40 CFR Part 22> Collection of Civil Penalties Under Title II of the Toxic Substances Control Act Final Rule> Federal Register, Vol. 54, No. 106, Page 24112

                      ENVIRONMENTAL PROTECTION AGENCY
                              40 CFR Part 22

                              ( FRL-3428-1 )

Collection of Civil Penalties Under Title II of the Toxic Substances Control
Act, the Asbestos Hazard Emergency Response Act of 1986

AGENCY:  Environmental Protection Agency ( EPA ).

ACTION:  Final rule.

SUMMARY:  This rule amends the Consolidated Rules of Practice, 40 CFR Part
22, under which administrative proceedings to assess civil penalties by EPA
are conducted.  Presently, all administrative civil penalties assessed under
the Consolidated Rules must be paid to the Treasurer of the United States of
America.  Section 207 of Title II of the Toxic Substances Control Act
( TSCA ), 15 USC 2647 ( enacted in section 2 of the Asbestos Hazard
Emergency Response Act of 1986 ( AHERA ) ), however, requires that all civil
penalties collected from local educational agencies under Title II be used
by the local educational agencies for purposes of complying with Title II.
Any portion of a collected civil penalty remaining unspent after compliance
by a local educational agency is completed must be deposited into the
Asbestos Trust Fund established under section 5 of AHERA.  This rule amends
the Consolidated Rules of Practice to modify penalty collection procedures
as they pertain to collection of penalties under TSCA Title II.

EFFECTIVE DATE:  July 5, 1989.

FOR FURTHER INFORMATION CONTACT:  Jon D. Silberman, Attorney, Toxics
                                  Litigation Division ( LE-134P )
                                  Office of Enforcement and Compliance
                                    Monitoring
                                  Environmental Protection Agency
                                  Room NE-113, Northeast Mall
                                  401 M Street, SW.
                                  Washington, DC  20460
                                  Telephone:  202-475-8690

SUPPLEMENTARY INFORMATION:  This final rule codifies certain language
appearing in section 207(a) Title II of TSCA, enacted as section 2 of AHERA.

AHERA, the term commonly used for these provisions, will be used in this
preamble.

    This rule establishes supplemental rules of practice governing the
administrative assessment of civil penalties under AHERA.  Rather than being
paid into the United States Treasury, as are other administratively assessed
civil penalties ( see 40 CFR 22.31(b) ), administrative civil penalties
collected from local educational agencies under section 207(a) for
violations of AHERA will be made available to the local educational agencies
for purposes of complying with AHERA.  Once compliance is achieved, any
remaining balance of such penalties will be deposited into the Asbestos
Trust Fund established under AHERA section 5.

    As this rule simply codifies statutory language and is procedural in
effect, public comment is unnecessary, and no opportunity for public comment
is being afforded.

    This rule is not a major rule for the purposes of Executive Order
( E.O. ) 12291 of February 17, 1981.  This rule was submitted to OMB for
review under E.O. 12291.  As required by the Regulatory Flexibility Act, it
is hereby certified that this rule will not have a significant impact on
small business entities.

List of Subjects in 40 CFR Part 22

Administrative practice and procedure, Asbestos, Schools.

Dated:  May 8, 1989.

William K. Reilly, Administrator.

    Therefore, 40 CFR Part 22 is amended as follows:

PART 22-( AMENDED )

    1.   The authority citation for Part 22 is revised to read as follows:

    Authority:  Secs. 16 and 207 of the Toxic Substances Control Act:  secs.
211 and 301 of the Clean Air Act; secs. 14 and 25 of the Federal
Insecticide, Fungicide, and Rodenticide Act; secs. 105 and 108 of the Marine
Protection, Research, and Sanctuaries Act; secs. 2002 and 3008 of the Solid
Waste Disposal Act.

    2.   Section 22.41 is added to read as follows:

Section 22.41.  Supplemental rules of practice governing the administrative
assessment of civil penalties under Title II of the Toxic Substances Control
Act, enacted as section 2 of the Asbestos Hazard Emergency Response Act
( AHERA ).

    (a)  Scope of the Supplemental rules.  These Supplemental rules of
practice shall govern, in conjunction with the preceding Consolidated Rules
of Practice ( 40 CFR Part 22 ), all proceedings to assess a civil penalty
conducted under section 207 of the Toxic Substances Control Act ( the
"Act" ) ( 15 USC 2647 ).  Where inconsistencies exist between these
Supplemental rules and the Consolidated rules ( Sections 22.01 through
22.32 ), these Supplemental rules shall apply.

    (b)  Collection of civil penalty.  Any civil penalty collected under
section 207 of the Act shall be used by the local educational agency for
purposes of complying with Title II of the Act.  Any portion of a civil
penalty remaining unspent after a local educational agency achieves
compliance shall be deposited into the Asbestos Trust Fund established under
section 5 of AHERA.

( FR Doc. 89-13276 Filed 6-2-89; 8:45 am )

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