82_FR_14516 82 FR 14463 - Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5

82 FR 14463 - Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14463-14464
FR Document2017-05552

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 PM<INF>2.5</INF> Nonattainment Area until April 20, 2017.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14463-14464]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                                  Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations                                                         14463

                                             petition for reconsideration by the                         requirements, Sulfur oxides, Volatile                         Authority: 42 U.S.C. 7401 et seq.
                                             Administrator of this final rule does not                   organic compounds.
                                             affect the finality of this action for the                    Samuel Coleman was designated the                       Subpart GG—New Mexico
                                             purposes of judicial review nor does it                     Acting Regional Administrator on
                                             extend the time within which a petition                     March 13, 2017, through the order of                      ■  2. In § 52.1620(c), the second table
                                             for judicial review may be filed, and                       succession outlined in Regional Order                     titled ‘‘EPA Approved Albuquerque/
                                             shall not postpone the effectiveness of                     R6–1110.1, a copy of which is included                    Bernalillo County, NM regulations’’ is
                                             such rule or action. This action may not                    in the docket for this action.                            amended by revising the entry for ‘‘Part
                                             be challenged later in proceedings to                         Dated: March 13, 2017.                                  100 (20.11.100 NMAC)’’ to read as
                                             enforce its requirements. (See section                      Samuel Coleman,                                           follows:
                                             307(b)(2).)                                                 Acting Regional Administrator, Region 6.                  § 52.1620       Identification of plan.
                                             List of Subjects in 40 CFR Part 52                              40 CFR part 52 is amended as follows:                 *       *    *         *     *
                                               Environmental protection, Air                             PART 52—APPROVAL AND                                          (c) * * *
                                             pollution control, Carbon monoxide,                         PROMULGATION OF
                                             Incorporation by reference, Nitrogen                        IMPLEMENTATION PLANS
                                             dioxide, Ozone, Particulate matter,
                                                                                                         ■ 1. The authority citation for part 52
                                             Reporting and recordkeeping
                                                                                                         continues to read as follows:
                                                                                EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
                                                                                                                                State
                                                                                                                              approval/
                                                         State citation                            Title/subject                                        EPA approval date                        Explanation
                                                                                                                              effective
                                                                                                                                date


                                                                *                      *                  *                       *                        *               *                          *
                                             Part 100 (20.11.100 NMAC) ............   Motor Vehicle Inspection—Decen-         08/16/2016       03/21/2017 [Insert Federal Reg-        20.11.100.5(B), 20.11.100.7(LL)(I)
                                                                                       tralized.                                                 ister Citation].                       and 20.11.100.17(E)(2) are NOT
                                                                                                                                                                                        part of the SIP.

                                                                  *                     *                      *                     *                    *                    *                    *



                                             *      *       *         *    *                             the Logan, Utah/Idaho PM2.5                               Monday through Friday, 8:30 to 4:30,
                                             [FR Doc. 2017–05376 Filed 3–20–17; 8:45 am]                 Nonattainment Area until April 20,                        excluding Federal holidays.
                                             BILLING CODE 6560–50–P                                      2017.                                                     FOR FURTHER INFORMATION CONTACT:    Jeff
                                                                                                         DATES:  As of March 21, 2017, the                         Hunt, Air Planning Unit, Office of Air
                                             ENVIRONMENTAL PROTECTION                                    effective date of the rule amending 40                    and Waste (OAW–150), Environmental
                                             AGENCY                                                      CFR part 52 published in the Federal                      Protection Agency, Region 10, 1200
                                                                                                         Register at 82 FR 729 on January 4,                       Sixth Ave, Suite 900, Seattle, WA
                                             40 CFR Part 52                                                                                                        98101; telephone number: (206) 553–
                                                                                                         2017, delayed at 82 FR 8499 on January
                                                                                                                                                                   0256; email address: hunt.jeff@epa.gov.
                                             [EPA–R10–OAR–2015–0067; FRL–9960–35–                        26, 2017, is further delayed to a new
                                             Region 10]                                                  effective date of April 20, 2017.                         SUPPLEMENTARY INFORMATION:

                                             Partial Approval and Partial                                ADDRESSES:    The EPA has established a                   I. Background Information
                                             Disapproval of Attainment Plan for the                      docket for this action under Docket ID                       On January 26, 2017, the EPA
                                             Idaho Portion of the Logan, Utah/Idaho                      No. EPA–R10–OAR–2015–0067. All                            published a document in the Federal
                                             PM2.5 Nonattainment Area; Further                           documents in the docket are listed on                     Register entitled ‘‘Delay of Effective
                                             Delay of Effective Date                                     the http://www.regulations.gov Web                        Date for 30 Final Regulations Published
                                                                                                         site. Although listed in the index, some                  by the Environmental Protection Agency
                                             AGENCY:   Environmental Protection                          information may not be publicly
                                             Agency (EPA).                                                                                                         Between October 28, 2016 and January
                                                                                                         available, i.e., Confidential Business                    17, 2017’’ (82 FR 8499). In that
                                             ACTION: Final rule; further delay of                        Information or other information the
                                             effective date.                                                                                                       document, the EPA delayed the effective
                                                                                                         disclosure of which is restricted by                      date of Partial Approval and Partial
                                             SUMMARY:   In accordance with the                           statute. Certain other material, such as                  Disapproval of Attainment Plan for the
                                             Presidential directive as expressed in                      copyrighted material, is not placed on                    Idaho Portion of the Logan, Utah/Idaho
                                             the memorandum of January 20, 2017,                         the Internet and is publicly available                    PM2.5 Nonattainment Area to March 21,
                                             from the Assistant to the President and                     only in hard copy form. Publicly                          2017, as requested in the memorandum
                                             Chief of Staff, entitled ‘‘Regulatory                       available docket materials are available                  of January 20, 2017, from the Assistant
                                             Freeze Pending Review,’’ and the                            at http://www.regulations.gov or at EPA                   to the President and Chief of Staff,
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                                             Federal Register document published                         Region 10, Office of Air and Waste, 1200                  entitled ‘‘Regulatory Freeze Pending
                                             by the Environmental Protection Agency                      Sixth Avenue, Seattle, Washington                         Review’’ (January 20 Memo). That
                                             (EPA or Agency) on January 26, 2017,                        98101. The EPA requests that you                          memo directed the heads of Executive
                                             the EPA is taking final action further                      contact the person listed in the FOR                      Departments and Agencies to
                                             delaying the effective date for Partial                     FURTHER INFORMATION CONTACT section to                    temporarily postpone for 60 days from
                                             Approval and Partial Disapproval of                         schedule your inspection. The Regional                    the date of the January 20 Memo the
                                             Attainment Plan for the Idaho Portion of                    Office’s official hours of business are                   effective dates of all regulations that had


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                                             14464              Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations

                                             been published in the Federal Register                  that may be needed to make such a                     21, 2017 on February 18, 2017 (82 FR
                                             but had not yet taken effect.                           determination.                                        10961), is further delayed to May 20,
                                                The January 20 Memo also states:                                                                           2017. Additionally, the effective date of
                                             ‘‘Where appropriate and as permitted by                 III. Final Action
                                                                                                                                                           the provisions of the final rule
                                             applicable law, [agencies] should                          The EPA is further delaying the                    contained in the following amendatory
                                             consider proposing for notice and                       effective date for Partial Approval and               instructions is delayed from July 1, 2017
                                             comment a rule to delay the effective                   Partial Disapproval of Attainment Plan                to October 1, 2017: Number 3 amending
                                             date for regulations beyond that 60-day                 for the Idaho Portion of the Logan, Utah/             42 CFR 510.2; number 4 adding 42 CFR
                                             period.’’ On February 24, 2017, the EPA                 Idaho PM2.5 Nonattainment Area until                  510.110; number 6 amending 42 CFR
                                             proposed to further delay the effective                 April 20, 2017.                                       510.120; number 14 amending 42 CFR
                                             date for the Partial Approval and Partial                March 13, 2017.                                      510.405; number 15 amending 42 CFR
                                             Disapproval of Attainment Plan for the                                                                        510.410; number 16 revising 42 CFR
                                                                                                     Michelle L. Pirzadeh,
                                             Idaho Portion of the Logan, Utah/Idaho                                                                        510.500; number 17 revising 42 CFR
                                             PM2.5 Nonattainment Area until April                    Acting Regional Administrator, Region 10.
                                                                                                                                                           510.505; number 18 adding 42 CFR
                                             20, 2017. In this document, the EPA is                  [FR Doc. 2017–05552 Filed 3–20–17; 8:45 am]
                                                                                                                                                           510.506; and number 19 amending 42
                                             finalizing action further delaying the                  BILLING CODE 6560–50–P
                                                                                                                                                           CFR 510.515.
                                             effective date for Partial Approval and                                                                          Applicability date: The applicability
                                             Partial Disapproval of Attainment Plan                                                                        date of the regulations at 42 CFR part
                                             for the Idaho Portion of the Logan, Utah/               DEPARTMENT OF HEALTH AND                              512 is delayed from their current
                                             Idaho PM2.5 Nonattainment Area until                    HUMAN SERVICES                                        applicability date of July 1, 2017 until
                                             April 20, 2017. This additional delay                                                                         October 1, 2017.
                                             will give Agency officials the                          Centers for Medicare & Medicaid                          Comment date: To be assured
                                             opportunity to decide whether they                      Services                                              consideration, comments must be
                                             would like to conduct a substantive                                                                           received at one of the addresses
                                             review of this rule. If Agency officials                42 CFR Parts 510 and 512                              provided below, no later than 5 p.m. on
                                             decide to conduct a substantive review                  [CMS–5519–IFC]                                        April 19, 2017.
                                             of Partial Approval and Partial
                                                                                                                                                           ADDRESSES: In commenting, please refer
                                             Disapproval of Attainment Plan for the                  RIN 0938–AS90
                                                                                                                                                           to file code CMS–5519–IFC. Because of
                                             Idaho Portion of the Logan, Utah/Idaho
                                             PM2.5 Nonattainment Area, the EPA will                  Medicare Program; Advancing Care                      staff and resource limitations, we cannot
                                             take appropriate actions to conduct such                Coordination Through Episode                          accept comments by facsimile (FAX)
                                             a review, including, but not limited to,                Payment Models (EPMs); Cardiac                        transmission.
                                             issuing a document in the Federal                       Rehabilitation Incentive Payment                         You may submit comments in one of
                                             Register addressing any further delays                  Model; and Changes to the                             four ways (please choose only one of the
                                             of the effective date of Partial Approval               Comprehensive Care for Joint                          ways listed).
                                             and Partial Disapproval of Attainment                   Replacement Model; Delay of Effective                    1. Electronically. You may submit
                                             Plan for the Idaho Portion of the Logan,                Date                                                  electronic comments on this regulation
                                             Utah/Idaho PM2.5 Nonattainment Area                                                                           to http://www.regulations.gov. Follow
                                                                                                     AGENCY:  Centers for Medicare &                       the ‘‘Submit a comment’’ instructions.
                                             or extensions of compliances dates in
                                                                                                     Medicaid Services (CMS), HHS.                            2. By regular mail. You may mail
                                             the rule. If Agency officials decide not
                                             to conduct a substantive review of                      ACTION: Interim final rule with comment               written comments to the following
                                             Partial Approval and Partial                            period; delay of effective date.                      address ONLY: Centers for Medicare &
                                             Disapproval of Attainment Plan for the                                                                        Medicaid Services, Department of
                                                                                                     SUMMARY:   This interim final rule with               Health and Human Services, Attention:
                                             Idaho Portion of the Logan, Utah/Idaho
                                                                                                     comment period (IFC) further delays the               CMS–5519–IFC, P.O. Box 8013,
                                             PM2.5 Nonattainment Area, it will
                                                                                                     effective date of the final rule entitled             Baltimore, MD 21244–8013.
                                             become effective on April 20, 2017.
                                                                                                     ‘‘Advancing Care Coordination Through                    Please allow sufficient time for mailed
                                             II. Response to Comments                                Episode Payment Models (EPMs);                        comments to be received before the
                                                The EPA received two comments                        Cardiac Rehabilitation Incentive                      close of the comment period.
                                             generally opposing delaying the                         Payment Model; and Changes to the                        3. By express or overnight mail. You
                                             effective date of the final rule, arguing               Comprehensive Care for Joint                          may send written comments to the
                                             that it was ‘‘absurd . . . under any                    Replacement Model’’ published in the                  following address ONLY: Centers for
                                             circumstances’’ (Commenter 1) and that                  January 3, 2017 Federal Register (82 FR               Medicare & Medicaid Services,
                                             there were ‘‘no grounds whatsoever’’ for                180) from March 21, 2017 until May 20,                Department of Health and Human
                                             the delay (Commenter 2).                                2017. This IFC also delays the                        Services, Attention: CMS–5519–IFC,
                                                Response: Contrary to the position                   applicability date of the regulations at              Mail Stop C4–26–05, 7500 Security
                                             asserted by comments, there are                         42 CFR part 512 from July 1, 2017 to                  Boulevard, Baltimore, MD 21244–1850.
                                             reasonable grounds for this additional                  October 1, 2017 and effective date of the                4. By hand or courier. Alternatively,
                                             short delay of the effective date. As                   specific CJR regulations itemized in the              you may deliver (by hand or courier)
                                             explained in the proposal and above,                    DATES section from July 1, 2017 to                    your written comments ONLY to the
                                             and consistent with the January 20                      October 1, 2017. We seek comment on                   following addresses prior to the close of
                                             Memo, this extension of the effective                   the appropriateness of this delay, as                 the comment period:
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                                             date is needed to give Agency officials—                well as a further applicability date delay               a. For delivery in Washington, DC—
                                             many of whom have arrived at the                        until January 1, 2018.                                Centers for Medicare & Medicaid
                                             Agency in recent weeks—an                               DATES: Effective date: As of March 20,                Services, Department of Health and
                                             opportunity to review the action and to                 2017, the effective date for the                      Human Services, Room 445–G, Hubert
                                             decide whether they would like to                       provisions of the final rule published in             H. Humphrey Building, 200
                                             conduct a substantive review of this                    the January 3, 2017 Federal Register (82              Independence Avenue SW.,
                                             rule, including any necessary briefings                 FR 180), which was delayed until March                Washington, DC 20201.


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Document Created: 2017-03-21 01:09:33
Document Modified: 2017-03-21 01:09:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; further delay of effective date.
DatesAs 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.
ContactJeff 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)
FR Citation82 FR 14463 

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