[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Page 47636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22120]



[[Page 47636]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0387; FRL-9969-41-Region 4]


Air Plan Approval: South Carolina; Miscellaneous Revisions to 
Multiple Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing portions of the August 21, 2017, 
direct final rule that approves changes to South Carolina's state 
implementation plan (SIP) related to definitions and open burning. EPA 
will address the comment in a separate final action based upon the 
proposed rulemaking action, also published on August 21, 2017. EPA will 
not institute a second comment period on this action.

DATES: The amendments to 40 CFR 52.2120(c) at Regulation 62.1 and 
Regulation No. 62.2 (amendatory instructions 2.A and B.) published at 
82 FR 39537, on August 21, 2017, are withdrawn, effective October 13, 
2017.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 21, 2017 (82 FR 39537), EPA 
published a direct final rule approving portions of several SIP 
revisions submitted by the State of South Carolina, through the South 
Carolina Department of Health and Environmental Control, on July 18, 
2011, June 17, 2013, April 10, 2014, August 8, 2014, January 20, 2016, 
and July 27, 2016. EPA took a direct final action to approve portions 
of the July 18, 2011, June 17, 2013, April 10, 2014, August 8, 2014, 
January 20, 2016, and July 27, 2016, submissions that made changes to 
Regulation 61-62.1, Section I--``Definitions,'' and Regulation 61-
62.2--``Prohibition of Open Burning,'' among other changes.
    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 final rule and informing the public that the rule would 
not take effect. EPA specified, however, that if a comment were 
received on an amendment, paragraph, or section of this rule and if 
that provision may be severed from the remainder of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment. 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 
portions of the direct final rule that made changes to Regulation 61-
62.1, Section I and Regulation 61-62.2 only. As a result of the comment 
received, EPA is withdrawing only the portions of the direct final rule 
approving changes to the South Carolina SIP at Regulation 61-62.1, 
Section I, as submitted in the July 18, 2011, June 17, 2013, April 10, 
2014, and July 27, 2016, SIP revision, and Regulation 61-62.2, as 
submitted in the April 10, 2014, SIP revision. EPA will address the 
comment in a separate final action based on the proposed action also 
published on August 21, 2017 (82 FR 39551). 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, 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.


0
Accordingly, the amendments to 40 CFR 52.2120(c) at Regulation 62.1 and 
Regulation No. 62.2 (amendatory instructions 2.A and B.) published on 
August 21, 2017 (82 FR 39541), which were to become effective October 
20, 2017, are withdrawn.

[FR Doc. 2017-22120 Filed 10-12-17; 8:45 am]
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