[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: 2017-25022]



[[Page 55052]]

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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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: 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2017, the rule would be withdrawn and not take effect.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2017 is withdrawn effective November 20, 2017.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 
[email protected].

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, 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.


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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