83 FR 984 - Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program; Withdrawal of Direct Final Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 6 (January 9, 2018)
Federal Register Volume 83, Issue 6 (January 9, 2018)
| Page Range | 984-985 | |
| FR Document | 2018-00134 |
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)] [Rules and Regulations] [Pages 984-985] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00134] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2009-0436; A-1-FRL-9972-87-Region 1] Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program; Withdrawal of Direct Final Rule 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 the November 14, 2017 direct final rule approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. Rhode Island's SIP revision updates the enhanced motor vehicle inspection and maintenance (I/M) program in Rhode Island. This action is being taken in accordance with the Clean Air Act. DATES: The direct final rule was published on November 14, 2017 (82 FR 52655), and is withdrawn effective January 9, 2018. FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone (617) 918-1660, facsimile (617) 918-0660, email garcia.ariel@epa.gov. SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if adverse comments were submitted by December 14, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment prior to the close of the comment period and, therefore, is withdrawing the direct final rule. EPA also published a proposed rule on November 14, 2017 (82 FR 52682), stating that written comments must be received on or before December 14, 2017. However, EPA will institute an extended comment period for this action by publishing a notice of data availability. 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, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. [[Page 985]] Dated: December 20, 2017. Ken Moraff, Acting Regional Administrator, EPA New England. PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 Accordingly, the amendments to 40 CFR 52.2070 published in the Federal Register on November 14, 2017 (82 FR 52655), on pages 52663-52664 are withdrawn effective January 9, 2018. [FR Doc. 2018-00134 Filed 1-8-18; 8:45 am] BILLING CODE 6560-50-P
![984 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations
methods, under Executive Order 12898 publication of the rule in the Federal Intergovernmental relations, Reporting
(59 FR 7629, February 16, 1994). Register. A major rule cannot take effect and recordkeeping requirements.
In addition, the SIP is not approved until 60 days after it is published in the Authority: 42 U.S.C. 7401 et seq.
to apply on any Indian reservation land Federal Register. This action is not a
or in any other area where the EPA or Dated: December 21, 2017.
‘‘major rule’’ as defined by 5 U.S.C.
an Indian tribe has demonstrated that a 804(2). Alexis Strauss,
tribe has jurisdiction. In those areas of Acting Regional Administrator, Region IX.
Under section 307(b)(1) of the Clean
Indian country, the rule does not have Chapter I, title 40 of the Code of
Air Act, petitions for judicial review of
tribal implications and will not impose Federal Regulations is amended as
this action must be filed in the United
substantial direct costs on tribal follows:
States Court of Appeals for the
governments or preempt tribal law as
appropriate circuit by March 12, 2018.
specified by Executive Order 13175 (65 PART 52—APPROVAL AND
Filing a petition for reconsideration by
FR 67249, November 9, 2000). PROMULGATION OF
The Congressional Review Act, 5 the Administrator of this final rule does
not affect the finality of this action for IMPLEMENTATION PLANS
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement the purposes of judicial review nor does
it extend the time within which a ■ 1. The authority citation for part 52
Fairness Act of 1996, generally provides continues to read as follows:
that before a rule may take effect, the petition for judicial review may be filed,
agency promulgating the rule must and shall not postpone the effectiveness Authority: 42 U.S.C. 7401 et seq.
submit a rule report, which includes a of such rule or action. This action may
not be challenged later in proceedings to Subpart DD—Nevada
copy of the rule, to each House of the
Congress and to the Comptroller General enforce its requirements. (See section
■ 2. Section 52.1470 in paragraph (c),
of the United States. The EPA will 307(b)(2)).
Table 7, is amended by revising the
submit a report containing this action List of Subjects in 40 CFR Part 52 entry for ‘‘040.095.’’to read as follows:
and other required information to the
U.S. Senate, the U.S. House of Environmental protection, Air § 52.1470 Identification of plan.
Representatives, and the Comptroller pollution control, Carbon monoxide, * * * * *
General of the United States prior to Incorporation by reference, (c) * * *
TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS
District citation Title/subject District effective date EPA approval date Additional explanation
* * * * * * *
040.095 ...................... Oxygen Content of 10/24/13 (amended) .. [Insert Federal Reg- Previously approved at 73 FR 38124
Motor Fuel. ister citation],. (7/3/08). Submitted on 3/28/14. Suspends
1/9/18 ......................... local motor fuel oxygenate requirement.
* * * * * * *
* * * * * revision updates the enhanced motor rule. EPA also published a proposed
[FR Doc. 2018–00027 Filed 1–8–18; 8:45 am] vehicle inspection and maintenance (I/ rule on November 14, 2017 (82 FR
BILLING CODE 6560–50–P M) program in Rhode Island. This action 52682), stating that written comments
is being taken in accordance with the must be received on or before December
Clean Air Act. 14, 2017. However, EPA will institute
ENVIRONMENTAL PROTECTION an extended comment period for this
DATES: The direct final rule was
AGENCY action by publishing a notice of data
published on November 14, 2017 (82 FR
40 CFR Part 52 52655), and is withdrawn effective availability.
January 9, 2018.
[EPA–R01–OAR–2009–0436; A–1–FRL– List of Subjects in 40 CFR Part 52
9972–87–Region 1] FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit, Environmental protection, Air
Air Plan Approval; Rhode Island; U.S. Environmental Protection Agency, pollution control, Carbon monoxide,
Enhanced Motor Vehicle Inspection New England Regional Office, 5 Post Incorporation by reference,
and Maintenance Program; Withdrawal Office Square—Suite 100, (Mail code Intergovernmental relations, Lead,
of Direct Final Rule OEP05–2), Boston, MA 02109–3912, Nitrogen dioxide, Ozone, Particulate
telephone (617) 918–1660, facsimile matter, Regional haze, Reporting and
AGENCY: Environmental Protection (617) 918–0660, email garcia.ariel@ recordkeeping requirements, Sulfur
Agency (EPA). epa.gov. oxides, Volatile organic compounds.
ACTION: Withdrawal of direct final rule.
SUPPLEMENTARY INFORMATION: In the
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY: Due to the receipt of an direct final rule, EPA stated that if
adverse comment, the Environmental adverse comments were submitted by
Protection Agency (EPA) is withdrawing December 14, 2017, the rule would be
the November 14, 2017 direct final rule withdrawn and not take effect. EPA
approving a State Implementation Plan received an adverse comment prior to
(SIP) revision submitted by the State of the close of the comment period and,
Rhode Island. Rhode Island’s SIP therefore, is withdrawing the direct final
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![Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 985
Dated: December 20, 2017. ADDRESSES: Submit your comments by Interested persons wanting to examine
Ken Moraff, one of the following methods: these documents should make an
Acting Regional Administrator, EPA New 1. Federal eRulemaking Portal: http:// appointment with the office at least two
England. www.regulations.gov. Follow the on-line weeks in advance.
instructions for submitting comments. FOR FURTHER INFORMATION CONTACT:
PART 52—APPROVAL AND 2. Email: lincoln.audray@epa.gov. Audray Lincoln, (214) 665–2239,
PROMULGATION OF 3. Mail: Audray Lincoln, Region 6, lincoln.audray@epa.gov. To inspect the
IMPLEMENTATION PLANS Project Officer, LUST Prevention/ hard copy materials, please schedule an
Corrective Action Section (6MM–XU), appointment with Audray Lincoln at
■ Accordingly, the amendments to 40 Multimedia Division, EPA Region 6, (214) 665–2239.
CFR 52.2070 published in the Federal 1445 Ross Avenue, Dallas, Texas 75202–
SUPPLEMENTARY INFORMATION:
Register on November 14, 2017 (82 FR 2733.
52655), on pages 52663–52664 are 4. Hand Delivery or Courier: Deliver I. Approval of Revisions to Oklahoma’s
withdrawn effective January 9, 2018. your comments to Audray Lincoln, Underground Storage Tank Program
[FR Doc. 2018–00134 Filed 1–8–18; 8:45 am] Region 6, Project Officer, LUST
A. Why are revisions to state programs
Prevention/Corrective Action Section
BILLING CODE 6560–50–P necessary?
(6MM–XU), Multimedia Division, EPA
Region 6, 1445 Ross Avenue, Dallas, States which have received final
ENVIRONMENTAL PROTECTION Texas 75202–2733. approval from the EPA under RCRA
AGENCY Instructions: Direct your comments to section 9004(b) of RCRA, 42 U.S.C.
Docket ID No. EPA–R06–UST–2017– 6991c(b), must maintain an
40 CFR Part 282 0504. EPA’s policy is that all comments underground storage tank program that
received will be included in the public is equivalent to, consistent with, and no
[EPA–R06–UST–2017–0504; FRL–9968–29— docket without change and may be less stringent than the Federal
Region 6] available online at http:// underground storage tank program.
www.regulations.gov, including any When EPA makes revisions to the
Oklahoma: Final Approval of State personal information provided, unless regulations that govern the UST
Underground Storage Tank Program the comment includes information program, states must revise their
Revisions and Incorporation by claimed to be Confidential Business programs to comply with the updated
Reference Information (CBI) or other information regulations and submit these revisions
whose disclosure is restricted by statute. to the EPA for approval. Changes to
AGENCY: Environmental Protection Do not submit information that you state UST programs may be necessary
Agency (EPA). consider to be CBI or otherwise when Federal or State statutory or
ACTION: Direct final rule. protected through http:// regulatory authority is modified or
www.regulations.gov, or email. The when certain other changes occur. Most
SUMMARY: Pursuant to the Resource Federal http://www.regulations.gov commonly, States must change their
Conservation and Recovery Act (RCRA website is an ‘‘anonymous access’’ programs because of changes to the
or Act), the Environmental Protection system, which means the EPA will not EPA’s regulations in 40 Code of Federal
Agency (EPA) is taking direct final know your identity or contact Regulations (CFR) part 280. States can
action to approve revisions to the State information unless you provide it in the also initiate changes on their own to
of Oklahoma’s Underground Storage body of your comment. If you send an their underground storage tank program
Tank (UST) program submitted by the email comment directly to the EPA and these changes must then be
State. EPA has determined that these without going through http:// approved by EPA.
revisions satisfy all requirements www.regulations.gov, your email
needed for program approval. This address will be automatically captured B. What decisions has the EPA made in
action also codifies EPA’s approval of and included as part of the comment this rule?
Oklahoma’s state program and that is placed in the public docket and On January 25, 2017, in accordance
incorporates by reference those made available on the internet. If you with 40 CFR 281.51(a), Oklahoma
provisions of the State regulations that submit an electronic comment, the EPA submitted a complete program revision
we have determined meet the recommends that you include your application seeking approval for its UST
requirements for approval. The name and other contact information in program revisions corresponding to the
provisions will be subject to EPA’s the body of your comment and with any EPA final rule published on July 15,
inspection and enforcement authorities disk or CD–ROM you submit. If the EPA 2015 (80 FR 41566) which finalized
under sections 9005 and 9006 of RCRA cannot read your comment due to revisions to the 1988 UST regulation
subtitle I and other applicable statutory technical difficulties, and cannot and to the 1988 state program approval
and regulatory provisions. contact you for clarification, the EPA (SPA) regulation. As required by 40 CFR
DATES: This rule is effective March 12, may not be able to consider your 281.20, the State submitted the
2018, unless EPA receives adverse comment. Electronic files should avoid following: A transmittal letter from the
comment by February 8, 2018. If EPA the use of special characters, any form Governor requesting approval, a
receives adverse comment, it will of encryption, and be free of any defects description of the program and
publish a timely withdrawal in the or viruses. operating procedures, a demonstration
Federal Register informing the public You can view and copy the of the State’s procedures to ensure
jstallworth on DSKBBY8HB2PROD with RULES
that the rule will not take effect. The documents that form the basis for this adequate enforcement, a Memorandum
incorporation by reference of certain codification and associated publicly of Agreement outlining the roles and
publications listed in the regulations is available materials from 8:30 a.m. to responsibilities of the EPA and the
approved by the Director of the Federal 4:00 p.m. Monday through Friday at the implementing agency, a statement of
Register, as of March 12, 2018, in following location: EPA Region 6, 1445 certification from the Attorney General,
accordance with 5 U.S.C. 552(a) and 1 Ross Avenue, Dallas, Texas 75202–2733, and copies of all relevant state statutes
CFR part 51. phone number (214) 665–2239. and regulations. We have reviewed the
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Document Created: 2018-01-09 02:18:56
Document Modified: 2018-01-09 02:18:56
| 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 was published on November 14, 2017 (82 FR 52655), and is withdrawn effective January 9, 2018. | |
| Contact | Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone (617) 918-1660, facsimile (617) 918-0660, email [email protected] | |
| FR Citation | 83 FR 984 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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