82 FR 28561 - Correction to Incorporations by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range		28561-28562
FR Document		2017-12968

The Environmental Protection Agency (EPA) is taking action to correct paragraph numbering in the Incorporations by Reference (IBR) section of our regulations that specifically lists material that can be purchased from the American Society for Testing and Materials (ASTM). This action assigns the appropriate IBR paragraph numbers by correcting paragraph ordering errors.

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017)

[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28561-28562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12968]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2014-0292; FRL-9963-67-OAR]


Correction to Incorporations by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking action to 
correct paragraph numbering in the Incorporations by Reference (IBR) 
section of our regulations that specifically lists material that can be 
purchased from the American Society for Testing and Materials (ASTM). 
This action assigns the appropriate IBR paragraph numbers by correcting 
paragraph ordering errors.

DATES:  Effective: June 23, 2017.

FOR FURTHER INFORMATION CONTACT: Mrs. Lula H. Melton, Air Quality 
Assessment Division, Office of Air Quality Planning and Standards 
(E143-02), Environmental Protection Agency, Research Triangle Park, NC 
27711; telephone number: (919) 541-2910; fax number: (919) 541-0516; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:  This action corrects paragraph ordering 
errors in 40 CFR 60.17(h) as highlighted in the editorial note at the 
end of Sec.  60.17. The editorial note mentions that amendments could 
not be incorporated into Sec.  60.17(h) as requested in a final rule 
published August 30, 2016 (Revisions to Test Methods, Performance 
Specifications, and Testing Regulations for Air Emission Sources (81 FR 
59799)), because paragraph (h)(207) already existed as of the effective 
date. This issue occurred when two rules that both added incorporation 
by reference paragraphs in Sec.  60.17(h) published out of order.
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this technical amendment final without 
prior proposal and opportunity for public amendment because only simple 
publication errors are being corrected that do not

[[Page 28562]]

substantially change the agency actions taken in the final rule. Thus, 
notice and public procedure are unnecessary. (See also the final 
sentence of section 307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 
307(d)(1)), indicating that the good cause provisions in subsection 
553(b) of the APA continue to apply to this type of rulemaking under 
section 307(d) of the CAA.)

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference.

    Dated: June 2, 2017.
Sarah Dunham,
Acting Assistant Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends title 40, chapter I of the Code of Federal 
Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. In Sec.  60.17:
0
a. Redesignate paragraphs (h)(191) through (202), (204), (205), and 
(207) as follows:

------------------------------------------------------------------------
               Old paragraph                        New paragraph
------------------------------------------------------------------------
(h)(191)..................................  (h)(192)
(h)(192)..................................  (h)(193)
(h)(193)..................................  (h)(194)
(h)(194)..................................  (h)(195)
(h)(195)..................................  (h)(196)
(h)(196)..................................  (h)(197)
(h)(197)..................................  (h)(198)
(h)(198)..................................  (h)(199)
(h)(199)..................................  (h)(200)
(h)(200)..................................  (h)(201)
(h)(201)..................................  (h)(204)
(h)(202)..................................  (h)(209)
(h)(204)..................................  (h)(205)
(h)(205)..................................  (h)(207)
(h)(207)..................................  (h)(208)
------------------------------------------------------------------------

0
b. Add paragraphs (h)(191) and (h)(202).
    The additions read as follows:


Sec.  60.17  Incorporations by reference.

* * * * *
    (h) * * *
    (191) ASTM D6911-15, Standard Guide for Packaging and Shipping 
Environmental Samples for Laboratory Analysis, approved January 15, 
2015, IBR approved for appendix A-8: Method 30B.
* * * * *
    (202) ASTM E617-13, Standard Specification for Laboratory Weights 
and Precision Mass Standards, approved May 1, 2013, IBR approved for 
appendix A-3: Methods 4, 5, 5H, 5I, and appendix A-8: Method 29.
* * * * *

[FR Doc. 2017-12968 Filed 6-22-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28561

• does not contain any unfunded not affect the finality of this action for ENVIRONMENTAL PROTECTION
mandate or significantly or uniquely the purposes of judicial review nor does AGENCY
affect small governments, as described it extend the time within which a
in the Unfunded Mandates Reform Act petition for judicial review may be filed, 40 CFR Part 60
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness [EPA–HQ–OAR–2014–0292; FRL–9963–67–
• does not have Federalism of such rule or action. This action may OAR]
implications as specified in Executive not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, enforce its requirements (see section Correction to Incorporations by
1999); 307(b)(2)). Reference
• is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection
safety risks subject to Executive Order Agency (EPA).
Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); ACTION: Final rule; technical
• is not a significant regulatory action pollution control, Incorporation by
reference, Intergovernmental amendment.
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); regulations, Ozone, Reporting and SUMMARY: The Environmental Protection
• is not subject to requirements of recordkeeping requirements, Volatile Agency (EPA) is taking action to correct
Section 12(d) of the National organic compounds. paragraph numbering in the
Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq. Incorporations by Reference (IBR)
Act of 1995 (15 U.S.C. 272 note) because section of our regulations that
Dated: May 31, 2017.
application of those requirements would specifically lists material that can be
be inconsistent with the Clean Air Act; Alexis Strauss, purchased from the American Society
and Acting Regional Administrator, Region IX. for Testing and Materials (ASTM). This
• does not provide the EPA with the action assigns the appropriate IBR
discretionary authority to address, as Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as paragraph numbers by correcting
appropriate, disproportionate human paragraph ordering errors.
health or environmental effects, using follows:
DATES: Effective: June 23, 2017.
practicable and legally permissible PART 52—APPROVAL AND FOR FURTHER INFORMATION CONTACT: Mrs.
methods, under Executive Order 12898 PROMULGATION OF
(59 FR 7629, February 16, 1994). Lula H. Melton, Air Quality Assessment
IMPLEMENTATION PLANS Division, Office of Air Quality Planning
In addition, the SIP is not approved
to apply on any Indian reservation land and Standards (E143–02),
or in any other area where the EPA or ■ 1. The authority citation for part 52 Environmental Protection Agency,
an Indian tribe has demonstrated that a continues to read as follows: Research Triangle Park, NC 27711;
tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. telephone number: (919) 541–2910; fax
Indian country, the rule does not have number: (919) 541–0516; email address:
tribal implications and will not impose Subpart F—California melton.lula@epa.gov.
substantial direct costs on tribal SUPPLEMENTARY INFORMATION: This
governments or preempt tribal law as ■ 2. Section 52.220 is amended by action corrects paragraph ordering
specified by Executive Order 13175 (65 adding paragraph (c)(486)(ii)(A)(2) to errors in 40 CFR 60.17(h) as highlighted
FR 67249, November 9, 2000). read as read as follows: in the editorial note at the end of
The Congressional Review Act, 5 § 60.17. The editorial note mentions that
§ 52.220 Identification of plan—in part. amendments could not be incorporated
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement * * * * * into § 60.17(h) as requested in a final
Fairness Act of 1996, generally provides (c) * * * rule published August 30, 2016
that before a rule may take effect, the (Revisions to Test Methods,
(486) * * *
agency promulgating the rule must Performance Specifications, and Testing
submit a rule report, which includes a (ii) * * * Regulations for Air Emission Sources
copy of the rule, to each House of the (A) * * * (81 FR 59799)), because paragraph
Congress and to the Comptroller General (h)(207) already existed as of the
(2) California Air Resources Board,
of the United States. The EPA will effective date. This issue occurred when
Staff Report, Proposed Updates to the
submit a report containing this action two rules that both added incorporation
1997 8-Hour Ozone Standard, State
and other required information to the by reference paragraphs in § 60.17(h)
Implementation Plans; Coachella Valley
U.S. Senate, the U.S. House of published out of order.
and Western Mojave Desert, adopted on
Representatives, and the Comptroller Section 553 of the Administrative
October 24, 2014: ‘‘Reasonable Further
General of the United States prior to Procedure Act (APA), 5 U.S.C.
Progress Demonstration Update,’’ at p.
publication of the rule in the Federal 553(b)(3)(B), provides that, when an
10 (excluding those portions that
Register. A major rule cannot take effect agency for good cause finds that notice
pertain to reasonable further progress
until 60 days after it is published in the and public procedure are impracticable,
targets after 2011); Table A–2 (excluding
Federal Register. This action is not a unnecessary, or contrary to the public
pp. A–10 through A–12, and those
‘‘major rule’’ as defined by 5 U.S.C. interest, the agency may issue a rule
portions that pertain to reasonable
804(2). without providing notice and an
Pmangrum on DSK7TPTVN1PROD with RULES

further progress targets after 2011);
Under section 307(b)(1) of the Clean opportunity for public comment. We
Table C–2 (excluding those portions that
Air Act, petitions for judicial review of have determined that there is good
pertain to reasonable further progress
this action must be filed in the United cause for making this technical
targets after 2011).
States Court of Appeals for the amendment final without prior proposal
appropriate circuit by August 22, 2017. * * * * * and opportunity for public amendment
Filing a petition for reconsideration by [FR Doc. 2017–12966 Filed 6–22–17; 8:45 am] because only simple publication errors
the Administrator of this final rule does BILLING CODE 6560–50–P are being corrected that do not

VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1

28562 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations

substantially change the agency actions and Precision Mass Standards, approved official comment and should include
taken in the final rule. Thus, notice and May 1, 2013, IBR approved for appendix discussion of all points you wish to
public procedure are unnecessary. (See A–3: Methods 4, 5, 5H, 5I, and appendix make. The EPA will generally not
also the final sentence of section A–8: Method 29. consider comments or comment
307(d)(1) of the Clean Air Act (CAA), 42 * * * * * contents located outside of the primary
U.S.C. 307(d)(1)), indicating that the [FR Doc. 2017–12968 Filed 6–22–17; 8:45 am]
submission (i.e., on the Web, cloud, or
good cause provisions in subsection other file sharing system). For
BILLING CODE 6560–50–P
553(b) of the APA continue to apply to additional submission methods, the full
this type of rulemaking under section EPA public comment policy,
307(d) of the CAA.) ENVIRONMENTAL PROTECTION information about CBI or multimedia
AGENCY submissions, and general guidance on
List of Subjects in 40 CFR Part 60
making effective comments, please visit
Environmental protection, 40 CFR Part 63 http://www2.epa.gov/dockets/
Administrative practice and procedure, commenting-epa-dockets.
Air pollution control, Incorporation by [EPA–HQ–OAR–2016–0442; FRL–9964–14–
OAR] FOR FURTHER INFORMATION CONTACT: Mr.
reference. Brian Storey, Sector Policies and
Dated: June 2, 2017. RIN 2060–AT57 Programs Division (D243–04), Office of
Sarah Dunham, Air Quality Planning and Standards,
National Emission Standards for U.S. Environmental Protection Agency,
Acting Assistant Administrator. Hazardous Air Pollutants From the
For the reasons stated in the Research Triangle Park, North Carolina
Portland Cement Manufacturing 27711; telephone number: (919) 541–
preamble, the Environmental Protection Industry: Alternative Monitoring
Agency amends title 40, chapter I of the 1103; fax number: (919) 541–5450; and
Method email address: storey.brian@epa.gov.
Code of Federal Regulations as follows:
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
PART 60—STANDARDS OF Agency (EPA). Organization of This Document. The
PERFORMANCE FOR NEW ACTION: Direct final rule. information in this preamble is
STATIONARY SOURCES organized as follows:
SUMMARY: The EPA is taking direct final
I. General Information
■ 1. The authority citation for part 60 action to amend the National Emission
A. Why is the EPA using a direct final rule?
continues to read as follows: Standards for Hazardous Air Pollutants B. Does this direct final rule apply to me?
Authority: 42 U.S.C. 7401, et seq. From the Portland Cement C. What should I consider as I prepare my
Manufacturing Industry. This direct comments for the EPA?
■ 2. In § 60.17:
■ a. Redesignate paragraphs (h)(191) final rule provides a compliance II. What are the amendments made by this
alternative for sources that would direct final rule?
through (202), (204), (205), and (207) as III. Statutory and Executive Order Reviews
follows: otherwise be required to use a hydrogen
chloride (HCl) continuous emissions A. Executive Order 12866: Regulatory
Planning and Review and Executive
Old paragraph New paragraph monitoring system (CEMS) to
Order 13563: Improving Regulation and
demonstrate compliance with the HCl Regulatory Review
(h)(191) ..................... (h)(192) emissions limit. This compliance B. Paperwork Reduction Act (PRA)
(h)(192) ..................... (h)(193) alternative is needed due to the current C. Regulatory Flexibility Act (RFA)
(h)(193) ..................... (h)(194) unavailability of the HCl calibration D. Unfunded Mandates Reform Act
(h)(194) ..................... (h)(195) gases used for CEMS quality assurance (UMRA)
(h)(195) ..................... (h)(196) purposes. E. Executive Order 13132: Federalism
(h)(196) ..................... (h)(197) F. Executive Order 13175: Consultation
(h)(197) ..................... (h)(198) DATES: This rule is effective on July 5,
and Coordination With Indian Tribal
(h)(198) ..................... (h)(199) 2017 without further notice, unless the Governments
(h)(199) ..................... (h)(200) EPA receives significant adverse G. Executive Order 13045: Protection of
(h)(200) ..................... (h)(201) comment by July 3, 2017. If the EPA Children From Environmental Health
(h)(201) ..................... (h)(204) receives significant adverse comment, Risks and Safety Risks
(h)(202) ..................... (h)(209) we will publish a timely withdrawal in H. Executive Order 13211: Actions
(h)(204) ..................... (h)(205) the Federal Register informing the Concerning Regulations That
(h)(205) ..................... (h)(207) public that the rule will not take effect. Significantly Affect Energy Supply,
(h)(207) ..................... (h)(208) Distribution, or Use
ADDRESSES: Submit your comments, I. National Technology Transfer and
■ b. Add paragraphs (h)(191) and identified by Docket ID No. EPA–HQ– Advancement Act (NTTAA)
(h)(202). OAR–2016–0442, at http:// J. Executive Order 12898: Federal Actions
The additions read as follows: www.regulations.gov. Follow the online To Address Environmental Justice in
instructions for submitting comments. Minority Populations and Low-Income
§ 60.17 Incorporations by reference. Once submitted, comments cannot be Populations
* * * * * edited or removed from Regulations.gov. K. Congressional Review Act (CRA)
(h) * * * The EPA may publish any comment I. General Information
(191) ASTM D6911–15, Standard received to its public docket. Do not
Guide for Packaging and Shipping submit electronically any information A. Why is the EPA using a direct final
Pmangrum on DSK7TPTVN1PROD with RULES

Environmental Samples for Laboratory you consider to be Confidential rule?
Analysis, approved January 15, 2015, Business Information (CBI) or other The EPA is publishing this direct final
IBR approved for appendix A–8: information whose disclosure is rule without a prior proposed rule
Method 30B. restricted by statute. Multimedia because we view this as a
* * * * * submissions (audio, video, etc.) must be noncontroversial action and do not
(202) ASTM E617–13, Standard accompanied by a written comment. anticipate significant adverse comment.
Specification for Laboratory Weights The written comment is considered the However, in the ‘‘Proposed Rules’’

VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1

Document Created: 2017-06-23 03:37:47
Document Modified: 2017-06-23 03:37:47

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; technical amendment.
Dates		Effective: June 23, 2017.
Contact		Mrs. Lula H. Melton, Air Quality Assessment Division, Office of Air Quality Planning and Standards (E143-02), Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-2910; fax number: (919) 541-0516;
FR Citation		82 FR 28561
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control and Incorporation by Reference