82 FR 47396 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Withdrawal of Direct Final Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47396-47397 | |
| FR Document | 2017-21929 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Rules and Regulations] [Pages 47396-47397] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21929] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0143; FRL-9969-14--Region 7] Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Withdrawal of Direct Final Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule for ``Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa,'' published in the Federal Register on August 25, 2017. DATES: The direct final rule published at 82 FR 40491, August 25, 2017, is withdrawn effective October 12, 2017. FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at Hamilton.heather@epa.gov. [[Page 47397]] SUPPLEMENTARY INFORMATION: Due to an adverse comment, EPA is withdrawing the direct final rule to approve a SIP revision submitted by the State of Iowa pertaining to an amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa. In the direct final rule published in the Federal Register on August 25, 2017, (82 FR 40491), we stated that if we received adverse comment by September 25, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment. We will address those comments in a proposed rulemaking. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Reporting and recordkeeping requirements. Dated: September 27, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 Accordingly, the amendment to 40 CFR 52.820 published in the Federal Register on August 25, 2017 (82 FR 40491) on page 40493 is withdrawn effective October 12, 2017. [FR Doc. 2017-21929 Filed 10-11-17; 8:45 am] BILLING CODE 6560-50-P
![47396 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
jurisdiction. In those areas of Indian actions must be filed in the United PART 52—APPROVAL AND
country, the rule does not have tribal States Court of Appeals for the PROMULGATION OF
implications as specified by Executive appropriate circuit by December 11, IMPLEMENTATION PLANS
Order 13175 (65 FR 67249, November 9, 2017. Filing a petition for
2000), nor will it impose substantial reconsideration by the Administrator of ■ 1. The authority citation for part 52
direct costs on tribal governments or this final rule does not affect the finality continues to read as follows:
preempt tribal law. of these actions for the purposes of
The Congressional Review Act, 5 judicial review nor does it extend the Authority: 42 U.S.C. 7401 et seq.
U.S.C. 801 et seq., as added by the Small time within which a petition for judicial
Business Regulatory Enforcement review may be filed, and shall not Subpart B—Alabama
Fairness Act of 1996, generally provides postpone the effectiveness of such rule
that before a rule may take effect, the or action. These actions may not be ■ 2. Section 52.50(e) is amended by
agency promulgating the rule must challenged later in proceedings to adding new entries for ‘‘110(a)(1) and
submit a rule report, which includes a enforce its requirements. See section (2) Infrastructure Requirements for the
copy of the rule, to each House of the 307(b)(2). 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1)
Congress and to the Comptroller General and (2) Infrastructure Requirements for
of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 the 2010 1-hour SO2 NAAQS’’,
report containing these actions and ‘‘110(a)(1) and (2) Infrastructure
Environmental protection,
other required information to the U.S. Requirements for the 2012 Annual PM2.5
Administrative practice and procedure,
Senate, the U.S. House of NAAQS’’ and ‘‘Regional Haze Plan
Air pollution control, Incorporation by
Representatives, and the Comptroller Revision’’ at the end of the table to read
reference, Intergovernmental relations,
General of the United States prior to as follows:
publication of the rule in the Federal Nitrogen dioxide, Ozone, Particulate
Register. A major rule cannot take effect Matter, Reporting and recordkeeping
§ 52.50 Identification of plan.
until 60 days after it is published in the requirements, Sulfur oxides.
* * * * *
Federal Register. These actions are not Dated: September 29, 2017.
a ‘‘major rule’’ as defined by 5 U.S.C. Onis ‘‘Trey’’ Glenn, III, (e) * * *
804(2). Regional Administrator, Region 4.
Under section 307(b)(1) of the CAA,
petitions for judicial review of these 40 CFR part 52 is amended as follows:
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geographic State submittal
Name of nonregulatory SIP or nonattainment date/effective EPA approval date Explanation
provision area date
* * * * * * *
110(a)(1) and (2) Infrastructure Alabama ...................... 12/9/2015 10/12/2017, [Insert Federal Addressing Prong 4 of Section
Requirements for the 2010. Register citation]. 110(a)(2)(D)(i)(I) only.
1-hour NO2 NAAQS ...................
110(a)(1) and (2) Infrastructure Alabama ...................... 4/23/2013 10/12/2017, [Insert Federal Addressing Prong 4 of Section
Requirements for the 2010. Register citation]. 110(a)(2)(D)(i)(I) only.
1-hour SO2 NAAQS ...................
110(a)(1) and (2) Infrastructure Alabama ...................... 12/9/2015 10/12/2017, [Insert Federal Addressing Prong 4 of Section
Requirements for the 2012. Register citation]. 110(a)(2)(D)(i)(I) only.
Annual PM2.5 NAAQS ................
Regional Haze Plan Revision .... Alabama ...................... 10/26/2015 10/12/2017, [Insert Federal
Register citation].
■ 3. Section 52.53 is amended by ENVIRONMENTAL PROTECTION (EPA) is withdrawing the direct final
removing and reserving paragraph (e) to AGENCY rule for ‘‘Air Plan Approval; Iowa;
read as follows: Amendment to the Administrative
40 CFR Part 52 Consent Order, Grain Processing
§ 52.53 Approval status. Corporation, Muscatine, Iowa,’’
[EPA–R07–OAR–2017–0143; FRL–9969–
* * * * * 14—Region 7] published in the Federal Register on
(e) [Reserved] August 25, 2017.
Air Plan Approval; Iowa; Amendment
§ 52.61 [Removed and reserved] to the Administrative Consent Order, DATES: The direct final rule published at
Grain Processing Corporation, 82 FR 40491, August 25, 2017, is
■ 4. Section 52.61 is removed and Muscatine, Iowa; Withdrawal of Direct withdrawn effective October 12, 2017.
reserved.
jstallworth on DSKBBY8HB2PROD with RULES
Final Rule FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–21954 Filed 10–11–17; 8:45 am] AGENCY: Environmental Protection Heather Hamilton, Environmental
BILLING CODE 6560–50–P Agency (EPA). Protection Agency, Air Planning and
ACTION: Withdrawal of direct final rule.
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
SUMMARY: Due to an adverse comment, 913–551–7039, or by email at
the Environmental Protection Agency Hamilton.heather@epa.gov.
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![Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47397
SUPPLEMENTARY INFORMATION: Due to an DATES: The direct final rule published at will not open a second comment period
adverse comment, EPA is withdrawing 82 FR 30935, on August 17, 2017, is for this action.
the direct final rule to approve a SIP withdrawn effective October 12, 2017.
List of Subjects in 40 CFR Part 52
revision submitted by the State of Iowa FOR FURTHER INFORMATION CONTACT:
pertaining to an amendment to the Environmental protection, Air
Kelly Sheckler, Air Regulatory
Administrative Consent Order, Grain pollution control, Incorporation by
Management Section, Air Planning and
Processing Corporation, Muscatine, reference, Intergovernmental relations,
Implementation Branch, Air, Pesticides
Iowa. In the direct final rule published Particulate matter, Reporting and
and Toxics Management Division, U.S.
in the Federal Register on August 25, recordkeeping requirements.
Environmental Protection Agency,
2017, (82 FR 40491), we stated that if we Region 4, 61 Forsyth Street SW., Dated: September 29, 2017.
received adverse comment by Atlanta, Georgia 30303–8960. The Onis ‘‘Trey’’ Glen, III
September 25, 2017, the rule would be telephone number is (404) 562–9222. Regional Administrator, Region 4.
withdrawn and not take effect. EPA Ms. Sheckler can also be reached via
received an adverse comment. We will electronic mail at sheckler.kelly@
address those comments in a proposed PART 52—APPROVAL AND
epa.gov. PROMULGATION OF
rulemaking.
SUPPLEMENTARY INFORMATION: On August IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52 17, 2017 (82 FR 39035), EPA published ■ Accordingly, the amendment to 40
Environmental protection, Air a direct final rule approving a SIP CFR 52.50(c) published on August 17,
pollution control, Intergovernmental revision submitted by the State of 2017 (82 FR 39035), is withdrawn
relations, Incorporation by reference, Alabama, through the Alabama effective October 12, 2017.
Reporting and recordkeeping Department of Environmental
[FR Doc. 2017–21931 Filed 10–11–17; 8:45 am]
requirements. Management. EPA took a direct final
action to approve the portions of the BILLING CODE 6560–50–P
Dated: September 27, 2017.
May 8, 2013, submission that removes
Cathy Stepp,
specific provisions of Alabama
Acting Regional Administrator, Region 7. Administrative Code section 335–3–17– ENVIRONMENTAL PROTECTION
.01, ‘‘Transportation Conformity,’’ from AGENCY
PART 52—APPROVAL AND
the SIP that are no longer required. 40 CFR Part 52
PROMULGATION OF
IMPLEMENTATION PLANS In the direct final rule, EPA explained
that the Agency was publishing the rule [EPA–R04–OAR–2017–0371; FRL–9969–
22—Region 4]
■ Accordingly, the amendment to 40 without prior proposal because the
CFR 52.820 published in the Federal Agency viewed the submittal as a non- Air Plan Approval; Alabama: PSD
Register on August 25, 2017 (82 FR controversial SIP amendment and Replacement Units
40491) on page 40493 is withdrawn anticipated no adverse comments.
effective October 12, 2017. Further, EPA explained that the Agency AGENCY: Environmental Protection
was publishing a separate document in Agency (EPA).
[FR Doc. 2017–21929 Filed 10–11–17; 8:45 am]
the proposed rules section of the ACTION: Withdrawal of direct final rule.
BILLING CODE 6560–50–P
Federal Register to serve as the proposal
to approve the SIP revision should an SUMMARY: Due to the receipt of adverse
adverse comment be filed. EPA also comments, the Environmental
ENVIRONMENTAL PROTECTION Protection Agency (EPA) is withdrawing
AGENCY noted that the rule would be effective
generally 30 days after the close of the the August 24, 2017, direct final rule
40 CFR Part 52 public comment period, without further that approves an Alabama state
notice unless the Agency received implementation plan (SIP) revision
adverse comment by the close of the related to the Prevention of Significant
[EPA–R04–OAR–2017–0174; FRL–9969– Deterioration (PSD) permitting
25—Region 4] public comment period. EPA explained
that if the Agency received such regulations. EPA will address the
Air Plan Approval: Alabama; comments, then EPA would publish a comments in a subsequent final action
Transportation Conformity document withdrawing the final rule based upon the proposed rulemaking
and informing the public that the rule action, also published on August 24,
AGENCY: Environmental Protection would not take effect. It was also 2017. EPA will not institute a second
Agency (EPA). explained that all public comments comment period on this action.
ACTION: Withdrawal of direct final rule. received would then be addressed in a DATES: The direct final rule published at
subsequent final rule based on the 82 FR 40072, on August 24, 2017, is
SUMMARY: Due to the receipt of an proposed rule, and that EPA would not withdrawn, effective October 12, 2017.
adverse comment, the Environmental institute a second comment period on FOR FURTHER INFORMATION CONTACT:
Protection Agency (EPA) is withdrawing this action. Andres Febres, Air Regulatory
the August 17, 2017, direct final rule EPA received one adverse comment Management Section, Air Planning and
that approves an Alabama state from a single Commenter on the Implementation Branch, Air, Pesticides
implementation plan (SIP) revision aforementioned rule. As a result of the and Toxics Management Division, U.S.
jstallworth on DSKBBY8HB2PROD with RULES
related to transportation conformity comment received, EPA is withdrawing Environmental Protection Agency,
requirements. EPA will address the the direct final rule approving the Region 4, 61 Forsyth Street SW.,
comment in a subsequent final action aforementioned changes to the Alabama Atlanta, Georgia 30303–8960. The
based upon the proposed rulemaking SIPs. EPA will address the comment in telephone number is (404) 562–8966.
action, also published on August 17, a separate final action based on the Ms. Sheckler can also be reached via
2017. EPA will not institute a second proposed action also published on electronic mail at febres-
comment period on this action. August 17, 2017 (82 FR 39078). EPA martinez.andres@epa.gov.
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Document Created: 2018-10-25 10:03:06
Document Modified: 2018-10-25 10:03:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Withdrawal of direct final rule. | |
| Dates | The direct final rule published at 82 FR 40491, August 25, 2017, is withdrawn effective October 12, 2017. | |
| Contact | Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at [email protected] | |
| FR Citation | 82 FR 47396 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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