[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28785-28786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11845]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 97

[EPA-HQ-OAR-2009-0491; FRL-9671-4]
RIN 2060-AR35


Revisions to Federal Implementation Plans To Reduce Interstate 
Transport of Fine Particulate Matter and Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: The EPA issued ``Revisions to Federal Implementation Plans To 
Reduce Interstate Transport of Fine Particulate Matter and Ozone'' as a 
direct final rule on February 21, 2012. Because the EPA received 
adverse comments on this action, we are withdrawing the direct final 
rule.

DATES: As of May 16, 2012, the EPA withdraws the direct final rule 
revisions published on February 21, 2012, at 77 FR 10342.

FOR FURTHER INFORMATION CONTACT: Jeremy Mark, U.S. Environmental 
Protection Agency, Clean Air Markets Division, MC 6204J, Ariel Rios 
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20460, telephone 
(202) 343-9087, email at mark.jeremy@epa.gov. Electronic copies of this 
document can be accessed through the EPA Web site at: http://epa.gov/airmarkets.

SUPPLEMENTARY INFORMATION: The EPA issued ``Revisions to Federal 
Implementation Plans To Reduce Interstate Transport of Fine Particulate 
Matter and Ozone'' as a direct final rule on February 21, 2012. See 77 
FR 10342. The direct final rule would have amended the preamble and 
rule text to the ``Federal Implementation Plans: Interstate Transport 
of Fine Particulate Matter and Ozone and Correction of SIP Approvals'' 
(Transport Rule), published August 8, 2011, to revise certain state 
emission budgets, variability limits, and new unit set-asides. 
Specifically, this direct final rule would have revised 2012 and/or 
2014 state budgets and variability limits in Arkansas, Georgia, 
Indiana, Kansas, Louisiana, Mississippi, Missouri, New York, Nebraska, 
Ohio, Oklahoma, South Carolina, and Texas, and revised new unit set-
asides in Arkansas, Louisiana, and Missouri. See 77 FR 10342.
    The EPA also issued a parallel proposal on February 21, 2012, that 
proposed to make the same revisions outlined in the direct final rule. 
See 77 FR 10350. The EPA stated in the direct final rule revisions that 
if we received significant adverse comment by February 21, 2012, we 
would publish a timely notice of withdrawal of the direct final rule in 
the Federal Register.
    The EPA received several comments on the direct final rule and the 
parallel proposal. Many of the comments support the specific revisions 
made in the direct final rule, but some are adverse or adverse in part. 
Generally, where the comments are adverse, they support the revisions 
that would have been made by the direct final rule but argue the 
revisions should have gone further. In addition, a number of the 
comments duplicate comments to which EPA has previously responded.
    Because EPA received adverse comments, we are withdrawing the 
direct final rule, ``Revisions to Federal Implementation Plans To 
Reduce Interstate Transport of Fine Particulate Matter and Ozone.'' 77 
FR 10342. The EPA intends to act on the parallel

[[Page 28786]]

proposal as expeditiously as possible and will address relevant 
comments in that final action. As stated in the parallel proposal, the 
EPA will not institute a second comment period on this action.

List of Subjects in 40 CFR Part 97

    Administrative practice and procedure, Air pollution control, 
Electric utilities, Nitrogen oxides, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: May 10, 2012.
Lisa P. Jackson,
Administrator.

PART 97--[AMENDED]

0
Accordingly, the revisions to the rule published in the Federal 
Register on February 21, 2012 (77 FR 10342) on pages 10342-10349 are 
withdrawn as of May 16, 2012.

[FR Doc. 2012-11845 Filed 5-15-12; 8:45 am]
BILLING CODE 6560-50-P