[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Page 11042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3800]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-0183; FRL-8535-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Illinois; Revisions to Emission Reduction Market System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is withdrawing the January 30, 2008 (73 FR 5435), direct 
final rule approving revisions to the State of Illinois' rules for its 
Emission Reduction Market System (ERMS).
    In the direct final rule, EPA commented on statements in and 
implications of a memorandum from Robert Meyers, Principal Deputy 
Assistant Administrator for Air and Radiation, to EPA's Regional 
Administrators dated October 3, 2007. (The rule gave an incorrect date 
of October 7, 2007.) The memorandum addresses the status of new source 
review criteria for ozone nonattainment areas based on a decision by 
the Court of Appeals for the DC Circuit in the case of South Coast Air 
Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006).
    In commenting upon the memorandum of Robert Meyers in the direct 
final rule of January 30, 2008, Region 5 unintentionally addressed an 
issue of national policy. As the issue is one of national policy, the 
implications of the Court ruling should only be addressed in national 
guidance and rulemaking. Notwithstanding our observations regarding the 
implications of the Robert Meyers memorandum, the rationale for 
proposing to approve the ERMS rule revisions did not rely on these 
observations, and so the soundness of EPA's proposal is not affected. 
Therefore, EPA is withdrawing the January 30, 2008, direct final rule, 
but announcing today that the associated proposed rule will stand as a 
proposed rule. (See 73 FR 5471). Comments on the proposed rule continue 
to be due on February 29, 2008. EPA will publish a revised final rule 
after considering any comments that it may receive. EPA will not 
institute a second comment period on this action.

DATES: The direct final rule published at 73 FR 5435 on January 30, 
2008, is withdrawn as of February 29, 2008. Comments on the proposed 
rule published at 73 FR 5471 on January 30, 2008, remain due on 
February 29, 2008.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental 
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6067, [email protected].

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 21, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
Accordingly, the amendments to 40 CFR 52.720 which published in the 
Federal Register on January 30, 2008 (72 FR 5435) on page 5439 are 
withdrawn as of February 29, 2008.

 [FR Doc. E8-3800 Filed 2-28-08; 8:45 am]
BILLING CODE 6560-50-P