Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 42765 

examination; date of the examination; 

location of all areas examined; and 

description of each condition found that 

may adversely affect the safety or health 

of miners and is not corrected promptly. 

(c) When a condition that may 

adversely affect safety or health is not 

corrected promptly, the examination 

record shall include, or be 

supplemented to include, the date of the 

corrective action. 

* * * * * 

[FR Doc. 2017–19381 Filed 9–11–17; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 56 and 57 

[Docket No. MSHA–2014–0030] 

RIN 1219–AB87 

Examinations of Working Places in 

Metal and Nonmetal Mines 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Proposed rule; delay of effective 

date. 

SUMMARY: On January 23, 2017, the 

Mine Safety and Health Administration 

(MSHA) published a final rule in the 

Federal Register amending the Agency’s 

standards for the examination of 

working places in metal and nonmetal 

mines. MSHA is proposing to delay the 

effective date of the Agency’s final rule 

to March 2, 2018. This extension would 

offer additional time for MSHA to 

provide stakeholders training and 

compliance assistance. 

DATES: Comments must be received or 

postmarked by midnight Eastern 

Daylight Saving Time (DST) on 

September 26, 2017. 

ADDRESSES: Submit comments and 

informational materials, identified by 

RIN 1219–AB87 or Docket No. MSHA– 

2014–0030, by one of the following 

methods: 

Federal E-Rulemaking Portal: https:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Email: zzMSHA-comments@dol.gov. 

Mail: MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452. 

Hand Delivery or Courier: 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia, between 9 a.m. and 5 p.m. 

Monday through Friday, except Federal 

holidays. Sign in at the receptionist’s 

desk on the 4th Floor East, Suite 4E401. 

Fax: 202–693–9441. 

Instructions: All submissions must 

include RIN 1219–AB87 or Docket No. 

MSHA–2014–0030. Do not include 

personal information that you do not 

want publicly disclosed; MSHA will 

post all comments without change, 

including any personal information 

provided. 

Email Notification: To subscribe to 

receive email notification when MSHA 

publishes rulemaking documents in the 

Federal Register, go to https://

www.msha.gov/subscriptions. 

Docket: For access to the docket to 

read comments received, go to http://

www.regulations.gov or http://

www.msha.gov/currentcomments.asp. 

To read background documents, go to 

http://www.regulations.gov. Review the 

docket in person at MSHA, Office of 

Standards, Regulations, and Variances, 

201 12th Street South, Arlington, 

Virginia, between 9 a.m. and 5 p.m. DST 

Monday through Friday, except Federal 

holidays. Sign in at the receptionist’s 

desk on the 4th Floor East, Suite 4E401. 

FOR FURTHER INFORMATION CONTACT: 

Sheila A. McConnell, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, at mcconnell.sheila.a@dol.gov 

(email); 202–693–9440 (voice); or 202– 

693–9441 (facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Delay of Effective Date 

On January 23, 2017, MSHA 

published a final rule in the Federal 

Register (82 FR 7680) amending the 

Agency’s standards for the examination 

of working places in metal and 

nonmetal mines. The final rule was 

scheduled to become effective on May 

23, 2017. On May 22, 2017, MSHA 

published a final rule delaying the 

effective date to October 2, 2017 (82 FR 

23139), to assure that mine operators 

and miners affected by the final 

examinations rule have the training and 

compliance assistance they need prior 

to the rule’s effective date. 

At this time, the Agency is proposing 

to delay the rule’s effective date beyond 

October 2, 2017, to March 2, 2018. As 

MSHA has reiterated to industry 

stakeholders, MSHA made a 

commitment to the industry to hold 

informational meetings around the 

country and to develop and distribute 

compliance assistance material prior to 

enforcing the rule. MSHA also 

committed to conducting compliance 

assistance visits at metal and nonmetal 

mines throughout the country. Further, 

extending the effective date would 

permit more time for MSHA to address 

issues raised by stakeholders during 

quarterly training calls and stakeholder 

meetings and compliance assistance 

visits. MSHA is considering concerns 

raised by stakeholders on certain 

provisions in the rule and how best to 

address them. MSHA intends to 

collaborate with and seek input from 

stakeholders regarding these issues. At 

the same time, MSHA is seeking 

comment on a proposed rule that may 

address some of these issues. The 

extension also would provide MSHA 

more time to train its inspectors to help 

assure consistency in MSHA 

enforcement. MSHA will make the 

Agency’s inspector training materials 

available to the mining community to 

assist miners and mine operators in 

effectively implementing the rule, thus 

enhancing the safety of miners. 

Wayne D. Palmer, 

Acting Assistant Secretary of Labor for Mine 

Safety and Health. 

[FR Doc. 2017–19380 Filed 9–11–17; 8:45 am] 

BILLING CODE 4520–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0332; FRL–9967–56– 

Region 9] 

Approval of California Air Plan 

Revisions, Placer County and Ventura 

County Air Pollution Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Placer County Air 

Pollution Control District (PCAPCD) and 

Ventura County Air Pollution Control 

District (VCAPCD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern 

emissions of oxides of nitrogen (NOX) 

from incinerators in the PCAPCD and 

previously unregulated types of fuel 

burning equipment in the VCAPCD. We 

are proposing to approve local rules to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

October 12, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0332 at http://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 


pmangrum on DSK3GDR082PROD with PROPOSALS1
42766 Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information 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. The 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 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that they 

were adopted by the local air agencies 

and submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted or 

amended Submitted 

PCAPCD ........... 206 Incinerator Burning ....................................................................................... 10/13/2016 01/24/2017 

VCAPCD ........... 74.34 NOX Reductions from Miscellaneous Sources ............................................ 12/13/2016 2/24/2017 

On April 17, 2017, the EPA 

determined that the submittal for 

PCAPCD Rule 206 met the completeness 

criteria in 40 CFR part 51 Appendix V, 

which must be met before formal EPA 

review. On August 2, 2017, the EPA 

determined that the submittal for 

VCAPCD Rule 74.34 also met the 

completeness criteria. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

PCAPCD Rule 206 into the SIP on 

November 15, 1978 (43 FR 53035) for 

the portions of the district regulating the 

Mountain Counties Air Basin and 

Sacramento Valley Air Basin. We 

approved another earlier version of 

PCAPCD Rule 206 into the SIP on 

August 21, 1979 (46 FR 27115) for the 

portion of the district regulating the 

Lake Tahoe Air Basin. There are no 

previous versions of VCAPCD Rule 

74.34 in the SIP. 

C. What is the purpose of the submitted 

rules? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control NOX emissions. PCAPCD Rule 

206 modernizes the requirements and 

limits for incineration units in Placer 

County. VCAPCD Rule 74.34 establishes 

emission limits and operational 

requirements for sources of NOX that 

were previously unregulated by a 

prohibitory rule (including kilns, dryers, 

and ovens) for Ventura County. The 

EPA’s technical support documents 

(TSDs) have more information about 

these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each major 

source of NOX in ozone nonattainment 

areas classified as moderate or above 

(see CAA sections 182(b)(2) and 182(f)). 

The PCAPCD regulates an ozone 

nonattainment area classified as 

‘‘Severe’’ for the 2008 and 1997 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) and the 1-hour 

ozone NAAQS. The VCAPCD regulates 

an ozone nonattainment area classified 

as ‘‘Serious’’ for the 2008 and 1997 8- 

hour ozone NAAQS and ‘‘Severe’’ for 

the 1-hour ozone NAAQS (40 CFR 

81.305). Therefore, these rules must 

implement RACT in their respective 

counties. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

3. ‘‘NOX Emissions from Industrial/ 

Commercial/Institutional (ICI) Boilers,’’ EPA 

OAQPS, March 1994, EPA–453/R–94–022. 

4. ‘‘NOX Emissions from Process Heaters,’’ 

EPA OAQPS, September 1993, EPA–453/R– 

93–034 1993/09. 

5. ‘‘Standards of Performance for 

Commercial and Industrial Solid Waste 

Incineration Units,’’ 40 CFR part 60, subpart 

CCCC. 

6. ‘‘Standards of Performance for Other 

Solid Waste Incineration Units for Which 

Construction is Commenced After December 

9, 2004, or for Which Modification or 

Reconstruction is Commenced on or After 

June 16, 2006,’’ 40 CFR part 60, subpart 

EEEE. 

B. Do the rules meet the evaluation 

criteria? 

VCAPCD Rule 74.34 adopts emission 

limits, monitoring, recordkeeping, and 

reporting requirements for NOX sources 

that were previously unregulated by a 

SIP-approved rule, resulting in an 

estimated NOX reduction of 40 tons per 

year. PCAPCD Rule 206 updates control 

requirements for incinerator units in the 

county to meet SIP requirements to 

implement RACT. For these reasons, we 

conclude that these rules are consistent 


pmangrum on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 82, No. 175 / Tuesday, September 12, 2017 / Proposed Rules 42767 

with CAA requirements and relevant 

guidance regarding enforceability, 

RACT, and SIP revisions. The TSDs 

have more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because 

they fulfill all relevant requirements. 

We will accept comments from the 

public on this proposal until October 

12, 2017. If we take final action to 

approve the submitted rules, our final 

action will incorporate these rules into 

the federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the PCAPCD and VCAPCD rules 

described in Table 1 of this preamble. 

The EPA has made, and will continue 

to make, these materials available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

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

Dated: August 30, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–19213 Filed 9–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0656; FRL–9967–55– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Reasonably Available 

Control Technology (RACT) State 

Implementation Plan (SIP) Under the 

2008 Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Delaware. This 

revision pertains to reasonably available 

control technology (RACT) requirements 

under the 2008 8-hour ozone national 

ambient air quality standard (NAAQS). 

Delaware’s submittal for RACT for the 

2008 ozone NAAQS includes (1) 

certification that, for certain categories 

of sources, RACT controls approved by 

EPA into Delaware’s SIP for previous 

ozone NAAQS are based on currently 

available technically and economically 

feasible controls and continue to 

represent RACT for 2008 8-hour ozone 

NAAQS implementation purposes; (2) 

the adoption of new or more stringent 

regulations or controls that represent 

RACT control levels for certain other 

categories of sources; and (3) a negative 

declaration that certain categories of 

sources do not exist in Delaware. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before October 12, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0656 at http://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

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 


pmangrum on DSK3GDR082PROD with PROPOSALS1