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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Page 1903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00433]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2021-0863; EPA-R03-OAR-2023-0179; FRL-12161-03-OAR]
RIN 2060-AW38

Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction; Partial Withdrawals of Findings of Failure To Submit State 
Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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SUMMARY: Due to the receipt of adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the November 26, 2024, direct 
final rule to partially withdraw two final actions finding that 13 
States and/or local air pollution control agencies failed to submit 
State Implementation Plan (SIP) revisions required by the Clean Air Act 
(CAA) in a timely manner to address the EPA's 2015 findings of 
substantial inadequacy and ``SIP calls'' for provisions applying to 
excess emissions during periods of startup, shutdown, and malfunction 
(SSM). The EPA will address all comments received in a subsequent final 
rule for which the EPA will not institute a second comment period.

DATES: Effective January 10, 2025, the EPA withdraws the direct final 
rule published at 89 FR 93187 on November 26, 2024.

FOR FURTHER INFORMATION CONTACT: General questions concerning this 
document should be addressed to, Sydney Lawrence, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander 
Drive, Research Triangle Park, NC 27711; by telephone (919) 541-4768; 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: On November 26, 2024, the EPA published a 
direct final rule (89 FR 93187) to partially withdraw two final actions 
finding that 13 States and/or local air pollution control agencies 
failed to submit SIP revisions required by the CAA to address the EPA's 
2015 findings of substantial inadequacy and ``SIP calls'' for 
provisions applying to excess emissions during periods of SSM. In the 
proposal for the direct final rule published on the same day (89 FR 
93243), the EPA stated that written comments must be received on or 
before December 26, 2024. The EPA stated that if any relevant adverse 
comments are received on the proposal, the EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register. On 
December 22, 2024, an adverse comment dated December 18, 2024, was 
posted in the docket that the EPA interprets as relevant and adverse. 
Therefore, the EPA is withdrawing the direct final rule and will 
publish a subsequent final rule wherein the EPA will address all 
comments received. The EPA will not institute a second comment period 
on the subsequent final rule.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Approval and promulgation of implementation 
plans, Incorporation by reference, Intergovernmental relations, and 
Reporting and recordkeeping requirements.

Joesph Goffman,
Assistant Administrator.
[FR Doc. 2025-00433 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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