MoreDue to a number of adverse public comments, the EPA
decided to withdraw portions of a rule to reduce the interstate transport of
fine particulate matter and ozone.
On Feb. 21, 2012, the EPA issued a direct final rule titled, Revisions to Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone. The original purpose of the rule was to amend the preamble and text of the rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, which was published on Aug. 8, 2011. Specifically, this direct final rule would have revised 2012 and/or 2014 state budgets and variability limits in Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, New York, Nebraska, Ohio, Oklahoma, South Carolina, and Texas, and revised new unit set-asides in Arkansas, Louisiana, and Missouri. The agency also published a parallel proposal to the rule on Feb. 21, 2012.
In the final direct rule published in February, the EPA said that if the agency received significant adverse comments that they would publish a notice of withdrawal in the Federal Register. The EPA did receive several comments on the direct final rule as well as the parallel proposed rule. According to the EPA’s published comments, many of the comments supported the changes and many of those that were adverse suggested that the rules did not go far enough. The agency further said that because they received adverse comments, they were withdrawing the direct final rule and that they would act on the parallel proposal as quickly as they could. The EPA plans to address relevant comments in that final action. Finally, the agency does not plan to have a second comment period on actions taken when they make that announcement.
The revisions are withdrawn effective May 16, 2012.
On Feb. 21, 2012, the EPA issued a direct final rule titled, Revisions to Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone. The original purpose of the rule was to amend the preamble and text of the rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, which was published on Aug. 8, 2011. Specifically, this direct final rule would have revised 2012 and/or 2014 state budgets and variability limits in Arkansas, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, New York, Nebraska, Ohio, Oklahoma, South Carolina, and Texas, and revised new unit set-asides in Arkansas, Louisiana, and Missouri. The agency also published a parallel proposal to the rule on Feb. 21, 2012.
In the final direct rule published in February, the EPA said that if the agency received significant adverse comments that they would publish a notice of withdrawal in the Federal Register. The EPA did receive several comments on the direct final rule as well as the parallel proposed rule. According to the EPA’s published comments, many of the comments supported the changes and many of those that were adverse suggested that the rules did not go far enough. The agency further said that because they received adverse comments, they were withdrawing the direct final rule and that they would act on the parallel proposal as quickly as they could. The EPA plans to address relevant comments in that final action. Finally, the agency does not plan to have a second comment period on actions taken when they make that announcement.
The revisions are withdrawn effective May 16, 2012.
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