[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Page 36335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16492]



40 CFR Part 62

[EPA-R08-OAR-2017-0171; FRL-9965-78-Region 8]

Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Colorado, Montana, North Dakota, South 
Dakota, Utah, and Wyoming; Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a 
direct final rule published on June 5, 2017, because one adverse 
comment was received during the public comment period. The withdrawn 
rule pertained to the EPA's receipt and approval of 20 negative 
declaration letters from EPA Region 8 states. These letters of negative 
declaration are statements by the state certifying the absence of 
designated facilities of a certain solid waste incinerator category or 
class within its jurisdiction, which obviates the statutory requirement 
for the state to develop a Clean Air Act (CAA) section 111(d)/129 State 
plan for the regulation of designated facilities of that particular 
category or class.

DATES: Effective August 3, 2017, the direct final rule published at 82 
FR 25734, June 5, 2017 is withdrawn.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, (303) 312-6396, 
[email protected].

SUPPLEMENTARY INFORMATION: On June 5, 2017, the EPA published a direct 
final rule (82 FR 25734) approving several negative declarations 
submitted by Region 8 states, certifying the absence of designated 
facilities regulated under various Emissions Guidelines found in 40 CFR 
part 60. The promulgation of each negative declaration was to serve in 
lieu of a CAA section 111(d)/129 State plan, given the declared absence 
of facilities that would require such a State plan. The direct final 
rule was published without prior proposal because the EPA anticipated 
no adverse comments on a noncontroversial action. The direct final rule 
stated that if the action received adverse comment on or before July 5, 
2017, the EPA would publish a timely withdrawal in the Federal 
Register. The EPA received one adverse comment and is accordingly 
withdrawing the direct final rule. In a separate, subsequent final 
rulemaking action, the EPA will address the comment received.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial industrial solid waste incineration, 
Intergovernmental relations, Municipal solid waste combustion, Other 
solid waste incineration, Reporting and recordkeeping requirements.

    Dated: July 28, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

Accordingly, the amendments to 40 CFR part 62, subpart G, subpart BB, 
subpart JJ, subpart QQ, subpart TT, and subpart ZZ, published in the 
Federal Register on June 5, 2017 (82 FR 25734), are withdrawn as of 
August 3, 2017.

[FR Doc. 2017-16492 Filed 8-3-17; 8:45 am]