[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47634-47635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22101]



40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9969-33-Region 4]

Air Plan Approval; North Carolina; Air Curtain Burners

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.


SUMMARY: Due to receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the August 17, 2017, direct 
final rule that approves portions of North Carolina State 
Implementation Plan (SIP) revisions related to changes to an air 
curtain burner regulation. EPA stated in the direct final rules that if 
EPA received adverse comments by the close of the public comment 
period, the rules would be withdrawn and not take effect. EPA will 
address the comment in a subsequent final action based upon the 
proposed rulemaking action, also published on August 17, 2017.

DATES: The direct final rule published August 17, 2017 at 82 FR 39027 
is withdrawn, effective October 13, 2017.

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. Ms. Ward can be reached via telephone at (404) 562-9140, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 17, 2017 (82 FR 39027), EPA 
published a direct final rulemaking approving portions of SIP revisions 
submitted by State of North Carolina through the North Carolina 
Department of Environmental Quality (formerly the North Carolina 
Department of Environment and Natural Resources), Division of Air 
Quality. Specifically, EPA took direct final action to approve portions 
of North Carolina's October 14, 2004, March 24, 2006, and January 31, 
2008 submissions that make changes to Regulation 15A NCAC Subchapter 
2D--Air Pollution Control Requirements, Section .1904, Air Curtain 
Burners. These SIP revisions were submitted to make changes to the 
requirements for permits obtained for air curtain burners as defined by 
40 CFR 60.2245 through 60.2265, permanent burning sites or materials 
transported from burning site to burning site; make clarifications to

[[Page 47635]]

existing text regarding air quality forecast areas in order to address 
all pollutants instead of only ozone; and expand the scope of the types 
of air curtain burners for which air quality permits must be issued.
    In the direct final rulemaking, 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 (see 82 FR 39097). 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 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 one adverse comment from a single Commenter on the 
aforementioned rule. As a result of the comment received, EPA is 
withdrawing the direct final rule approving the aforementioned changes 
to the North Carolina SIP. If EPA determines that it is appropriate to 
finalize the proposed approval of the aforementioned changes to the 
North Carolina SIP, EPA will publish a final rule which will include a 
response to the comments received. In the event that EPA determines 
that it is not appropriate to finalize the proposed approval related to 
these changes, EPA may issue a subsequent proposal with a different 
course of action.

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: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.


Accordingly, the amendment to 40 CFR 52.1770(c), Table 1, published 
August 17, 2017 (82 FR 39027), is withdrawn effective October 13, 2017.

[FR Doc. 2017-22101 Filed 10-12-17; 8:45 am]