[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Page 13124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6764]
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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
[email protected].
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.
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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