82 FR 47636 - Air Plan Approval: South Carolina; Miscellaneous Revisions to Multiple Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 197 (October 13, 2017)
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47636-47636 | |
| FR Document | 2017-22120 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Rules and Regulations] [Page 47636] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22120] [[Page 47636]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0387; FRL-9969-41-Region 4] Air Plan Approval: South Carolina; Miscellaneous Revisions to Multiple Rules 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 portions of the August 21, 2017, direct final rule that approves changes to South Carolina's state implementation plan (SIP) related to definitions and open burning. EPA will address the comment in a separate final action based upon the proposed rulemaking action, also published on August 21, 2017. EPA will not institute a second comment period on this action. DATES: The amendments to 40 CFR 52.2120(c) at Regulation 62.1 and Regulation No. 62.2 (amendatory instructions 2.A and B.) published at 82 FR 39537, on August 21, 2017, are withdrawn, effective October 13, 2017.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 akers.brad@epa.gov. SUPPLEMENTARY INFORMATION: On August 21, 2017 (82 FR 39537), 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 July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016. EPA took a direct final action to approve portions of the July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, and July 27, 2016, submissions that made changes to Regulation 61-62.1, Section I--``Definitions,'' and Regulation 61- 62.2--``Prohibition of Open Burning,'' among other changes. 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 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 portions of the direct final rule that made changes to Regulation 61- 62.1, Section I and Regulation 61-62.2 only. As a result of the comment received, EPA is withdrawing only the portions of the direct final rule approving changes to the South Carolina SIP at Regulation 61-62.1, Section I, as submitted in the July 18, 2011, June 17, 2013, April 10, 2014, and July 27, 2016, SIP revision, and Regulation 61-62.2, as submitted in the April 10, 2014, SIP revision. EPA will address the comment in a separate final action based on the proposed action also published on August 21, 2017 (82 FR 39551). 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, 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 52.2120(c) at Regulation 62.1 and Regulation No. 62.2 (amendatory instructions 2.A and B.) published on August 21, 2017 (82 FR 39541), which were to become effective October 20, 2017, are withdrawn. [FR Doc. 2017-22120 Filed 10-12-17; 8:45 am] BILLING CODE 6560-50-P
![47636 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION anticipated no adverse comments. were to become effective October 20,
AGENCY Further, EPA explained that the Agency 2017, are withdrawn.
was publishing a separate document in [FR Doc. 2017–22120 Filed 10–12–17; 8:45 am]
40 CFR Part 52 the proposed rules section of the BILLING CODE 6560–50–P
[EPA–R04–OAR–2017–0387; FRL–9969–41–
Federal Register to serve as the proposal
Region 4] to approve the SIP revision should an
adverse comment be filed. EPA also ENVIRONMENTAL PROTECTION
Air Plan Approval: South Carolina; noted that the rule would be effective AGENCY
Miscellaneous Revisions to Multiple generally 30 days after the close of the
Rules public comment period, without further 40 CFR Part 52
notice unless the Agency received
AGENCY: Environmental Protection [EPA–R04–OAR–2017–0500; FRL–9969–39–
adverse comment by the close of the Region 4]
Agency (EPA). public comment period. EPA explained
ACTION: Withdrawal of direct final rule. that if the Agency received such Air Plan Approval; Florida; Stationary
comments, then EPA would publish a Sources Emissions Monitoring
SUMMARY: Due to the receipt of an document withdrawing the final rule
adverse comment, the Environmental and informing the public that the rule AGENCY: Environmental Protection
Protection Agency (EPA) is withdrawing would not take effect. EPA specified, Agency (EPA).
portions of the August 21, 2017, direct however, that if a comment were ACTION: Direct final rule.
final rule that approves changes to received on an amendment, paragraph,
South Carolina’s state implementation or section of this rule and if that SUMMARY: The Environmental Protection
plan (SIP) related to definitions and provision may be severed from the Agency (EPA) is taking direct final
open burning. EPA will address the remainder of the rule, EPA may adopt action to approve a portion of a State
comment in a separate final action as final those provisions of the rule that Implementation Plan (SIP) revision
based upon the proposed rulemaking are not the subject of an adverse submitted by the State of Florida,
action, also published on August 21, comment. It was also explained that all through the Florida Department of
2017. EPA will not institute a second public comments received would then Environmental Protection (FDEP) on
comment period on this action. be addressed in a subsequent final rule February 1, 2017, for the purpose of
DATES: The amendments to 40 CFR based on the proposed rule, and that revising Florida’s requirements and
52.2120(c) at Regulation 62.1 and EPA would not institute a second procedures for emissions monitoring at
Regulation No. 62.2 (amendatory comment period on this action. stationary sources. Florida’s February 1,
instructions 2.A and B.) published at 82 EPA received one adverse comment 2017, SIP submittal includes
FR 39537, on August 21, 2017, are from a single Commenter on the amendments to three Florida
withdrawn, effective October 13, 2017. portions of the direct final rule that Administrative Code (F.A.C.) rule
FOR FURTHER INFORMATION CONTACT: made changes to Regulation 61–62.1, sections, as well as the removal of one
D. Brad Akers, Air Regulatory Section I and Regulation 61–62.2 only. F.A.C. rule section from the Florida SIP
Management Section, Air Planning and As a result of the comment received, in order to eliminate redundant
Implementation Branch, Air, Pesticides EPA is withdrawing only the portions of language and make updates to the
and Toxics Management Division, U.S. the direct final rule approving changes requirements for emissions monitoring
Environmental Protection Agency, to the South Carolina SIP at Regulation at stationary sources. Additionally, this
Region 4, 61 Forsyth Street SW., 61–62.1, Section I, as submitted in the action includes a correction to remove
Atlanta, Georgia 30303–8960. Mr. Akers July 18, 2011, June 17, 2013, April 10, an additional F.A.C. rule that was
can be reached via telephone at (404) 2014, and July 27, 2016, SIP revision, previously approved for removal from
562–9089 or via electronic mail at and Regulation 61–62.2, as submitted in the SIP in a separate action but was
akers.brad@epa.gov. the April 10, 2014, SIP revision. EPA never removed. EPA is taking action on
will address the comment in a separate Florida’s February 1, 2017, SIP
SUPPLEMENTARY INFORMATION: On August
final action based on the proposed submittal as a direct final rule without
21, 2017 (82 FR 39537), EPA published action also published on August 21, prior proposal because the Agency
a direct final rule approving portions of 2017 (82 FR 39551). EPA will not open views this as a noncontroversial
several SIP revisions submitted by the a second comment period for this submittal and anticipates no adverse
State of South Carolina, through the action. comments. This action is being taken
South Carolina Department of Health pursuant to the Clean Air Act (CAA or
and Environmental Control, on July 18, List of Subjects in 40 CFR Part 52
Act).
2011, June 17, 2013, April 10, 2014, Environmental protection, Air DATES: This direct final rule is effective
August 8, 2014, January 20, 2016, and pollution control, Carbon monoxide,
July 27, 2016. EPA took a direct final December 12, 2017 without further
Incorporation by reference, Lead, notice, unless EPA receives adverse
action to approve portions of the July Nitrogen dioxide, Ozone, Particulate
18, 2011, June 17, 2013, April 10, 2014, comment by November 13, 2017. If EPA
matter, Reporting and recordkeeping receives such comments, it will publish
August 8, 2014, January 20, 2016, and requirements, Sulfur oxides, Volatile
July 27, 2016, submissions that made a timely withdrawal of the direct final
organic compounds. rule in the Federal Register and inform
changes to Regulation 61–62.1, Section
Dated: September 29, 2017. the public that the rule will not take
I—‘‘Definitions,’’ and Regulation 61–
62.2—‘‘Prohibition of Open Burning,’’ Onis ‘‘Trey’’ Glenn, III, effect.
nlaroche on DSK9F9SC42PROD with RULES
among other changes. Regional Administrator, Region 4. ADDRESSES: Submit your comments,
In the direct final rule, EPA explained ■ Accordingly, the amendments to 40 identified by Docket ID No. EPA–R04–
that the Agency was publishing the rule CFR 52.2120(c) at Regulation 62.1 and OAR–2017–0500 at http://
without prior proposal because the Regulation No. 62.2 (amendatory www.regulations.gov. Follow the online
Agency viewed the submittal as a non- instructions 2.A and B.) published on instructions for submitting comments.
controversial SIP amendment and August 21, 2017 (82 FR 39541), which Once submitted, comments cannot be
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Document Created: 2017-10-13 04:33:34
Document Modified: 2017-10-13 04:33:34
| 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 amendments to 40 CFR 52.2120(c) at Regulation 62.1 and Regulation No. 62.2 (amendatory instructions 2.A and B.) published at 82 FR 39537, on August 21, 2017, are 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 47636 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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