37318 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 

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 action. This 

action, which approves revisions to 

section 2101.20 and section 2105.50 

under Article XXI (Air Pollution 

Control), 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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: July 24, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(2) is amended by: 

■ a. Adding an entry for ‘‘2101.20’’ in 

numerical order under ‘‘Part A— 

General’’. 

■ b. Revising the entry for ‘‘2105.50’’. 

The addition and revision read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

Article XX 

or XXI 

citation 

Title/subject State 

effective date 

EPA 

approval date 

Additional explanation/ 

§ 52.2063 citation 

Part A—General 

*******

2101.20 .. Definitions .............. 01/01/15 8/10/17, [insert 

Federal Register citation].

Revised existing definition of ‘‘Open burning.’’ All remaining definitions 

are unchanged as approved on June 24, 2015 (80 FR 36239). 

* * * * * * * 

Subpart 5—Open Burning and Abrasive Blasting Sources 

2105.50 .. Open Burning ........ 01/01/15 8/10/17, [insert 

Federal Register citation].

Adding 2105.50(a)(1) subparagraphs A through C. 

Revising 2105.50(a)(3) and recodifying as 2105.50(a)(5) 

Adding 2105.50(a)(4) 

Revising 2105.50(e) to replace ‘‘Enforcement’’ with ‘‘Coal Refuse Piles’’ 

Revising 2105.50(f) to replace ‘‘Permits’’ with ‘‘Enforcement’’ and recodifying ‘‘Permits’’ as 2105.50(d) 

Revising 2105.50(d) by removing previous language in 2105.50(d)(1)(E) 

and recodifying to replace with language in 2105.50(d)(1)(F). Recodifying 2105.50(d)(1)(F) to replace with language in 2105.50(d)(1)(G). 

Removing 2105.50(d)(1)(G). 

Adding 2105.50(d)(6) 

Prior Approval—6/24/2015, 80 FR 36239 

* * * * * * * 

* * * * * 

[FR Doc. 2017–16806 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2017–0223; FRL–9965–97– 

OAR] 

Withdrawal of Extension of Deadline 

for Promulgating Designations for the 

2015 Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of extension of 

deadline for promulgating designations. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing that it is 

withdrawing the 1-year extension of the 

deadline for promulgating initial area 

designations for the ozone national 

ambient air quality standards (NAAQS) 

that were promulgated in October 2015. 

Thus, unless and until the 

Administrator takes additional final 

action, the 2-year deadline for 

promulgating designations provided in 

the Clean Air Act (CAA) applies. 

DATES: The deadline for the EPA to 

promulgate initial designations for the 

2015 ozone NAAQS is October 1, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this action, contact 

mstockstill on DSK30JT082PROD with RULES

Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37319 

1Memorandum from Janet G. McCabe, Acting 

Assistant Administrator, to Regional 

Administrators, Regions 1–10. February 25, 2016. 

2For the 2008 ozone NAAQS, see 75 FR 2936 

(January 19, 2010); for the 2008 lead NAAQS, see 

75 FR 71033 (November 22, 2010); for the 2010 

sulfur dioxide NAAQS, see 77 FR 46295 (August 3, 

2012); and for the 2012 fine particulate matter 

NAAQS, see 80 FR 2206 (January 15, 2015). 

Carla Oldham, Air Quality Planning 

Division, Office of Air Quality Planning 

and Standards, Mail Code C539–04, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

3347; email address: oldham.carla@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include state, local and tribal 

governments that would participate in 

the initial area designation process for 

the 2015 ozone standards. 

B. Where can I get a copy of this 

document and other related 

information? 

The EPA has established a docket for 

designations for the 2015 ozone NAAQS 

under Docket ID No. EPA–HQ–OAR– 

2017–0223. All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. 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 EPA 

Docket Center is (202) 566–1742. 

An electronic copy of this notice is 

also available at http://www.epa.gov/ 

ozone-designations along with other 

information related to designations for 

the 2015 ozone NAAQS. 

II. Designations Requirements 

On October 1, 2015, the EPA signed 

a notice of final rulemaking that revised 

the 8-hour primary and secondary ozone 

NAAQS (80 FR 65292; October 26, 

2015). Both standards were lowered 

from 0.075 parts per million (ppm) to a 

level of 0.070 ppm. 

After the EPA establishes or revises a 

NAAQS pursuant to CAA section 109, 

the CAA directs the EPA and the states 

to begin taking steps to ensure that those 

NAAQS are met. The first step is to 

identify areas of the country that meet 

or do not meet that NAAQS. This step 

is known as the initial area 

designations. Section 107(d)(1)(A) of the 

CAA provides that, ‘‘By such date as the 

Administrator may reasonably require, 

but not later than 1 year after 

promulgation of a new or revised 

national ambient air quality standard for 

any pollutant under section [109], the 

Governor of each State shall * * * 

submit to the Administrator a list of all 

areas (or portions thereof) in the State’’ 

that designates those areas as 

nonattainment, attainment, or 

unclassifiable. 

The CAA further provides, ‘‘Upon 

promulgation or revision of a national 

ambient air quality standard, the 

Administrator shall promulgate the 

designations of all areas (or portions 

thereof) * * * as expeditiously as 

practicable, but in no case later than 2 

years from the date of promulgation of 

the new or revised national ambient air 

quality standard. Such period may be 

extended for up to one year in the event 

the Administrator has insufficient 

information to promulgate the 

designations.’’ 42 U.S.C. 

7407(d)(1)(B)(i). 

In the EPA guidance, ‘‘Area 

Designations for the 2015 Ozone 

National Ambient Air Quality 

Standards,’’ the EPA indicated it 

expected to complete the initial area 

designations by October 1, 2017, 

consistent with the statutory 

requirement that the EPA designate 

areas no later than 2 years following 

promulgation of a revised NAAQS.1

III. Withdrawal of Extension of 

Deadline for Promulgating Designations 

for the 2015 Ozone NAAQS 

In letters sent to states on June 6, 

2017, and in a Federal Register notice 

published on June 28, 2017 (82 FR 

29246), the EPA Administrator Scott 

Pruitt announced that he was using his 

authority under section 107(d)(1)(B)(i) 

of the CAA to extend by 1 year, to 

October 1, 2018, the deadline for 

promulgating initial area designations 

for the 2015 ozone NAAQS. At that time 

(i.e., in early June), it was not clear that 

the agency would be in the position to 

complete designations for all areas for 

the 2015 ozone NAAQS in accordance 

with the 2-year statutory deadline of 

October 1, 2017. For a variety of other 

NAAQS in the past, previous EPA 

Administrators have used the authority 

under section 107(d)(1)(B)(i) to take 

additional time to complete 

designations.2 The Administrator 

decided to similarly invoke the 

extension with regard to designations 

for the 2015 ozone NAAQS. 

The EPA has continued to discuss and 

work with states concerning 

designations, and now understands that 

the information gaps that formed the 

basis of the extension may not be as 

expansive as we previously believed. 

The EPA now intends to reassess 

whether there are areas with underlying 

technical issues, whether there are state 

designation recommendations that the 

EPA intends to modify, and whether for 

any area there is insufficient 

information to promulgate the 

designation. The EPA believes this 

reevaluation will help ensure that more 

Americans are living and working in 

areas that meet national air quality 

standards. The agency believes that 

there may be areas of the United States 

for which designations could be 

promulgated in the next few months. 

Therefore, the EPA is withdrawing its 

prior announced 1-year extension of the 

deadline for promulgating initial area 

designations for the 2015 ozone 

NAAQS, and the 2-year deadline for 

promulgating designations provided in 

section 107(d)(1)(B) of the CAA applies. 

The Administrator may still determine 

that an extension of time to complete 

designations is necessary, but is not 

making such a determination at this 

time. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 2, 2017. 

E. Scott Pruitt, 

Administrator. 

[FR Doc. 2017–16901 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2014–0407; FRL–9965– 

87–Region 3] 

Delaware: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

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