[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update and modify the outdated General Provisions that note that state 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: 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 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: howard.jodi@epa.gov.

SUPPLEMENTARY INFORMATION: Public hearing. Please contact Nancy Perry 
at (919-541-5628 or at perry.nancy@epa.gov 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,

[[Page 45702]]

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


