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Approval and Promulgation of Implementation Plans; Kentucky; Section 110(a)(1) Maintenance Plans for the 1997 8-Hour Ozone Standard for the Huntington-Ashland Area, Lexington Area and Edmonson County; Withdrawal of Direct Final Rule 

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[Federal Register: May 5, 2009 (Volume 74, Number 85)]
[Rules and Regulations]
[Page 20601]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my09-13]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1186-200821(w); FRL-8900-4]

Approval and Promulgation of Implementation Plans; Kentucky;
Section 110(a)(1) Maintenance Plans for the 1997 8-Hour Ozone Standard
for the Huntington-Ashland Area, Lexington Area and Edmonson County;
Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to an adverse comment, EPA is withdrawing the direct final
rule, published March 25, 2009, approving a revision to the State
Implementation Plan (SIP) of the Commonwealth of Kentucky. This
revision was provided in accordance with Kentucky's obligations to meet
the statutory and regulatory requirements related to the 1997 8-hour
ozone standard and section 110(a)(1) of the Clean Air Act for the
Huntington-Ashland Area, Lexington Area and Edmonson County. As stated
in the direct final rule, if EPA received an adverse comment by April
24, 2009, the rule would be withdrawn and not take effect. EPA
subsequently received an adverse comment on April 17, 2009. EPA will
address the comment in a subsequent final action based upon the
proposed action also published on March 25, 2009. EPA will not
institute a second comment period on this action.

DATES: The direct final rule published March 25, 2009, at 74 FR 12567,
is withdrawn effective May 5, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9040. Ms. Benjamin can also be reached
via electronic mail at benjamin.lynorae@epa.gov.

List of Subjects in 40 CFR Part 52

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

    Dated: April 24, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    Accordingly, the amendments to 40 CFR 52.920 (which were published
in the Federal Register on March 25, 2009, at 74 FR 12567) are
withdrawn effective May 5, 2009.

[FR Doc. E9-10333 Filed 5-4-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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