[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55510-55511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25322]
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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.
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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would be withdrawn and not take effect.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2017, is withdrawn as of November 22, 2017.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).
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\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.
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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.
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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]
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