Proposed Rules. Final rule; further delay of effective date

Agency: Environmental Protection Agency (EPA)
Action: Final rule; further delay of effective date
Citation: FR Doc. 2017-05552 · EPA-R10-OAR-2015-0067; FRL-9960-35-Region 10 · 40 CFR 52

Summary

In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” and the Federal Register document published by the Environmental Protection Agency (EPA or Agency) on January 26, 2017, the EPA is taking final action further delaying the effective date for Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area until April 20, 2017.

Dates

As of March 21, 2017, the effective date of the rule amending 40 CFR part 52 published in the Federal Register at 82 FR 729 on January 4, 2017, delayed at 82 FR 8499 on January 26, 2017, is further delayed to a new effective date of April 20, 2017.

Supplementary Information

I. Background Information On January 26, 2017, the EPA published a document in the Federal Register entitled “Delay of Effective Date for 30 Final Regulations Published by the Environmental Protection Agency Between October 28, 2016 and January 17, 2017” (82 FR 8499). In that document, the EPA delayed the effective date of Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area to March 21, 2017, as requested in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review” (January 20 Memo). That memo directed the heads of Executive Departments and Agencies to temporarily postpone for 60 days from the date of the January 20 Memo the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. The January 20 Memo also states: “Where appropriate and as permitted by applicable law, [agencies] should consider proposing for notice and comment a rule to delay the effective date for regulations beyond that 60-day period.” On February 24, 2017, the EPA proposed to further delay the effective date for the Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area until April 20, 2017. In this document, the EPA is finalizing action further delaying the effective date for Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area until April 20, 2017. This additional delay will give Agency officials the opportunity to decide whether they would like to conduct a substantive review of this rule. If Agency officials decide to conduct a substantive review of Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area, the EPA will take appropriate actions to conduct such a review, including, but not limited to, issuing a document in the Federal Register addressing any further delays of the effective date of Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area or extensions of compliances dates in the rule. If Agency officials decide not to conduct a substantive review of Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area, it will become effective on April 20, 2017. II. Response to Comments The EPA received two comments generally opposing delaying the effective date of the final rule, arguing that it was “absurd . . . under any circumstances” ( Commenter 1 ) and that there were “no grounds whatsoever” for the delay ( Commenter 2 ). Response: Contrary to the position asserted by comments, there are reasonable grounds for this additional short delay of the effective date. As explained in the proposal and above, and consistent with the January 20 Memo, this extension of the effective date is needed to give Agency officials—many of whom have arrived at the Agency in recent weeks—an opportunity to review the action and to decide whether they would like to conduct a substantive review of this rule, including any necessary briefings that may be needed to make such a determination. III. Final Action The EPA is further delaying the effective date for Partial Approval and Partial Disapproval of Attainment Plan for the Idaho Portion of the Logan, Utah/Idaho PM ^2.5 Nonattainment Area until April 20, 2017. March 13, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2017-05552 Filed 3-20-17; 8:45 am]