[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13367-13368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6110]
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[[Page 13368]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[VA37-1-6812a; FRL-5170-9]
Designation of Areas for Air Quality Planning Purposes; Virginia;
Withdrawal of Final Rule Pertaining to the Clean Air Act Promulgation
of Reclassification of the Hampton Roads Ozone Nonattainment Area in
Virginia and Attainment Determinations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of direct final rule.
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SUMMARY: On January 17, 1995, EPA published a final rule to reclassify
the Norfolk-Virginia Beach-Newport News area (Hampton Roads) in
Virginia from marginal to moderate nonattainment for ozone. The January
17, 1995 document also set forth the method that EPA will use
henceforth to determine if areas have attained an air quality standard.
These actions were published without prior proposal because EPA
anticipated no adverse comment. Because EPA received adverse comments
on these actions, EPA is withdrawing the January 17, 1995 final rule
actions pertaining to the Hampton Roads reclassification and EPA's
method to determine if areas attained an air quality standard.
EFFECTIVE DATE: March 13, 1995.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 597-9337.
SUPPLEMENTARY INFORMATION: On January 17, 1995, EPA published a final
rule to reclassify the Norfolk-Virginia Beach-Newport News area
(Hampton Roads) in Virginia from marginal to moderate nonattainment for
ozone (60 FR 3349), because the area failed to meet its November 15,
1993 attainment date. The action was based on air quality monitoring
data for ozone. The January 17, 1995 document also set forth the method
that EPA will use henceforth to determine if areas have attained an air
quality standard. EPA approved this direct final rulemaking without
prior proposal because the Agency viewed it as non-controversial and
anticipated no adverse comments. The final rule was published in the
Federal Register with a provision for a 30 day comment period (60 FR
3349). At the same time, EPA announced that this final rule would
convert to a proposed rule in the event that adverse comments were
submitted to EPA within 30 days of publication of the rule in the
Federal Register (60 FR 3366). By publishing a document announcing
withdrawal of the final rulemaking action, this action would be
withdrawn. EPA received adverse comment within the prescribed comment
period. Therefore, EPA is withdrawing the January 17, 1995 final
rulemaking actions pertaining to the Hampton Roads reclassification and
EPA's method to determine if areas attained an air quality standard.
All public comments received will be addressed in a subsequent
rulemaking action based on the proposed rule.
The January 17, 1995 action also determined that a number of
marginal ozone nonattainment in the states of Delaware, Pennsylvania,
New Jersey, Ohio, and West Virginia have ambient air monitoring data
that meets the ozone air quality standard. Those determinations were
based on monitored air quality readings for ozone during the years
1991-1994. The January 17, 1995 action was not a redesignation action
for these marginal areas for which air quality monitoring data
indicates attainment of the standard. The Clean Air Act requires that a
separate redesignation request be submitted by the appropriate states
to EPA. These determinations are not affected by this withdrawal
document. This withdrawal document only pertains to the final
rulemaking actions on the Hampton Roads reclassification and EPA's
method to determine if areas have attained an air quality standard.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone.
Dated: March 1, 1995.
Stanley Laskowski,
Acting Regional Administrator.
For the reasons set out in the preamble, 40 CFR part 81 is amended
by withdrawing the final rule published on January 17, 1995 at 60 FR
3349.
[FR Doc. 95-6110 Filed 3-10-95; 8:45 am]
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