82 FR 55510 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard; Withdrawal of Direct Final Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 224 (November 22, 2017)
Federal Register Volume 82, Issue 224 (November 22, 2017)
| Page Range | 55510-55511 | |
| FR Document | 2017-25322 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Rules and Regulations] [Pages 55510-55511] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25322] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0398; FRL-9971-14-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nonattainment New Source Review Requirements for the 2008 8- Hour Ozone Standard; Withdrawal of Direct Final Rule 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 September 29, 2017 direct final rule (DFR) that approved a revision to the Maryland state implementation plan (SIP). The revision was in response to EPA's February 3, 2017 Findings of Failure to Submit for various requirements relating to the 2008 8-hour ozone national ambient air quality standards (NAAQS). This SIP revision was specific to nonattainment new source review (NNSR) requirements. EPA stated in the direct final rule that if EPA received adverse comments by October 30, 2017, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on September 29, 2017. EPA will not institute a second comment period on this action. This withdrawal action is being taken under section 110 of the Clean Air Act. DATES: The direct final rule published at 82 FR 45475, on September 29, 2017, is withdrawn as of November 22, 2017. ADDRESSES: EPA has established docket number EPA-R03-OAR-2017-0398 for this action. The index to the docket is available electronically at https://www.regulations.gov and in hard copy at Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, (215) 814-2156, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On May 8, 2017, the Maryland Department of the Environment (MDE) submitted on behalf of the State of Maryland a formal revision, requesting EPA's approval for the SIP of its NNSR Certification for the 2008 Ozone Standard (Revision 17-01). The SIP revision is in response to EPA's final 2008 8-hour ozone NAAQS Findings of Failure to Submit for NNSR requirements. See 82 FR 9158 (February 3, 2017). Specifically, Maryland is certifying that its existing NNSR program, covering the Baltimore Nonattainment Area (which includes Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties and the city of Baltimore), the Philadelphia-Wilmington-Atlantic City Nonattainment Area (which includes Cecil County in Maryland), and the Washington, DC Nonattainment Area (which includes Calvert, Charles, Frederick, Montgomery, and Prince Georges Counties in Maryland) for the 2008 8- hour ozone NAAQS, is at least [[Page 55511]] as stringent as the requirements at 40 CFR 51.165, as amended by the final rule titled ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule), for ozone and its precursors.\1\ See 80 FR 12264 (March 6, 2015). --------------------------------------------------------------------------- \1\ The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 8-hour ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. --------------------------------------------------------------------------- Please see additional information provided in the direct final action published in the Federal Register on September 29, 2017 (82 FR 45475) and in the companion proposed rule which was also published on September 29, 2017 (82 FR 45547). In the DFR, we stated that if we received adverse comment by October 30, 2017, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. As a result of the comment received, EPA is withdrawing the direct final rule approving Maryland's SIP revision related to NNSR requirements for the 2008 8-hour ozone standard. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 9, 2017. Cosmo Servidio, Regional Administrator, Region III. 0 Accordingly, the amendment to 40 CFR 52.1070(e) published on September 29, 2017 (82 FR 45475) is withdrawn as of November 22, 2017. [FR Doc. 2017-25322 Filed 11-21-17; 8:45 am] BILLING CODE 6560-50-P
![55510 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
DEPARTMENT OF HOMELAND 3, 2017, to allow more time to remove SUMMARY: Due to the receipt of an
SECURITY and replace the center locks and install adverse comment, the Environmental
new electrical wiring and lubrication Protection Agency (EPA) is withdrawing
Coast Guard piping. Therefore, through this the September 29, 2017 direct final rule
document, the Coast Guard modifies the (DFR) that approved a revision to the
33 CFR Part 117 dates of the previously approved Maryland state implementation plan
[Docket No. USCG–2017–0573]
temporary deviation to allow the I–64 (SIP). The revision was in response to
(High Rise) Bridge across the Atlantic EPA’s February 3, 2017 Findings of
Drawbridge Operation Regulation; Intracoastal Waterway, Southern Branch Failure to Submit for various
Southern Branch of the Elizabeth of the Elizabeth River, mile 7.1, at requirements relating to the 2008 8-hour
River, Chesapeake, VA Chesapeake, VA, to remain in the ozone national ambient air quality
closed-to-navigation position from standards (NAAQS). This SIP revision
AGENCY: Coast Guard, DHS. Midnight on November 29, 2017, was specific to nonattainment new
ACTION:Notice of deviation from through 11 p.m. on December 3, 2017. source review (NNSR) requirements.
drawbridge regulation; modification. At all other times, the bridge will open EPA stated in the direct final rule that
on signal if at least 24 hours notice is if EPA received adverse comments by
SUMMARY: The Coast Guard has modified given. The bridge has a vertical October 30, 2017, the rule would be
a temporary deviation from the clearance of 65 feet above mean high withdrawn and not take effect. EPA
operating schedule that governs the I–64 water in the closed position. The subsequently received an adverse
(High Rise) Bridge across the Atlantic current operating schedule is set out in comment. EPA will address the
Intracoastal Waterway, Southern Branch 33 CFR 117.997(e). comment received in a subsequent final
of the Elizabeth River, mile 7.1, at Vessels able to pass through the action based upon the proposed action
Chesapeake, VA. The deviation is bridge in the closed position may do so also published on September 29, 2017.
necessary to facilitate routine if at least 15 minutes notice is given. EPA will not institute a second
maintenance. This deviation allows the The bridge will not be able to open for comment period on this action. This
bridge to remain in the closed-to- emergencies and there is no immediate withdrawal action is being taken under
navigation position. alternate route for vessels unable to pass section 110 of the Clean Air Act.
DATES: The modified deviation is through the bridge in the closed DATES: The direct final rule published at
effective without actual notice from position. The Coast Guard will also 82 FR 45475, on September 29, 2017, is
November 22, 2017 through 11 p.m. on inform the users of the waterways withdrawn as of November 22, 2017.
December 3, 2017. For purposes of through our Local and Broadcast Notice ADDRESSES: EPA has established docket
enforcement, actual notice will be used to Mariners of the change in operating number EPA–R03–OAR–2017–0398 for
from 11:01 p.m. on November 22, 2017, schedule for the bridge so that vessel this action. The index to the docket is
until November 22, 2017. operators can arrange their transits to available electronically at https://
ADDRESSES: The docket for this minimize any impact caused by this www.regulations.gov and in hard copy
deviation, [USCG–2017–0573] is temporary deviation. at Air Protection Division, U.S.
available at http://www.regulations.gov. In accordance with 33 CFR 117.35(e), Environmental Protection Agency,
Type the docket number in the the drawbridge must return to its regular Region III, 1650 Arch Street,
‘‘SEARCH’’ box and click ‘‘SEARCH’’. operating schedule immediately at the Philadelphia, Pennsylvania 19103.
Click on Open Docket Folder on the line end of this effective period of this
FOR FURTHER INFORMATION CONTACT: Mrs.
associated with this deviation. temporary deviation. This deviation
Amy Johansen, (215) 814–2156, or by
from the operating regulations is
FOR FURTHER INFORMATION CONTACT: If email at johansen.amy@epa.gov.
authorized under 33 CFR 117.35.
you have questions on this modified SUPPLEMENTARY INFORMATION: On May 8,
temporary deviation, call or email Mr. Dated: November 17, 2017. 2017, the Maryland Department of the
Mickey Sanders, Bridge Administration Hal R. Pitts, Environment (MDE) submitted on behalf
Branch Fifth District, Coast Guard; Bridge Program Manager, Fifth Coast Guard of the State of Maryland a formal
telephone (757) 398–6587, email District. revision, requesting EPA’s approval for
Mickey.D.Sanders2@uscg.mil. [FR Doc. 2017–25250 Filed 11–21–17; 8:45 am] the SIP of its NNSR Certification for the
SUPPLEMENTARY INFORMATION: On BILLING CODE 9110–04–P 2008 Ozone Standard (Revision 17–01).
September 26, 2017, the Coast Guard The SIP revision is in response to EPA’s
published a temporary deviation final 2008 8-hour ozone NAAQS
entitled ‘‘Drawbridge Operation ENVIRONMENTAL PROTECTION Findings of Failure to Submit for NNSR
Regulation; Southern Branch of the AGENCY requirements. See 82 FR 9158 (February
Elizabeth River, Chesapeake, VA’’ in the 3, 2017). Specifically, Maryland is
Federal Register (82 FR 44733). That 40 CFR Part 52 certifying that its existing NNSR
document resulted from Virginia State [EPA–R03–OAR–2017–0398; FRL–9971–14– program, covering the Baltimore
Department of Transportation’s request Region 3] Nonattainment Area (which includes
for a temporary deviation, occurring Anne Arundel, Baltimore, Carroll,
from 7 a.m. on October 2, 2017, through Approval and Promulgation of Air Harford, and Howard Counties and the
11 p.m. on November 22, 2017, from the Quality Implementation Plans; city of Baltimore), the Philadelphia-
normal operation of the drawbridge to Maryland; Nonattainment New Source Wilmington-Atlantic City
accommodate routine maintenance to Review Requirements for the 2008 Nonattainment Area (which includes
ethrower on DSK3G9T082PROD with RULES
bridge. Subsequent to the approval of 8-Hour Ozone Standard; Withdrawal of Cecil County in Maryland), and the
that request, Virginia State Department Direct Final Rule Washington, DC Nonattainment Area
of Transportation requested a AGENCY: Environmental Protection (which includes Calvert, Charles,
modification to the temporary deviation, Agency (EPA). Frederick, Montgomery, and Prince
starting from 11:01 p.m. on November Georges Counties in Maryland) for the
ACTION: Withdrawal of direct final rule.
22, 2017, through 11 p.m. on December 2008 8-hour ozone NAAQS, is at least
VerDate Sep<11>2014 16:22 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\22NOR1.SGM 22NOR1](https://thefederalregister.org/doc/82_FR_55734/page/1.svg)
![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations 55511
as stringent as the requirements at 40 ENVIRONMENTAL PROTECTION base year inventory for the Baltimore,
CFR 51.165, as amended by the final AGENCY Maryland moderate nonattainment area
rule titled ‘‘Implementation of the 2008 for the 2008 8-hour ozone NAAQS on
National Ambient Air Quality Standards 40 CFR Part 52 October 3, 2017 (82 FR 45997). EPA will
for Ozone: State Implementation Plan [EPA–R03–OAR–2017–0396; FRL–9971–13– respond to the adverse comments in a
Requirements’’ (SIP Requirements Rule), Region 3] separate final rulemaking action.
for ozone and its precursors.1 See 80 FR List of Subjects in 40 CFR Part 52
12264 (March 6, 2015). Approval and Promulgation of Air
Quality Implementation Plans; Environmental protection, Air
Please see additional information pollution control, Incorporation by
Maryland; 2011 Base Year Inventory
provided in the direct final action for the 2008 8-Hour Ozone National reference, Nitrogen dioxide, Ozone,
published in the Federal Register on Ambient Air Quality Standard for the Reporting and recordkeeping
September 29, 2017 (82 FR 45475) and Baltimore, Maryland Nonattainment requirements, Volatile organic
in the companion proposed rule which Area; Withdrawal of Direct Final Rule compounds.
was also published on September 29, Dated: November 9, 2017.
2017 (82 FR 45547). In the DFR, we AGENCY: Environmental Protection
Cosmo Servidio,
stated that if we received adverse Agency (EPA).
Regional Administrator, Region III.
comment by October 30, 2017, the rule ACTION: Withdrawal of direct final rule.
■ Accordingly, the amendments to 40
would be withdrawn and not take effect.
SUMMARY: Due to adverse comments CFR part 52 published on October 3,
EPA subsequently received an adverse
received, the Environmental Protection 2017 (82 FR 45997) are withdrawn as of
comment. As a result of the comment November 22, 2017.
Agency (EPA) is withdrawing the
received, EPA is withdrawing the direct
October 3, 2017 direct final rule that [FR Doc. 2017–25323 Filed 11–21–17; 8:45 am]
final rule approving Maryland’s SIP
approved a state implementation plan BILLING CODE 6560–50–P
revision related to NNSR requirements (SIP) revision submitted by the State of
for the 2008 8-hour ozone standard. Maryland to add the 2011 base year
List of Subjects in 40 CFR Part 52 inventory for the Baltimore, Maryland ENVIRONMENTAL PROTECTION
moderate nonattainment area for the AGENCY
Environmental protection, Air 2008 8-hour ozone national ambient air
pollution control, Incorporation by quality standard (NAAQS) into 40 CFR Part 52
reference, Intergovernmental relations, Maryland’s SIP. EPA stated in the direct [EPA–R04–OAR–2009–0226; FRL–9971–12–
Nitrogen dioxide, Ozone, Reporting and final rule that if EPA received adverse Region 4]
recordkeeping requirements, Volatile comments by November 2, 2017, the
organic compounds. rule would be withdrawn and not take Air Plan Approval; GA: Emission
effect. EPA subsequently received Reduction Credits
Dated: November 9, 2017.
adverse comments. EPA will address the AGENCY: Environmental Protection
Cosmo Servidio, comments received in a subsequent
Regional Administrator, Region III.
Agency (EPA).
final action based upon the proposed
ACTION: Withdrawal of direct final rule.
rulemaking action also published on
■ Accordingly, the amendment to 40
October 3, 2017. EPA will not institute SUMMARY: Due to the receipt of an
CFR 52.1070(e) published on September
a second comment period on this action. adverse comment, the Environmental
29, 2017 (82 FR 45475) is withdrawn as
of November 22, 2017. DATES: The direct final rule published at Protection Agency (EPA) is withdrawing
82 FR 45997, on October 3, 2017, is the September 25, 2017, direct final rule
[FR Doc. 2017–25322 Filed 11–21–17; 8:45 am]
withdrawn as of November 22, 2017. that would have approved changes to
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT: the Georgia State Implementation Plan
Gavin Huang, (215) 814–2042, or by (SIP) to revise the Emission Reduction
email at huang.gavin@epa.gov. Credits (ERC) regulation. EPA will
SUPPLEMENTARY INFORMATION: On
address the comment in a separate final
December 20, 2016, the State of action based upon the proposed
Maryland submitted the 2011 base year rulemaking action, also published on
emission inventory through the September 25, 2017. EPA will not
Maryland Department of the institute a second comment period on
Environment (MDE) to meet the this action.
nonattainment requirements for DATES: The direct final rule published at
moderate ozone nonattainment areas for 82 FR 44519, on September 25, 2017, is
the 2008 8-hour ozone NAAQS. In the withdrawn, effective November 22,
direct final rule published on October 3, 2017.
2017 (82 FR 45997), EPA stated that if FOR FURTHER INFORMATION CONTACT:
1 The SIP Requirements Rule addresses a range of EPA received adverse comments by Sean Lakeman, Air Regulatory
nonattainment area SIP requirements for the 2008 November 2, 2017, the rule would be Management Section, Air Planning and
8-hour ozone NAAQS, including requirements withdrawn and not take effect. EPA Implementation Branch, Air, Pesticides
pertaining to attainment demonstrations, reasonable subsequently received adverse
ethrower on DSK3G9T082PROD with RULES
and Toxics Management Division, U.S.
further progress (RFP), reasonably available control comments from anonymous Environmental Protection Agency,
technology, reasonably available control measures,
commenters. Region 4, 61 Forsyth Street SW.,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
Because adverse comments were Atlanta, Georgia 30303–8960. Mr.
with emission control measures in the SIP. The rule received, EPA is withdrawing the direct Lakeman can be reached via telephone
also revokes the 1997 ozone NAAQS and final rule approving the revisions to the at (404) 562–9043 or via electronic mail
establishes anti-backsliding requirements. Maryland SIP that approves the 2011 at lakeman.sean@epa.gov.
VerDate Sep<11>2014 16:22 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\22NOR1.SGM 22NOR1](https://thefederalregister.org/doc/82_FR_55734/page/2.svg)
Document Created: 2017-11-22 00:48:38
Document Modified: 2017-11-22 00:48:38
| 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 45475, on September 29, 2017, is withdrawn as of November 22, 2017. | |
| Contact | Mrs. Amy Johansen, (215) 814-2156, or by email at [email protected] | |
| FR Citation | 82 FR 55510 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR