[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47397-47398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21940]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0371; FRL-9969-22--Region 4]


Air Plan Approval; Alabama: PSD Replacement Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: Due to the receipt of adverse comments, the Environmental 
Protection Agency (EPA) is withdrawing the August 24, 2017, direct 
final rule that approves an Alabama state implementation plan (SIP) 
revision related to the Prevention of Significant Deterioration (PSD) 
permitting regulations. EPA will address the comments in a subsequent 
final action based upon the proposed rulemaking action, also published 
on August 24, 2017. EPA will not institute a second comment period on 
this action.

DATES: The direct final rule published at 82 FR 40072, on August 24, 
2017, is withdrawn, effective October 12, 2017.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. The telephone number is (404) 562-8966. Ms. Sheckler can 
also be reached via electronic mail at [email protected].

[[Page 47398]]


SUPPLEMENTARY INFORMATION: On August 24, 2017 (82 FR 40072), EPA 
published a direct final rule approving a SIP revision submitted by the 
State of Alabama, through the Alabama Department of Environmental 
Management (ADEM). EPA took a direct final action to approve the 
portions of the May 7, 2012, submission that made changes to ADEM 
Administrative Code Rule 335-3-14-.04--``Air Permits Authorizing 
Construction in Clean Air Areas [Prevention of Significant 
Deterioration Permitting (PSD)].'' In particular, the revision adds a 
definition of ``replacement unit'' and provides that a replacement unit 
is a type of existing unit under the definition of ``emissions unit,'' 
consistent with Federal regulations.
    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 direct 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 two adverse comments on the aforementioned rule. As a 
result of these comments received, EPA is withdrawing the direct final 
rule approving the aforementioned changes to the Alabama SIPs. EPA will 
address the comments in a separate final action based on the proposed 
action also published on August 24, 2017 (82 FR 40085). 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, Intergovernmental relations, 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 52.50(c) published on August 24, 
2017 (82 FR 40072), which was to become effective October 23, 2017, is 
withdrawn.

[FR Doc. 2017-21940 Filed 10-11-17; 8:45 am]
 BILLING CODE 6560-50-P