82 FR 55052 - Air Plan Approval; Delaware; State Implementation Plan for Interstate Transport for the 2008 Ozone Standard; Withdrawal of Direct Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 222 (November 20, 2017)

Page Range		55052-55052
FR Document		2017-25022

Due to adverse comments received, the Environmental Protection Agency (EPA) is withdrawing the September 27, 2017 direct final rule that approved a revision to the Delaware state implementation plan (SIP) related to the interstate transport of air pollution for the 2008 ozone national ambient air quality standards (NAAQS). EPA stated in the direct final rule that if EPA received adverse comments by October 27, 2017, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments. EPA will address the comments received in a subsequent final rulemaking action based upon the proposed approval action for the same SIP submittal which was also published on September 27, 2017. EPA will not institute a second comment period on this action.

Federal Register, Volume 82 Issue 222 (Monday, November 20, 2017)

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Rules and Regulations]
[Page 55052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25022]



[[Page 55052]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0408; FRL-9970-83-Region 3]


Air Plan Approval; Delaware; State Implementation Plan for 
Interstate Transport for the 2008 Ozone Standard; Withdrawal of Direct 
Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to adverse comments received, the Environmental Protection 
Agency (EPA) is withdrawing the September 27, 2017 direct final rule 
that approved a revision to the Delaware state implementation plan 
(SIP) related to the interstate transport of air pollution for the 2008 
ozone national ambient air quality standards (NAAQS). EPA stated in the 
direct final rule that if EPA received adverse comments by October 27, 
2017, the rule would be withdrawn and not take effect. EPA subsequently 
received adverse comments. EPA will address the comments received in a 
subsequent final rulemaking action based upon the proposed approval 
action for the same SIP submittal which was also published on September 
27, 2017. EPA will not institute a second comment period on this 
action.

DATES: The direct final rule published at 82 FR 44932 on September 27, 
2017 is withdrawn effective November 20, 2017.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814-5787 or at 
[email protected].

SUPPLEMENTARY INFORMATION: The SIP revision was formally submitted by 
the State of Delaware, through the Delaware Department of Natural 
Resources and Environmental Control (DNREC), on March 27, 2013. The 
March 2013 SIP revision was submitted in order to satisfy the 
requirements of section 110(a)(2) of the Clean Air Act (CAA) for the 
2008 ozone NAAQS. The September 27, 2017 direct final rule action 
addressed one portion of the March 2013 submittal, finding that 
Delaware has fully satisfied prongs 1 and 2 of section 
110(a)(2)(D)(i)(I) of the CAA for the 2008 ozone NAAQS. EPA had 
previously acted on other portions of Delaware's March 27, 2013 SIP 
submittal.
    In the direct final rule published on September 27, 2017 (82 FR 
44932), EPA stated that if the Agency received adverse comment by 
October 27, 2017, the rule would be withdrawn and not take effect. EPA 
subsequently received adverse comments from anonymous commenters. As a 
result of the comments received, EPA is withdrawing the direct final 
rule approving the revision to the Delaware SIP to reflect the 
interstate transport of air pollution for the 2008 ozone NAAQS. EPA 
will respond to the adverse comments in a subsequent final rulemaking 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 3, 2017.
Cosmo Servidio,
Regional Administrator, Region III.


0
Accordingly, the amendments to 40 CFR 52.420(e) published on September 
27, 2017 (82 FR 44932), are withdrawn effective November 20, 2017.

[FR Doc. 2017-25022 Filed 11-17-17; 8:45 am]
 BILLING CODE 6560-50-P

55052 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Rules and Regulations

ENVIRONMENTAL PROTECTION the rule would be withdrawn and not final action based upon the proposed
AGENCY take effect. EPA subsequently received action also published on September 28,
adverse comments from anonymous 2017. EPA will not institute a second
40 CFR Part 52 commenters. As a result of the comment period on this action.
[EPA–R03–OAR–2013–0408; FRL–9970–83– comments received, EPA is withdrawing DATES: The direct final rule published at
Region 3] the direct final rule approving the 82 FR 45187 on September 28, 2017 is
revision to the Delaware SIP to reflect withdrawn effective November 20, 2017.
Air Plan Approval; Delaware; State the interstate transport of air pollution FOR FURTHER INFORMATION CONTACT: Sara
Implementation Plan for Interstate for the 2008 ozone NAAQS. EPA will Calcinore, (215) 814–2043, or by email
Transport for the 2008 Ozone respond to the adverse comments in a at calcinore.sara@epa.gov.
Standard; Withdrawal of Direct Final subsequent final rulemaking action. SUPPLEMENTARY INFORMATION: On
Rule List of Subjects in 40 CFR Part 52 January 5, 2017, the Commonwealth of
AGENCY: Environmental Protection Environmental protection, Air Virginia, through the Virginia
Agency (EPA). pollution control, Incorporation by Department of Environmental Quality
reference, Nitrogen dioxide, Ozone, (VADEQ), submitted a SIP revision
ACTION: Withdrawal of direct final rule.
Reporting and recordkeeping (Revision D16) that requested removal
SUMMARY: Due to adverse comments requirements, Volatile organic from its SIP of Virginia Administrative
received, the Environmental Protection compounds. Code regulations that implemented the
Agency (EPA) is withdrawing the CAIR annual nitrogen oxide (NOX),
Dated: November 3, 2017. ozone season NOX, and annual sulfur
September 27, 2017 direct final rule that
approved a revision to the Delaware Cosmo Servidio, dioxide (SO2) trading programs in
state implementation plan (SIP) related Regional Administrator, Region III. Virginia. These regulations were
to the interstate transport of air ■ Accordingly, the amendments to 40 replaced by trading programs under the
pollution for the 2008 ozone national CFR 52.420(e) published on September CSAPR federal implementation plan
ambient air quality standards (NAAQS). 27, 2017 (82 FR 44932), are withdrawn (FIP) on January 1, 2015 (December 3,
EPA stated in the direct final rule that effective November 20, 2017. 2014, 79 FR 71663) and are therefore
if EPA received adverse comments by obsolete and moot.
[FR Doc. 2017–25022 Filed 11–17–17; 8:45 am] EPA had approved Virginia’s SIP
October 27, 2017, the rule would be
withdrawn and not take effect. EPA
BILLING CODE 6560–50–P revision removing the CAIR annual
subsequently received adverse NOX, ozone season NOX, and annual
comments. EPA will address the SO2 trading programs from the Virginia
ENVIRONMENTAL PROTECTION SIP in the DFR published on September
comments received in a subsequent AGENCY
final rulemaking action based upon the 28, 2017 (82 FR 45187). In this DFR, we
proposed approval action for the same 40 CFR Part 52 stated that if we received adverse
SIP submittal which was also published comment by October 30, 2017, the rule
on September 27, 2017. EPA will not [EPA–R03–OAR–2017–0215; FRL–9970–80– would be withdrawn and not take effect.
Region 3] EPA subsequently received an adverse
institute a second comment period on
this action. comment. On September 28, 2017 (82
Approval and Promulgation of Air FR 45187), EPA simultaneously
DATES: The direct final rule published at Quality Implementation Plans; Virginia;
82 FR 44932 on September 27, 2017 is proposed to approve these revisions to
Removal of Clean Air Interstate Rule the Virginia SIP. EPA will address the
withdrawn effective November 20, 2017. (CAIR) Trading Programs; Withdrawal comments received in a subsequent
FOR FURTHER INFORMATION CONTACT: of Direct Final Rule final action based upon this proposed
Ellen Schmitt, (215) 814–5787 or at AGENCY: Environmental Protection action and will not institute a second
schmitt.ellen@epa.gov. Agency (EPA). comment period on this action.
SUPPLEMENTARY INFORMATION: The SIP ACTION: Withdrawal of direct final rule. As a result of the comments received,
revision was formally submitted by the EPA is withdrawing the DFR approving
State of Delaware, through the Delaware SUMMARY: Due to receipt of an adverse Virginia’s SIP revision related to the
Department of Natural Resources and comment, the Environmental Protection removal of the CAIR annual NOX, ozone
Environmental Control (DNREC), on Agency (EPA) is withdrawing the season NOX, and annual SO2 trading
March 27, 2013. The March 2013 SIP September 28, 2017 direct final rule programs from the Virginia SIP.
revision was submitted in order to (DFR) that approved a revision to the
satisfy the requirements of section Virginia state implementation plan List of Subjects in 40 CFR Part 52
110(a)(2) of the Clean Air Act (CAA) for (SIP). The revision removed from the Environmental protection, Air
the 2008 ozone NAAQS. The September Virginia SIP regulations from the pollution control, Incorporation by
27, 2017 direct final rule action Virginia Administrative Code that reference, Nitrogen dioxide, Ozone,
addressed one portion of the March established EPA-administered trading Reporting and recordkeeping
2013 submittal, finding that Delaware programs under the Clean Air Interstate requirements, Sulfur oxides.
has fully satisfied prongs 1 and 2 of Rule (CAIR), which were discontinued Dated: November 3, 2017.
section 110(a)(2)(D)(i)(I) of the CAA for on December 31, 2014 upon the Cosmo Servidio,
the 2008 ozone NAAQS. EPA had implementation of the Cross-State Air
Regional Administrator, Region III.
sradovich on DSK3GMQ082PROD with RULES

previously acted on other portions of Pollution Rule (CSAPR). EPA stated in
Delaware’s March 27, 2013 SIP the direct final rule that if EPA received ■ Accordingly, the amendments to 40
submittal. adverse comments by October 30, 2017, CFR 52.2420(c) published on September
In the direct final rule published on the rule would be withdrawn and not 28, 2017 (82 FR 45187), are withdrawn
September 27, 2017 (82 FR 44932), EPA take effect. EPA subsequently received effective November 20, 2017.
stated that if the Agency received an adverse comment. EPA will address [FR Doc. 2017–25014 Filed 11–17–17; 8:45 am]
adverse comment by October 27, 2017, the comments received in a subsequent BILLING CODE 6560–50–P

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Document Created: 2018-10-25 10:40:33
Document Modified: 2018-10-25 10:40:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Withdrawal of direct final rule.
Dates		The direct final rule published at 82 FR 44932 on September 27, 2017 is withdrawn effective November 20, 2017.
Contact		Ellen Schmitt, (215) 814-5787 or at [email protected]
FR Citation		82 FR 55052
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds