[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Rules and Regulations]
[Pages 70121-70122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28329]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1102; EPA-R05-OAR-2008-0782; FRL-9753-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; PBR and PTIO

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the approval of certain terms that were not meant to be 
approved, EPA is withdrawing the October 1, 2012 direct final rule 
approving a revision to the Ohio State Implementation Plan (SIP). EPA 
will address the revision in a subsequent final action based upon the 
proposed rulemaking action, which was also published on October 1, 
2012. EPA does not expect to institute a second comment period on this 
action.

DATES: The direct final rule published at 77 FR 59751 on October 1, 
2012, is withdrawn as of November 23, 2012.

FOR FURTHER INFORMATION CONTACT: Kaushal Gupta, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6803, [email protected].

SUPPLEMENTARY INFORMATION: EPA is withdrawing the October 1, 2012 
direct final rule (77 FR 59751) approving six Permit-by-Rule (PBR) 
provisions, a Permit to Install and Operate (PTIO) program, two 
permanent exemptions from the Permit to Install (PTI) requirement and a 
general permit program as additions to Ohio's SIP. After publication of 
the direct final rule, it came to EPA's attention that the following 
had been inadvertently included in the rulemaking action:
     The SIP revision classified municipal incinerators capable 
of charging more than 250 tons of refuse per day as having a major 
stationary source emission threshold of 100 tons per year or more. Ohio 
Administrative Code (OAC) 3745-31-01(LLL)(2)(ix).
     The SIP revision allowed Director's discretion for 
complying with the public participation notification requirements for 
Federal Land Managers. OAC 3745-31-06(H)(2)(d).
     The SIP revision allowed Director's discretion and 
specific exemptions with regard to preconstruction activities. OAC 
3745-31-33.
    EPA did not intend to act on the above provisions when approving 
the PBR and PTIO rules and is therefore withdrawing the direct final 
rule. EPA will publish a subsequent final action based upon the 
proposed rulemaking action, also published on October 1, 2012 (77 FR 
59879), that excludes the above provisions. EPA does not expect to 
institute a second comment period on this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 8, 2012.
Susan Hedman,
Regional Administrator, Region 5.


[[Page 70122]]



PART 52---[AMENDED]

    Accordingly, the amendments to 40 CFR 52.1870 published in the 
Federal Register on October 1, 2012 (77 FR 59751) on pages 59754-59755 
are withdrawn as of November 23, 2012.

[FR Doc. 2012-28329 Filed 11-21-12; 8:45 am]
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