```

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47992-47993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22251]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0078; FRL-9969-42-Region 4]

Air Plan Approval: Georgia; New Source Review and Permitting 
Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the August 15, 2017, direct 
final rule that approves changes to Georgia's state implementation plan 
(SIP) related to new source review (NSR) permitting for prevention of 
significant deterioration (PSD). EPA will address the comment in a 
separate final action based upon the proposed rulemaking action, also 
published on August 15, 2017. EPA will not institute a second comment 
period on this action.

DATES: The direct final rule published at 82 FR 38605, on August 15, 
2017, is withdrawn effective October 16, 2017.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 15, 2017 (82 FR 38605), EPA 
published a direct final rule approving portions of several SIP 
revisions submitted by the State of Georgia, through the Georgia 
Department of Natural Resources' Environmental Protection Division (GA 
EPD), on December 15, 2011, July 25, 2014, and November 12, 2014. EPA 
took a direct final action to approve portions of the December 15, 
2011, July 25, 2014, and November 12, 2014, submissions that made 
changes to the following GA EPD regulations: Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration of Air Quality (PSD),'' which 
applies to the construction and modification of any major stationary 
source in areas designated as attainment or unclassifiable as required 
by part C of title I of the CAA; and Rule 391-3-1-.03(8)--``Permit 
Requirements,'' which applies generally to the permitting program, 
including permitting requirements that apply to the construction and 
modification of any major stationary sources in nonattainment areas as 
required by part D of title I of the CAA, referred to as nonattainment 
new source review.
    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 revisions 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 final rule and informing the public that the rule would 
not take effect. EPA specified, however, that if a comment were 
received on an amendment, paragraph, or section of this rule and if 
that provision may be severed from the remainder of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment. It was also explained that all

[[Page 47993]]

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 
portion of the direct final rule that made changes to Rule 391-3-
1-.02(7) only, as submitted in the November 12, 2014, SIP revision. As 
a result of the comment received, EPA is withdrawing the direct final 
rule. EPA will address the comment in a separate final action based on 
the proposed action also published on August 15, 2017 (82 FR 38646). 
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, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendments to 40 CFR 52.570(c) published on August 15, 
2017 (82 FR 38605), are withdrawn effective October 16, 2017.

[FR Doc. 2017-22251 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P
```