[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55510-55511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25322]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0398; FRL-9971-14-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Nonattainment New Source Review Requirements for the 2008 8-
Hour 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 the receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the September 29, 2017 direct 
final rule (DFR) that approved a revision to the Maryland state 
implementation plan (SIP). The revision was in response to EPA's 
February 3, 2017 Findings of Failure to Submit for various requirements 
relating to the 2008 8-hour ozone national ambient air quality 
standards (NAAQS). This SIP revision was specific to nonattainment new 
source review (NNSR) requirements. 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would be withdrawn and not take effect.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 comment received in a subsequent 
final action based upon the proposed action also published on September 
29, 2017. EPA will not institute a second comment period on this 
action. This withdrawal action is being taken under section 110 of the 
Clean Air Act.

DATES: The direct final rule published at 82 FR 45475, on September 29, 
2017, is withdrawn as of November 22, 2017.

ADDRESSES: EPA has established docket number EPA-R03-OAR-2017-0398 for 
this action. The index to the docket is available electronically at 
https://www.regulations.gov and in hard copy at Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, (215) 814-2156, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: On May 8, 2017, the Maryland Department of 
the Environment (MDE) submitted on behalf of the State of Maryland a 
formal revision, requesting EPA's approval for the SIP of its NNSR 
Certification for the 2008 Ozone Standard (Revision 17-01). The SIP 
revision is in response to EPA's final 2008 8-hour ozone NAAQS Findings 
of Failure to Submit for NNSR requirements. See 82 FR 9158 (February 3, 
2017). Specifically, Maryland is certifying that its existing NNSR 
program, covering the Baltimore Nonattainment Area (which includes Anne 
Arundel, Baltimore, Carroll, Harford, and Howard Counties and the city 
of Baltimore), the Philadelphia-Wilmington-Atlantic City Nonattainment 
Area (which includes Cecil County in Maryland), and the Washington, DC 
Nonattainment Area (which includes Calvert, Charles, Frederick, 
Montgomery, and Prince Georges Counties in Maryland) for the 2008 8-
hour ozone NAAQS, is at least

[[Page 55511]]

as stringent as the requirements at 40 CFR 51.165, as amended by the 
final rule titled ``Implementation of the 2008 National Ambient Air 
Quality Standards for Ozone: State Implementation Plan Requirements'' 
(SIP Requirements Rule), for ozone and its precursors.\1\ See 80 FR 
12264 (March 6, 2015).
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Please see additional information provided in the direct final 
action published in the Federal Register on September 29, 2017 (82 FR 
45475) and in the companion proposed rule which was also published on 
September 29, 2017 (82 FR 45547). In the 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. As a result of the comment received, EPA is withdrawing the 
direct final rule approving Maryland's SIP revision related to NNSR 
requirements for the 2008 8-hour ozone standard.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 9, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

0
Accordingly, the amendment to 40 CFR 52.1070(e) published on September 
29, 2017 (82 FR 45475) is withdrawn as of November 22, 2017.

[FR Doc. 2017-25322 Filed 11-21-17; 8:45 am]
 BILLING CODE 6560-50-P


