Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Proposed Rules 29085 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01 and 

Commandant Instruction M16475.1 

(series) OM, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This proposed rule 

involves amending the regulations for 

Hampton Roads and adjacent water 

anchorages by establishing an 

anchorage, Anchorage R, 3 NM west of 

Cape Charles, VA and relocating the 

existing Quarantine Anchorage, 

Anchorage Q, to a more secluded 

position that is 6 NM southwest of 

Fishermans Point, VA. Normally, such 

actions are categorically excluded from 

further review under paragraphs L59(a) 

and L59(b) of Appendix A, Table 1 of 

DHS Instruction Manual 023–01–001– 

01, Rev. 01. A preliminary Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy/ 

docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

We plan to hold three public meetings 

to receive oral comments on this NPRM, 

one in Norfolk, VA and two in Cape 

Charles, VA. The first public meeting 

will be held on Monday, June 25, 2018, 

from 5 p.m. to 7 p.m. at Slover Public 

Library Meeting Room, 235 E. Plume 

Street, Norfolk, VA 23510. Two public 

meetings will be held on July 10, 2018 

at Cape Charles Civic Center, 500 

Tazwell Avenue, Cape Charles, VA; the 

first meeting will be held from 1 p.m. 

to 3 p.m. and the second meeting will 

be held from 6 p.m. to 8 p.m. For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance at the public 

meeting, contact the person named in 

the FOR FURTHER INFORMATION CONTACT

section, above. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C., 471, 1221 through 

1236, 2071; 33 CFR 1.05–1; Department 

Homeland Security Delegation No 0170.1. 

■ 2. In § 110.168, add introductory text 

in paragraph (a), revise paragraph (a)(6), 

and add paragraph (a)(7) to read as 

follows: 

§ 110.168 Hampton Roads, Virginia and 

adjacent waters. 

(a) Anchorage Grounds. All 

coordinates in this section for anchorage 

grounds are based on North American 

Datum of 1983 (NAD 83). 

* * * * * 

(6) Anchorage Q. Quarantine 

Anchorage. The waters bound by a line 

connecting the following points: 

Latitude Longitude 

37°05′40′′ N 076°08′12′′ W 

37°05′40′′ N 076°07′19′′ W 

37°03′46′′ N 076°05′58′′ W 

37°03′46′′ N 076°06′51′′ W 

(7) Anchorage R. The waters all 

within the Chesapeake Bay, bound by a 

line connecting the following points: 

Latitude Longitude 

37°19′10′′ N 076°05′00′′ W 

37°12′00′′ N 076°05′00′′ W 

37°09′08′′ N 076°08′19′′ W 

37°11′23′′ N 076°08′49′′ W 

37°19′10′′ N 076°05′46′′ W 

* * * * * 

Dated: June 8, 2018. 

Meredith Austin, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2018–13439 Filed 6–19–18; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R03–OAR–2018–0304; FRL–9979– 

70—Region 3] 

Commonwealth of Pennsylvania; 

Allegheny County Health Department, 

Withdrawal of Section 112(l) 

Delegation Authority for the Chemical 

Accident Prevention Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is notifying the public 

that Allegheny County Health 

Department (ACHD) has completed the 

regulatory process for voluntary 

withdrawal from EPA’s delegation of 

authority to enforce the chemical 

accident prevention regulations, and 

EPA is proposing to modify 

amendments indicating that ACHD does 

not have delegated authority to 

implement and enforce the regulatory 

requirements. EPA is also notifying the 

public that each facility subject to the 

previously approved ACHD delegated 

chemical accident prevention program 

is required to maintain continuous 

compliance with applicable 

requirements. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 23, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2018–0304 at https://

www.regulations.gov, or via email to 

duke.gerallyn@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 


daltland on DSKBBV9HB2PROD with PROPOSALS
29086 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Proposed Rules 

Regulations.gov. For either manner of 

submission, 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For 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: 

Mary Cate Opila, (215) 814–2041, or by 

email at opila.marycate@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 112(l) of the Clean Air Act 

(CAA) and 40 CFR part 63, subpart E, 

authorizes EPA to approve of State, and 

local, rules and programs to be 

implemented and enforced in place of 

certain CAA requirements, including 

the chemical accident prevention 

provisions set forth at 40 CFR part 68 

(Chemical Accident Prevention 

Regulations). EPA promulgated the 

Chemical Accident Prevention 

Regulations (or risk management 

program (RMP) regulations) (RMP 

regulations) pursuant to CAA Section 

112(r)(7). By letter dated June 15, 2001, 

ACHD requested delegation of authority 

to implement and enforce the RMP 

regulations for all sources, among other 

requests for delegation of other 

programs. On January 30, 2002, EPA 

issued a direct final rule, which became 

effective on April 1, 2002, approving 

ACHD’s request for delegation of 

authority to implement and enforce 

EPA’s RMP regulations, which had been 

adopted by reference from 40 CFR part 

68, for all sources within Allegheny 

County, Pennsylvania, subject to such 

regulations. See 67 FR 4363 (January 30, 

2002). 

The procedures for a State, or local 

authority, to voluntarily withdraw from 

a CAA approved rule, program or 

portion of a rule or program are set forth 

at 40 CFR 63.96(b)(7). In summary, these 

regulations and relevant EPA guidance 

provide that a State, or local authority, 

may unilaterally and voluntarily 

withdraw from an approved delegated 

program by notifying EPA and all 

affected sources of its intent to 

withdraw and the specific requirements 

subject to such withdrawal. Any such 

withdrawal is not effective sooner than 

180 days after such notification to EPA. 

The State, or local authority, must also 

provide notice and opportunity for 

comment to the public. To the extent 

that any source that is affected by the 

withdrawal is also subject to a CAA 

operating permit issued pursuant to 40 

CFR part 70, the State, or local 

authority, must reopen and revise such 

permit to the extent necessary. 

II. EPA Analysis 

By letter dated July 28, 2017, ACHD 

notified EPA Region III of its intent to 

voluntarily withdraw from EPA’s 

delegation of authority to enforce the 

RMP regulations. By letter dated 

November 9, 2017, ACHD notified EPA 

Region III that ACHD announced a 

public comment period to take comment 

on ACHD’s voluntary withdrawal from 

EPA’s delegation of authority to enforce 

the RMP regulations. The public 

comment period extended from 

November 10, 2017 to December 10, 

2017. During this public comment 

period, ACHD did not receive any 

comments in response to the public 

comment notification. ACHD provided 

all applicable facilities with written 

notice that ACHD is voluntarily 

withdrawing from EPA’s delegation of 

authority to enforce the RMP regulations 

set forth at 40 CFR part 68. 

Pursuant to 40 CFR 63.96(b)(7), ACHD 

has determined which facilities, located 

in Allegheny County, are subject to the 

RMP regulations and have effective 

CAA Title V operating permits in 

accordance with 40 CFR part 70. Sixteen 

facilities within Allegheny County have 

submitted risk management plans to 

EPA and ACHD has issued Title V 

operating permits to 28 currently 

operating facilities. ACHD Title V 

operating permits incorporate the RMP 

regulations, set forth at 40 CFR part 68, 

by reference. Therefore, each facility, 

located in Allegheny County, 

Pennsylvania, that is subject to the RMP 

regulations and has an effective Title V 

operating permit has been issued a Title 

V permit which includes the proper 

citation to any applicable RMP 

regulation. 

Upon a State’s or local authority’s 

voluntary withdrawal of a delegated 

program, in accordance with 40 CFR 

63.96(b)(7), EPA is required to publish 

a time for sources subject to the 

previously approved State, or local, rule 

or program to come into compliance 

with applicable Federal requirements. 

Because, as part of its previously 

approved delegated program, ACHD 

incorporated the RMP regulations by 

reference, there is no distinction 

between ACHD’s previously approved 

delegated program for implementing the 

requirements set forth at 40 CFR part 68 

and the applicable Federal requirements 

set forth at 40 CFR part 68. Furthermore, 

EPA’s delegation of authority to 

implement the requirements set forth at 

40 CFR part 68 to ACHD stated in 

relevant part: ‘‘Although ACHD has 

primary authority and responsibility to 

implement and enforce the . . . 

chemical accident prevention 

provisions, nothing shall preclude, 

limit, or interfere with the authority of 

EPA to exercise its enforcement, 

investigatory, and information gathering 

authorities concerning this part of the 

Act.’’ See 67 FR 4366 (January 30, 2002). 

Therefore, all facilities located in 

Allegheny County, Pennsylvania, 

subject to any requirement set forth at 

40 CFR part 68 shall maintain 

continuous compliance with such 

requirement. 

III. Proposed Action 

EPA’s review of this material 

indicates that ACHD has completed the 

regulatorily mandated process, set forth 

at 40 CFR 63.96(b)(7), for voluntary 

withdrawal from EPA’s delegation of 

authority to enforce the Chemical 

Accident Prevention regulations set 

forth at 40 CFR part 68. EPA is 

proposing to modify 40 CFR 

63.99(a)(39)(v) to indicate ACHD’s 

withdrawal from EPA’s delegation of 

authority to enforce the chemical 

accident prevention provisions set forth 

at 40 CFR part 68. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

This action notifies the public that 

ACHD has completed the process for 

voluntary withdrawal from EPA’s 

delegation of authority to enforce the 

chemical accident prevention 

provisions set forth at 40 CFR part 68, 

and the action proposes to update 40 

CFR 63.99(a)(39)(v) to indicate the 

withdrawal. The proposed action does 

not impose additional requirements 

beyond those imposed by state and 

federal law. For that reason, this 

proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Proposed Rules 29087 

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 

regulatory action because this action is 

not significant 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, 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 

• 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, this proposed rule to 

modify 40 CFR 63.99(a)(39)(v) to 

indicate ACHD’s voluntary withdrawal 

from EPA’s delegation of authority to 

enforce the chemical accident 

prevention provisions set forth at 40 

CFR part 68, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the action does to apply 

in Indian country located in the state, 

and EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Paper and 

paper products industry, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 12, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–13452 Filed 6–21–18; 8:45 am] 

BILLING CODE 6560–50–P 


daltland on DSKBBV9HB2PROD with PROPOSALS