[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Pages 54298-54299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24885]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0149; FRL-9970-82-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National 
Ambient Air Quality Standard for the Maryland Portion of the 
Philadelphia-Wilmington-Atlantic City Nonattainment Area; Withdrawal

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 25, 2017 direct 
final rule that approved the 2011 base year inventory for the Maryland 
portion of the Philadelphia-Wilmington-Atlantic City marginal 
nonattainment area for the 2008 8-hour ozone national ambient air 
quality standard (NAAQS). EPA stated in the direct final rule that if 
EPA received adverse comments by October 25, 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withdrawn and not take effect.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 25, 
2017. EPA will not institute a second comment period on this action.

DATES: As of as of November 17, 2017, the direct final rule published 
at 82 FR 44522 on September 25, 2017 is withdrawn.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On May 21, 2012, the Philadelphia-
Wilmington-Atlantic City area was designated as marginal nonattainment 
for the 2008 8-hour ozone NAAQS. 77 FR 30088. The Philadelphia-
Wilmington-Atlantic City nonattainment area is comprised of Cecil 
County in Maryland, as well as counties in Delaware, New Jersey, and 
Pennsylvania. Under section 172(c)(3) of the Clean Air Act (CAA), 
Maryland is required to submit a comprehensive, accurate, and current 
inventory of actual emissions from all sources of the relevant 
pollutants, i.e. the ozone precursors nitrogen oxides (NOX) 
and volatile organic compounds (VOCs), in its marginal nonattainment 
area, i.e., the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area. On January 19, 2017, the State of 
Maryland, through the Maryland Department of the Environment (MDE), 
submitted a formal revision (state implementation plan (SIP) # 16-15) 
to its SIP. The SIP revision consists of the 2011 base year inventory 
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS.
    EPA approved Maryland's 2011 base year inventory for the Maryland 
portion of the Philadelphia-Wilmington-Atlantic City nonattainment area 
for the 2008 8-hour ozone NAAQS in the direct final rule published on 
September 25, 2017 (82 FR 44522). In this direct final rule, we stated 
that if we received adverse comment by October 25, 2017, the rule would 
be withdrawn and not take effect. EPA subsequently received an adverse 
comment. On September 25, 2017 (82 FR 44522), EPA simultaneously 
proposed to approve Maryland's 2011 base year inventory for the 
Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS. EPA will address 
the comment 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 comment received, EPA is withdrawing the direct 
final rule approving Maryland's 2011 base year inventory for the 
Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS.

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.


[[Page 54299]]


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

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Accordingly, the amendment to Sec.  52.1070(e) published on September 
25, 2017 (82 FR 44522), which were to become effective November 24, 
2017, is withdrawn.

[FR Doc. 2017-24885 Filed 11-16-17; 8:45 am]
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