[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action is intended to update and modify the outdated General Provisions 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become effective and which provisions are being withdrawn due to 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: a-and-r-docket@epa.gov. 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: howard.jodi@epa.gov.

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

[[Page 45656]]

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

[[Page 45657]]

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

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
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.
* * * * *

0
3. Section 62.10 is amended by:
0
a. Revising the introductory text.
0
b. Revising the table heading entitled ``Region and jurisdiction 
covered''.
0
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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0
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]
BILLING CODE 6560-50-P


