[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Notices]
[Page 51193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14315]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2006-0748; FRL-8213-1]
Notice of Intent To Provide Internet Publication of Proposed
Penalties under the Clean Water Act and Safe Drinking Water Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) intends to issue notices of proposed penalty orders issued
under the Clean Water Act and the Safe Drinking Water Act via the
Internet. EPA is encouraging the Regions to use the Internet as a more
effective and efficient means to provide such notice.
FOR FURTHER INFORMATION CONTACT: Kelly Kaczka Brantner, Office of
Enforcement and Compliance Assurance, Office of Civil Enforcement,
Water Enforcement Division, Mail Code 2243A, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone
number: 202-564-9933; fax number: 202-564-0018; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION: Both the Clean Water Act and the Safe
Drinking Water Act authorize the U.S. Environmental Protection Agency
(EPA) to assess administrative penalties for specified violations of
the Act. See sections 309(g) and 311(b)(6) of the Clean Water Act
(CWA), 33 U.S.C. 1319(g) and 33 U.S.C. 1321(b)(6) and section 1423(c)
of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300h-2(c). These
provisions require EPA to provide public notice of any civil penalty
order before issuing any such order.
For such administrative actions, EPA's Consolidated Rules of
Practice Governing the Administrative Assessment of Civil Penalties, 40
CFR Part 22, require notice to the public ``by a method reasonably
calculated to provide notice.'' 40 CFR 22.45(b)(2). Typically, notice
is provided through publication in newspapers of general circulation.
The Part 22 rules and the Clean Water Act do not define what
methods of notice are reasonable. Courts have recognized that the
Internet may be one method reasonably calculated to provide public
notice. Thus, for example in discussing service of process by e-mail,
the United States Court of Appeals for the Ninth Circuit has recently
described in broad language a court's authority to adapt its procedures
to meet technological advances as follows:
``In proper circumstances, this broad constitutional principle
[i.e., that the selected method of service must be reasonably
calculated to provide notice and an opportunity to respond]
unshackles the federal courts from anachronistic methods of service
and permits them entry into the technological renaissance.'' Rio
Properties, Inc. v. Rio International Interlink. 284 F.3d 1007, 1017
(9th Cir. 2002)
Given the wide accessibility of the Internet among the population,
the Office of Enforcement and Compliance Assurance has concluded, in
consultation with the Office of General Counsel, that publication
through such means is reasonably calculated to apprise the public of
such proposed orders. Thus, Internet notice would meet the requirements
of the CWA, SDWA, and EPA regulations.
Using the Agency's Internet site to provide notice of proposed
actions makes the notice available to the public during the entirety of
the comment period rather than on the one day that the notice is
published in the local newspaper. The Internet provides a cost
effective means of providing access to a larger number of notices, in
one place, for a longer period of time.
Additionally, while the Agency tries to provide notice to those
most likely to be affected by an action by publishing notice in local
newspapers, in using the Internet, the Agency can reach a broader
audience. This will enable those interested persons beyond the finite
distribution areas of local newspapers to be made aware of pending
agency actions.
EPA Headquarters is encouraging the Regions to use the Agency's
Internet site to provide notice of proposed CWA and SDWA actions. To
ensure wide public acceptance of public notice provided through the
Internet, the Office of Enforcement and Compliance Assurance is
recommending procedures designed with two objectives in mind: Making
the public aware that notices will be available on the website for the
Region issuing the order, and providing easy access to the notices. We
suggest consideration of the following practices for Web based notices:
--The Region's homepage should include a link entitled ``Public Notices
Under Sections 309(g)and 311(b)(6) of the Clean Water Act and Section
1423(c) of the Safe Drinking Water Act.'' (Public Notice).
--The Public Notice Web page should provide a link to the actual
notices as well as the docket number, the date the notice is posted,
the Respondent's name, the state where they are located, and the
proposed penalty.
--The notice should be accessible from the Public Notice Web page in
html format or as a PDF file which includes all the information
required under 40 CFR 22.45(b)(2).
--The Public Notice Web page should list the actions that are being
noticed in chronological order.
--The Public Notice Web page may list notices for which the agency is
currently accepting comment more prominently than those which have
expired. However, public notices should remain on the Web site for a
reasonable time once the comment period has expired.
--The Web page should also include a link to download Adobe Acrobat
with easily understood instructions for doing so.
We recognize that not all members of the public may have ready
access to the Internet, however due to the general availability of the
Internet through schools, offices and libraries, we believe that
Internet notice will likely reach a larger audience than has the past
practice of publishing a notice in a newspaper provided that the above
practices are followed. Because there may be circumstances in which the
lack of access to computers in low-income communities may raise
environmental justice issues, Regions may consider providing
supplemental notice.
In particular instances where the Regions find that additional
notice may be helpful, newspaper notice, press release or other forms
of communication may supplement the Internet notice.
Mark Pollins,
Director, Water Enforcement Division, Office of Civil Enforcement,
Office of Enforcement & Compliance Assurance.
[FR Doc. E6-14315 Filed 8-28-06; 8:45 am]
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