41850 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 

EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS—Continued 

New York State regulation State 

effective date Latest EPA approval date Comments 

*******

Subpart 227–2, Reasonably 

Available Control Technology (RACT) For Major 

Facilities of Oxides of Nitrogen (NOX).

7/8/10 7/12/13 [Insert page number 

where the document begins].

SIP revisions submitted in accordance with § 227– 

2.3(c) are effective only if approved by EPA. 

* * * * * * * 

Part 241, Asphalt Pavement 

and Asphalt Based Surface 

Coating.

1/1/11 3/8/12, 77 FR 13974. 

* * * * * * * 

[FR Doc. 2013–16493 Filed 7–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0602; FRL–9831–6] 

Approval and Promulgation of 

Implementation Plans for North 

Carolina: Partial Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; partial withdrawal. 

SUMMARY: Due to comments received, 

EPA is publishing a partial withdrawal 

of the direct final approval of revisions 

to the North Carolina State 

Implementation Plan (SIP). EPA stated 

in the direct final rule that if EPA 

received adverse comments by June 17, 

2013, the rule would be withdrawn and 

not take effect. 

DATES: This partial withdrawal is 

effective July 12, 2013. 

FOR FURTHER INFORMATION CONTACT: Sara 

Waterson, Air Planning Branch, U.S. 

Environmental Protection Agency 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Phone 

number: (404) 562–9061; Email: 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

16, 2013 (78 FR 28747), EPA published 

a direct final rulemaking to approve a 

portion of North Carolina’s February 3, 

2010, SIP submission that updates the 

North Carolina SIP to incorporate EPA’s 

current national ambient air quality 

standards (NAAQS) for ozone, lead, and 

particulate matter (PM). The SIP 

submission contains amendments to 

North Carolina Rules 15A NCAC 02D 

.0405, .0408, .0409, and .0410 reflecting 

EPA’s current NAAQS for the 

aforementioned criteria pollutants. On 

May 16, 2013, EPA also published an 

accompanying proposed rulemaking to 

approve the SIP revision in the event 

that EPA received adverse comments on 

the direct final rulemaking. See 78 FR 

28775. 

In the direct final rulemaking, 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 rules would be 

effective on July 15, 2013, without 

further notice unless the Agency 

received adverse comment by June 17, 

2013. EPA explained that if the Agency 

received such 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 these actions. The 

public was advised that if no comments 

were received that the rules would be 

effective on July 15, 2013, with no 

further actions on the proposed rule. 

On May 23, 2013, EPA received a 

comment from a single commenter that 

could be viewed as adverse with regard 

to the approval action that EPA 

contemplated for the PM portion of the 

North Carolina SIP revision. In 

summary, the commenter noted that the 

portion of North Carolina’s SIP revision 

related to the PM2.5 NAAQS that was 

addressed in EPA’s May 16, 2013, 

rulemaking actions did not reflect EPA’s 

December 2012 revision to this 

standard. The commenter recommended 

that EPA approve the SIP as submitted 

and encourage North Carolina to update 

its SIP to reflect the December 2012 

update within a reasonable amount of 

time. The commenter expressed support 

for EPA’s approval of the portions of the 

SIP revision that incorporated updates 

to the other NAAQS subject to the May 

16, 2013, rulemakings. 

As result of this comment, EPA is 

withdrawing the direct final action 

related solely to the PM portion of the 

North Carolina SIP revision. 

Specifically, through today’s action, 

EPA is withdrawing the May 16, 2013, 

direct final approval of North Carolina’s 

SIP submission to update the PM 

NAAQS via incorporation of amended 

North Carolina Rules 15A NCAC 02D 

.0410 ‘‘PM2.5 Particulate Matter’’ and 

15A NCAC 02D .0409 ‘‘PM10 Particulate 

Matter’’ into the SIP. 

As indicated in the direct final 

rulemaking, EPA’s May 16, 2013, 

proposed rulemaking approving North 

Carolina’s SIP revision related to the PM 

NAAQS is still in effect. The Agency is 

not opening an additional comment 

period and will only consider the 

comments received prior to June 17, 

2013, the close of the public comment 

period. If EPA determines that it is 

appropriate to finalize the proposed 

approval of the North Carolina SIP 

revision related to the PM NAAQS, EPA 

will publish a final rule which will 

include a response to the comment 

received. In the event that EPA 

determines that it is not appropriate to 

finalize the proposed approval related to 

the PM NAAQS, EPA may issue a 

subsequent proposal with a different 

course of action. 

Today’s withdrawal action does not 

affect EPA’s May 16, 2013, direct final 

action on North Carolina’s SIP revision 

related to the ozone and lead NAAQS. 


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Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 41851 

The SIP revision updating the ozone 

and lead NAAQS are approved and 

updated North Carolina Rules 15A 

NCAC 02D .0405 and .0408 are 

incorporated into the SIP as of the 

effective date of the May 16, 2013, direct 

final action (July 15, 2013). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 28, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

§ 52.1770 [Amended] 

For the reasons set forth in the 

preamble, EPA withdraws the revision 

of the entries for .0409 and .0410 in 

Table 1 of § 52.1770(c) published at 78 

FR 28747 (May 16, 2013). 

[FR Doc. 2013–16654 Filed 7–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0223; FRL–9831–5] 

Approval and Promulgation of 

Implementation Plans for Georgia: 

Partial Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; partial withdrawal. 

SUMMARY: Due to comments received, 

EPA is publishing a partial withdrawal 

of the direct final approval of revisions 

to the Georgia State Implementation 

Plan (SIP). EPA stated in the direct final 

rule that if EPA received adverse 

comments by June 17, 2013, the rule 

would be withdrawn and not take effect. 

DATES: The partial withdrawal is 

effective July 15, 2013. 

FOR FURTHER INFORMATION CONTACT: Sara 

Waterson, Air Planning Branch, U.S. 

Environmental Protection Agency 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Phone 

number: (404) 562–9061; Email: 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

16, 2013 (78 FR 28744), EPA published 

a direct final rulemaking to approve 

portions of Georgia’s September 15, 

2008, August 30, 2010 (two submittals), 

and December 11, 2011, SIP 

submissions that update the Georgia SIP 

to incorporate EPA’s current national 

ambient air quality standards (NAAQS) 

for the sulfur dioxide, nitrogen dioxide, 

ozone, lead, and particulate matter (PM) 

NAAQS. The SIP submissions contain 

amendments to Georgia Rules 391–3–1.– 

02(4)(b), (c), (e), (f), and (g) reflecting 

EPA’s current NAAQS for the 

aforementioned criteria pollutants. On 

May 16, 2013, EPA also published an 

accompanying proposed rulemaking to 

approve the SIP revisions in the event 

that EPA received adverse comments on 

the direct final rulemaking. See 78 FR 

28776. 

In the direct final rulemaking, EPA 

explained that the Agency was 

publishing the rule without prior 

proposal because the Agency viewed the 

submittals as non-controversial SIP 

amendments and anticipated no adverse 

comments. Further, EPA explained that 

the Agency was simultaneously 

publishing a separate document in the 

proposed rules section of the Federal 

Register to serve as the proposal to 

approve the SIP revisions should an 

adverse comment be filed. EPA also 

noted that the rule would be effective on 

July 15, 2013, without further notice 

unless the Agency received adverse 

comment by June 17, 2013. EPA 

explained that if the Agency received 

such 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 

these actions. The public was advised 

that if no comments were received that 

the rule would be effective on July 15, 

2013, with no further action on the 

proposed rule. 

On May 17, 2013, EPA received a 

comment from a single commenter that 

could be viewed as adverse with regard 

to the approval action that EPA 

contemplated for the PM portion of the 

Georgia SIP revision. In summary, the 

commenter noted that Georgia’s SIP 

revision related to the PM2.5 NAAQS 

that was addressed in EPA’s May 16, 

2013, rulemaking actions did not reflect 

EPA’s December 2012 revision to this 

standard. The commenter recommended 

that EPA conditionally approve 

Georgia’s ‘‘particulate matter SIP’’ on 

the condition that the State submit a 

revised SIP within a reasonable amount 

of time reflecting the December 2012 

PM2.5 NAAQS. The commenter 

expressed support for EPA’s approval of 

the SIP revisions incorporating updates 

to the other NAAQS subject to the May 

16, 2013, rulemakings. 

As result of this comment, EPA is 

withdrawing the direct final action 

related solely to the PM portion of the 

Georgia SIP revision. Specifically, 

through today’s action, EPA is 

withdrawing the May 16, 2013, direct 

final approval of Georgia’s SIP 

submission to update the PM NAAQS 

via incorporation of amended Georgia 

Rule 391–3–1–.02(4)(c) ‘‘Particulate 

Matter’’ into the SIP. 

As indicated in the direct final 

rulemaking, EPA’s May 16, 2013, 

proposed rulemaking approving 

Georgia’s SIP revision related to the PM 

NAAQS is still in effect. The Agency is 

not opening an additional comment 

period and will only consider the 

comments received prior to June 17, 

2013, the close of the public comment 

period. If EPA determines that it is 

appropriate to finalize the proposed 

approval of the Georgia SIP revision 

related to the PM NAAQS, EPA will 

publish a final rule which will include 

a response to the comment received. In 

the event that EPA determines that it is 

not appropriate to finalize the proposed 

approval related to the PM NAAQS, 

EPA may issue a subsequent proposal 

with a different course of action. 

Today’s withdrawal action does not 

affect EPA’s May 16, 2013, direct final 

action on Georgia’s SIP revisions related 

to the sulfur dioxide, nitrogen dioxide, 

ozone, and lead NAAQS. The SIP 

revisions updating the sulfur dioxide, 

nitrogen dioxide, ozone, and lead 

NAAQS are approved and amended 

Georgia Rules 391–3–1–.02(4)(b), (e), (f), 

and (g) are incorporated into the SIP as 

of the effective date of the May 16, 2013, 

direct final action (July 15, 2013). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 28, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.570 (c) is amended 

under Table 1, under Emission 

Standards by revising the entry for 

‘‘391–3–1–.02(4)’’ to read as follows: 

§ 52.570 Identification of plan 

* * * * * 

(c) * * * 


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