83_FR_990 83 FR 984 - Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program; Withdrawal of Direct Final Rule

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)

Page Range984-985
FR Document2018-00134

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.

Federal Register, Volume 83 Issue 6 (Tuesday, January 9, 2018)
[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]


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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52655), and is withdrawn effective January 9, 2018.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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionWithdrawal of direct final rule.
DatesThe direct final rule was published on November 14, 2017 (82 FR 52655), and is withdrawn effective January 9, 2018.
ContactAriel 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 Citation83 FR 984 
CFR AssociatedEnvironmental 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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