[Federal Register Volume 82, Number 16 (Thursday, January 26, 2017)]
[Rules and Regulations]
[Pages 8499-8501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01822]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 22, 51, 52, 61, 68, 80, 81, 124, 147, 171, 239, 259,
300, and 770
[FRL-9958-87-OP]
Delay of Effective Date for 30 Final Regulations Published by the
Environmental Protection Agency Between October 28, 2016 and January
17, 2017
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; delay of effective dates.
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SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2017, from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this
action temporarily delays until March 21, 2017, the effective date of
the regulations listed in the table below. EPA identified 30
regulations that meet those criteria.
DATES: This regulation is effective January 26, 2017. The effective
date of each regulation listed in the table below is delayed to a new
effective date of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Sarah Rees, Director, Office of
Regulatory Policy and Management, Office of Policy, Mail code 1804,
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW.,
Washington, DC
[[Page 8500]]
20460; (202) 564-1986; [email protected].
SUPPLEMENTARY INFORMATION: EPA bases this action on the Presidential
directive as expressed in the memorandum of January 20, 2017, from the
Assistant to the President and Chief of Staff, entitled ``Regulatory
Freeze Pending Review.'' That memorandum directed the heads of
Executive Departments and Agencies to temporarily postpone for sixty
days from the date of the memorandum the effective dates of all
regulations that had been published in the Federal Register but had not
yet taken effect. The memorandum also noted certain exceptions that do
not apply here. EPA identified 30 regulations that meet those criteria.
Those regulations are listed in the table below. The new effective date
for all 30 regulations is March 21, 2017.
The Agency's implementation of this action without opportunity for
public comment is based on the good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3), in that seeking public comment is
impracticable, unnecessary and contrary to the public interest. The
temporary delay in effective dates until March 21, 2017, is necessary
to give Agency officials the opportunity for further review and
consideration of new regulations, consistent with the memorandum of the
Assistant to the President and Chief of Staff, dated January 20, 2017.
Given the imminence of these effective dates, seeking prior public
comment on this temporary delay would have been impractical, as well as
contrary to the public interest in the orderly promulgation and
implementation of regulations. In addition, to the extent any
regulation below is a procedural rule, it is exempt from notice and
comment under 5 U.S.C. 553(b)(A).
Some of the regulations listed below would not have taken effect
until late February or March. For those regulations, the length of
today's delay is necessarily shorter than the delay established for
regulations that would have taken effect in January or early February.
The good cause exception applies here as well, because soliciting
comment would be contrary to the public interest. First, by announcing
today that all eligible regulations would be delayed until a single
fixed date (March 21, 2017), the Agency provides immediate notice of
its intention to further review and consider those regulations in
addition to the others that would have taken effect sooner. This allows
the later-published regulations to be considered more easily in context
of the earlier-published regulations. Second, by focusing its attention
on the substance of those later regulations rather than soliciting
comment on a decision to delay their effective date until March 21,
2017, the Agency can minimize or obviate the need for further temporary
delays beyond March 21. Third, as a practical matter, the new effective
date for these regulations would extend by only a few weeks their
original effective dates.
For the foregoing reasons, the good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3) also apply to EPA's decision to make today's
action effectively immediately.
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Publication Original New effective
Federal Register citation Title date effective date date
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81 FR 74927................... State of Kentucky Section 1425 10/28/16 1/26/2017 3/21/2017
Underground Injection Control
(UIC) Program Primacy Approval.
81 FR 95047................... Approval and Promulgation of 12/27/16 1/26/2017 3/21/2017
Implementation Plans; New York
Prevention of Significant
Deterioration of Air Quality
and Nonattainment New Source
Review; Infrastructure State
Implementation Plan
Requirements.
81 FR 95041................... Air Plan Approval; KY; RACM 12/27/16 1/26/2017 3/21/2017
Determination for the KY
Portion of the Louisville Area
1997 Annual PM2.5.
81 FR 95043................... Air Plan Approval; Wisconsin; 12/27/16 1/26/2017 3/21/2017
Infrastructure SIP Requirements
for the 2012 PM2.5 NAAQS.
81 FR 95051................... Approval and Promulgation of 12/27/16 1/26/2017 3/21/2017
Implementation Plans and
Designation of Areas for Air
Quality Planning Purposes;
Louisiana; Redesignation of
Baton Rouge 2008 8-Hour Ozone
Nonattainment Area to
Attainment.
81 FR 95480................... State of Kentucky Underground 12/28/16 1/27/2017 3/21/2017
Injection Control (UIC) Class
II Program; Primacy Approval.
81 FR 95475................... Air Plan Approval; Illinois; 12/28/16 1/27/2017 3/21/2017
Volatile Organic Compounds
Definition.
81 FR 95473................... Approval of California Air Plan 12/28/16 1/27/2017 3/21/2017
Revisions, Great Basin Unified
Air Pollution Control District.
81 FR 95472................... Approval of California Air Plan 12/28/16 1/27/2017 3/21/2017
Revisions, South Coast Air
Quality Management District.
82 FR 729..................... Partial Approval and Partial 1/4/17 2/3/2017 3/21/2017
Disapproval of Attainment Plan
for the Idaho Portion of the
Logan, Utah/Idaho PM2.5
Nonattainment Area.
82 FR 2760.................... Addition of a Subsurface 1/9/17 2/8/2017 3/21/2017
Intrusion Component to the
Hazard Ranking System.
82 FR 2237.................... Approval and Promulgation of 1/9/17 2/8/2017 3/21/2017
Implementation Plans; Rhode
Island; Clean Air Act
Infrastructure State and
Federal Implementation Plans.
81 FR 89746................... Renewable Fuel Standard Program: 12/12/16 2/10/2017 3/21/2017
Standards for 2017 and Biomass-
Based Diesel Volume for 2018.
81 FR 89674................... Formaldehyde Emission Standards 12/12/16 2/10/2017 3/21/2017
for Composite Wood Products.
82 FR 3171.................... Approval and Promulgation of 1/11/17 2/10/2017 3/21/2017
Implementation Plans; Texas;
Control of Air Pollution from
Visible Emissions and
Particulate Matter.
81 FR 89868................... Determination of Attainment of 12/13/16 2/13/2017 3/21/2017
the 2012 Annual Fine
Particulate Matter Standard;
Pennsylvania; Delaware County
Nonattainment Area.
82 FR 3639.................... Air Plan Approval; TN 1/12/17 2/13/2017 3/21/2017
Infrastructure Requirements for
the 2010 NO2 NAAQS.
82 FR 3637.................... Approval and Promulgation of 1/12/17 2/13/2017 3/21/2017
Implementation Plans; Alabama;
Infrastructure Requirements for
the 2010 Sulfur Dioxide
National Ambient Air Quality
Standard.
82 FR 5182.................... Revisions to the Guideline on 1/17/17 2/16/2017 3/21/2017
Air Quality Models:
Enhancements to the AERMOD
Dispersion Modeling System and
Incorporation of Approaches to
Address Ozone and Fine
Particulate Matter.
[[Page 8501]]
81 FR 91839................... Air Plan Approval; Michigan; 12/19/16 2/17/2017 3/21/2017
Part 9 Miscellaneous Rules.
81 FR 94262................... National Oil and Hazardous 12/23/16 2/21/2017 3/21/2017
Substances Pollution
Contingency Plan; National
Priorities List: Partial
Deletion of the North Penn Area
6 Superfund Site.
81 FR 93624................... Determination of Attainment of 12/21/16 2/21/2017 3/21/2017
the 2008 Ozone National Ambient
Air Quality Standards; Mariposa
County, California.
81 FR 85438................... Adequacy of Washington Municipal 11/28/16 2/27/2017 3/21/2017
Solid Waste Landfill Permit
Program--Direct Final Rule.
81 FR 95477................... Approval and Promulgation of 12/28/16 2/27/2017 3/21/2017
Implementation Plans;
Louisiana; State Boards.
82 FR 952..................... Pesticides; Certification of 1/4/17 3/6/2017 3/21/2017
Pesticide Applicators.
82 FR 1206.................... Air Plan Approval; Georgia: 1/5/17 3/6/2017 3/21/2017
Procedures for Testing and
Monitoring Sources of Air
Pollutants.
82 FR 2230.................... Consolidated Rules of Practice 1/9/17 3/10/2017 3/21/2017
Governing the Administrative
Assessment of Civil Penalties,
Issuance of Compliance or
Corrective Action Orders, and
the Revocation/Termination or
Suspension of Permits;
Procedures for Decisionmaking.
82 FR 2239.................... Approval of Arizona Air Plan 1/9/17 3/10/2017 3/21/2017
Revisions; Ajo and Morenci,
Arizona; Second 10-Year Sulfur
Dioxide Maintenance Plans and
Technical Correction.
82 FR 4594.................... Accidental Release Prevention 1/13/17 3/14/2017 3/21/2017
Requirements: Risk Management
Programs Under the Clean Air
Act.
82 FR 5142.................... Revisions to National Emission 1/17/17 3/20/2017 3/21/2017
Standards for Radon Emissions
from Operating Mill Tailings.
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Where appropriate, the Agency may consider delaying the effective
dates of the above-referenced regulations beyond March 21, 2017. If the
Agency were to do so, consistent with the memorandum of the Assistant
to the President and Chief of Staff, the Agency would propose any later
effective date for public comment.
Dated: January 23, 2017.
Catherine McCabe,
Acting Administrator.
[FR Doc. 2017-01822 Filed 1-24-17; 11:15 am]
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