Rule2023-03590
NPDES Small MS4 Urbanized Area Clarification; Withdrawal of Direct Final Rule
Primary source
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Published
February 22, 2023
Effective
February 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule "NPDES Small MS4 Urbanized Area Clarification," published on December 2, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Rules and Regulations]
[Page 10851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03590]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 122 and 123
[EPA-HQ-OW-2022-0834; FRL-10123-05-OW]
RIN 2040-AG27
NPDES Small MS4 Urbanized Area Clarification; Withdrawal of
Direct Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the direct final rule ``NPDES
Small MS4 Urbanized Area Clarification,'' published on December 2,
2022.
DATES: Effective February 22, 2023, the EPA withdraws the direct final
rule published at 87 FR 73965, on December 2, 2022.
FOR FURTHER INFORMATION CONTACT: Heather Huddle, Water Permits Division
(MC4203), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20004; telephone number: (202) 564-7932; email address:
<a href="/cdn-cgi/l/email-protection#1b736e7f7f777e35737e7a6f737e695b7e6b7a357c746d"><span class="__cf_email__" data-cfemail="5b332e3f3f373e75333e3a2f333e291b3e2b3a753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 2, 2022, the EPA published a
direct final rule (87 FR 73965). We stated in that direct final rule
that if we received adverse comment by January 3, 2023 (extended to
January 18, 2023 (87 FR 80079, December 29, 2022)), the direct final
rule would not take effect and we would publish a timely withdrawal in
the Federal Register. Because the EPA subsequently received adverse
comment on that direct final rule, we are withdrawing the direct final
rule.
The EPA published a parallel proposed rule on the same day (87 FR
74066, December 2, 2022) as the direct final rule, which proposed the
same rule changes as the direct final rule. The proposed rule invited
comment on the substance of these rule changes. The EPA will respond to
comments as part of any final action it takes on the parallel proposed
rule. As stated in the direct final rule and the parallel proposed
rule, we will not institute a second comment period on this action.
List of Subjects
40 CFR Part 122
Environmental protection, Stormwater, Water pollution.
40 CFR Part 123
Environmental protection, Stormwater, Water pollution.
Michael S. Regan,
Administrator.
0
Accordingly, as of February 22, 2023, the EPA withdraws the direct
final rule amending 40 CFR parts 122 and 123, which published at 87 FR
73965, on December 2, 2022.
[FR Doc. 2023-03590 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P
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