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Regulatory Flexibility Act rulemaking and its impact analysis are Dated: , 2019. The Secretary hereby certifies that available on VA’s website at http:// Michael P. Shores, final rule will not have a significant www.va.gov/orpm by following the link Director, Office of Regulation Policy & economic impact on a substantial for VA Regulations Published from FY Management, Office of the Secretary, number of small entities as they are 2004 through FYTD. This rule is not an Department of Veterans Affairs. defined in the Regulatory Flexibility E.O. 13771 regulatory action because For the reasons set forth in the Act, 5 U.S.C. 601–612. This final rule this rule is not significant under E.O. preamble, the VA amends 38 CFR part directly affects only individuals and 12866. 17 as follows: will not directly affect small entities. Unfunded Mandates Therefore, pursuant to 5 U.S.C. 605(b), PART 17—MEDICAL this rulemaking is exempt from the The Unfunded Mandates Reform Act ■ 1. The authority citation for part 17 is initial and final regulatory flexibility of 1995 requires, at 2 U.S.C. 1532, that amended in the entry for §§ 17.380, analysis requirements of 5 U.S.C. 603 agencies prepare an assessment of 17.390 and 17.412 by adding ‘‘, and sec. and 604. anticipated costs and benefits before 236, div. J, Pub. L 115–141, 132 Stat. Executive Orders 12866, 13563, and issuing any rule that result in the 348’’ immediately after ‘‘857’’ to read in 13771 expenditure by State, local, and tribal part as follows: Executive Orders 12866 and 13563 governments, in the aggregate, or by the Authority: 38 U.S.C. 501, and as noted in direct agencies to assess the costs and private sector, of $100 million or more specific sections. benefits of available regulatory (adjusted annually for inflation) in any * * * * * one year. This final rule will have no alternatives and, when regulation is ■ 2. Amend § 17.380 by revising such effect on State, local, and tribal necessary, to select regulatory paragraph (b) to read as follows: approaches that maximize net benefits governments, or on the private sector. § 17.380 In vitro fertilization treatment. (including potential economic, Catalog of Federal Domestic Assistance environmental, public health and safety * * * * * effects, and other advantages; The Catalog of Federal Domestic (b) The time periods regarding embryo distributive impacts; and equity). Assistance numbers and titles for the cryopreservation and storage set forth in Executive Order 13563 (Improving programs affected by this document are part III(G) and in part IV(H) of the Regulation and Regulatory Review) 64.012—Veterans Prescription Service; memorandum referenced in paragraph emphasizes the importance of 64.029—Purchase Care Program; (a)(3) of this section do not apply. quantifying both costs and benefits, 64.040—VHA Inpatient Medicine; Embryo cryopreservation and storage reducing costs, harmonizing rules, and 64.041—VHA Outpatient Specialty may be provided to an individual promoting flexibility. Executive Order Care; 64.042—VHA Inpatient Surgery; described in paragraph (a)(1) of this 12866 (Regulatory Planning and 64.045—VHA Outpatient Ancillary section without limitation on the Review) defines a ‘‘significant Services; 64.047—VHA Primary Care; duration of such cryopreservation and regulatory action,’’ which requires 64.050—VHA Diagnostic Care. storage. review by the Office of Management and ■ 3. Amend § 17.412 by revising Budget (OMB), as any regulatory action List of Subjects in 38 CFR Part 17 paragraph (b) to read as follows: that is likely to result in a rule that may: (1) Have an annual effect on the Administrative practice and § 17.412 Fertility counseling and treatment economy of $100 million or more or procedure, Alcohol abuse, Alcoholism, for certain spouses. adversely affect in a material way the Claims, Day care, Dental health, Drug * * * * * economy, a sector of the economy, abuse, Government contracts, Grant (b) The time periods regarding embryo productivity, competition, jobs, the programs-health, Grant programs- cryopreservation and storage set forth in environment, public health or safety, or veterans, Health care, Health facilities, part III(G) and in part IV(H) of the State, local, or tribal governments or Health professions, Health records, memorandum referenced in paragraph communities; (2) Create a serious Homeless, Medical and Dental schools, (a) of this section do not apply. Embryo inconsistency or otherwise interfere Medical devices, Medical research, cryopreservation and storage may be with an action taken or planned by Mental health programs, Nursing provided to a spouse of a covered another agency; (3) Materially alter the homes, Reporting and recordkeeping veteran without limitation on the budgetary impact of entitlements, requirements, Travel and transportation duration of such cryopreservation and grants, user fees, or loan programs or the expenses, Veterans. storage. rights and obligations of recipients [FR Doc. 2019–04096 Filed 3–6–19; 8:45 am] The Secretary of Veterans Affairs, or thereof; or (4) Raise novel legal or policy BILLING CODE 8320–01–P issues arising out of legal mandates, the designee, approved this document and President’s priorities, or the principles authorized the undersigned to sign and set forth in the Executive Order. submit the document to the Office of the ENVIRONMENTAL PROTECTION VA has examined the economic, Federal Register for publication AGENCY interagency, budgetary, legal, and policy electronically as an official document of implications of this regulatory action the Department of Veterans Affairs. 40 CFR Part 52 and determined that the action is not a Robert L. Wilkie, Secretary, Department significant regulatory action under [EPA–R05–OAR–2018–0121; FRL–9990–44– of Veterans Affairs, approved this Region 5] Executive Order 12866. VA’s impact document on 11, 2019, for analysis can be found as a supporting publication. Air Plan Approval; Ohio; Ohio Permit document at http:// Rules Revisions www.regulations.gov, usually within 48 hours after the rulemaking document is AGENCY: Environmental Protection published. Additionally, a copy of the Agency (EPA).

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ACTION: Final rule. air permitting rules which update reference by EPA into that plan, are definitions, provisions for exemptions fully federally enforceable under SUMMARY: The Environmental Protection and permits-by-rule, criteria for permits- sections 110 and 113 of the CAA as of Agency (EPA) is approving revisions to to-install and permits-to-install-and- the effective date of the final rulemaking Ohio air permitting rules at Ohio operate, and attainment provisions. of EPA’s approval, and will be Administrative Code (OAC) 3745–31 Ohio adopted revisions to these rules on incorporated by reference in the next into the State Implementation Plan (SIP) 21, 2016. In the , 2018, update to the SIP compilation.1 under the Clean Air Act (CAA). These submittal, OEPA requested that the revisions represent minor changes to the following paragraphs be excluded from IV. Statutory and Executive Order air permitting rules the Ohio approval into the SIP: OAC 3745–31– Reviews Environmental Protection Agency 01(I), (NN)(2)(b) and (c), (SSS)(1)(b), Under the CAA, the Administrator is (OEPA) adopted on , 2016, (CCCC)(2)(d) through (h), (QQQQ), required to approve a SIP submission which became effective at the state level (JJJJJ), and (BBBBBB); 3745–31– that complies with the provisions of the on , 2016. 03(B)(1)(p) and (C)(2)(c)(iii); 3745–31– CAA and applicable Federal regulations. DATES: This final rule is effective on 05(A)(3)(a)(ii) and (E); and 3745–31– 42 U.S.C. 7410(k); 40 CFR 52.02(a). , 2019. 13(H)(1)(c). On 27, 2018, OEPA Thus, in reviewing SIP submissions, ADDRESSES: EPA has established a submitted a supplement to the January EPA’s role is to approve state choices, docket for this action under Docket ID 2, 2018, SIP submittal to address provided that they meet the criteria of No. EPA–R05–OAR–2018–0121. All requirements of Section 110(l) of the the CAA. Accordingly, this action documents in the docket are listed on CAA. merely approves state law as meeting the www.regulations.gov website. On 25, 2018 (83 FR 53832), Federal requirements and does not Although listed in the index, some EPA published a proposed approval of impose additional requirements beyond information is not publicly available, the rule revisions included in the those imposed by state law. For that i.e., Confidential Business Information January 2, 2018, submittal from OEPA. reason, this action: • (CBI) or other information whose The specific details of OEPA’s January Is not a significant regulatory action disclosure is restricted by statute. 2, 2018, SIP submittal and the rationale subject to review by the Office of Certain other material, such as for EPA’s approval were discussed in Management and Budget under copyrighted material, is not placed on the , 2018 proposed approval Executive Orders 12866 (58 FR 51735, the internet and will be publicly and will not be restated here. EPA , 1993) and 13563 (76 FR 3821, available only in hard copy form. received no comments during the , 2011); • Publicly available docket materials are comment period of the proposed Is not an Executive Order 13771 (82 available either through approval. FR 9339, 2, 2017) regulatory www.regulations.gov or at the II. What action is EPA taking? action because SIP approvals are exempted under Executive Order 12866; Environmental Protection Agency, EPA is approving rule revisions to • Region 5, Air and Radiation Division, 77 Does not impose an information 3745–31–01, 3745–31–03, 3745–31–05, collection burden under the provisions West Jackson Boulevard, Chicago, 3745–31–06, 3745–31–11, 3745–31–13, Illinois 60604. This facility is open from of the Paperwork Reduction Act (44 and 3745–31–14 that OEPA submitted U.S.C. 3501 et seq.); 8:30 a.m. to 4:30 p.m., Monday through on January 2, 2018, into the SIP. EPA • Friday, excluding Federal holidays. We Is certified as not having a finds that the revisions are consistent significant economic impact on a recommend that you telephone Sam with Federal requirements. As requested Portanova, Environmental Engineer, at substantial number of small entities by OEPA, the following provisions are under the Regulatory Flexibility Act (5 (312) 886–3189 before visiting the not included in this approval: OAC Region 5 office. U.S.C. 601 et seq.); 3745–31–01(I), (NN)(2)(b) and (c), • Does not contain any unfunded FOR FURTHER INFORMATION CONTACT: Sam (SSS)(1)(b), (CCCC)(2)(d) through (h), mandate or significantly or uniquely Portanova, Environmental Engineer, Air (QQQQ), (JJJJJ), and (BBBBBB); 3745– affect small governments, as described Permits Section, Air Programs Branch 31–03(B)(1)(p) and (C)(2)(c)(iii); 3745– in the Unfunded Mandates Reform Act (AR–18J), Environmental Protection 31–05(A)(3)(a)(ii) and (E); and 3745–31– of 1995 (Pub. L. 104–4); Agency, Region 5, 77 West Jackson 13(H)(1)(c). • Does not have Federalism Boulevard, Chicago, Illinois 60604, III. Incorporation by Reference implications as specified in Executive (312) 886–3189, portanova.sam@ Order 13132 (64 FR 43255, 10, epa.gov. In this rule, EPA is finalizing 1999); SUPPLEMENTARY INFORMATION: regulatory text that includes • Is not an economically significant Throughout this document whenever incorporation by reference. In regulatory action based on health or ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean accordance with requirements of 1 CFR safety risks subject to Executive Order EPA. This supplementary information 51.5, EPA is finalizing the incorporation 13045 (62 FR 19885, , 1997); section is arranged as follows: by reference of the Ohio Regulations • Is not a significant regulatory action described in the amendments to 40 CFR I. Background subject to Executive Order 13211 (66 FR II. What action is EPA taking? part 52 set forth below. EPA has made, 28355, , 2001); III. Incorporation by Reference and will continue to make, these • Is not subject to requirements of IV. Statutory and Executive Order Reviews documents generally available through Section 12(d) of the National www.regulations.gov, and at the EPA Technology Transfer and Advancement I. Background Region 5 Office (please contact the Act of 1995 (15 U.S.C. 272 note) because On January 2, 2018, OEPA submitted person identified in the FOR FURTHER application of those requirements would revisions to rules in OAC chapters INFORMATION CONTACT section of this be inconsistent with the CAA; and 3745–31–01, 3745–31–03, 3745–31–05, preamble for more information). • Does not provide EPA with the 3745–31–06, 3745–31–11, 3745–31–13, Therefore, these materials have been discretionary authority to address, as and 3745–31–14 to EPA for approval approved by EPA for inclusion in the into the SIP. These revisions pertain to SIP, have been incorporated by 1 62 FR 27968 (May 22, 1997).

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appropriate, disproportionate human States prior to publication of the rule in requirements, Sulfur oxides, Volatile health or environmental effects, using the Federal Register. A major rule organic compounds. practicable and legally permissible cannot take effect until 60 days after it Dated: , 2019. methods, under Executive Order 12898 is published in the Federal Register. Cheryl L. Newton, (59 FR 7629, , 1994). This action is not a ‘‘major rule’’ as In addition, the SIP is not approved defined by 5 U.S.C. 804(2). Acting Regional Administrator, Region 5. to apply on any Indian reservation land Under section 307(b)(1) of the CAA, 40 CFR part 52 is amended as follows: or in any other area where EPA or an petitions for judicial review of this Indian tribe has demonstrated that a action must be filed in the PART 52—APPROVAL AND tribe has jurisdiction. In those areas of Court of Appeals for the appropriate PROMULGATION OF Indian country, the rule does not have circuit by , 2019. Filing a petition IMPLEMENTATION PLANS tribal implications and will not impose for reconsideration by the Administrator substantial direct costs on tribal of this final rule does not affect the ■ 1. The authority citation for part 52 governments or preempt tribal law as finality of this action for the purposes of continues to read as follows: specified by Executive Order 13175 (65 judicial review nor does it extend the Authority: 42 U.S.C. 7401 et seq. FR 67249, 9, 2000). time within which a petition for judicial The Congressional Review Act, 5 review may be filed, and shall not ■ 2. In § 52.1870, the table in paragraph U.S.C. 801 et seq., as added by the Small postpone the effectiveness of such rule (c) is amended by removing the first Business Regulatory Enforcement or action. This action may not be entry for 3745–31–01 and revising the Fairness Act of 1996, generally provides challenged later in proceedings to entries for the remaining 3745–31–01 that before a rule may take effect, the enforce its requirements. (See section and 3745–31–03, 3745–31–05, 3745–31– agency promulgating the rule must 307(b)(2).) 06, 3745–31–11, 3745–31–13, and 3745– submit a rule report, which includes a 31–14 under ‘‘Chapter 3745–31 Permit- copy of the rule, to each House of the List of Subjects in 40 CFR Part 52 to Install New Sources and Permit-to- Congress and to the Comptroller General Environmental protection, Air Install and Operate Program’’ to read as of the United States. EPA will submit a pollution control, Carbon monoxide, follows: report containing this action and other Incorporation by reference, required information to the U.S. Senate, Intergovernmental relations, Nitrogen § 52.1870 Identification of plan. the U.S. House of Representatives, and dioxide, Ozone, Particulate matter, * * * * * the Comptroller General of the United Reporting and recordkeeping (c) * * *

EPA-APPROVED OHIO REGULATIONS

Ohio effec- Ohio citation Title/Subject tive date EPA Approval date Notes

*******

Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program

3745–31–01 ...... Definitions ...... 5/1/2016 3/7/2019, [Insert Federal Except for (I), (NN)(2)(b) and Register citation]. (c), (SSS)(1)(b), (CCCC)(2)(d) through (h), (QQQQ), (JJJJJ), and (BBBBBB).

******* 3745–31–03 ...... Exemptions and Permits-by-Rule ...... 5/1/2016 3/7/2019, [Insert Federal Except for (B)(1)(p) and Register citation]. (C)(2)(c)(iii).

******* 3745–31–05 ...... Criteria for Decision by the Director ...... 5/1/2016 3/7/2019, [Insert Federal Except for (A)(3)(a)(ii) and (E). Register citation]. 3745–31–06 ...... Completeness Determinations, Processing Re- 5/1/2016 3/7/2019, [Insert Federal quirements, Public Participation, Public Notice Register citation]. and Issuance.

******* 3745–31–11 ...... Attainment Provisions—Ambient Air Increments, 5/1/2016 3/7/2019, [Insert Federal Ceilings and Classifications. Register citation].

******* 3745–31–13 ...... Attainment Provisions—Review of Major Sta- 5/1/2016 3/7/2019, [Insert Federal Except for (H)(1)(c). tionary Sources and Major Modifications, Sta- Register citation]. tionary Source Applicability and Exemptions. 3745–31–14 ...... Attainment Provisions—Pre-application Analysis 5/1/2016 3/7/2019, [Insert Federal Register citation].

*******

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* * * * * FOR FURTHER INFORMATION CONTACT: Mai process for the revision, the State is [FR Doc. 2019–04065 Filed 3–6–19; 8:45 am] Denawa, Office of Regional Counsel, relying on the date that EPA signs the BILLING CODE 6560–50–P EPA Region 8, 1595 Wynkoop Street, final notice as the required ‘‘approval’’ Denver, Colorado 80202–1129; under S.L. 2017, ch. 1. 199, Section 1. telephone number: 303–312–6514; Once EPA approves revisions to all ENVIRONMENTAL PROTECTION email address: [email protected]. relevant environmental programs, the AGENCY SUPPLEMENTARY INFORMATION: Due to State intends to take the necessary unforeseen delays that the lapse in additional steps as specified in S.L. 40 CFR Parts 52, 60, 61, 63, 70, 271, appropriations has caused, the effective 2017, ch. 199, Section 1, to ensure that and 281 dates for the rules listed in the table the transfer in authority would be [EPA–R08–OAR–2018–0616 EPA–R08– below are revised to , 2019. effective under State law. EPA sought to OAR–2018–0299 EPA–R08–RCRA–2018– These actions relate to the EPA’s final ensure that NDDEQ rules and the 0084 and EPA–R08–UST–2018–0728; approvals concerning revisions to North NDDEQ would become effective under FRL9990–24] Dakota’s environmental protection State law prior to the effective date of programs that have the effect of EPA’s approvals. Otherwise, EPA would Approvals Concerning Revisions to transferring authority to implement and in effect approve an agency that did not North Dakota’s Environmental enforce previously EPA-authorized/ yet exist. Additionally, to prevent a gap Protection Programs; Delay of approved/delegated/codified in an EPA-approved program while the Effective Dates environmental protection programs transfer occurs for the programs in the from the North Dakota Department of AGENCY: below table, our final notices noted that Environmental Protection Health (NDDH) to the newly-created Agency (EPA). unless and until the NDDEQ rules and North Dakota Department of agency become fully effective under ACTION: Final rule; delay of effective Environmental Quality (NDDEQ). federal law, for purposes of federal law dates. However, because EPA has not issued the EPA recognizes the State’s program final approvals for all the relevant SUMMARY: Due to unforeseen delays as currently approved under NDDH. See environmental programs to the NDDEQ, resulting from the lapse in 84 FR 1610 (, 2019); 84 FR EPA is delaying the effective dates of appropriations for the Environmental 3108 (, 2019); 83 FR 65101 the approvals that have been finalized to ( 19, 2018); 83 FR 65104 Protection Agency (EPA), the EPA’s allow for the transfer of all the programs final approvals concerning revisions to (, 2018). Based on this to be synchronized, allowing them to process and our subsequent North Dakota’s environmental become effective without creating conversations with the State, EPA had protection programs that have the effect uncertainty in the State entity that has initially determined that our approval of of transferring authority from the North EPA approval to implement North the revised programs in the below table Dakota Department of Health (NDDH) to Dakota’s environmental programs. the newly-created North Dakota The North Dakota legislature enacted should become fully effective under Department of Environmental Quality North Dakota Senate Bill 2327 (S.L. federal law on , 2019. (NDDEQ) are delayed until April 30, 2017, ch. 199, Section 1) in 2017 to However, the lapse in appropriations 2019. This action delays the effective create the new NDDEQ. This law has caused unforeseen delays in dates of the four relevant rules, requires that the transfer of authority completing issuance of the remaining published in the Federal Register from NDDH to NDDEQ will only occur necessary approvals. Specifically, the between December 19, 2018 and if the State has obtained all approvals underground injection control (UIC) February 11, 2019. from EPA to ensure that the State will program under the SDWA is still DATES: The rule is effective April 30, continue to meet federal requirements pending final rule signature and review, 2019. The effective dates of the rules for the respective environmental though a proposed rule has been published at 83 FR 65101 (December 19, programs. For the programs described in published and the comment period has 2018), 83 FR 65104 (December 19, the below table (as well as the closed. (83 FR 62536, , 2018), 84 FR 1610 (February 5, 2019), underground injection control program 2018). EPA is delaying the effective date and 84 FR 3108 (February 11, 2019), are under the Safe Drinking Water Act) that of the approvals in the below table delayed until April 30, 2019. See require notice and comment in the because the March 15 effective date is SUPPLEMENTARY INFORMATION for details. Federal Register as part of the approval no longer feasible.

New Federal Register citation CFR part affected Title Original effective effective date date

84 FR 1610, February 5, Part 52...... Approval and Promulgation of Implementation 3/15/2019 4/30/2019 2019 9. Plans; North Dakota; Revisions to Infrastructure Requirements for All National Ambient Air Quality Standards; Carbon Monoxide (CO); Lead (Pb); Ni- trogen Dioxide (NO2); Ozone (O3); Particle Pollu- tion (PM2.5, PM10); Sulfur Dioxide (SO2); Recodifi- cation. 84 FR 3108, February 11, Parts 60, 61, 63, 70 ...... Approval of Recodification and Revisions to State 3/15/2019 4/30/2019 2019. Air Pollution Control Rules; North Dakota; Interim Approval of Title V Program Recodification and Revisions; Approval of Recodification and Revi- sions to State Programs and Delegation of Au- thority To Implement and Enforce Clean Air Act Sections 111 and 112 Standards and Require- ments.

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