[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47397-47398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21940]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0371; FRL-9969-22--Region 4]
Air Plan Approval; Alabama: PSD Replacement Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: Due to the receipt of adverse comments, the Environmental
Protection Agency (EPA) is withdrawing the August 24, 2017, direct
final rule that approves an Alabama state implementation plan (SIP)
revision related to the Prevention of Significant Deterioration (PSD)
permitting regulations. EPA will address the comments in a subsequent
final action based upon the proposed rulemaking action, also published
on August 24, 2017. EPA will not institute a second comment period on
this action.
DATES: The direct final rule published at 82 FR 40072, on August 24,
2017, is withdrawn, effective October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. The telephone number is (404) 562-8966. Ms. Sheckler can
also be reached via electronic mail at [email protected].
[[Page 47398]]
SUPPLEMENTARY INFORMATION: On August 24, 2017 (82 FR 40072), EPA
published a direct final rule approving a SIP revision submitted by the
State of Alabama, through the Alabama Department of Environmental
Management (ADEM). EPA took a direct final action to approve the
portions of the May 7, 2012, submission that made changes to ADEM
Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing
Construction in Clean Air Areas [Prevention of Significant
Deterioration Permitting (PSD)].'' In particular, the revision adds a
definition of ``replacement unit'' and provides that a replacement unit
is a type of existing unit under the definition of ``emissions unit,''
consistent with Federal regulations.
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 direct final rule and informing the public that the
rule would not take effect. 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 two adverse comments on the aforementioned rule. As a
result of these comments received, EPA is withdrawing the direct final
rule approving the aforementioned changes to the Alabama SIPs. EPA will
address the comments in a separate final action based on the proposed
action also published on August 24, 2017 (82 FR 40085). 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, Intergovernmental relations, 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.
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Accordingly, the amendments to 40 CFR 52.50(c) published on August 24,
2017 (82 FR 40072), which was to become effective October 23, 2017, is
withdrawn.
[FR Doc. 2017-21940 Filed 10-11-17; 8:45 am]
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