82 FR 47634 - Air Plan Approval: South Carolina; Standards for Volatile Organic Compounds and Oxides of Nitrogen
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 197 (October 13, 2017)
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47634-47634 | |
| FR Document | 2017-22122 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Rules and Regulations] [Page 47634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22122] [[Page 47634]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0388; FRL-9969-31-Region 4] Air Plan Approval: South Carolina; Standards for Volatile Organic Compounds and Oxides of Nitrogen AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. ----------------------------------------------------------------------- SUMMARY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing a portion of the August 16, 2017, direct final rule that approves changes to South Carolina's state implementation plan (SIP) related to the regulation of volatile organic compounds (VOC) and oxides of nitrogen (NOX ). EPA will address the comment in a separate final action based upon the proposed rulemaking action, also published on August 16, 2017. EPA will not institute a second comment period on this action. DATES: The amendment to 40 CFR 52.2120(c) at Regulation 62.5, Standard No. 5.2 (amendatory instruction 2.b) published at 82 FR 38828, on August 16, 2017, is withdrawn, effective October 13, 2017. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: On August 16, 2017 (82 FR 38825), EPA published a direct final rule approving portions of several SIP revisions submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control, on October 1, 2007, June 17, 2013, and January 20, 2016. EPA took a direct final action to approve portions of the October 1, 2007, June 17, 2013, and January 20, 2016, submissions that made changes to Regulation 61-62.5, Standard No. 5--``Volatile Organic Compounds,'' and Regulation 61-62.5, Standard No. 5.2--``Control of Oxides of Nitrogen (NOX ).'' 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 revisions 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 final rule and informing the public that the rule would not take effect. EPA specified, however, that if a comment were received on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. 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 one adverse comment from a single Commenter on the portion of the direct finale rule that made changes to Regulation 61- 62.5, Standard No. 5.2 only. As a result of the comment received, EPA is withdrawing only the portion of the direct final rule approving changes to the South Carolina SIP at Regulation 61-62.5, Standard No. 5.2, as submitted in the October 1, 2007, SIP revision. The EPA will address the comment in a separate final action based on the proposed action also published on August 16, 2017 (82 FR 38865). EPA will not open a second comment period for this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Volatile organic compounds. Dated: September 29, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. 0 Accordingly, the amendments to 40 CFR 52.2120(c) at Regulation 62.5, Standard No. 5.2 (amendatory instruction 2.b) published on August 16, 2017 (82 FR 38825), which were to become effective October 16, 2017, are withdrawn. [FR Doc. 2017-22122 Filed 10-12-17; 8:45 am] BILLING CODE 6560-50-P
![47634 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION Further, EPA explained that the Agency ENVIRONMENTAL PROTECTION
AGENCY was publishing a separate document in AGENCY
the proposed rules section of the
40 CFR Part 52 Federal Register to serve as the proposal 40 CFR Part 52
[EPA–R04–OAR–2017–0388; FRL–9969–31– to approve the SIP revisions should an [EPA–R04–OAR–2007–0085; FRL–9969–33–
Region 4] adverse comment be filed. EPA also Region 4]
noted that the rule would be effective
Air Plan Approval: South Carolina; generally 30 days after the close of the Air Plan Approval; North Carolina; Air
Standards for Volatile Organic public comment period, without further Curtain Burners
Compounds and Oxides of Nitrogen notice unless the Agency received AGENCY: Environmental Protection
AGENCY: Environmental Protection adverse comment by the close of the Agency (EPA).
Agency (EPA). public comment period. EPA explained ACTION: Withdrawal of direct final rule.
ACTION: Withdrawal of direct final rule.
that if the Agency received such
comments, then EPA would publish a SUMMARY: Due to receipt of an adverse
SUMMARY: Due to the receipt of an document withdrawing the final rule comment, the Environmental Protection
adverse comment, the Environmental and informing the public that the rule Agency (EPA) is withdrawing the
Protection Agency (EPA) is withdrawing would not take effect. EPA specified, August 17, 2017, direct final rule that
a portion of the August 16, 2017, direct however, that if a comment were approves portions of North Carolina
final rule that approves changes to received on an amendment, paragraph, State Implementation Plan (SIP)
South Carolina’s state implementation or section of this rule and if that revisions related to changes to an air
plan (SIP) related to the regulation of provision may be severed from the curtain burner regulation. EPA stated in
volatile organic compounds (VOC) and remainder of the rule, EPA may adopt the direct final rules that if EPA
oxides of nitrogen (NOX). EPA will as final those provisions of the rule that received adverse comments by the close
address the comment in a separate final are not the subject of an adverse of the public comment period, the rules
action based upon the proposed comment. It was also explained that all would be withdrawn and not take effect.
rulemaking action, also published on public comments received would then EPA will address the comment in a
August 16, 2017. EPA will not institute be addressed in a subsequent final rule subsequent final action based upon the
a second comment period on this action. based on the proposed rule, and that proposed rulemaking action, also
DATES: The amendment to 40 CFR EPA would not institute a second published on August 17, 2017.
52.2120(c) at Regulation 62.5, Standard comment period on this action. DATES: The direct final rule published
No. 5.2 (amendatory instruction 2.b) August 17, 2017 at 82 FR 39027 is
EPA received one adverse comment
published at 82 FR 38828, on August 16, withdrawn, effective October 13, 2017.
2017, is withdrawn, effective October from a single Commenter on the portion
FOR FURTHER INFORMATION CONTACT:
13, 2017. of the direct finale rule that made
changes to Regulation 61–62.5, Standard Nacosta C. Ward, Air Regulatory
FOR FURTHER INFORMATION CONTACT: Management Section, Air Planning and
No. 5.2 only. As a result of the comment
D. Brad Akers, Air Regulatory Implementation Branch, Air, Pesticides
received, EPA is withdrawing only the
Management Section, Air Planning and and Toxics Management Division, U.S.
portion of the direct final rule approving
Implementation Branch, Air, Pesticides Environmental Protection Agency,
changes to the South Carolina SIP at
and Toxics Management Division, U.S. Region 4, 61 Forsyth Street SW.,
Environmental Protection Agency, Regulation 61–62.5, Standard No. 5.2, as Atlanta, Georgia 30303–8960. Ms. Ward
Region 4, 61 Forsyth Street SW., submitted in the October 1, 2007, SIP can be reached via telephone at (404)
Atlanta, Georgia 30303–8960. Mr. Akers revision. The EPA will address the 562–9140, or via electronic mail at
can be reached via telephone at (404) comment in a separate final action ward.nacosta@epa.gov.
562–9089 or via electronic mail at based on the proposed action also
SUPPLEMENTARY INFORMATION: On August
akers.brad@epa.gov. published on August 16, 2017 (82 FR
17, 2017 (82 FR 39027), EPA published
SUPPLEMENTARY INFORMATION: On August
38865). EPA will not open a second a direct final rulemaking approving
16, 2017 (82 FR 38825), EPA published comment period for this action. portions of SIP revisions submitted by
a direct final rule approving portions of List of Subjects in 40 CFR Part 52 State of North Carolina through the
several SIP revisions submitted by the North Carolina Department of
State of South Carolina, through the Environmental protection, Air Environmental Quality (formerly the
South Carolina Department of Health pollution control, Incorporation by North Carolina Department of
and Environmental Control, on October reference, Nitrogen dioxide, Volatile Environment and Natural Resources),
1, 2007, June 17, 2013, and January 20, organic compounds. Division of Air Quality. Specifically,
2016. EPA took a direct final action to Dated: September 29, 2017. EPA took direct final action to approve
approve portions of the October 1, 2007, portions of North Carolina’s October 14,
Onis ‘‘Trey’’ Glenn, III,
June 17, 2013, and January 20, 2016, 2004, March 24, 2006, and January 31,
submissions that made changes to Regional Administrator, Region 4. 2008 submissions that make changes to
Regulation 61–62.5, Standard No. 5— ■ Accordingly, the amendments to 40 Regulation 15A NCAC Subchapter 2D—
‘‘Volatile Organic Compounds,’’ and Air Pollution Control Requirements,
CFR 52.2120(c) at Regulation 62.5,
Regulation 61–62.5, Standard No. 5.2— Section .1904, Air Curtain Burners.
Standard No. 5.2 (amendatory
‘‘Control of Oxides of Nitrogen (NOX).’’ These SIP revisions were submitted to
nlaroche on DSK9F9SC42PROD with RULES
instruction 2.b) published on August 16,
In the direct final rule, EPA explained make changes to the requirements for
that the Agency was publishing the rule 2017 (82 FR 38825), which were to permits obtained for air curtain burners
without prior proposal because the become effective October 16, 2017, are as defined by 40 CFR 60.2245 through
Agency viewed the submittal as a non- withdrawn. 60.2265, permanent burning sites or
controversial SIP amendment and [FR Doc. 2017–22122 Filed 10–12–17; 8:45 am] materials transported from burning site
anticipated no adverse comments. BILLING CODE 6560–50–P to burning site; make clarifications to
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Document Created: 2017-10-13 04:33:07
Document Modified: 2017-10-13 04:33:07
| 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 amendment to 40 CFR 52.2120(c) at Regulation 62.5, Standard No. 5.2 (amendatory instruction 2.b) published at 82 FR 38828, on August 16, 2017, is withdrawn, effective October 13, 2017. | |
| Contact | D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 47634 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide and Volatile Organic Compounds |
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