82 FR 58790 - Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Reopening of Comment Period
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 239 (December 14, 2017)
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58790-58791 | |
| FR Document | 2017-26898 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Proposed Rules] [Pages 58790-58791] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26898] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0500; FRL-9971-71-Region 4] Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Reopening of Comment Period AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; reopening of public comment period. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is reopening the comment period for a proposed rulemaking notice published in the Federal Register on October 13, 2017, which accompanied a direct final rulemaking published on the same date. The direct final rulemaking has been withdrawn due to the receipt of an adverse comment. In the October 13, 2017, proposed rulemaking, EPA proposed to approve a portion of a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on February 1, 2017, for the purpose of revising Florida's requirements and procedures for emissions monitoring at stationary sources. Additionally, the October 13, 2017, document included a proposed correction to remove a Florida Administrative Code (F.A.C.) rule that was previously approved for removal from the SIP in a separate action but was never removed. It was brought to EPA's attention that the February 1, 2017, state submittals and related materials were not accessible to the public through the electronic docket. The materials are now accessible in the electronic docket. EPA is reopening the comment period for an additional 30 days. DATES: The comment period for the proposed rule published October 13, 2017 (82 FR 47662), reopened. Comments must be received on or before January 16, 2018. In a future final action based on the proposed rule, EPA will address all public comments received, including the adverse comment received on the direct final rule. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0500 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 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: Andres Febres, 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: EPA published a proposed rulemaking on October 13, 2017 (82 FR 47662), which accompanied a direct final rulemaking published on the same date (82 FR 47636). The proposed revision includes amendments to three F.A.C. rule sections, as well as the removal of one F.A.C. rule section from the Florida SIP, in order to eliminate redundant language and make updates to the requirements for emissions monitoring [[Page 58791]] at stationary sources. Additionally, the October 13, 2017, proposed rulemaking included a correction to remove an additional F.A.C. rule that was previously approved for removal from the SIP in a separate action but was never removed. It was brought to EPA's attention that the February 1, 2017, state submittals and related materials were not accessible to the public through the electronic docket. The materials are now accessible in the electronic docket. EPA is reopening the comment period for an additional 30 days. Dated: November 21, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. [FR Doc. 2017-26898 Filed 12-13-17; 8:45 am] BILLING CODE 6560-50-P
![58790 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules
circumstances described above. Perhaps inconsistent with our shared The materials are now accessible in the
it is explained by the common-sense commitment to administer the Act in a electronic docket. EPA is reopening the
notion that the Agency’s and the manner designed to fairly and faithfully comment period for an additional 30
public’s limited experience with the serve Congressional policy and to days.
Rule would make such a petition protect the legitimate interests of the DATES: The comment period for the
glaringly premature. See 5 U.S.C. employees, unions, and employers proposed rule published October 13,
553(e).15 covered by the Act. Whatever one thinks 2017 (82 FR 47662), reopened.
The only remaining asserted of the Rule, the Agency, its staff, and the Comments must be received on or
justification for considering revisiting public deserve better.
the Rule at this early stage is the before January 16, 2018. In a future final
majority’s express reliance on the VI. Conclusion action based on the proposed rule, EPA
change in the composition of the will address all public comments
The Board invites interested parties to
Board.16 This certainly is not a ‘‘good received, including the adverse
submit responses during the public
reason’’ for revisiting a past comment received on the direct final
response period and welcomes pertinent
administrative action, particularly in the rule.
information regarding the above
context of rulemaking. See generally questions. ADDRESSES: Submit your comments,
Motor Vehicles Manufacturers v. State identified by Docket ID No. EPA–R04–
Farm, 463 U.S. 29 (1983). Yet, I fear this Roxanne Rothschild, OAR–2017–0500 at http://
is the origin of the RFI, and regrettably Deputy Executive Secretary, National Labor www.regulations.gov. Follow the online
so. The Board has long and consistently Relations Board. instructions for submitting comments.
rejected motions to reconsider its [FR Doc. 2017–26904 Filed 12–12–17; 4:15 pm] Once submitted, comments cannot be
decisions based on a change in the BILLING CODE P edited or removed from Regulations.gov.
composition of the Board. See, e.g., EPA may publish any comment received
Brown & Root Power & Mfg., 2014 WL to its public docket. Do not submit
4302554 (Aug. 29, 2014); Visiting Nurse ENVIRONMENTAL PROTECTION electronically any information you
Health System, Inc., 338 NLRB 1074 AGENCY consider to be Confidential Business
(2003); Wagner Iron Works, 108 NLRB Information (CBI) or other information
1236 (1954). We should continue to 40 CFR Part 52 whose disclosure is restricted by statute.
exercise such restraint with respect to [EPA–R04–OAR–2017–0500; FRL–9971–71– Multimedia submissions (audio, video,
the Rule, unless and until a day comes Region 4] etc.) must be accompanied by a written
when we discover or are presented with comment. The written comment is
a legitimate basis for taking action. Air Plan Approval; Florida; Stationary considered the official comment and
Today, however, is manifestly not that Sources Emissions Monitoring; should include discussion of all points
day. Reopening of Comment Period you wish to make. EPA will generally
As a result, it should come as no not consider comments or comment
surprise to the majority if a court called AGENCY: Environmental Protection
contents located outside of the primary
upon to review any changes ultimately Agency (EPA).
submission (i.e., on the web, cloud, or
made to the Rule looks back skeptically ACTION: Proposed rule; reopening of other file sharing system). For
at the origins of the rulemaking effort. public comment period. additional submission methods, the full
The RFI is easily viewed as simply a EPA public comment policy,
scrim through which the majority is SUMMARY: The Environmental Protection
Agency (EPA) is reopening the comment information about CBI or multimedia
attempting to project a distorted view of submissions, and general guidance on
the Rule’s current functioning and period for a proposed rulemaking notice
published in the Federal Register on making effective comments, please visit
thereby justify a partisan effort to roll it http://www2.epa.gov/dockets/
back. Cf. United Steelworkers v. October 13, 2017, which accompanied a
direct final rulemaking published on the commenting-epa-dockets.
Pendergrass, 819 F.2d 1263, 1268 (3d
same date. The direct final rulemaking FOR FURTHER INFORMATION CONTACT:
Cir. 1987) (‘‘Some of the questions [in
an ANPRM] could hardly have been has been withdrawn due to the receipt Andres Febres, Air Regulatory
posed with the serious intention of of an adverse comment. In the October Management Section, Air Planning and
obtaining meaningful information, since 13, 2017, proposed rulemaking, EPA Implementation Branch, Air, Pesticides
the answers are self-evident.’’). Such proposed to approve a portion of a State and Toxics Management Division, U.S.
opportunism is wholly inconsistent Implementation Plan (SIP) revision Environmental Protection Agency,
with the principles of reasoned Agency submitted by the State of Florida, Region 4, 61 Forsyth Street SW, Atlanta,
decision-making. It is equally through the Florida Department of Georgia 30303–8960. Mr. Febres can be
Environmental Protection (FDEP) on reached via telephone at (404) 562–8966
15 Indeed, another argument to defer any February 1, 2017, for the purpose of or via electronic mail at febres-
examination of the Rule’s effectiveness until a later revising Florida’s requirements and martinez.andres@epa.gov.
date is that a longer timeframe would yield a larger procedures for emissions monitoring at SUPPLEMENTARY INFORMATION: EPA
body of cases that presumably would provide more
representative and meaningful insights into its stationary sources. Additionally, the published a proposed rulemaking on
performance. October 13, 2017, document included a October 13, 2017 (82 FR 47662), which
16 I reject the majority’s implied suggestion that proposed correction to remove a Florida accompanied a direct final rulemaking
sradovich on DSK3GMQ082PROD with PROPOSALS
my joining the Board since the Rule was enacted Administrative Code (F.A.C.) rule that published on the same date (82 FR
somehow supports today’s effort to revisit the Rule.
I begin with the proposition that the Rule,
was previously approved for removal 47636). The proposed revision includes
promulgated under notice-and-comment and from the SIP in a separate action but amendments to three F.A.C. rule
upheld by the courts, is governing law—whether or was never removed. It was brought to sections, as well as the removal of one
not particular Board members disagreed with its EPA’s attention that the February 1, F.A.C. rule section from the Florida SIP,
adoption or would have disagreed, had they been
on the Board at the time. As explained, I would
2017, state submittals and related in order to eliminate redundant
support revisiting the Rule only if there were some materials were not accessible to the language and make updates to the
reasoned basis to do so. public through the electronic docket. requirements for emissions monitoring
VerDate Sep<11>2014 17:01 Dec 13, 2017 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\14DEP1.SGM 14DEP1](https://thefederalregister.org/doc/82_FR_59029/page/1.svg)
![Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Proposed Rules 58791
at stationary sources. Additionally, the attention that the February 1, 2017, state Dated: November 21, 2017.
October 13, 2017, proposed rulemaking submittals and related materials were Onis ‘‘Trey’’ Glenn, III,
included a correction to remove an not accessible to the public through the Regional Administrator, Region 4.
additional F.A.C. rule that was electronic docket. The materials are now [FR Doc. 2017–26898 Filed 12–13–17; 8:45 am]
previously approved for removal from accessible in the electronic docket. EPA BILLING CODE 6560–50–P
the SIP in a separate action but was is reopening the comment period for an
never removed. It was brought to EPA’s additional 30 days.
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 17:01 Dec 13, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 E:\FR\FM\14DEP1.SGM 14DEP1](https://thefederalregister.org/doc/82_FR_59029/page/2.svg)
Document Created: 2018-10-25 10:52:52
Document Modified: 2018-10-25 10:52:52
| 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 | Proposed Rules | |
| Action | Proposed rule; reopening of public comment period. | |
| Dates | The comment period for the proposed rule published October 13, 2017 (82 FR 47662), reopened. Comments must be received on or before January 16, 2018. In a future final action based on the proposed rule, | |
| Contact | Andres Febres, 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 58790 |
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