
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]               
[Page 76219-76220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de08-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8752-2]
RIN 2060-AP28

 
The Treatment of Data Influenced by Exceptional Events 
(Exceptional Event Rule): Revised Exceptional Event Data Flagging 
Submittal and Documentation Schedule To Support Initial Area 
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: The EPA issued ``The Treatment of Data Influenced by 
Exceptional Events (Exceptional Event Rule): Revised Exceptional Event 
Data Flagging Submittal and Documentation Schedule for Monitoring Data 
Used in Designations for the 2008 Ozone NAAQS'' as a direct final rule 
on October 6, 2008, 73 FR 58042. Because EPA received an adverse 
comment, we are withdrawing the direct final rule amendments to ``The 
Treatment of Data Influenced by Exceptional Events (Exceptional Event 
Rule): Revised Exceptional Event Data Flagging Submittal and 
Documentation Schedule to Support Initial Area Designations for the 
2008 Ozone NAAQS'' published in the Federal Register on October 6, 2008 
(73 FR 58042).

DATES: As of December 16, 2008, EPA withdraws the direct final rule 
amendments published on October 6, 2008 (73 FR 58042).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2005-0159. All documents in the docket are listed on the 
http://www.regulations.gov Web Site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning 
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711; telephone number: 919-541-5456; fax number: 919-541-
0824; e-mail address: link.tom@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action affects states and local air quality agencies and may 
also affect Tribal air quality agencies that have implemented air 
quality monitoring networks or have authority to implement air quality 
programs.

II. Background Information

    The EPA issued ``The Treatment of Data Influenced by Exceptional 
Events (Exceptional Event Rule): Revised Exceptional Event Data 
Flagging Submittal and Documentation Schedule

[[Page 76220]]

for Monitoring Data Used in Designations for the 2008 Ozone NAAQS'' as 
a direct final rule on October 6, 2008, 73 FR 58042. The direct final 
rule revises the schedule for the flagging and submission of 
documentation of data impacted by exceptional events that may be used 
for designations under the 2008 ozone National Ambient Air Quality 
Standards (NAAQS). For a detailed description of the ozone NAAQS and 
the Exceptional Events Rule, please see the rulemaking actions which 
are available at EPA's Web sites at http://www.epa.gov/
groundlevelozone/actions.html and http://www.epa.gov/EPA-AIR/2008/
October/Day-06/a23520.htm and also in the Federal Register at 73 FR 
16436 and 73 FR 58042.
    We stated in the direct final rule amendments that if we received 
adverse comment by November 20, 2008, we would publish a timely notice 
of withdrawal in the Federal Register. We received an adverse comment 
on the direct final rule amendments on November 20, 2008. Because EPA 
received adverse comment, we are withdrawing the direct final rule 
amendments to ``The Treatment of Data Influenced by Exceptional Events 
(Exceptional Event Rule): Revised Exceptional Event Data Flagging 
Submittal and Documentation Schedule to Support Initial Area 
Designations for the 2008 Ozone NAAQS'' published in the Federal 
Register on October 6, 2008 (73 FR 58042), as of December 16, 2008. EPA 
will address adverse comments received in a subsequent final action 
based on the parallel proposal also published on October 6, 2008. As 
stated in the parallel proposal, we will not institute a second comment 
period on this action.

List of Subjects in 40 CFR Part 50

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur dioxide, Volatile organic compounds.

    Dated: December 10, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.

PART 50--[AMENDED]

0
Accordingly, the amendments to the rule published in the Federal 
Register on October 6, 2008 (73 FR 58042) on pages 58042-58047 are 
withdrawn as of December 16, 2008.

[FR Doc. E8-29747 Filed 12-15-08; 8:45 am]

BILLING CODE 6560-50-P
