[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: 2017-25014]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0215; FRL-9970-80-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Removal of Clean Air Interstate Rule (CAIR) 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 28, 2017 direct 
final rule (DFR) that approved a revision to the Virginia state 
implementation plan (SIP). The revision removed from the Virginia SIP 
regulations from the Virginia Administrative Code that established EPA-
administered trading programs under the Clean Air Interstate Rule 
(CAIR), which were discontinued on December 31, 2014 upon the 
implementation of the Cross-State Air Pollution Rule (CSAPR). EPA 
stated in the direct final rule that if EPA received adverse comments 
by October 30, 2017, the rule would be withdrawn and not take effect. 
EPA subsequently received an adverse comment. EPA will address the 
comments received in a subsequent final action based upon the proposed 
action also published on September 28, 2017. EPA will not institute a 
second comment period on this action.

DATES: The direct final rule published at 82 FR 45187 on September 28, 
2017 is withdrawn effective November 20, 2017.

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

SUPPLEMENTARY INFORMATION: On January 5, 2017, the Commonwealth of 
Virginia, through the Virginia Department of Environmental Quality 
(VADEQ), submitted a SIP revision (Revision D16) that requested removal 
from its SIP of Virginia Administrative Code regulations that 
implemented the CAIR annual nitrogen oxide (NOX), ozone 
season NOX, and annual sulfur dioxide (SO2) 
trading programs in Virginia. These regulations were replaced by 
trading programs under the CSAPR federal implementation plan (FIP) on 
January 1, 2015 (December 3, 2014, 79 FR 71663) and are therefore 
obsolete and moot.
    EPA had approved Virginia's SIP revision removing the CAIR annual 
NOX, ozone season NOX, and annual SO2 
trading programs from the Virginia SIP in the DFR published on 
September 28, 2017 (82 FR 45187). In this DFR, we stated that if we 
received adverse comment by October 30, 2017, the rule would be 
withdrawn and not take effect. EPA subsequently received an adverse 
comment. On September 28, 2017 (82 FR 45187), EPA simultaneously 
proposed to approve these revisions to the Virginia SIP. EPA will 
address the comments 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 comments received, EPA is withdrawing the DFR 
approving Virginia's SIP revision related to the removal of the CAIR 
annual NOX, ozone season NOX, and annual 
SO2 trading programs from the Virginia SIP.

List of Subjects in 40 CFR Part 52

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

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

0
Accordingly, the amendments to 40 CFR 52.2420(c) published on September 
28, 2017 (82 FR 45187), are withdrawn effective November 20, 2017.

[FR Doc. 2017-25014 Filed 11-17-17; 8:45 am]
 BILLING CODE 6560-50-P


