[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2017, is withdrawn effective December 11, 2017.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]
 BILLING CODE 6560-50-P