47636 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0387; FRL–9969–41– 

Region 4] 

Air Plan Approval: South Carolina; 

Miscellaneous Revisions to Multiple 

Rules 

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 

portions of the August 21, 2017, direct 

final rule that approves changes to 

South Carolina’s state implementation 

plan (SIP) related to definitions and 

open burning. EPA will address the 

comment in a separate final action 

based upon the proposed rulemaking 

action, also published on August 21, 

2017. EPA will not institute a second 

comment period on this action. 

DATES: The amendments to 40 CFR 

52.2120(c) at Regulation 62.1 and 

Regulation No. 62.2 (amendatory 

instructions 2.A and B.) published at 82 

FR 39537, on August 21, 2017, are 

withdrawn, effective October 13, 2017.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 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

21, 2017 (82 FR 39537), EPA published 

a direct final rule approving portions of 

several SIP revisions submitted by the 

State of South Carolina, through the 

South Carolina Department of Health 

and Environmental Control, on July 18, 

2011, June 17, 2013, April 10, 2014, 

August 8, 2014, January 20, 2016, and 

July 27, 2016. EPA took a direct final 

action to approve portions of the July 

18, 2011, June 17, 2013, April 10, 2014, 

August 8, 2014, January 20, 2016, and 

July 27, 2016, submissions that made 

changes to Regulation 61–62.1, Section 

I—‘‘Definitions,’’ and Regulation 61– 

62.2—‘‘Prohibition of Open Burning,’’ 

among other changes. 

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 noncontroversial 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 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 

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 

portions of the direct final rule that 

made changes to Regulation 61–62.1, 

Section I and Regulation 61–62.2 only. 

As a result of the comment received, 

EPA is withdrawing only the portions of 

the direct final rule approving changes 

to the South Carolina SIP at Regulation 

61–62.1, Section I, as submitted in the 

July 18, 2011, June 17, 2013, April 10, 

2014, and July 27, 2016, SIP revision, 

and Regulation 61–62.2, as submitted in 

the April 10, 2014, SIP revision. EPA 

will address the comment in a separate 

final action based on the proposed 

action also published on August 21, 

2017 (82 FR 39551). 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, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

■ Accordingly, the amendments to 40 

CFR 52.2120(c) at Regulation 62.1 and 

Regulation No. 62.2 (amendatory 

instructions 2.A and B.) published on 

August 21, 2017 (82 FR 39541), which 

were to become effective October 20, 

2017, are withdrawn. 

[FR Doc. 2017–22120 Filed 10–12–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0500; FRL–9969–39– 

Region 4] 

Air Plan Approval; Florida; Stationary 

Sources Emissions Monitoring 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a portion of a State 

Implementation Plan (SIP) revision 

submitted by the State of Florida, 

through the Florida Department of 

Environmental Protection (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 includes 

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, this 

action includes 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. EPA is taking action on 

Florida’s February 1, 2017, SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. This action is being taken 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This direct final rule is effective 

December 12, 2017 without further 

notice, unless EPA receives adverse 

comment by November 13, 2017. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2017–0500 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47637 

1Florida Administrative Code, ‘‘62–297,’’ for 

example, is a rule chapter, and ‘‘62–297.310’’ is a 

rule section, commonly written as ‘‘Chapter 62–297, 

F.A.C.,’’ and ‘‘Rule 62–297.310, F.A.C.,’’ 

respectively. Throughout this rulemaking, we will 

use this nomenclature to refer to rule chapter and 

rule sections. 

2Although referenced in the February 1, 2017, 

SIP submittal by the title of ‘‘General Emissions 

Test Requirements,’’ the current SIP-approved Rule 

62–297.310, F.A.C., is titled ‘‘General Test 

Requirements.’’ The renaming of this Rule is 

included in the February 1, 2017, SIP submittal and 

is being acted on in a separate rulemaking. 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andres Febres of the 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 

febres-martinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking today? 

On February 1, 2017, FDEP submitted 

to EPA for adoption a SIP revision for 

the purpose of updating Florida’s 

requirements and procedures for 

emissions monitoring at stationary 

sources. Florida’s February 1, 2017, SIP 

submittal included amendments to three 

F.A.C. rule sections and the removal of 

one F.A.C. rule section from the Florida 

SIP.1 Specifically, these changes to 

Florida’s rules included the 

amendments of Rule 62–297.310, 

F.A.C.—‘‘General Emissions Test 

Requirement;’’ 2 Rule 62–297.440, 

F.A.C.—‘‘Supplementary Test 

Procedures;’’ and Rule 62–297.450, 

F.A.C.—‘‘EPA VOC Capture Efficiency 

Test Procedures.’’ In addition, Florida’s 

February 1, 2017, SIP submittal includes 

the removal of one of Florida’s rule 

sections from the SIP. Specifically, 

Florida requested to remove Rule 62– 

297.401, F.A.C.—‘‘Compliance Test 

Methods’’ from the State’s 

implementation plan because it has 

been repealed at the state level, and, 

according to the submittal, the section is 

unnecessary, obsolete or duplicative of 

other F.A.C. Rules. 

Through this rulemaking, EPA is 

approving the portions of Florida’s 

February 1, 2017, SIP submittal 

regarding amendments to Rule 62– 

297.440, F.A.C., and Rule 62–297.450, 

F.A.C., as well as the removal of Rules 

62–297.401, F.A.C., from the State’s 

implementation plan. The portion of the 

SIP regarding Rule 62–297.310 is being 

discussed in a separate rulemaking that 

is proposing approval of portions of 

several SIP submittals making 

administrative and recodification 

changes to Florida’s SIP. See 82 FR 

37379 (August 10, 2017). 

In addition to the removal of Rule 62– 

297.401, F.A.C., EPA is removing Rule 

62–297.400, F.A.C.—‘‘EPA Methods 

Adopted by Reference’’ from the Florida 

SIP. The removal of this rule section 

was previously approved by EPA, but 

was never reflected in Florida’s SIPapproved rules table in 40 CFR 

52.520(c). For more detail on the 

approval to remove Rule 62–297.400, 

F.A.C., see the June 16, 1999, 

rulemaking (64 FR 32346). 

II. Analysis of State Submittal 

As mentioned in Section I above, 

Florida submitted to EPA a SIP revision 

on February 1, 2017, which includes 

amendments to three of its rules to 

address requirements for emissions 

monitoring at stationary sources and 

proposed to remove one of its SIPapproved rules. Specifically, Florida 

proposed amendments to Rules 62– 

297.310, 62–297.440, and 62–297.450, 

F.A.C., and proposed to remove Rule 

62–297.401, F.A.C., from the State’s 

implementation plan. A description of 

the changes proposed to these Rules and 

our analyses of these changes is 

included below. 

A. Rule 62–297.401, F.A.C.— 

‘‘Compliance Test Methods’’ 

In its February 1, 2017, SIP submittal, 

Florida requested that Rule 62–297.401, 

F.A.C.—‘‘Compliance Test Methods’’ be 

removed from the State’s 

implementation plan. This rule section 

listed the air emissions test methods 

that were to be used whenever a 

compliance test was required by another 

rule or a permit. These test methods are 

now prescribed in each individual rule 

that requires a compliance test, and as 

a result, Rule 62–297.401 is no longer 

needed as its own separate list. In 

addition, Florida incorporates by 

reference all the necessary EPA test 

methods in Rule 62–204.800, F.A.C— 

‘‘Federal Regulations Adopted by 

Reference.’’ Consequently, Florida has 

since repealed Rule 62–297.401, F.A.C., 

state effective on July 10, 2014. EPA is 

approving the removal of the 

aforementioned rule from Florida’s SIP 

because the requirements are still in 

place in other state rules, and we 

believe this repealed rule is no longer 

necessary. 

B. Rule 62–297.440, F.A.C.— 

‘‘Supplementary Test Procedures’’ 

In Florida’s February 1, 2017, SIP 

submittal the State proposed several 

revisions to Rule 62–297.440, F.A.C.— 

‘‘Supplementary Test Procedures,’’ 

which became state effective on July 10, 

2014. This rule section listed additional 

testing methods that could be used in 

conjunction and as a supplement to all 

other required test methods. In its 

February 1, 2017, SIP submittal, Florida 

is requesting the removal of several 

subsections because they contain test 

methods that are either adopted by 

reference in other rule sections or are 

now obsolete. Florida proposed to 

remove the following subsections from 

Rule 62–297.440, F.A.C.: (1)—‘‘ASTM 

Methods,’’ (3)—‘‘American Conference 

of Governmental Industrial Hygienists, 

Recommended Practices—Industrial 

Ventilation: A Manual of Recommended 

Practice—Equipment Specifications,’’ 

(5)—‘‘Technical Association of Pulp and 

Paper Industry (TAPPI), Test Methods,’’ 

(6)—‘‘Sulphur Development Institute of 

Canada (SUDIC) Sampling and Testing 

Sulphur Forms,’’ and (7)—‘‘EPA VOC 

Capture Efficiency Test Procedures.’’ 

With the exception of the language 

from subsection (7)—‘‘EPA VOC 

Capture Efficiency Test Procedures’’ 

(which are now included in Rule 62– 

297.450, F.A.C.—‘‘EPA VOC Capture 

Efficiency Test Procedures’’), all other 

subsections mentioned in the paragraph 

above were repealed because they are 

obsolete and unnecessary. Given that 

these test methods were supplementary 

and that all required test methods are 

still in place and prescribed in each 

section or permit that requires testing, 

as mentioned in Section II.B. above, 

EPA agrees with the amendments and is 

approving the removal of these five 

subsections from Rule 62–297.440, 

F.A.C. 


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3EPA document GD–035, ‘‘Guidelines for 

Determining Capture Efficiency,’’ dated January 9, 

1995, is available at: https://www3.epa.gov/ttn/emc/ 

guidlnd/gd-035.pdf. 4The list of EPA-approved regulations in 

Florida’s SIP can be found in Table (c) of 40 CFR 

part 52, Subsection 520 [40 CFR 52.520(c)]. 

5 62 FR 27968 (May 22, 1997). 

6See Section III of this rulemaking for details on 

Rule 62–297.400. 

C. Rule 62–297.450, F.A.C.—‘‘EPA VOC 

Capture Efficiency Test Procedures’’ 

In its February 1, 2017, SIP submittal, 

Florida proposed several revisions to 

Rule 62–297.450, F.A.C—‘‘EPA VOC 

Capture Efficiency Test Procedures,’’ 

which became state effective on July 10, 

2014. This rule section lists procedures 

for determining the capture efficiency of 

a VOC capture system. The February 1, 

2017, SIP submittal makes clarifying 

changes to this rule by reformatting the 

rule, but did not change the 

requirements that had to be met in order 

to determine the capture efficiency of a 

VOC capture system. Some subsections 

of the rule were removed, and instead, 

the State references EPA’s Emissions 

Measurement Technical Information 

Center Guideline Document GD–035— 

‘‘Guideline for Determining Capture 

Efficiency,’’ January 9, 1995.3 In 

addition, amendments to Rule 62– 

297.450, F.A.C., add language removed 

from subsection 62–297.440(7) 

mentioned above. 

EPA is approving the changes 

provided in Florida’s February 1, 2017, 

SIP submittal to Rule 62–297.450, 

F.A.C., on the basis that these changes 

are simply to clarify and simplify the 

language in the rule, and are consistent 

with EPA’s VOC capture efficiency test 

procedure guidelines, as established in 

the agency’s GD–035 guideline. 

III. Removal of 62–297.400 From the 

Florida SIP 

In an April 15, 1996, SIP submittal, 

Florida requested, among other things, 

the removal of several Rule sections 

from the State’s SIP. Specifically, 

Florida requested to remove fourteen 

sections from Rule Chapter 62–297, 

F.A.C., including Rules 62–297.400, 62– 

297.411, 62–297.412, 62–297.413, 62– 

297.414, 62–297.415, 62–297.416, 62– 

297.417, 62–297.418, 62–297.419, 62– 

297.421, 62–297.422, 62–297.423, and 

62–297.424, F.A.C. In a June 16, 1999 

(64 FR 32346), rulemaking, EPA 

approved the removal of these Florida 

rule sections from the State’s SIP at the 

same time that the agency added a table 

of SIP-approved rules at 40 CFR 

52.520.4 However, when creating this 

table, EPA inadvertently included some 

of the rules that were being removed 

from Florida’s SIP. The rules that were 

mistakenly left in the table under 

Chapter 62–297, F.A.C., are Rules 62– 

297.400, 62–297.411, 62–297.412, 62– 

297.413, 62–297.415, 62–297.416, 62– 

297.417, and 62–297.423, F.A.C. 

On November 29, 2012, Florida 

submitted to EPA a letter requesting that 

corrections be made to the table at 40 

CFR 52.520(c), including the removal of 

those rules that were approved for 

removal but left in the table. As a 

response to the November 29, 2012, 

letter, EPA published a Correcting 

Amendments rulemaking on June 20, 

2013 (78 FR 37132), to make the 

requested corrections to Rule Chapter 

62–297 in table 52.520(c) of the Florida 

SIP. In the June 20, 2013, correction, 

EPA removed all remaining rules that 

were previously approved for removal 

with the exception of Rule 62–297.400, 

F.A.C. 

Although not requested by Florida in 

their February 1, 2017, SIP submittal, 

EPA is making the correction to the 

table at 40 CFR 52.520 regarding Rule 

62–297.400, F.A.C., at this time. At the 

time of the repeal of this rule, the latest 

SIP-approved version of Rule 62– 

297.400, F.A.C., included references to 

Rule 62–297.401, F.A.C., and Rules 62– 

297.411 through 62–297.424, F.A.C., 

which are either removed from the SIP 

or are being approved for removal in 

this rulemaking. If Rule 62–297.400, 

F.A.C., was left in the Florida SIP, it 

would continue to make reference to 

SIP-approved rules that no longer exist 

in the State’s implementation plan and 

could lead to confusion. Since this rule 

was previously approved for removal in 

the June 16, 1999, rulemaking, EPA is 

now removing the aforementioned rule 

from the Florida SIP. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Rule 62–297.440, F.A.C., 

entitled ‘‘Supplementary Test 

Procedures’’ and Rule 62–297.450, 

F.A.C., entitled ‘‘EPA VOC Capture 

Efficiency Test Procedures,’’ both state 

effective on July 19, 2014. EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State’s implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.5

V. Final Action 

EPA is taking direct final action to 

approve the aforementioned changes to 

the SIP, as submitted to us in Florida’s 

February 1, 2017, SIP revision. 

Specifically, EPA is approving the 

amendments to Rule 62–297.440, 

F.A.C., and Rule 62–297.450, F.A.C., 

both state effective on July 19, 2014, as 

well as the removal of Rule 62–297.401, 

F.A.C., from Florida’s SIP. In addition, 

EPA is removing Rule 62–297.400, 

F.A.C., from Florida’s SIP as approved 

in a previous rulemaking.6 This action 

is limited to the two rule revisions and 

two rule removals mentioned above and 

does not act on other portions of the 

February 1, 2017, submittal that are 

covered under a separate rulemaking. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective December 12, 2017 

without further notice unless the 

Agency receives adverse comments by 

November 13, 2017. If EPA receives 

such comments, then EPA will publish 

a document withdrawing the final rule 

and informing the public that the rule 

will not take effect. All adverse 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. EPA will 

not institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on December 

12, 2017 and no further action will be 

taken on the proposed rule. Please note 

that if we receive adverse comment on 

an amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47639 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 12, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

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. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(c) is amended under 

‘‘Chapter 62–297 Stationary Sources— 

Emissions Monitoring’’ by removing the 

entries for ‘‘62–297.400’’ and ‘‘62– 

297.401’’ and revising the entries for 

‘‘62–297.440’’ and ‘‘62–297.450’’ to read 

as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation 

(section) Title/subject 

State 

effective 

date 

EPA approval 

date Explanation 

*******

Chapter 62–297 Stationary Sources—Emissions Monitoring 

*******

62–297.440 .......... Supplementary Test Procedures 7/10/2014 10/13/2017, [Insert citation of 

publication].

62–297.450 .......... EPA VOC Capture Efficiency Test 

Procedures.

7/10/2014 10/13/2017, [Insert citation of 

publication].

* * * * * * * 


nlaroche on DSK9F9SC42PROD with RULES
47640 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

* * * * * 

[FR Doc. 2017–22114 Filed 10–12–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0385; FRL–9969–29– 

Region 4] 

Air Plan Approval: SC: Multiple 

Revisions to Air Pollution Control 

Standards 

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 16, 2017, direct final rule 

that approves portions of the South 

Carolina state implementation plan 

(SIP) revisions for miscellaneous rules 

covering air pollution control standards. 

EPA will address the comment in a 

subsequent final action based upon the 

proposed rulemaking action, also 

published on August 16, 2017. EPA will 

not institute a second comment period 

on this action. 

DATES: The direct final rule published at 

82 FR 38828, on August 16, 2017, is 

withdrawn, effective October 13, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, 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) 562–8726. 

Mr. Wong can also be reached via 

electronic mail at wong.richard@

epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

16, 2017 (82 FR 38828), EPA published 

a direct final rule approving SIP 

revisions submitted by the State of 

South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (SC DHEC). EPA 

took a direct final action to approve 

portions of the October 1, 2007, July 18, 

2011, June 17, 2013, August 8, 2014, 

August 12, 2015, July 27, 2016, and 

November 4, 2016, submissions that 

revise Regulation 61–62.5, Standard No. 

1—‘‘Emissions From Fuel Burning 

Operations’’ and Regulation 61–62.5, 

Standard No. 4—‘‘Emissions From 

Process Industries.’’ 

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 noncontroversial 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 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 direct 

final rule on both the changes to 

Regulation 61–62.5, Standard No. 1 and 

to Standard No. 4. As a result of the 

comment received, EPA is withdrawing 

the direct final rule approving the 

aforementioned changes to the South 

Carolina SIP at Regulation 61–62.5, 

Standard No. 1 and Regulation 61–62.5, 

Standard No. 4. EPA will address the 

comment in a separate final action 

based on the proposed action also 

published on August 16, 2017 (82 FR 

38874). EPA will not open a second 

comment period for this action. 

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: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

■ Accordingly, the amendments to 40 

CFR 52.2120(c) published on August 16, 

2017 (82 FR 38828), which were to 

become effective October 16, 2017, are 

withdrawn. 

[FR Doc. 2017–22103 Filed 10–12–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100812345–2142–03] 

RIN 0648–XF729 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2017 

Commercial Accountability Measures 

and Closure for South Atlantic Greater 

Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

commercial greater amberjack in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS projects 

commercial landings of greater 

amberjack will reach the commercial 

annual catch limit (ACL) by October 18, 

2017. Therefore, NMFS closes the 

commercial sector for greater amberjack 

in the South Atlantic EEZ on October 

18, 2017, and it will remain closed until 

the start of the next fishing year on 

March 1, 2018. This closure is necessary 

to protect the greater amberjack 

resource. 

DATES: This rule is effective at 12:01 

a.m., local time, October 18, 2017, until 

12:01 a.m., local time, March 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes greater amberjack and 

is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The commercial ACL for greater 

amberjack is equivalent to the 

commercial quota. The commercial 

quota for greater amberjack in the South 

Atlantic is 769,388 lb (348,989 kg), 

gutted weight, as specified in 50 CFR 

622.190(a)(3). 

Under 50 CFR 622.193(k)(1), NMFS is 

required to close the commercial sector 


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