[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Rules and Regulations]
[Pages 58341-58342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26408]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0574; FRL-9971-56-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Removal of Clean Air Interstate Rule Trading Programs 
Replaced by Cross-State Air Pollution Rule Trading Programs; Withdrawal 
of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the September 25, 2017 direct 
final rule that approved two state implementation plan (SIP) revisions 
submitted by the State of West Virginia removing the Clean Air 
Interstate Rule (CAIR) annual nitrogen oxide (NOX) and 
annual sulfur dioxide (SO2) trading programs from the West 
Virginia SIP.

DATES: The direct final rule published at 82 FR 44525 on September 25, 
2017 is withdrawn as of December 12, 2017.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On July 13, 2016, the State of West 
Virginia, through the West Virginia Department of Environmental 
Protection (WVDEP), submitted three SIP revisions requesting that EPA 
remove from its SIP three regulations that implemented the CAIR (70 FR 
25162, May 12, 2005) trading programs: Regulation 45CSR39--Control of 
Annual Nitrogen Oxides Emissions, Regulation 45CSR40--Control of Ozone 
Season Nitrogen Oxides Emissions, and Regulation 45CSR41--Control of 
Annual Sulfur Dioxide Emissions. The September 25, 2017 action 
pertained to the two submittals that requested removal of 45CSR39 and 
45CSR41, the CAIR annual NOX and annual SO2 
trading programs, respectively, from the West Virginia SIP. The 
submittal pertaining to removal of the CAIR ozone season NOX 
trading program was not a part of that action and is being addressed in 
a separate action. In the direct final rule published on September 25, 
2017 (82 FR 44525), EPA stated 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October 25, 2017, the rule would be withdrawn and not take effect.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 from an anonymous commenter.

[[Page 58342]]

    Because an adverse comment was received, EPA is withdrawing the 
direct final rule approving the revisions to the West Virginia SIP that 
remove the CAIR annual trading programs for NOX and 
SO2. EPA will address the comment received in a subsequent 
final action based upon the proposed rulemaking action also published 
on September 25, 2017 (82 FR 44544), for the two July 13, 2016 SIP 
submissions. EPA will not institute a second comment period on this 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: November 22, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

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Accordingly, the amendments to Sec.  52.2520(c) published on September 
25, 2017 (82 FR 44525), which were to become effective December 26, 
2017, are withdrawn as of December 12, 2017.

[FR Doc. 2017-26408 Filed 12-11-17; 8:45 am]
 BILLING CODE 6560-50-P