[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14463-14464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05552]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0067; FRL-9960-35-Region 10]


Partial Approval and Partial Disapproval of Attainment Plan for 
the Idaho Portion of the Logan, Utah/Idaho PM2.5 
Nonattainment Area; Further Delay of Effective Date

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; further delay of effective date.

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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,'' and 
the Federal Register document published by the Environmental Protection 
Agency (EPA or Agency) on January 26, 2017, the EPA is taking final 
action further delaying the effective date for Partial Approval and 
Partial Disapproval of Attainment Plan for the Idaho Portion of the 
Logan, Utah/Idaho PM2.5 Nonattainment Area until April 20, 
2017.

DATES: As of March 21, 2017, the effective date of the rule amending 40 
CFR part 52 published in the Federal Register at 82 FR 729 on January 
4, 2017, delayed at 82 FR 8499 on January 26, 2017, is further delayed 
to a new effective date of April 20, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2015-0067. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information may not be publicly available, i.e., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and is publicly 
available only in hard copy form. Publicly available docket materials 
are available at http://www.regulations.gov or at EPA Region 10, Office 
of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA 
requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, Air Planning Unit, Office 
of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 
1200 Sixth Ave, Suite 900, Seattle, WA 98101; telephone number: (206) 
553-0256; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background Information

    On January 26, 2017, the EPA published a document in the Federal 
Register entitled ``Delay of Effective Date for 30 Final Regulations 
Published by the Environmental Protection Agency Between October 28, 
2016 and January 17, 2017'' (82 FR 8499). In that document, the EPA 
delayed the effective date of Partial Approval and Partial Disapproval 
of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho 
PM2.5 Nonattainment Area to March 21, 2017, as requested in 
the memorandum of January 20, 2017, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review'' 
(January 20 Memo). That memo directed the heads of Executive 
Departments and Agencies to temporarily postpone for 60 days from the 
date of the January 20 Memo the effective dates of all regulations that 
had

[[Page 14464]]

been published in the Federal Register but had not yet taken effect.
    The January 20 Memo also states: ``Where appropriate and as 
permitted by applicable law, [agencies] should consider proposing for 
notice and comment a rule to delay the effective date for regulations 
beyond that 60-day period.'' On February 24, 2017, the EPA proposed to 
further delay the effective date for the Partial Approval and Partial 
Disapproval of Attainment Plan for the Idaho Portion of the Logan, 
Utah/Idaho PM2.5 Nonattainment Area until April 20, 2017. In 
this document, the EPA is finalizing action further delaying the 
effective date for Partial Approval and Partial Disapproval of 
Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho 
PM2.5 Nonattainment Area until April 20, 2017. This 
additional delay will give Agency officials the opportunity to decide 
whether they would like to conduct a substantive review of this rule. 
If Agency officials decide to conduct a substantive review of Partial 
Approval and Partial Disapproval of Attainment Plan for the Idaho 
Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area, 
the EPA will take appropriate actions to conduct such a review, 
including, but not limited to, issuing a document in the Federal 
Register addressing any further delays of the effective date of Partial 
Approval and Partial Disapproval of Attainment Plan for the Idaho 
Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area or 
extensions of compliances dates in the rule. If Agency officials decide 
not to conduct a substantive review of Partial Approval and Partial 
Disapproval of Attainment Plan for the Idaho Portion of the Logan, 
Utah/Idaho PM2.5 Nonattainment Area, it will become 
effective on April 20, 2017.

II. Response to Comments

    The EPA received two comments generally opposing delaying the 
effective date of the final rule, arguing that it was ``absurd . . . 
under any circumstances'' (Commenter 1) and that there were ``no 
grounds whatsoever'' for the delay (Commenter 2).
    Response: Contrary to the position asserted by comments, there are 
reasonable grounds for this additional short delay of the effective 
date. As explained in the proposal and above, and consistent with the 
January 20 Memo, this extension of the effective date is needed to give 
Agency officials--many of whom have arrived at the Agency in recent 
weeks--an opportunity to review the action and to decide whether they 
would like to conduct a substantive review of this rule, including any 
necessary briefings that may be needed to make such a determination.

III. Final Action

    The EPA is further delaying the effective date for Partial Approval 
and Partial Disapproval of Attainment Plan for the Idaho Portion of the 
Logan, Utah/Idaho PM2.5 Nonattainment Area until April 20, 
2017.

    March 13, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-05552 Filed 3-20-17; 8:45 am]
 BILLING CODE 6560-50-P