[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45655-45658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18235]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-HQ-OAR-2019-0298; FRL-9998-68-OAR]
RIN 2060-AU49
General Provisions: Incorporation by Reference of State Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
direct final action to amend the Approval and Promulgation of State
Plans for Designated Facilities and Pollutants, General Provisions to
clarify the process by which state plans for the control of pollutants
and facilities are incorporated by reference into this part. This
action is intended to update and modify the outdated General Provisions
that note that state plans are incorporated by reference and that
describe the availability of state plans.
DATES: The direct final rule is effective on October 29, 2019, without
further notice, unless the EPA receives significant adverse written
comment by October 15, 2019 on the amendments. If significant adverse
comments are received on the amendments, the EPA will publish a timely
withdrawal in the Federal Register clarifying which provisions will
become effective and which provisions are being withdrawn due to
adverse comment.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0298, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2019-0298 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2019-0298.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2019-0298, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For questions about this direct final
action, contact Jodi Howard, Sector Policies and Programs Division
(D205-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-4607; fax number: (919) 541-4991;
and email address: [email protected].
SUPPLEMENTARY INFORMATION:
Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2019-0298. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (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. Publicly
available docket materials are available either electronically in
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334,
WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2019-0298. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov/ or email. This
type of information should be submitted by mail as discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the
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EPA Docket Center homepage at https://www.epa.gov/dockets.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0298.
Organization of this document. The information in this preamble is
organized as follows:
I. Background
II. The Amendments
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
I. Background
In 1978, the EPA established a new part 62 of Title 40 of the Code
of Federal Regulations, including a subpart A--General Provisions. 43
FR 51393 (November 3, 1978). 40 CFR part 62 relates to the approval and
promulgation of state plans and federal plans under Clean Air Act
sections 111(d) and 129. Emission guidelines for various source
categories are implemented through 40 CFR part 62 via an approved state
plan or a federal plan for each separate source category. The EPA
generally intends to incorporate in part 62, by reference, approved
state plans. The requirements of the General Provisions, together with
the provisions of the state-specific subparts of part 62, reflect that
intention.
Among other matters, the General Provisions refer to the
Incorporation by Reference (IBR) of state plans, stating generally
that: ``All approved regulatory provisions of each plan are
incorporated by reference in this part.'' 40 CFR 62.02(a). The General
Provisions also address the availability of applicable plans,
indicating that state plans would be available at EPA Headquarters, as
well as at EPA Regional offices at stated addresses. 40 CFR 62.12
(cross-referencing 40 CFR 62.10). These references to EPA locations
are, at least in part, out of date. The address for EPA Headquarters,
for example, is given as the EPA's former location in Southwest
Washington, DC, rather than its current location in Northwest
Washington, DC.
The Freedom of Information Act generally requires federal agencies
to publish substantive rules in the Federal Register, but also allows
for IBR: Otherwise ``reasonably available'' matter ``is deemed
published in the Federal Register when incorporated by reference
therein with the approval of the Director of the Federal Register.'' 5
U.S.C. 552(a). The Office of the Federal Register (OFR) published
regulations setting out policies and procedures relating to IBR at 1
CFR part 51 and, on several occasions, significantly modified and
amended those procedures. See, for example, 37 FR 23614 (November 4,
1972); 44 FR 19181 (April 2, 1979); 47 FR 34107 (August 6, 1982); and
79 FR 66267 (November 7, 2014).
II. The Amendments
The original, unamended, 1978 IBR language in 40 CFR part 62 has
not fully kept pace with OFR's evolving policies and procedures on IBR.
In addition, the existing regulations--dating back to 1978--relating to
the availability of approved state plans only reference the physical
availability of the plans at specified EPA locations, and the addresses
for the EPA Headquarters in Washington, DC, as well as some of the
Regional offices, are out of date. The EPA is amending sections 62.02,
62.10, and 62.12 of 40 CFR part 62, subpart A. These amendments will
help to ensure that part 62 state plans or state plan revisions are
appropriately incorporated by reference through the OFR's current IBR
process. As part of that effort, the EPA is amending 40 CFR 62.02(d) to
remove a broad, general statement relating to IBR. The EPA intends to
continue to incorporate state plans by reference, but, going forward,
the EPA intends to use appropriate IBR language in connection with each
individual action relating to the approval of particular state plans,
rather than attempt to rely, in all cases, on a simple statement in the
General Provisions. In addition, we are updating the addresses of the
EPA Region II and IV offices in the table to 40 CFR 62.10. Finally, we
are adding an address for the National Archives and Records
Administration and updating the EPA addresses in 40 CFR 62.12(a), (b),
and (c).
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.
B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities
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under the RFA. In making this determination, the impact of concern is
any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden, or otherwise has a positive economic effect
on the small entities subject to the rule. This action is
administrative and does not change any requirements for affected
entities. We have, therefore, concluded that this action will have no
net regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.
F. 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action is administrative and does not
change any requirements for affected entities, including tribes. Thus,
Executive Order 13175 does not apply to this action.
H. 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 the 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.
I. 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.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action is merely administrative.
L. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of agency
organization, procedure, or practice that does not substantially affect
the rights or obligations of non-agency parties.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
and Air pollution control.
Dated: August 15, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
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1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
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2. Section 62.02 is amended by revising paragraph (d) to read as
follows:
Sec. 62.02 Introduction.
* * * * *
(d) Section 62.12 provides information on availability of
applicable plans. The Administrator and state and local agencies shall
enforce
(1) Regulatory provisions of a plan approved or promulgated by the
Administrator, and
(2) All permit conditions or denials issued in carrying out the
approved or promulgated regulations for the review of designated
facilities.
* * * * *
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3. Section 62.10 is amended by:
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a. Revising the introductory text.
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b. Revising the table heading entitled ``Region and jurisdiction
covered''.
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c. Revising the entries ``II--New York, New Jersey, Puerto Rico, Virgin
Islands'', ``IV--Alabama, Florida, Georgia, Mississippi, Kentucky,
North Carolina, South Carolina, Tennessee'', and ``VI--Arkansas,
Louisiana, New Mexico, Oklahoma, Texas''.
The revisions read as follows:
Sec. 62.10 Submission to the Administrator.
Except as otherwise provided in Sec. 60.23 of this chapter, all
requests, reports, applications, submittals, and other communications
to the Administrator pursuant to this part shall be submitted in
duplicate and addressed to the appropriate Regional office of the
Environmental Protection Agency.'' The Regional offices are as follows:
Table 1 to Sec. 62.10
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Region and jurisdiction Address
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* * * * * * *
II--New York, New Jersey, Puerto Rico, 290 Broadway, New York, NY
Virgin Islands. 10007-1866.
* * * * * * *
IV--Alabama, Florida, Georgia, 61 Forsyth Street SW, Atlanta,
Mississippi, Kentucky, North Carolina, GA 30303-3104.
South Carolina, Tennessee.
* * * * * * *
VI--Arkansas, Louisiana, New Mexico, 1201 Elm Street, Suite 500,
Oklahoma, Texas. Dallas, TX 75270.
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3. Section 62.12 is amended by revising paragraphs (a) and (b) to read
as follows:
Sec. 62.12 Availability of applicable plans.
* * * * *
(a) EPA Docket Center, Room 3334, WJC West Building, 1301
Constitution Avenue NW, Washington, DC.
(b) The applicable EPA Regional office, at the address listed in
Sec. 62.10.
[FR Doc. 2019-18235 Filed 8-29-19; 8:45 am]
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