Fact Sheet Amendments to the General Provisions of Part 62 for Incorporation by Reference of Clean Air Act Section 111(d) and 129 State Plans

FACT SHEET
Amendments to the General Provisions of Part 62
for Incorporation by Reference of Clean Air Act Section 111(d) and 129 State Plans
ACTION
• On August 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a direct final
rule and a parallel proposed rule to amend the General Provisions of 40 Code of Federal
Regulations (CFR) part 62 (sections 62.02, 62.10, and 62.12).
• The amendments will improve the ability of EPA Regional offices to obtain proper
administrative approval from the Office of the Federal Register (OFR) for regulatory
actions and comply with existing laws.
• With this action EPA is proposing to amend 40 CFR part 62, subpart A to:
o Remove vague language that made the process of gaining approval for the
Incorporation by Reference of state plans unclear;
o Update the outdated addresses of EPA Regional offices.
• EPA will accept comment on the proposed amendments for 45 days after publication in
the Federal Register.
• If no significant adverse comments are received, no further action will be taken on the
proposal, and the direct final rule will become effective as provided in that action.
• If the EPA receives significant adverse comments, EPA will publish a timely withdrawal in
the Federal Register of the direct final rule.
• If the direct final rule is withdrawn, all comments will be addressed in a subsequent final
rule based on this proposal. EPA will not institute a second comment period pertaining
to the revisions on the subsequent final action. Any parties interested in commenting
should do so at this time.
BACKGROUND
• Part 62 of 40 CFR describes the process for approval and promulgation of state plans
and federal plans under Clean Air Act sections 111(d) and 129.
• One of the areas this process affects is the enforcement of emission guidelines. EPA
establishes emission guidelines under 40 CFR part 60, but they are not directly
enforceable under that regulation. Instead, a state or the federal government creates a
plan that will meet the requirements of the emission guidelines. The state or federal
plan is then incorporated by reference through 40 CFR part 62, and at that point the
plan becomes enforceable.
• Incorporation by reference allows federal agencies to include materials published
outside the CFR as part of their regulations without having to publish the full text of that
material in the Federal Register and CFR.
• The Freedom of Information Act states that regulatory provisions (i.e., state plans) may
be incorporated by reference in the Federal Register "with the approval of the Director
of the Federal Register."
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• However, the process of gaining approval for incorporation by reference was previously
unclear, leading to administrative confusion.
HOW TO COMMENT
• EPA will accept comment for 45 days after publication of the direct final rule and parallel
proposal in the Federal Register.
• Comments, identified by Docket ID No. EPA-HQ-OAR-2019-0298, may be submitted by
one of the following methods:
o Go to https:7www.regulations.gov/ and follow the online instructions for
submitting comments,
o Send comments by email to: a-and-r-Docket@epa.gov. with the subject line:
Attention Docket ID No. EPA-HQ-OAR-2019-0298.
o Fax your comments to: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-
2019-0298.
o Mail your comments to: EPA Docket Center, Environmental Protection Agency,
Mail Code: 28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2019-0298.
o Deliver comments in person to: EPA Docket Center, 1301 Constitution Ave., NW,
Room 3334, Washington, DC. Note: In person deliveries (including courier
deliveries) are only accepted during the Docket's normal hours of operation.
Special arrangements should be made for deliveries of boxed information.
FOR MORE INFORMATION
• Interested parties can download a copy of the he direct final rule and parallel proposal
from EPA's website at the following address: https://www.epa.gov/stationary-sources-
air-pollution/amendments-general-provisions-part-62-incorporation-reference-clean.
• Today's action and other background information are also available either electronically
at https://www.regulations.gov/. EPA's electronic public docket and comment system,
or in hardcopy at the EPA Docket Center's Public Reading Room.
o The Public Reading Room is located at the EPA Headquarters Library, room
number 3334 in the EPA WJC West Building, 1301 Constitution Ave., NW,
Washington, DC. Hours of operation are 8:30 a.m. to 4:30 p.m., Eastern Standard
Time, Monday through Friday, excluding federal holidays,
o Visitors are required to show photographic identification, pass through a metal
detector and sign the EPA visitor log. All visitor materials will be processed
through an X-ray machine as well. Visitors will be provided a badge that must be
visible at all times.
o Materials for this action can be accessed using Docket ID No. EPA-HQ-OAR-2019-
0298.
• For further information about the amendments to the General Provisions of 40 CFR part
62, contact Jodi Howard, EPA's Office of Air Quality Planning and Standards, at (919)
541-4607 or howard.iodi@epa.gov.
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