Correction to Incorporations by Reference, 28561-28562 [2017-12968]

Download as PDF Pmangrum on DSK7TPTVN1PROD with RULES Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations • 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 Clean Air Act; and • does not provide the 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 22, 2017. Filing a petition for reconsideration by the Administrator of this final rule does VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 28561 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. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 40 CFR Part 52 AGENCY: Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental regulations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 31, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(486)(ii)(A)(2) to read as read as follows: ■ § 52.220 Identification of plan—in part. * * * * * (c) * * * (486) * * * (ii) * * * (A) * * * (2) California Air Resources Board, Staff Report, Proposed Updates to the 1997 8-Hour Ozone Standard, State Implementation Plans; Coachella Valley and Western Mojave Desert, adopted on October 24, 2014: ‘‘Reasonable Further Progress Demonstration Update,’’ at p. 10 (excluding those portions that pertain to reasonable further progress targets after 2011); Table A–2 (excluding pp. A–10 through A–12, and those portions that pertain to reasonable further progress targets after 2011); Table C–2 (excluding those portions that pertain to reasonable further progress targets after 2011). * * * * * [FR Doc. 2017–12966 Filed 6–22–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 40 CFR Part 60 [EPA–HQ–OAR–2014–0292; FRL–9963–67– OAR] Correction to Incorporations by Reference Environmental Protection Agency (EPA). ACTION: Final rule; technical amendment. 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: melton.lula@epa.gov. SUPPLEMENTARY INFORMATION: This action corrects paragraph ordering errors in 40 CFR 60.17(h) as highlighted in the editorial note at the end of § 60.17. The editorial note mentions that amendments could not be incorporated into § 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 § 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 SUMMARY: 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 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. 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 Authority: 42 U.S.C. 7401, et seq. 2. In § 60.17: a. Redesignate paragraphs (h)(191) through (202), (204), (205), and (207) as follows: ■ ■ ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... New paragraph (h)(192) (h)(193) (h)(194) (h)(195) (h)(196) (h)(197) (h)(198) (h)(199) (h)(200) (h)(201) (h)(204) (h)(209) (h)(205) (h)(207) (h)(208) b. Add paragraphs (h)(191) and (h)(202). The additions read as follows: ■ § 60.17 Incorporations by reference. Pmangrum on DSK7TPTVN1PROD with RULES * * * * * (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 VerDate Sep<11>2014 15:26 Jun 22, 2017 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2016–0442; FRL–9964–14– OAR] National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The EPA is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry. This direct final rule provides a compliance alternative for sources that would otherwise be required to use a hydrogen chloride (HCl) continuous emissions monitoring system (CEMS) to demonstrate compliance with the HCl emissions limit. This compliance alternative is needed due to the current unavailability of the HCl calibration gases used for CEMS quality assurance purposes. DATES: This rule is effective on July 5, 2017 without further notice, unless the EPA receives significant adverse comment by July 3, 2017. If the EPA receives significant adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2016–0442, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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 SUMMARY: 1. The authority citation for part 60 continues to read as follows: ■ (h)(191) (h)(192) (h)(193) (h)(194) (h)(195) (h)(196) (h)(197) (h)(198) (h)(199) (h)(200) (h)(201) (h)(202) (h)(204) (h)(205) (h)(207) [FR Doc. 2017–12968 Filed 6–22–17; 8:45 am] RIN 2060–AT57 Dated: June 2, 2017. Sarah Dunham, Acting Assistant Administrator. Old paragraph 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. * * * * * Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 official comment and should include discussion of all points you wish to make. The 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 https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and Programs Division (D243–04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 1103; fax number: (919) 541–5450; and email address: storey.brian@epa.gov. SUPPLEMENTARY INFORMATION: Organization of This Document. The information in this preamble is organized as follows: I. General Information A. Why is the EPA using a direct final rule? B. Does this direct final rule apply to me? C. What should I consider as I prepare my comments for the EPA? II. What are the amendments made by this direct final rule? III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) I. General Information A. Why is the EPA using a direct final rule? The EPA is publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and do not anticipate significant adverse comment. However, in the ‘‘Proposed Rules’’ E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

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


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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: melton.lula@epa.gov.

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
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