[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Page 19495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07666]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0028; FRL-9944-56-Region 9]
Approval of Air Plan Revisions; Arizona; Rescissions and
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: Due to the receipt of adverse comments, the Environmental
Protection Agency (EPA) is withdrawing a portion of the February 11,
2016 direct final rule approving certain revisions to the Arizona State
Implementation Plan (SIP) and correcting certain errors. The adverse
comments relate to a particular test method and thus the EPA is
withdrawing the portion of the direct final rule that relates to the
test methods that include the test method for which the adverse
comments were received.
DATES: The addition of paragraph (c)(29)(i)(B) published on February
11, 2016 at 81 FR 7214 is withdrawn, effective April 5, 2016.
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415)
947-4115, [email protected].
SUPPLEMENTARY INFORMATION: On February 11, 2016, the EPA published a
direct final rule approving a SIP revision submitted by the Arizona
Department of Environmental Quality (ADEQ). In the February 11, 2016
direct final rule, the EPA also corrected certain errors in previous
actions on prior revisions to the Arizona SIP and to make certain other
corrections. In the direct final rule, the EPA stated that if adverse
comments were received by March 14, 2016, the EPA would publish a
timely withdrawal and address the comments in a subsequent final rule
based on the proposed rule also published on February 11, 2016 (81 FR
7259). The February 11, 2016 proposed rule indicated that if the EPA
receives adverse comment on an amendment, paragraph, or section of the
direct final rule and if that provision may be severed from the
remainder of the rule, the EPA may adopt as final those provisions of
the rule that are not the subject of an adverse comment.
In this instance, the EPA received adverse comments on a certain
test method for which the EPA had approved rescission. The relevant
test method was included in a SIP revision submitted by ADEQ on January
23, 1979 that also included a number of other test methods and certain
performance test specifications, all of which were approved by the EPA
at 47 FR 17483 (April 23, 1982). The EPA's approval of the test methods
and performance test specifications submitted on January 23, 1979 and
approved on April 23, 1982 was codified at 40 CFR 52.120(c)(29)(i)(A).
The EPA's action on the rescission of the test methods and
performance test specifications submitted on January 23, 1979 and
approved on April 23, 1982 is severable from the rest of the direct
final rule. Thus, the EPA is withdrawing only the portion of the direct
final rule related to those test methods and performance test
specifications. The EPA will address the comments in a separate final
action covering the state's rescission of the test methods and
performance test specifications submitted on January 23, 1979 (and
approved on April 23, 1982) based on the proposed action published on
February 11, 2016 (81 FR 7259). The EPA will not open a second comment
period for the action on the state's rescissions of the test methods
and performance test specifications. The other actions in the February
11, 2016 Federal Register direct final rule are not affected.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: March 24, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
Accordingly, the addition of paragraph (c)(29)(i)(B) which was
published in the Federal Register on February 11, 2016 (81 FR 7209) on
page 7214 is withdrawn as of April 5, 2016.
[FR Doc. 2016-07666 Filed 4-4-16; 8:45 am]
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