[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58115-58116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26633]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0500; FRL-9971-72-Region 4]
Air Plan Approval; Florida; Stationary Sources Emissions
Monitoring; Withdrawal
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 the October 13, 2017, direct
final rule that would have approved changes to the Florida Department
of Environmental Protection (FDEP) State Implementation Plan (SIP) to
revise Florida's requirements and procedures for emissions monitoring
at stationary sources. EPA will address the comment in a separate final
action based upon the proposed rulemaking action, also published on
October 13, 2017.
DATES: The direct final rule published at 82 FR 47636, on October 13,
2017, is withdrawn effective December 11, 2017.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. Mr. Febres can be reached via telephone at (404) 562-8966
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On October 13, 2017 (82 FR 47636), EPA
published a direct final rule approving a portion of a SIP revision
submitted by the State of Florida, through FDEP on February 1, 2017,
for the purpose of revising Florida's requirements and procedures for
emissions monitoring at stationary sources. Florida's February 1, 2017,
SIP submittal included amendments to three Florida Administrative Code
(F.A.C.) rule sections, as well as the removal of one F.A.C. rule
section from the Florida SIP in order to eliminate redundant language
and make updates to the requirements for emissions monitoring at
stationary sources. Additionally, the October 13, 2017, direct final
rule included a correction to remove an additional F.A.C. rule that was
previously approved for removal from the SIP in a separate action but
was never removed.
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
[[Page 58116]]
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 changes. EPA will address the comment in a separate
final action based on the proposed action also published on October 13,
2017 (82 FR 47662). In addition, because information in the docket was
not fully accessible to the public during the initial comment period,
in a separate action EPA will reopen the comment period for the
proposed rule.
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: November 21, 2017.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
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Accordingly, the amendment to 40 CFR 52.520(c) published on October 13,
2017 (82 FR 47636), is withdrawn effective December 11, 2017.
[FR Doc. 2017-26633 Filed 12-8-17; 8:45 am]
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