[Federal Register: December 6, 2002 (Volume 67, Number 235)]
[Rules and Regulations]               
[Page 72579-72580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de02-11]                         


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


ENVIRONMENTAL PROTECTION AGENCY


40 CFR Parts 52 and 61


[ND-001-0005a & 0007a; FRL-7419-1]


 
Clean Air Act Approval and Promulgation of Air Quality 
Implementation Plan Revision for North Dakota; Withdrawal of Direct 
Final Rule


AGENCY: Environmental Protection Agency (EPA).


ACTION: Withdrawal of direct final rule.


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


SUMMARY: EPA has received adverse comments on our October 7, 2002 
direct final rule (see 67 FR 62395) to approve revisions to various air 
pollution control rules in the North Dakota State Implementation Plan 
(SIP), which were submitted by the Governor of North Dakota with a 
letter dated June 21, 2001. In the October 7, 2002 direct final rule 
(67 FR 62395), we stated that if we received adverse comments by 
November 6, 2002, the direct final rule would be withdrawn and would 
not take effect. EPA has received adverse comments from the Dakota 
Resource Council, submitted with a letter dated November 6, 2002. The 
comments are specific to the North Dakota air pollution control rule 
regarding prevention of significant deterioration. Therefore, the 
sections of the direct final rule regarding the revisions to the North 
Dakota air pollution control rules are being withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
EPA's October 7, 2002 proposed rule (see 67 FR 62432). EPA will not 
institute a second comment period on this action.
    Please note that this withdrawal does not withdraw or impact the 
sections of EPA's October 7, 2002 direct final rule regarding notice of 
delegation of authority for New Source Performance Standards nor the 
change to the


[[Page 72580]]


approved plan to remove the State's part 61 National Emission Standards 
for Hazardous Air Pollutants regulations from the federally-approved 
SIP (and related update to the part 61 table).


EFFECTIVE DATE: The additions of 40 CFR 52.1820(c)(32) is withdrawn as 
of December 6, 2002.


FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection 
Agency, Region VIII, (303) 312-6449.


SUPPLEMENTARY INFORMATION: See the information provided in the direct 
final rule located in the Rules and Regulations section of the October 
7, 2002 Federal Register (67 FR 62432).


List of Subjects


40 CFR Part 52


    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.


40 CFR Part 61


    Environmental protection, Air pollution control, Arsenic, Asbestos, 
Benzene, Beryllium, Hazardous substances, Mercury, and Vinyl chloride.
    Accordingly, the addition of 40 CFR 52.1820(c)(32) is withdrawn as 
of December 6, 2002.


    Dated: November 26, 2002.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 02-30941 Filed 12-5-02; 8:45 am]

BILLING CODE 6560-50-P