[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22122]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0388; FRL-9969-31-Region 4]
Air Plan Approval: South Carolina; Standards for Volatile Organic
Compounds and Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing a portion of the August 16,
2017, direct final rule that approves changes to South Carolina's state
implementation plan (SIP) related to the regulation of volatile organic
compounds (VOC) and oxides of nitrogen (NOX). EPA will
address the comment in a separate final action based upon the proposed
rulemaking action, also published on August 16, 2017. EPA will not
institute a second comment period on this action.
DATES: The amendment to 40 CFR 52.2120(c) at Regulation 62.5, Standard
No. 5.2 (amendatory instruction 2.b) published at 82 FR 38828, on
August 16, 2017, is withdrawn, effective October 13, 2017.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 16, 2017 (82 FR 38825), 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 October 1,
2007, June 17, 2013, and January 20, 2016. EPA took a direct final
action to approve portions of the October 1, 2007, June 17, 2013, and
January 20, 2016, submissions that made changes to Regulation 61-62.5,
Standard No. 5--``Volatile Organic Compounds,'' and Regulation 61-62.5,
Standard No. 5.2--``Control of Oxides of Nitrogen (NOX).''
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 revisions 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
portion of the direct finale rule that made changes to Regulation 61-
62.5, Standard No. 5.2 only. As a result of the comment received, EPA
is withdrawing only the portion of the direct final rule approving
changes to the South Carolina SIP at Regulation 61-62.5, Standard No.
5.2, as submitted in the October 1, 2007, SIP revision. The EPA will
address the comment in a separate final action based on the proposed
action also published on August 16, 2017 (82 FR 38865). EPA will not
open a second comment period for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Volatile organic compounds.
Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
Accordingly, the amendments to 40 CFR 52.2120(c) at Regulation 62.5,
Standard No. 5.2 (amendatory instruction 2.b) published on August 16,
2017 (82 FR 38825), which were to become effective October 16, 2017,
[FR Doc. 2017-22122 Filed 10-12-17; 8:45 am]
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