Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, 62268-62269 [2018-26224]

Download as PDF 62268 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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, 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 Court of Appeals for the appropriate circuit by February 1, 2019. 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. 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, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Douglas Benevento, Regional Administrator, Region 8. 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 QQ—South Dakota 2. Section 52.2170(e) is amended by adding a new entry for XXIII. Regional Haze 5-Year Progress Report in numerical order to read as follows: ■ § 52.2170 * Rule title State effective date EPA effective date * * * XXIII. Regional Haze 5-Year Progress Report ........... * Submitted 01/27/2016 ...... * 1/2/2019 [FR Doc. 2018–26179 Filed 11–30–18; 8:45 am] BILLING CODE 6560–50–P khammond on DSK30JT082PROD with RULES Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • 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). 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 CAA, petitions for judicial review of this action must be filed in the United States SUMMARY: Environmental Protection Agency (EPA). VerDate Sep<11>2014 17:07 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Comments * Final rule; announcement of effective date. 40 CFR Part 68 AGENCY: * * [Insert Federal Register citation], 12/3/2018. ACTION: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act * Final rule citation, date ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OEM–2015–0725; FRL–9987–23– OLEM] Identification of plan. * * (e) * * * The Environmental Protection Agency (EPA) is announcing that the amendments to the Risk Management Program under the Clean Air Act put forward in a final rule published in the Federal Register on January 13, 2017 are in effect. DATES: The rule amending 40 CFR part 68, published at 82 FR 4594 (January 13, 2017) and delayed at 82 FR 8499 (January 26, 2017), 82 FR 13968 (March E:\FR\FM\03DER1.SGM 03DER1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations 16, 2017), and 82 FR 27133 (June 14, 2017), is effective December 3, 2018. ADDRESSES: The EPA established a docket for the ‘‘Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act’’ under Docket ID No. EPA–HQ– OEM–2015–0725, which includes this announcement. All documents in the docket are listed on the https:// www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: James Belke, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC, 20460; telephone number: (202) 564–8023; email address: belke.jim@ epa.gov, or Kathy Franklin, United States Environmental Protection Agency, Office of Land and Emergency Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC 20460; telephone number: (202) 564–7987; email address: franklin.kathy@epa.gov. SUPPLEMENTARY INFORMATION: On January 13, 2017, EPA finalized amendments to the Accidental Release Prevention Requirements for Risk Management Programs under the Clean Air Act, Section 112(r)(7) (RMP Amendments rule; 82 FR 4594). On January 26, 2017, the EPA published an action in the Federal Register that initially delayed the effective date of the RMP Amendments rule for a short period of time (82 FR 8499). The EPA further delayed the effective date of the RMP Amendments rule through additional EPA actions published in the Federal Register on March 16, 2017 and June 14, 2017 (82 FR 13968 and 82 FR 27133, respectively). On August 17, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision vacating the June 14, 2017 rule (82 FR 27133) that had delayed the effective date of the RMP Amendments rule until February 19, 2019. On September 21, 2018, the Court issued its mandate which makes the RMP Amendments rule now effective. Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that public VerDate Sep<11>2014 16:14 Nov 30, 2018 Jkt 247001 notice and comment procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making this rule announcing the effectiveness of the RMP Amendments rule final without prior proposal and opportunity for comment because such notice and opportunity for comment is unnecessary. Specifically, updating the Code of Federal Regulations (CFR) to reflect the requirements of the RMP Amendments rule is a ministerial act. The Court specifically identified as vacated the June 14, 2017 rule that had delayed the effectiveness of the RMP Amendments rule until February 19, 2019. The rule published today simply implements the decision of the Court. Since EPA lacks discretion to do otherwise, it would serve no useful purpose to provide an opportunity for public comment on this issue. The requirements of CAA section 307(d), including the requirement for public comment and a hearing on proposed rulemakings, do not apply to this action because 5 U.S.C. 553(b)(3)(B) applies. Moreover, the agency finds that the considerations outlined above to support issuance of this rule without prior notice and comment also provide good cause for making this action effective immediately under section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. 553(d). Section 553(d) provides in pertinent part that final rules shall not become effective until 30 days after publication in the Federal Register, ‘‘except . . . as otherwise provided by the agency for good cause.’’ The purpose of section 553(d) of the APA is to ‘‘give affected parties a reasonable time to adjust their behavior before the final rule takes effect.’’ Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (DC Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). In determining whether good cause exists to waive the 30-day effective date under the APA, an agency should ‘‘balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.’’ Gavrilovic, 551 F.2d at 1105. Here, the decision of the Court vacating the Delay Rule and the issuance of the mandate have taken the issue of timing out of EPA’s control. As noted above, we are simply implementing the Court’s mandate by undertaking the ministerial PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 62269 act necessary to update the Code of Federal Regulations. Accordingly, this rule will take effect upon publication in the Federal Register. 5 U.S.C. 553(d). Dated: November 21, 2018. Andrew R. Wheeler, Acting Administrator. Accordingly, the rule amending 40 CFR part 68, published at 82 FR 4594 (January 13, 2017), and delayed at 82 FR 8499 (January 26, 2017), 82 FR 13968 (March 16, 2017), and 82 FR 27133 (June 14, 2017), is effective December 3, 2018. ■ [FR Doc. 2018–26224 Filed 11–30–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2017–0548; FRL–9977–72– OAR] RIN 2060–AT94 Additional Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards Correction In rule document 2018–11838, appearing on pages 25776 through 25848, in the issue of Monday, June 4, 2018, make the following corrections: 1. On page 25785, in the table, under Rest of State, the Designation Date for Greenlee County should read ‘‘1/16/18’’. 2. On page 25824, in the table, insert a row below the row for Union County. On the new row, the Designated Area should read ‘‘Van Wert County’’, the Designation Date should read ‘‘1/16/ 18’’, and the Designation Type should read ‘‘Attainment/Unclassifiable’’. [FR Doc. C1–2018–11838 Filed 11–30–18; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180207141–8999–02] RIN 0648–BH74 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater Trawl Gear in the Trawl Rationalization Program National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\03DER1.SGM 03DER1

Agencies

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62268-62269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26224]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[EPA-HQ-OEM-2015-0725; FRL-9987-23-OLEM]


Accidental Release Prevention Requirements: Risk Management 
Programs Under the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; announcement of effective date.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing that 
the amendments to the Risk Management Program under the Clean Air Act 
put forward in a final rule published in the Federal Register on 
January 13, 2017 are in effect.

DATES: The rule amending 40 CFR part 68, published at 82 FR 4594 
(January 13, 2017) and delayed at 82 FR 8499 (January 26, 2017), 82 FR 
13968 (March

[[Page 62269]]

16, 2017), and 82 FR 27133 (June 14, 2017), is effective December 3, 
2018.

ADDRESSES: The EPA established a docket for the ``Accidental Release 
Prevention Requirements: Risk Management Programs Under the Clean Air 
Act'' under Docket ID No. EPA-HQ-OEM-2015-0725, which includes this 
announcement. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: James Belke, United States 
Environmental Protection Agency, Office of Land and Emergency 
Management, 1200 Pennsylvania Ave. NW (Mail Code 5104A), Washington, 
DC, 20460; telephone number: (202) 564-8023; email address: 
[email protected], or Kathy Franklin, United States Environmental 
Protection Agency, Office of Land and Emergency Management, 1200 
Pennsylvania Ave. NW (Mail Code 5104A), Washington, DC 20460; telephone 
number: (202) 564-7987; email address: [email protected].

SUPPLEMENTARY INFORMATION: On January 13, 2017, EPA finalized 
amendments to the Accidental Release Prevention Requirements for Risk 
Management Programs under the Clean Air Act, Section 112(r)(7) (RMP 
Amendments rule; 82 FR 4594). On January 26, 2017, the EPA published an 
action in the Federal Register that initially delayed the effective 
date of the RMP Amendments rule for a short period of time (82 FR 
8499). The EPA further delayed the effective date of the RMP Amendments 
rule through additional EPA actions published in the Federal Register 
on March 16, 2017 and June 14, 2017 (82 FR 13968 and 82 FR 27133, 
respectively). On August 17, 2018, the U.S. Court of Appeals for the 
District of Columbia Circuit issued its decision vacating the June 14, 
2017 rule (82 FR 27133) that had delayed the effective date of the RMP 
Amendments rule until February 19, 2019. On September 21, 2018, the 
Court issued its mandate which makes the RMP Amendments rule now 
effective.
    Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
public notice and comment procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. The EPA has 
determined that there is good cause for making this rule announcing the 
effectiveness of the RMP Amendments rule final without prior proposal 
and opportunity for comment because such notice and opportunity for 
comment is unnecessary.
    Specifically, updating the Code of Federal Regulations (CFR) to 
reflect the requirements of the RMP Amendments rule is a ministerial 
act. The Court specifically identified as vacated the June 14, 2017 
rule that had delayed the effectiveness of the RMP Amendments rule 
until February 19, 2019. The rule published today simply implements the 
decision of the Court. Since EPA lacks discretion to do otherwise, it 
would serve no useful purpose to provide an opportunity for public 
comment on this issue. The requirements of CAA section 307(d), 
including the requirement for public comment and a hearing on proposed 
rulemakings, do not apply to this action because 5 U.S.C. 553(b)(3)(B) 
applies.
    Moreover, the agency finds that the considerations outlined above 
to support issuance of this rule without prior notice and comment also 
provide good cause for making this action effective immediately under 
section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. 
553(d). Section 553(d) provides in pertinent part that final rules 
shall not become effective until 30 days after publication in the 
Federal Register, ``except . . . as otherwise provided by the agency 
for good cause.'' The purpose of section 553(d) of the APA is to ``give 
affected parties a reasonable time to adjust their behavior before the 
final rule takes effect.'' Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (DC 
Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 
(8th Cir. 1977) (quoting legislative history). In determining whether 
good cause exists to waive the 30-day effective date under the APA, an 
agency should ``balance the necessity for immediate implementation 
against principles of fundamental fairness which require that all 
affected persons be afforded a reasonable amount of time to prepare for 
the effective date of its ruling.'' Gavrilovic, 551 F.2d at 1105. Here, 
the decision of the Court vacating the Delay Rule and the issuance of 
the mandate have taken the issue of timing out of EPA's control. As 
noted above, we are simply implementing the Court's mandate by 
undertaking the ministerial act necessary to update the Code of Federal 
Regulations. Accordingly, this rule will take effect upon publication 
in the Federal Register. 5 U.S.C. 553(d).

    Dated: November 21, 2018.
Andrew R. Wheeler,
Acting Administrator.

0
Accordingly, the rule amending 40 CFR part 68, published at 82 FR 4594 
(January 13, 2017), and delayed at 82 FR 8499 (January 26, 2017), 82 FR 
13968 (March 16, 2017), and 82 FR 27133 (June 14, 2017), is effective 
December 3, 2018.

[FR Doc. 2018-26224 Filed 11-30-18; 8:45 am]
 BILLING CODE 6560-50-P
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