Air Plan Approval; Florida: Unnecessary Rule Removal, 33807-33809 [2017-15268]
Download as PDF
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
performing Postal Service
responsibilities at a recognition event,
meeting with a customer, or otherwise
conducting Postal Service business,
whether or not the event occurs during
the nonbargaining employee’s normal
work hours. Such events often involve
the serving of food and beverages,
whether during a meal or as
refreshments at the event.
The Postal Service, however, wishes
to restrict the consumption of
intoxicating beverages by nonbargaining
employees at Postal Service events to
appropriate situations for which
executive approval has been obtained,
whether or not the employees are on
duty. As a result, any event where
intoxicating beverages are served to
Postal Service nonbargaining
employees, whether they are on duty or
off duty, must meet the requirements for
an Officer Approved Event or a
Postmaster General Approved Event.
Among other things, this means that the
consumption of intoxicating beverages
at the event would require the express
approval of a Postal Service Officer or
the Postmaster General.
The new regulations will not change
the existing prohibitions against
beginning work or returning to duty
intoxicated. They will, however, impose
a specific prohibition against becoming
intoxicated at Officer Approved Events
or Postmaster General Approved Events.
The new regulations also clarify the
conditions under which intoxicating
beverages may be possessed or
consumed on Postal Service premises.
First, beer and wine would be permitted
on Postal Service premises if approved
by a Postal Service Officer in connection
with an Officer Approved Event. Under
current regulations, only the Postmaster
General may approve the consumption
of intoxicating beverages on Postal
Service Premises. Second, intoxicating
beverages other than beer and wine
would never be permitted on Postal
Service premises, regardless of whether
the event is an Officer Approved Event
or a Postmaster General Approved
Event. Under current regulations, the
Postmaster General may approve the
consumption of intoxicating beverages
other than beer and wine on Postal
Service premises.
List of Subjects in 39 CFR Part 447
Conflict of interests, Employee
conduct, Government employees.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR part 447 as set forth below:
VerDate Sep<11>2014
16:05 Jul 20, 2017
Jkt 241001
PART 447—RULES OF CONDUCT FOR
POSTAL EMPLOYEES
1. The authority citation for part 447
continues to read as follows:
33807
into any Postal Service facility or
premises under any circumstances.
*
*
*
*
*
■
Authority: 39 U.S.C. 401.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–15311 Filed 7–20–17; 8:45 am]
Subpart B—Employee Conduct
2. Revise § 447.21(e) to read as
follows:
BILLING CODE 7710–12–P
■
§ 447.21
Prohibited conduct.
*
*
*
*
*
(e)(1) Except as provided in this
paragraph, employees must not drink
beer, wine, or other intoxicating
beverages while on duty; begin work or
return to duty intoxicated; or drink
intoxicating beverages in a public place
while in uniform. Employees found to
be violating this policy may be subject
to disciplinary action.
(2) A nonbargaining employee may
consume beer or wine at an Officer
Approved Event. An Officer Approved
Event means: A meeting of Postal
Service employees convened by
management, such as a working meal,
an employee recognition event, or an
employee appreciation event; or an
event whose primary purpose is to
interact with external individuals or
entities, such as an industry conference,
a sales meeting, or a supplier meeting;
that in all cases is either attended by an
Officer of the Postal Service who
personally decides that the
consumption of beer and wine by
employees is appropriate, or with
respect to which an Officer of the Postal
Service has granted specific, written,
and advance approval for the
consumption of beer and wine by
employees.
(3) A nonbargaining employee may
consume beer, wine, or other
intoxicating beverages at a Postmaster
General Approved Event. A Postmaster
General Approved Event means any
Postal Service-related event with respect
to which the Postmaster General
personally approves the consumption of
beer, wine, or other intoxicating
beverages.
(4) No employee may become
intoxicated while at an Officer
Approved Event or a Postmaster General
Approved Event. Except in connection
with an Officer Approved Event or a
Postmaster General Approved Event
occurring at a Postal Service facility or
premises, no employee shall have or
bring any container of beer or wine into
any Postal Service facility or premises,
whether the container has been opened
or not. Intoxicating beverages other than
beer and wine may never be brought
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0656; FRL–9965–14–
Region 4]
Air Plan Approval; Florida:
Unnecessary Rule Removal
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0656 at https://
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
ADDRESSES:
E:\FR\FM\21JYR1.SGM
21JYR1
33808
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
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:
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 lakeman.sean@
epa.gov.
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.’’
sradovich on DSK3GMQ082PROD with RULES
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
VerDate Sep<11>2014
16:05 Jul 20, 2017
Jkt 241001
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
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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
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Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
• 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
VerDate Sep<11>2014
16:05 Jul 20, 2017
Jkt 241001
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
§ 52.520
[Amended]
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–9964–73–
OAR]
RIN 2060–AG12
Protection of Stratospheric Ozone:
Determination 33 for Significant New
Alternatives Policy Program
Environmental Protection
Agency (EPA).
ACTION: Determination of acceptability.
AGENCY:
This determination of
acceptability expands the list of
acceptable substitutes pursuant to the
U.S. Environmental Protection Agency’s
(EPA) Significant New Alternatives
Policy (SNAP) program. This action lists
as acceptable additional substitutes for
use in the refrigeration and air
conditioning sector and the cleaning
solvents sector.
DATES: This determination is applicable
on July 21, 2017.
ADDRESSES: EPA established a docket
for this action under Docket ID No.
EPA–HQ–OAR–2003–0118
(continuation of Air Docket A–91–42).
All electronic documents in the docket
are listed in the index at
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
SUMMARY:
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33809
restricted by statute. Publicly available
docket materials are available either
electronically at www.regulations.gov or
in hard copy at the EPA Air Docket
(Nos. A–91–42 and EPA–HQ–OAR–
2003–0118), EPA Docket Center (EPA/
DC), William J. Clinton West, Room
3334, 1301 Constitution Avenue NW.,
Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
Gerald Wozniak by telephone at (202)
343–9624, by email at wozniak.gerald@
epa.gov, or by mail at U.S.
Environmental Protection Agency, Mail
Code 6205T, 1200 Pennsylvania Avenue
NW., Washington, DC 20460. Overnight
or courier deliveries should be sent to
the office location at 1201 Constitution
Avenue NW., Washington, DC 20004.
For more information on the Agency’s
process for administering the SNAP
program or criteria for the evaluation of
substitutes, refer to the initial SNAP
rulemaking published in the Federal
Register on March 18, 1994 (59 FR
13044). Notices and rulemakings under
the SNAP program, as well as other EPA
publications on protection of
stratospheric ozone, are available at
EPA’s Ozone Layer Protection Web site
at www.epa.gov/ozone-layer-protection
including the SNAP portion at
www.epa.gov/snap/.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Listing of New Acceptable Substitutes
A. Refrigeration and Air Conditioning
B. Cleaning Solvents
II. Section 612 Program
A. Statutory Requirements and Authority
for the SNAP Program
B. EPA’s Regulations Implementing
Section 612
C. How the Regulations for the SNAP
Program Work
D. Additional Information About the SNAP
Program
Appendix A: Summary of Decisions for
New Acceptable Substitutes
I. Listing of New Acceptable Substitutes
This action presents EPA’s most
recent decision to list as acceptable
several substitutes in the refrigeration
and air conditioning sector and the
cleaning solvents sector. New
substitutes are:
• Hydrofluorocarbon (HFC)-134a in
residential and light commercial air
conditioning and heat pumps (retrofit
equipment);
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Agencies
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33807-33809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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 https://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 lakeman.sean@epa.gov.
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