82 FR 14324 - Further Delay of Effective Dates for Five Final Regulations Published by the Environmental Protection Agency Between December 12, 2016 and January 17, 2017

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 52 (March 20, 2017)

Page Range		14324-14325
FR Document		2017-05462

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 EPA on January 26, 2017, EPA is further delaying the effective dates for the five regulations listed in the table below.

Federal Register, Volume 82 Issue 52 (Monday, March 20, 2017)

[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14324-14325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05462]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 22, 51, 124, 171, 300, and 770

[FRL-9960-28-OP]


Further Delay of Effective Dates for Five Final Regulations 
Published by the Environmental Protection Agency Between December 12, 
2016 and January 17, 2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; further delay of effective dates.

-----------------------------------------------------------------------

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 EPA on January 26, 2017, EPA 
is further delaying the effective dates for the five regulations listed 
in the table below.

DATES: This regulation is effective March 21, 2017. The effective date 
of each regulation listed in the table below is delayed to a new 
effective date of May 22, 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 20460; (202) 564-1986; rees.sarah@epa.gov.

SUPPLEMENTARY INFORMATION: On January 26, 2017, 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) (January 
26 Document). In that document, EPA delayed the effective dates of the 
five regulations listed in the table below 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 been published in the Federal Register but had not yet taken 
effect.
    The January 20 Memo also directs that where appropriate and as 
permitted by applicable law, agencies should consider a rule to delay 
the effective date for regulations beyond that 60-day period. In this 
document, EPA is taking action to further delay the effective dates for 
five regulations listed in the table below until May 22, 2017. EPA is 
taking this action to give recently arrived Agency officials the 
opportunity to learn more about these regulations and to decide whether 
they would like to conduct a substantive review of any of those 
regulations. If Agency officials decide to conduct a substantive review

[[Page 14325]]

of any of those regulations, 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 delay of the 
effective date of such regulation. If Agency officials decide not to 
conduct a substantive review of a regulation listed in the table below, 
it will become effective on May 22, 2017.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in 5 U.S.C. 
553(b)(B). (The good cause exception is also referenced in section 
307(d) of the Clean Air Act (CAA).) The Agency has determined that 
seeking public comment is impracticable, unnecessary and contrary to 
the public interest. The further temporary delay in effective date 
until May 22, 2017, is necessary to give Agency officials the 
opportunity to decide whether they would like to conduct a substantive 
review of the five regulations, consistent with the January 20 Memo. 
The intent of the January 20 Memo was to delay the effective dates of 
rules that had recently been promulgated to give the new Administration 
time to review them. When that delay was implemented through the 
January 26 Document, the EPA believed 60 days would be sufficient time 
for incoming Agency officials to review rules recently promulgated by 
the EPA. However, given the length of the confirmation process for the 
EPA Administrator and the fact that the Agency lacks Senate-confirmed 
officials elsewhere, the new Administration has not had the time 
contemplated by the January 20 Memo for this review. Thus, the EPA is 
deferring the effective date for the five regulations listed in the 
table below for another 62 days to allow Agency officials to conduct 
this review. Given the imminence of the effective date, seeking prior 
public comment on this further temporary delay would be impractical, as 
well as contrary to the public interest in the orderly promulgation and 
implementation of regulations. Specifically, the Agency has been faced 
with circumstances beyond its control; as was the case on January 26, 
it is difficult to predict when the appropriate officials might assume 
their responsibilities. Indeed, as noted above, even today the EPA has 
only one Senate-confirmed official in place. Furthermore, allowing 
these regulations to go into effect without first deciding whether to 
undertake a substantive review may create public confusion. In 
addition, to the extent this extension is a procedural rule, it is 
exempt from notice and comment under 5 U.S.C. 553(b)(A), which is also 
referenced in CAA section 307(d).

----------------------------------------------------------------------------------------------------------------
                                                                    Publication      Original      New effective
     Federal Register citation                  Title                  date       effective date       date
----------------------------------------------------------------------------------------------------------------
82 FR 2760.........................  Addition of a Subsurface             1/9/17        2/8/2017       5/22/2017
                                      Intrusion Component to the
                                      Hazard Ranking System.
81 FR 89674........................  Formaldehyde Emission              12/12/16       2/10/2017       5/22/2017
                                      Standards for Composite
                                      Wood Products.
82 FR 5182.........................  Revisions to the Guideline          1/17/17       2/16/2017       5/22/2017
                                      on Air Quality Models:
                                      Enhancements to the AERMOD
                                      Dispersion Modeling System
                                      and Incorporation of
                                      Approaches to Address
                                      Ozone and Fine Particulate
                                      Matter.
82 FR 952..........................  Pesticides; Certification            1/4/17        3/6/2017       5/22/2017
                                      of Pesticide Applicators.
82 FR 2230.........................  Consolidated Rules of                1/9/17       3/10/2017       5/22/2017
                                      Practice 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.
----------------------------------------------------------------------------------------------------------------

    For the foregoing reasons, the EPA relies on the good cause 
exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3) to make today's action 
effective on March 21, 2017.

    Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-05462 Filed 3-17-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations 14325

of any of those regulations, EPA will conduct a substantive review of the five the imminence of the effective date,
take appropriate actions to conduct such regulations, consistent with the January seeking prior public comment on this
a review, including, but not limited to, 20 Memo. The intent of the January 20 further temporary delay would be
issuing a document in the Federal Memo was to delay the effective dates impractical, as well as contrary to the
Register addressing any further delay of of rules that had recently been public interest in the orderly
the effective date of such regulation. If promulgated to give the new promulgation and implementation of
Agency officials decide not to conduct Administration time to review them. regulations. Specifically, the Agency has
a substantive review of a regulation When that delay was implemented been faced with circumstances beyond
listed in the table below, it will become through the January 26 Document, the its control; as was the case on January
effective on May 22, 2017. EPA believed 60 days would be
26, it is difficult to predict when the
The Agency’s implementation of this sufficient time for incoming Agency
action without opportunity for public appropriate officials might assume their
officials to review rules recently
comment is based on the good cause promulgated by the EPA. However, responsibilities. Indeed, as noted above,
exception in 5 U.S.C. 553(b)(B). (The given the length of the confirmation even today the EPA has only one
good cause exception is also referenced process for the EPA Administrator and Senate-confirmed official in place.
in section 307(d) of the Clean Air Act the fact that the Agency lacks Senate- Furthermore, allowing these regulations
(CAA).) The Agency has determined confirmed officials elsewhere, the new to go into effect without first deciding
that seeking public comment is Administration has not had the time whether to undertake a substantive
impracticable, unnecessary and contrary contemplated by the January 20 Memo review may create public confusion. In
to the public interest. The further for this review. Thus, the EPA is addition, to the extent this extension is
temporary delay in effective date until deferring the effective date for the five a procedural rule, it is exempt from
May 22, 2017, is necessary to give regulations listed in the table below for notice and comment under 5 U.S.C.
Agency officials the opportunity to another 62 days to allow Agency 553(b)(A), which is also referenced in
decide whether they would like to officials to conduct this review. Given CAA section 307(d).

Publication Original New effective
Federal Register citation Title date effective date date

82 FR 2760 ............................. Addition of a Subsurface Intrusion Component to the Haz- 1/9/17 2/8/2017 5/22/2017
ard Ranking System.
81 FR 89674 ........................... Formaldehyde Emission Standards for Composite Wood 12/12/16 2/10/2017 5/22/2017
Products.
82 FR 5182 ............................. Revisions to the Guideline on Air Quality Models: Enhance- 1/17/17 2/16/2017 5/22/2017
ments to the AERMOD Dispersion Modeling System and
Incorporation of Approaches to Address Ozone and Fine
Particulate Matter.
82 FR 952 ............................... Pesticides; Certification of Pesticide Applicators ................... 1/4/17 3/6/2017 5/22/2017
82 FR 2230 ............................. Consolidated Rules of Practice Governing the Administra- 1/9/17 3/10/2017 5/22/2017
tive Assessment of Civil Penalties, Issuance of Compli-
ance or Corrective Action Orders, and the Revocation/
Termination or Suspension of Permits; Procedures for
Decisionmaking.

For the foregoing reasons, the EPA ENVIRONMENTAL PROTECTION with an aerodynamic diameter less than
relies on the good cause exceptions in AGENCY or equal to a nominal 2.5 micrometers)
5 U.S.C. 553(b)(B) and 553(d)(3) to make NAAQS. This action corrects Equation 2
today’s action effective on March 21, 40 CFR Part 50 to properly account for cases where a
2017. [EPA–HQ–OAR–2016–0408; FRL–9958–29– site has quarters without daily values
OAR] and passes the minimum quarterly
Dated: March 14, 2017.
value data substitution test. This change
E. Scott Pruitt, RIN 2060–AS89 accurately reflects the intended
Administrator. calculation of the annual PM2.5 design
Technical Correction to the National
[FR Doc. 2017–05462 Filed 3–17–17; 8:45 am] value and is consistent with the text of
Ambient Air Quality Standards for
BILLING CODE 6560–50–P section 4.1 in appendix N to part 50.
Particulate Matter
DATES:This final rule is effective on
AGENCY: Environmental Protection May 19, 2017.
Agency (EPA).
ACTION: Final rule. ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY: The Environmental Protection No. EPA–HQ–OAR–2016–0408. All
Agency (EPA) is taking final action to documents in the docket are listed on
make a technical correction to equation the http://www.regulations.gov Web
2 in appendix N to part 50, section site. Although listed in the index, some
nlaroche on DSK30NT082PROD with RULES

4.4(b) of the National Ambient Air information is not publicly available,
Quality Standards (NAAQS) for e.g., confidential business information
Particulate Matter. Equation 2 in or other information whose disclosure is
appendix N describes an intermediate restricted by statute. Certain other
step in the calculation of the design material, such as copyrighted material,
value for the annual PM2.5 (particles is not placed on the Internet and will be

VerDate Sep<11>2014 15:08 Mar 17, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1

Document Created: 2017-03-18 01:11:05
Document Modified: 2017-03-18 01:11:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; further delay of effective dates.
Dates		This regulation is effective March 21, 2017. The effective date of each regulation listed in the table below is delayed to a new effective date of May 22, 2017.
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 20460; (202) 564-1986; [email protected]
FR Citation		82 FR 14324
CFR Citation		40 CFR 124 40 CFR 171 40 CFR 22 40 CFR 300 40 CFR 51 40 CFR 770