Laws / Regulations

Pennslyvania

Withdrawal of the Direct Final Rule Removing the Federal Antidegradation Policy for Pennsylvania and Reopening of the Public Comment Period

EPA-823-F-08-014; November 2008

In two separate actions, the U.S. Environmental Protection Agency (EPA) is withdrawing a direct final rule that the Agency published on September 15, 2008, and re-opening the public comment period on a parallel proposal that that was published the same day. The direct final rule would have removed the federal antidegradation policy for the Commonwealth of Pennsylvania. EPA is reopening the comment period on the proposed rule in a separate action to allow interested parties to comment before the Agency takes final action on the proposed rule.

Background
Impacts
For more information

Background

The September 15, 2008 direct final rule (73 FR 53140) would have removed from the Code of Federal Regulations a rule that EPA promulgated in 1996 making provisions of the federal antidegradation policy directly applicable for all waters of the United States within the Commonwealth of Pennsylvania. Through this action, EPA is withdrawing the direct final rule prior to its effective date.

Also on September 15, 2008, EPA published a parallel proposed rule to remove the federal antidegradation policy applicable as it applies to waters in Pennsylvania. EPA has determined that additional opportunity for public comment would be beneficial. Therefore, EPA is re-opening the comment period of the proposed rule to ensure all parties have adequate opportunity to express their views to the Agency prior to taking final action regarding removal of the federal regulation at 40 CFR 131.32.

Impacts

These actions, when finalized, prevent the direct final rule from taking effect and reopen the comment period for the proposed rule to the public.

For more information

Contact Caroline Whitehead (whitehead.caroline@epa.gov) at 202-566-2907 or Denise Hakowski (hakowski.denise@epa.gov) at 215-814-5726.