
[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Rules and Regulations]               
[Page 13124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr09-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0774; FRL-8786-8]
RIN 2060-AP35

 
Rulemaking To Reaffirm the Promulgation of Revisions of the Acid 
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received an adverse comment, EPA is withdrawing 
the direct final rule for ``Rulemaking to Reaffirm the Promulgation of 
Revisions of the Acid Rain Program Rules,'' which was published in the 
Federal Register on December 15, 2008.

DATES: Effective March 26, 2009, EPA withdraws the direct final rule 
published at 73 FR 75954 on December 15, 2008.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Clean Air Markets 
Division, U.S. Environmental Protection Agency, Clean Air Markets 
Division, Mailcode: 6204J, Ariel Rios Building, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460, telephone (202) 343-9151, e-mail at 
alpern.dwight@epa.gov.

SUPPLEMENTARY INFORMATION: Because EPA received an adverse comment, EPA 
is withdrawing the direct final rule for ``Rulemaking to Reaffirm the 
Promulgation of Revisions of the Acid Rain Program Rules,'' which was 
published on December 15, 2008 (73 FR 75954).
    EPA stated in that direct final rule that if EPA received adverse 
comment by January 29, 2009, the direct final rule would not take 
effect and EPA would publish a timely withdrawal of the direct final 
rule in the Federal Register. EPA subsequently received an adverse 
comment on the direct final rule.
    Because EPA received an adverse comment, EPA is withdrawing the 
direct final rule for ``Rulemaking to Reaffirm the Promulgation of 
Revisions of the Acid Rain Program Rules.'' As stated in the parallel 
proposed rule (73 FR 75983) published on the same day as the direct 
final rule, EPA will not institute a second comment period in this 
proceeding concerning the Acid Rain Program rule revisions addressed in 
the direct final and parallel proposed rules. EPA will address the 
adverse comment on the direct final rule in a subsequent final rule 
based on the parallel proposed rule.
    The revisions of the Acid Rain Program rules whose promulgation EPA 
proposed to reaffirm in the parallel proposed rule were described in 
detail, along with EPA's reasons for such reaffirmation, in the interim 
final rule (73 FR 75959) that was published on the same day as the 
direct final and that reaffirmed--on an interim basis pending final 
action in this proceeding--the promulgation of the Acid Rain Program 
rule revisions. EPA notes that it is not withdrawing the interim final 
rule.

List of Subjects in 40 CFR Parts 72, 73, 74, 77, and 78

    Environmental protection, Acid rain, Administrative practice and 
procedure, Air pollution control, Electric utilities, Intergovernmental 
relations, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: March 19, 2009.
Elizabeth Craig,
Acting Assistant Administrator.

0
Accordingly, the direct final rule published in the Federal Register on 
December 15, 2008 (73 FR 75954) is withdrawn as of March 26, 2009.

[FR Doc. E9-6764 Filed 3-25-09; 8:45 am]

BILLING CODE 6560-50-P
