82 FR 47397 - Air Plan Approval; Alabama: PSD Replacement Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 196 (October 12, 2017)
Federal Register Volume 82, Issue 196 (October 12, 2017)
| Page Range | 47397-47398 | |
| FR Document | 2017-21940 |
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)] [Rules and Regulations] [Pages 47397-47398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21940] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0371; FRL-9969-22--Region 4] Air Plan Approval; Alabama: PSD Replacement Units AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the August 24, 2017, direct final rule that approves an Alabama state implementation plan (SIP) revision related to the Prevention of Significant Deterioration (PSD) permitting regulations. EPA will address the comments in a subsequent final action based upon the proposed rulemaking action, also published on August 24, 2017. EPA will not institute a second comment period on this action. DATES: The direct final rule published at 82 FR 40072, on August 24, 2017, is withdrawn, effective October 12, 2017. FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8966. Ms. Sheckler can also be reached via electronic mail at [email protected]. [[Page 47398]] SUPPLEMENTARY INFORMATION: On August 24, 2017 (82 FR 40072), EPA published a direct final rule approving a SIP revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM). EPA took a direct final action to approve the portions of the May 7, 2012, submission that made changes to ADEM Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing Construction in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)].'' In particular, the revision adds a definition of ``replacement unit'' and provides that a replacement unit is a type of existing unit under the definition of ``emissions unit,'' consistent with Federal regulations. In the direct final rule, EPA explained that the Agency was publishing the rule without prior proposal because the Agency viewed the submittal as a non-controversial SIP amendment and anticipated no adverse comments. Further, EPA explained that the Agency was publishing a separate document in the proposed rules section of the Federal Register to serve as the proposal to approve the SIP revision should an adverse comment be filed. EPA also noted that the rule would be effective generally 30 days after the close of the public comment period, without further notice unless the Agency received adverse comment by the close of the public comment period. EPA explained that if the Agency received such comments, then EPA would publish a document withdrawing the direct final rule and informing the public that the rule would not take effect. It was also explained that all public comments received would then be addressed in a subsequent final rule based on the proposed rule, and that EPA would not institute a second comment period on this action. EPA received two adverse comments on the aforementioned rule. As a result of these comments received, EPA is withdrawing the direct final rule approving the aforementioned changes to the Alabama SIPs. EPA will address the comments in a separate final action based on the proposed action also published on August 24, 2017 (82 FR 40085). EPA will not open a second comment period for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 29, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 0 Accordingly, the amendments to 40 CFR 52.50(c) published on August 24, 2017 (82 FR 40072), which was to become effective October 23, 2017, is withdrawn. [FR Doc. 2017-21940 Filed 10-11-17; 8:45 am] BILLING CODE 6560-50-P
![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.
VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47593/page/1.svg)
![47398 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION: On August requirements, Sulfur oxides, Volatile comment received to its public docket.
24, 2017 (82 FR 40072), EPA published organic compounds. Do not submit electronically any
a direct final rule approving a SIP Dated: September 29, 2017. information you consider to be
revision submitted by the State of Onis ‘‘Trey’’ Glenn, III, confidential business information (CBI)
Alabama, through the Alabama Regional Administrator, Region 4.
or other information whose disclosure is
Department of Environmental restricted by statute. Multimedia
Management (ADEM). EPA took a direct ■ Accordingly, the amendments to 40 submissions (audio, video, etc.) must be
final action to approve the portions of CFR 52.50(c) published on August 24, accompanied by a written comment.
the May 7, 2012, submission that made 2017 (82 FR 40072), which was to The written comment is considered the
changes to ADEM Administrative Code become effective October 23, 2017, is official comment and should include
Rule 335–3–14–.04—‘‘Air Permits withdrawn. discussion of all points you wish to
Authorizing Construction in Clean Air [FR Doc. 2017–21940 Filed 10–11–17; 8:45 am] make. EPA will generally not consider
Areas [Prevention of Significant BILLING CODE 6560–50–P comments or comment contents located
Deterioration Permitting (PSD)].’’ In outside of the primary submission (i.e.
particular, the revision adds a definition on the web, cloud, or other file sharing
of ‘‘replacement unit’’ and provides that ENVIRONMENTAL PROTECTION system). For additional submission
a replacement unit is a type of existing AGENCY methods, please contact the person
unit under the definition of ‘‘emissions identified in the FOR FURTHER
40 CFR Part 62
unit,’’ consistent with Federal INFORMATION CONTACT section. For the
regulations. [EPA–R03–OAR–2017–0453; FRL–9969– full EPA public comment policy,
In the direct final rule, EPA explained 45—Region 3] information about CBI or multimedia
that the Agency was publishing the rule submissions, and general guidance on
Approval and Promulgation of State making effective comments, please visit
without prior proposal because the
Air Quality Plans for Designated http://www2.epa.gov/dockets/
Agency viewed the submittal as a non-
Facilities and Pollutants; City of commenting-epa-dockets.
controversial SIP amendment and Philadelphia; Control of Emissions
anticipated no adverse comments. From Existing Hospital/Medical/ FOR FURTHER INFORMATION CONTACT:
Further, EPA explained that the Agency Infectious Waste Incinerator Units Mike Gordon, (215) 814–2039, or by
was publishing a separate document in email at gordon.mike@epa.gov.
the proposed rules section of the AGENCY: Environmental Protection
Federal Register to serve as the proposal Agency (EPA). SUPPLEMENTARY INFORMATION:
to approve the SIP revision should an ACTION: Direct final rule. I. Background
adverse comment be filed. EPA also
noted that the rule would be effective SUMMARY: EPA is taking direct final Sections 111(d) and 129 of the CAA
generally 30 days after the close of the action to notify the public that it has require states to submit plans to control
public comment period, without further received a negative declaration for certain pollutants (designated
notice unless the Agency received hospital/medical/infectious waste pollutants) at existing solid waste
adverse comment by the close of the incinerator (HMIWI) units within the combustor facilities (designated
public comment period. EPA explained City of Philadelphia. This negative facilities) whenever standards of
that if the Agency received such declaration certifies that HMIWI units performance have been established
comments, then EPA would publish a subject to the requirements of sections under section 111(b) for new sources of
document withdrawing the direct final 111(d) and 129 of the Clean Air Act the same type, and EPA has established
rule and informing the public that the (CAA) do not exist within the emission guidelines (EG) for such
rule would not take effect. It was also jurisdictional boundaries of the existing sources. A designated pollutant
explained that all public comments Philadelphia Air Management Service is any pollutant for which no air quality
received would then be addressed in a (AMS). EPA is accepting the negative criteria have been issued, and which is
subsequent final rule based on the declaration in accordance with the not included on a list published under
proposed rule, and that EPA would not requirements of the Clean Air Act section 108(a) or section 112(b)(1)(A) of
institute a second comment period on (CAA). the CAA, but emissions of which are
this action. DATES: This rule is effective on subject to a standard of performance for
EPA received two adverse comments December 11, 2017 without further new stationary sources.
on the aforementioned rule. As a result notice, unless EPA receives adverse On October 6, 2009 (74 FR 51368),
of these comments received, EPA is written comment by November 13, EPA promulgated HMIWI unit new
withdrawing the direct final rule 2017. If EPA receives such comments, it source performance standards, 40 CFR
approving the aforementioned changes will publish a timely withdrawal of the part 60, subpart Ec, and emission
to the Alabama SIPs. EPA will address direct final rule in the Federal Register guidelines, subpart Ce. These
the comments in a separate final action and inform the public that the rule will regulations were amended in an April 4,
based on the proposed action also not take effect. 2011 final rule (76 FR 18407).
published on August 24, 2017 (82 FR ADDRESSES: Submit your comments, The designated facilities to which the
40085). EPA will not open a second identified by Docket ID Number EPA– EG apply are existing HMIWI units that:
comment period for this action. R03–OAR–2017–0453 at http:// (1) Commenced construction on or
www.regulations.gov, or via email to before June 20, 1996, or for which
List of Subjects in 40 CFR Part 52
jstallworth on DSKBBY8HB2PROD with RULES
aquino.marcos@epa.gov. For comments modification was commenced on or
Environmental protection, Air submitted at Regulations.gov, follow the before March 16, 1998; or (2)
pollution control, Carbon monoxide, online instructions for submitting commenced construction after June 20,
Incorporation by reference, comments. Once submitted, comments 1996 but no later than December 1,
Intergovernmental relations, Lead, cannot be edited or removed from 2008, or for which modification
Nitrogen dioxide, Ozone, Particulate Regulations.gov. For either manner of commenced after March 16, 1998 but no
matter, Reporting and recordkeeping submission, EPA may publish any later than April 6, 2010, with limited
VerDate Sep<11>2014 17:25 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1](https://thefederalregister.org/doc/82_FR_47593/page/2.svg)
Document Created: 2018-10-25 10:03:55
Document Modified: 2018-10-25 10:03:55
| 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 40072, on August 24, 2017, is withdrawn, effective October 12, 2017. | |
| Contact | Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8966. Ms. Sheckler can also be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 47397 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR