Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs; Withdrawal of Direct Final Rule, 55052 [2017-25014]

Download as PDF 55052 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Rules and Regulations 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 Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: 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 EPA stated in the direct final rule that if EPA received adverse comments by October 27, 2017, the rule would be withdrawn and not take effect.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 DATES: The direct final rule published at 82 FR 44932 on September 27, 2017 is withdrawn effective November 20, 2017.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 schmitt.ellen@epa.gov. 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, sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:26 Nov 17, 2017 Jkt 244001 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. 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2017–0215; FRL–9970–80– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs; Withdrawal of Direct Final Rule Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: Due to receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 28, 2017 direct final rule (DFR) that approved a revision to the Virginia state implementation plan (SIP). The revision removed from the Virginia SIP regulations from the Virginia Administrative Code that established EPA-administered trading programs under the Clean Air Interstate Rule (CAIR), which were discontinued on December 31, 2014 upon the implementation of the Cross-State Air Pollution Rule (CSAPR). 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 comments received in a subsequent SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 final action based upon the proposed action also published on September 28, 2017. EPA will not institute a second comment period on this action. DATES: The direct final rule published at 82 FR 45187 on September 28, 2017 is withdrawn effective November 20, 2017. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814–2043, or by email at calcinore.sara@epa.gov. SUPPLEMENTARY INFORMATION: On January 5, 2017, the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VADEQ), submitted a SIP revision (Revision D16) that requested removal from its SIP of Virginia Administrative Code regulations that implemented the CAIR annual nitrogen oxide (NOX), ozone season NOX, and annual sulfur dioxide (SO2) trading programs in Virginia. These regulations were replaced by trading programs under the CSAPR federal implementation plan (FIP) on January 1, 2015 (December 3, 2014, 79 FR 71663) and are therefore obsolete and moot. EPA had approved Virginia’s SIP revision removing the CAIR annual NOX, ozone season NOX, and annual SO2 trading programs from the Virginia SIP in the DFR published on September 28, 2017 (82 FR 45187). In this 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. On September 28, 2017 (82 FR 45187), EPA simultaneously proposed to approve these revisions to the Virginia SIP. EPA will address the comments received in a subsequent final action based upon this proposed action and will not institute a second comment period on this action. As a result of the comments received, EPA is withdrawing the DFR approving Virginia’s SIP revision related to the removal of the CAIR annual NOX, ozone season NOX, and annual SO2 trading programs from the Virginia SIP. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: November 3, 2017. Cosmo Servidio, Regional Administrator, Region III. Accordingly, the amendments to 40 CFR 52.2420(c) published on September 28, 2017 (82 FR 45187), are withdrawn effective November 20, 2017. ■ [FR Doc. 2017–25014 Filed 11–17–17; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\20NOR1.SGM 20NOR1

Agencies

[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Rules and Regulations]
[Page 55052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25014]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0215; FRL-9970-80-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs; 
Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the September 28, 2017 direct 
final rule (DFR) that approved a revision to the Virginia state 
implementation plan (SIP). The revision removed from the Virginia SIP 
regulations from the Virginia Administrative Code that established EPA-
administered trading programs under the Clean Air Interstate Rule 
(CAIR), which were discontinued on December 31, 2014 upon the 
implementation of the Cross-State Air Pollution Rule (CSAPR). 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 
comments received in a subsequent final action based upon the proposed 
action also published on September 28, 2017. EPA will not institute a 
second comment period on this action.

DATES: The direct final rule published at 82 FR 45187 on September 28, 
2017 is withdrawn effective November 20, 2017.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at calcinore.sara@epa.gov.

SUPPLEMENTARY INFORMATION: On January 5, 2017, the Commonwealth of 
Virginia, through the Virginia Department of Environmental Quality 
(VADEQ), submitted a SIP revision (Revision D16) that requested removal 
from its SIP of Virginia Administrative Code regulations that 
implemented the CAIR annual nitrogen oxide (NOX), ozone 
season NOX, and annual sulfur dioxide (SO2) 
trading programs in Virginia. These regulations were replaced by 
trading programs under the CSAPR federal implementation plan (FIP) on 
January 1, 2015 (December 3, 2014, 79 FR 71663) and are therefore 
obsolete and moot.
    EPA had approved Virginia's SIP revision removing the CAIR annual 
NOX, ozone season NOX, and annual SO2 
trading programs from the Virginia SIP in the DFR published on 
September 28, 2017 (82 FR 45187). In this 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. On September 28, 2017 (82 FR 45187), EPA simultaneously 
proposed to approve these revisions to the Virginia SIP. EPA will 
address the comments received in a subsequent final action based upon 
this proposed action and will not institute a second comment period on 
this action.
    As a result of the comments received, EPA is withdrawing the DFR 
approving Virginia's SIP revision related to the removal of the CAIR 
annual NOX, ozone season NOX, and annual 
SO2 trading programs from the Virginia SIP.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

0
Accordingly, the amendments to 40 CFR 52.2420(c) published on September 
28, 2017 (82 FR 45187), are withdrawn effective November 20, 2017.

[FR Doc. 2017-25014 Filed 11-17-17; 8:45 am]
 BILLING CODE 6560-50-P