[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Proposed Rules]
[Pages 45700-45702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18240]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-HQ-OAR-2019-0298; FRL-9998-65-OAR]
RIN 2060-AU49
General Provisions Amendments: Incorporation by Reference of
State Plans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency is proposing 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update and modify the outdated General Provisions that note that state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. Concurrently, EPA is also taking direct final action on
these amendments. If we receive no significant adverse comment, we will
not take further action on this proposed rule.
DATES:
Comments. Comments must be received on or before October 15, 2019,
or 30 days after date of public hearing, if one is requested.
Public hearing. If anyone contacts us requesting a public hearing
on or before September 4, 2019, we will hold a hearing. Additional
information about the hearing, if requested, will be published in a
subsequent Federal Register document and posted at https://www.epa.gov/stationary-sources-air-pollution/amendments-general-provisions-part-62-incorporation-reference-clean. See SUPPLEMENTARY INFORMATION for
information on registering and attending a public hearing.
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.
[[Page 45701]]
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 proposed
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: Public hearing. Please contact Nancy Perry
at (919-541-5628 or at [email protected] to request a hearing, to
determine if a hearing will be held, or to register to speak at the
hearing, if one is held.
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 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.
I. Why is the EPA issuing this proposed rule?
The EPA is issuing both a proposal and a direct final rule amending
Sec. Sec. 62.02, 62.10, and 62.12 of subpart A of 40 CFR part 62. As
further discussed in the direct final rule action, these amendments
update and clarify provisions relating to the Incorporation by
Reference (IBR) of state plans approved, in accordance with Clean Air
Act sections 111(d) and 129, by the EPA, including information
concerning the availability of such plans.
The EPA is taking direct final action because we view the revisions
as administrative, noncontroversial, and anticipate no significant
adverse comments. The EPA has identified the specific revisions and
explained our reasons for these revisions in the direct final rule. At
the same time, the EPA is proposing to make the same amendments. If no
significant adverse comments are received, no further action will be
taken on the proposal,
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and the direct final rule will become effective as provided in that
action.
If the EPA receives significant adverse comments, we will withdraw
the direct final rule. The EPA will publish a timely withdrawal in the
Federal Register. If the direct final rule in the Rules and Regulations
section of this Federal Register is withdrawn, all comments will be
addressed in a subsequent final rule based on this proposal. The EPA
will not institute a second comment period pertaining to the revisions
on the subsequent final action. Any parties interested in commenting
should do so at this time.
The amendments to the regulatory text proposed in this notice are
identical to the amendments made in the direct final rule published in
the Rules and Regulations section of this Federal Register. For further
supplementary information and the rationale for the proposal and the
regulatory revisions, see the direct final rule published in the Rules
and Regulations section of this Federal Register.
II. Statutory and Executive Order Reviews
For a complete discussion of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
Dated: August 15, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-18240 Filed 8-29-19; 8:45 am]
BILLING CODE 6560-50-P