[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Rules and Regulations]
[Page 10851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03590]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 123

[EPA-HQ-OW-2022-0834; FRL-10123-05-OW]
RIN 2040-AG27


NPDES Small MS4 Urbanized Area Clarification; Withdrawal of 
Direct Final Rule

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 direct final rule ``NPDES 
Small MS4 Urbanized Area Clarification,'' published on December 2, 
2022.

DATES: Effective February 22, 2023, the EPA withdraws the direct final 
rule published at 87 FR 73965, on December 2, 2022.

FOR FURTHER INFORMATION CONTACT: Heather Huddle, Water Permits Division 
(MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20004; telephone number: (202) 564-7932; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: On December 2, 2022, the EPA published a 
direct final rule (87 FR 73965). We stated in that direct final rule 
that if we received adverse comment by January 3, 2023 (extended to 
January 18, 2023 (87 FR 80079, December 29, 2022)), the direct final 
rule would not take effect and we would publish a timely withdrawal in 
the Federal Register. Because the EPA subsequently received adverse 
comment on that direct final rule, we are withdrawing the direct final 
rule.
    The EPA published a parallel proposed rule on the same day (87 FR 
74066, December 2, 2022) as the direct final rule, which proposed the 
same rule changes as the direct final rule. The proposed rule invited 
comment on the substance of these rule changes. The EPA will respond to 
comments as part of any final action it takes on the parallel proposed 
rule. As stated in the direct final rule and the parallel proposed 
rule, we will not institute a second comment period on this action.

List of Subjects

40 CFR Part 122

    Environmental protection, Stormwater, Water pollution.

40 CFR Part 123

    Environmental protection, Stormwater, Water pollution.

Michael S. Regan,
Administrator.

0
Accordingly, as of February 22, 2023, the EPA withdraws the direct 
final rule amending 40 CFR parts 122 and 123, which published at 87 FR 
73965, on December 2, 2022.
[FR Doc. 2023-03590 Filed 2-21-23; 8:45 am]
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