[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Rules and Regulations]
[Pages 31092-31093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8400]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[EPA-HQ-OAR-2004-0491; FRL-8176-3]
RIN 2060-AN60


PM2.5 De Minimis Emission Levels for General Conformity 
Applicability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comment, we are withdrawing the 
direct final rule amendments to the PM2.5 De Minimis 
Emission Levels for General Conformity Applicability, published in the 
Federal Register on April 5, 2006. We stated in the direct final rule 
amendments that if we received adverse comment by May 5, 2006, we would 
publish a timely notice of withdrawal in the Federal Register. We 
subsequently received adverse comment on the direct final rule 
amendments. We will address those comments in a subsequent final action 
based on the parallel proposal also published on April 5, 2006. As 
stated in the parallel proposal, we will not institute a second comment 
period on this action.

DATES: As of June 1, 2006, EPA withdraws the direct final rule 
amendments published on April 5, 2006 (71 FR 17003).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2004-0491. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at

[[Page 31093]]

Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, State and Local 
Programs Group (Code C539-01), Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-3037; fax number: (919) 541-0824; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Today's action applies to all Federal agencies and Federal 
activities.

II. Background Information

    On April 5, 2006, we published a direct final rule (71 FR 17003) 
and parallel proposal (71 FR 17047) amending the General Conformity 
rules. The amendments were to revise the tables in subparagraphs (b)(1) 
and (b)(2) of 40 CFR 51.853 and 40 CFR 93.153 by adding the de minimis 
emission levels for PM2.5. The direct final rule established 
100 tons per year as the de minimis emission level for direct 
PM2.5 and each of its precursors as defined in revised 
section 91.152. This action maintained our past policy of consistency 
between the conformity de minimis emission levels and the size of a 
major stationary source under the New Source Review program (70 FR 
65984). These levels are also consistent with the levels proposed for 
volatile organic compound (VOC) and Nitrogen Oxides (NOX) 
emissions in subpart 1 areas under the 8-hour ozone implementation 
strategy (68 FR 32843). We published the direct final rule without 
prior proposal because the Agency viewed this as a noncontroversial 
action and anticipated no adverse comments. However, in the proposed 
rules section of the April 5, 2006 Federal Register publication, EPA 
published a separate document to serve as the proposal should adverse 
comments be filed. This direct final rule would have become effective 
June 5, 2006, without further notice if the EPA had not received 
relevant adverse comments by May 5, 2006. The preamble to the direct 
final rule amendments stated that if we received adverse comment by May 
5, 2006, we would publish a timely notice of withdrawal in the Federal 
Register. EPA received adverse comment on the direct final rule 
amendments. Accordingly, we are withdrawing the direct final rule 
amendments as of June 1, 2006. EPA will take final action on the 
parallel proposal after considering the comments received. As stated in 
the parallel proposal, EPA will not institute a second comment period 
on this action.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 93

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: May 24, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.

PARTS 53 AND 91--[AMENDED]

0
Accordingly, the amendments to the rule published in the Federal 
Register on April 5, 2006 (71 FR 17003) on pages 17003--17009 are 
withdrawn as of June 1, 2006.
 [FR Doc. E6-8400 Filed 5-31-06; 8:45 am]
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