82 FR 33807 - Air Plan Approval; Florida: Unnecessary Rule Removal
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 139 (July 21, 2017)
Federal Register Volume 82, Issue 139 (July 21, 2017)
| Page Range | 33807-33809 | |
| FR Document | 2017-15268 |
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)] [Rules and Regulations] [Pages 33807-33809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15268] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0656; FRL-9965-14-Region 4] Air Plan Approval; Florida: Unnecessary Rule Removal AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Florida State Implementation Plan submitted by the Florida Department of Environmental Protection (DEP) on February 20, 2013. The revision removes unnecessary and superseded rules from the Florida State Implementation Plan (SIP). Specifically, this revision removes non-regulatory introductory language, as well as a regulation that has been superseded by more stringent federal regulations. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This direct final rule is effective September 19, 2017 without further notice, unless EPA receives adverse comment by August 21, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2016-0656 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment [[Page 33808]] contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In accordance with 40 CFR 51.103, DEP submitted for EPA to review and approve revisions to Florida's SIP under the CAA. The SIP revision removes four rules from the SIP that are unnecessary or have been superseded by federal regulations. The rules requested to be removed from the SIP are Rule 62-210.100, Florida Administrative Record (F.A.C.), ``Purpose and Scope;'' Rule 62-212.100, F.A.C., ``Purpose and Scope;'' Rule 62-296.407, F.A.C., ``Portland Cement Plants;'' and Rule 62-297.100, F.A.C., ``Purpose and Scope.'' II. Analysis of State's Submittal On February 20, 2013, the DEP submitted a SIP revision to EPA for review and approval. This SIP revision requests the removal of Rules 62-210.100, 62-212.100, and 62-297.100, F.A.C., each of which is titled ``Purpose and Scope,'' because they contain unnecessary, introductory language for the associated rule chapters. This introductory language serves no regulatory purpose and can be removed without being considered a relaxation of a regulation. The language merely introduces the regulatory chapter that follows and does not impose any regulatory requirements. This SIP revision also removes Rule 62-296.407, F.A.C., ``Portland Cement Plants,'' from the current SIP. Particulate matter (PM) emissions from Portland cement kilns and clinker coolers are more stringently regulated under 40 CFR part 60, subpart F (Standards of Performance for Portland Cement Plants), and 40 CFR part 63, subpart LLL (National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry), than under Rule 62-296.407, F.A.C. The Florida DEP has been delegated the authority to implement and enforce both part 60, subpart F, see 55 FR 23077 (June 6, 1990) and 63 FR 50163 (September 21, 1998), and part 63, subpart LLL, see 40 CFR 63.99(a)(10). All Portland cement facilities in Florida originally subject only to Rule 62-296.407, F.A.C., have either been permanently shut down or modernized such that the emission limits set forth in the federal regulations currently apply. Actual PM emissions are expected to decrease in the future as facilities come into compliance with 40 CFR part 63, subpart LLL, as most recently amended on September 11, 2015. See 80 FR 54728. These changes are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. The revision of Rules 62-210.100, 62-212.100, 62-296.407, and 62-297.100 and, F.A.C., are approvable under section 110(l) because they would not interfere with the attainment and maintenance of the NAAQS. III. Final Action Pursuant to section 110 of the CAA, EPA is approving the revision to the Florida SIP removing unnecessary rules from the SIP. EPA has evaluated Florida's February 20, 2013, submittal and has determined that it meets the applicable requirements of the CAA and EPA regulations and is consistent with EPA policy. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 19, 2017 without further notice unless the Agency receives adverse comments by August 21, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 19, 2017 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and [[Page 33809]] does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 19, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 7, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart K--Florida Sec. 52.520 [Amended] 0 2. Section 52.520(c) is amended by removing the entries for ``62- 210.100,'' ``62-212.100,'' ``62-297.100,'' and ``62-296.407.'' [FR Doc. 2017-15268 Filed 7-20-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33807
performing Postal Service PART 447—RULES OF CONDUCT FOR into any Postal Service facility or
responsibilities at a recognition event, POSTAL EMPLOYEES premises under any circumstances.
meeting with a customer, or otherwise * * * * *
conducting Postal Service business, ■ 1. The authority citation for part 447
continues to read as follows: Stanley F. Mires,
whether or not the event occurs during
the nonbargaining employee’s normal Attorney, Federal Compliance.
Authority: 39 U.S.C. 401.
work hours. Such events often involve [FR Doc. 2017–15311 Filed 7–20–17; 8:45 am]
the serving of food and beverages, Subpart B—Employee Conduct BILLING CODE 7710–12–P
whether during a meal or as
refreshments at the event. ■ 2. Revise § 447.21(e) to read as
follows: ENVIRONMENTAL PROTECTION
The Postal Service, however, wishes
AGENCY
to restrict the consumption of § 447.21 Prohibited conduct.
intoxicating beverages by nonbargaining * * * * * 40 CFR Part 52
employees at Postal Service events to (e)(1) Except as provided in this
appropriate situations for which [EPA–R04–OAR–2016–0656; FRL–9965–14–
paragraph, employees must not drink Region 4]
executive approval has been obtained, beer, wine, or other intoxicating
whether or not the employees are on beverages while on duty; begin work or Air Plan Approval; Florida:
duty. As a result, any event where return to duty intoxicated; or drink Unnecessary Rule Removal
intoxicating beverages are served to intoxicating beverages in a public place
Postal Service nonbargaining while in uniform. Employees found to AGENCY: Environmental Protection
employees, whether they are on duty or be violating this policy may be subject Agency (EPA).
off duty, must meet the requirements for to disciplinary action. ACTION: Direct final rule.
an Officer Approved Event or a (2) A nonbargaining employee may
Postmaster General Approved Event. consume beer or wine at an Officer SUMMARY: The Environmental Protection
Among other things, this means that the Approved Event. An Officer Approved Agency (EPA) is approving a revision to
consumption of intoxicating beverages Event means: A meeting of Postal the Florida State Implementation Plan
Service employees convened by submitted by the Florida Department of
at the event would require the express
management, such as a working meal, Environmental Protection (DEP) on
approval of a Postal Service Officer or
an employee recognition event, or an February 20, 2013. The revision
the Postmaster General.
employee appreciation event; or an removes unnecessary and superseded
The new regulations will not change rules from the Florida State
event whose primary purpose is to
the existing prohibitions against Implementation Plan (SIP). Specifically,
interact with external individuals or
beginning work or returning to duty this revision removes non-regulatory
entities, such as an industry conference,
intoxicated. They will, however, impose introductory language, as well as a
a sales meeting, or a supplier meeting;
a specific prohibition against becoming regulation that has been superseded by
that in all cases is either attended by an
intoxicated at Officer Approved Events Officer of the Postal Service who more stringent federal regulations. This
or Postmaster General Approved Events. personally decides that the action is being taken pursuant to the
The new regulations also clarify the consumption of beer and wine by Clean Air Act (CAA or Act).
conditions under which intoxicating employees is appropriate, or with DATES: This direct final rule is effective
beverages may be possessed or respect to which an Officer of the Postal September 19, 2017 without further
consumed on Postal Service premises. Service has granted specific, written, notice, unless EPA receives adverse
First, beer and wine would be permitted and advance approval for the comment by August 21, 2017. If EPA
on Postal Service premises if approved consumption of beer and wine by receives such comments, it will publish
by a Postal Service Officer in connection employees. a timely withdrawal of the direct final
with an Officer Approved Event. Under (3) A nonbargaining employee may rule in the Federal Register and inform
current regulations, only the Postmaster consume beer, wine, or other the public that the rule will not take
General may approve the consumption intoxicating beverages at a Postmaster effect.
of intoxicating beverages on Postal General Approved Event. A Postmaster ADDRESSES: Submit your comments,
Service Premises. Second, intoxicating General Approved Event means any identified by Docket ID No. EPA–R04–
beverages other than beer and wine Postal Service-related event with respect OAR–2016–0656 at http://
would never be permitted on Postal to which the Postmaster General www.regulations.gov. Follow the online
Service premises, regardless of whether personally approves the consumption of instructions for submitting comments.
the event is an Officer Approved Event beer, wine, or other intoxicating Once submitted, comments cannot be
or a Postmaster General Approved beverages. edited or removed from Regulations.gov.
Event. Under current regulations, the (4) No employee may become EPA may publish any comment received
Postmaster General may approve the intoxicated while at an Officer to its public docket. Do not submit
consumption of intoxicating beverages Approved Event or a Postmaster General electronically any information you
other than beer and wine on Postal Approved Event. Except in connection consider to be Confidential Business
Service premises. with an Officer Approved Event or a Information (CBI) or other information
Postmaster General Approved Event whose disclosure is restricted by statute.
sradovich on DSK3GMQ082PROD with RULES
List of Subjects in 39 CFR Part 447 occurring at a Postal Service facility or Multimedia submissions (audio, video,
Conflict of interests, Employee premises, no employee shall have or etc.) must be accompanied by a written
conduct, Government employees. bring any container of beer or wine into comment. The written comment is
any Postal Service facility or premises, considered the official comment and
For the reasons stated in the whether the container has been opened should include discussion of all points
preamble, the Postal Service amends 39 or not. Intoxicating beverages other than you wish to make. EPA will generally
CFR part 447 as set forth below: beer and wine may never be brought not consider comments or comment
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![Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33809
• does not provide EPA with the reference, Intergovernmental relations, restricted by statute. Publicly available
discretionary authority to address, as Particulate matter, Reporting and docket materials are available either
appropriate, disproportionate human recordkeeping requirements, Volatile electronically at www.regulations.gov or
health or environmental effects, using organic compounds. in hard copy at the EPA Air Docket
practicable and legally permissible Dated: July 7, 2017. (Nos. A–91–42 and EPA–HQ–OAR–
methods, under Executive Order 12898 V. Anne Heard,
2003–0118), EPA Docket Center (EPA/
(59 FR 7629, February 16, 1994). DC), William J. Clinton West, Room
The SIP is not approved to apply on Acting Regional Administrator, Region 4.
3334, 1301 Constitution Avenue NW.,
any Indian reservation land or in any 40 CFR part 52 is amended as follows: Washington, DC 20460. The Public
other area where EPA or an Indian tribe Reading Room is open from 8:30 a.m. to
has demonstrated that a tribe has PART 52—APPROVAL AND 4:30 p.m., Monday through Friday,
jurisdiction. In those areas of Indian PROMULGATION OF excluding legal holidays. The telephone
country, the rule does not have tribal IMPLEMENTATION PLANS number for the Public Reading Room is
implications as specified by Executive (202) 566–1744, and the telephone
Order 13175 (65 FR 67249, November 9, ■ 1. The authority citation for part 52
continues to read as follows: number for the Air Docket is (202) 566–
2000), nor will it impose substantial 1742.
direct costs on tribal governments or Authority: 42 U.S.C. 7401 et seq.
FOR FURTHER INFORMATION CONTACT:
preempt tribal law.
The Congressional Review Act, 5 Subpart K—Florida Gerald Wozniak by telephone at (202)
U.S.C. 801 et seq., as added by the Small 343–9624, by email at wozniak.gerald@
§ 52.520 [Amended] epa.gov, or by mail at U.S.
Business Regulatory Enforcement
Fairness Act of 1996, generally provides ■ 2. Section 52.520(c) is amended by Environmental Protection Agency, Mail
that before a rule may take effect, the removing the entries for ‘‘62–210.100,’’ Code 6205T, 1200 Pennsylvania Avenue
agency promulgating the rule must ‘‘62–212.100,’’ ‘‘62–297.100,’’ and ‘‘62– NW., Washington, DC 20460. Overnight
submit a rule report, which includes a 296.407.’’ or courier deliveries should be sent to
copy of the rule, to each House of the [FR Doc. 2017–15268 Filed 7–20–17; 8:45 am]
the office location at 1201 Constitution
Congress and to the Comptroller General Avenue NW., Washington, DC 20004.
BILLING CODE 6560–50–P
of the United States. EPA will submit a For more information on the Agency’s
report containing this action and other process for administering the SNAP
required information to the U.S. Senate, ENVIRONMENTAL PROTECTION program or criteria for the evaluation of
the U.S. House of Representatives, and AGENCY substitutes, refer to the initial SNAP
the Comptroller General of the United rulemaking published in the Federal
States prior to publication of the rule in 40 CFR Part 82 Register on March 18, 1994 (59 FR
the Federal Register. A major rule 13044). Notices and rulemakings under
[EPA–HQ–OAR–2003–0118; FRL–9964–73– the SNAP program, as well as other EPA
cannot take effect until 60 days after it OAR]
is published in the Federal Register. publications on protection of
This action is not a ‘‘major rule’’ as RIN 2060–AG12 stratospheric ozone, are available at
defined by 5 U.S.C. 804(2). EPA’s Ozone Layer Protection Web site
Under section 307(b)(1) of the CAA, Protection of Stratospheric Ozone: at www.epa.gov/ozone-layer-protection
petitions for judicial review of this Determination 33 for Significant New including the SNAP portion at
action must be filed in the United States Alternatives Policy Program www.epa.gov/snap/.
Court of Appeals for the appropriate SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection
circuit by September 19, 2017. Filing a
Agency (EPA). Table of Contents
petition for reconsideration by the
Administrator of this final rule does not ACTION: Determination of acceptability.
I. Listing of New Acceptable Substitutes
affect the finality of this action for the SUMMARY: This determination of A. Refrigeration and Air Conditioning
purposes of judicial review nor does it B. Cleaning Solvents
acceptability expands the list of II. Section 612 Program
extend the time within which a petition acceptable substitutes pursuant to the
for judicial review may be filed, and A. Statutory Requirements and Authority
U.S. Environmental Protection Agency’s for the SNAP Program
shall not postpone the effectiveness of (EPA) Significant New Alternatives B. EPA’s Regulations Implementing
such rule or action. Parties with Policy (SNAP) program. This action lists Section 612
objections to this direct final rule are as acceptable additional substitutes for C. How the Regulations for the SNAP
encouraged to file a comment in use in the refrigeration and air Program Work
response to the parallel notice of conditioning sector and the cleaning D. Additional Information About the SNAP
proposed rulemaking for this action solvents sector. Program
published in the proposed rules section Appendix A: Summary of Decisions for
DATES: This determination is applicable New Acceptable Substitutes
of today’s Federal Register, rather than
file an immediate petition for judicial on July 21, 2017.
I. Listing of New Acceptable Substitutes
review of this direct final rule, so that ADDRESSES: EPA established a docket
EPA can withdraw this direct final rule for this action under Docket ID No. This action presents EPA’s most
and address the comment in the EPA–HQ–OAR–2003–0118 recent decision to list as acceptable
proposed rulemaking. This action may (continuation of Air Docket A–91–42). several substitutes in the refrigeration
sradovich on DSK3GMQ082PROD with RULES
not be challenged later in proceedings to All electronic documents in the docket and air conditioning sector and the
enforce its requirements. See section are listed in the index at cleaning solvents sector. New
307(b)(2). www.regulations.gov. Although listed in substitutes are:
the index, some information is not • Hydrofluorocarbon (HFC)-134a in
List of Subjects in 40 CFR Part 52 publicly available, i.e., Confidential residential and light commercial air
Environmental protection, Air Business Information (CBI) or other conditioning and heat pumps (retrofit
pollution control, Incorporation by information whose disclosure is equipment);
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Document Created: 2017-07-21 06:00:29
Document Modified: 2017-07-21 06:00:29
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective September 19, 2017 without further notice, unless EPA receives adverse comment by August 21, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 33807 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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