[Federal Register: June 1, 2006 (Volume 71, Number 105)]
[Rules and Regulations]
[Page 31092-31093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn06-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 93
[EPA-HQ-OAR-2004-0491; FRL-8176-3]
RIN 2060-AN60
PM2.5 De Minimis Emission Levels for General Conformity
Applicability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: Because EPA received adverse comment, we are withdrawing the
direct final rule amendments to the PM2.5 De Minimis
Emission Levels for General Conformity Applicability, published in the
Federal Register on April 5, 2006. We stated in the direct final rule
amendments that if we received adverse comment by May 5, 2006, we would
publish a timely notice of withdrawal in the Federal Register. We
subsequently received adverse comment on the direct final rule
amendments. We will address those comments in a subsequent final action
based on the parallel proposal also published on April 5, 2006. As
stated in the parallel proposal, we will not institute a second comment
period on this action.
DATES: As of June 1, 2006, EPA withdraws the direct final rule
amendments published on April 5, 2006 (71 FR 17003).
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0491. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
[[Page 31093]]
Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Coda, Office of Air Quality
Planning and Standards, Air Quality Policy Division, State and Local
Programs Group (Code C539-01), Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-3037; fax number: (919) 541-0824; e-mail address: coda.tom@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Today's action applies to all Federal agencies and Federal
activities.
II. Background Information
On April 5, 2006, we published a direct final rule (71 FR 17003)
and parallel proposal (71 FR 17047) amending the General Conformity
rules. The amendments were to revise the tables in subparagraphs (b)(1)
and (b)(2) of 40 CFR 51.853 and 40 CFR 93.153 by adding the de minimis
emission levels for PM2.5. The direct final rule established
100 tons per year as the de minimis emission level for direct
PM2.5 and each of its precursors as defined in revised
section 91.152. This action maintained our past policy of consistency
between the conformity de minimis emission levels and the size of a
major stationary source under the New Source Review program (70 FR
65984). These levels are also consistent with the levels proposed for
volatile organic compound (VOC) and Nitrogen Oxides (NOX)
emissions in subpart 1 areas under the 8-hour ozone implementation
strategy (68 FR 32843). We published the direct final rule without
prior proposal because the Agency viewed this as a noncontroversial
action and anticipated no adverse comments. However, in the proposed
rules section of the April 5, 2006 Federal Register publication, EPA
published a separate document to serve as the proposal should adverse
comments be filed. This direct final rule would have become effective
June 5, 2006, without further notice if the EPA had not received
relevant adverse comments by May 5, 2006. The preamble to the direct
final rule amendments stated that if we received adverse comment by May
5, 2006, we would publish a timely notice of withdrawal in the Federal
Register. EPA received adverse comment on the direct final rule
amendments. Accordingly, we are withdrawing the direct final rule
amendments as of June 1, 2006. EPA will take final action on the
parallel proposal after considering the comments received. As stated in
the parallel proposal, EPA will not institute a second comment period
on this action.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
40 CFR Part 93
Environmental protection, Administrative practice and procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Dated: May 24, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
PARTS 53 AND 91--[AMENDED]
0
Accordingly, the amendments to the rule published in the Federal
Register on April 5, 2006 (71 FR 17003) on pages 17003--17009 are
withdrawn as of June 1, 2006.
[FR Doc. E6-8400 Filed 5-31-06; 8:45 am]
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