[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23139-23140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11123]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[VA068-5018a and VA066-5018a; FRL-5815-4]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia: Withdrawal of the Direct Final Rule Approving the
Redesignation of the Hampton Roads Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of a direct final rule.
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SUMMARY: On March 12, 1997, EPA published a direct final rule approving
the Commonwealth of Virginia's request to redesignate the Hampton Roads
area from marginal ozone nonattainment to attainment. The direct final
rule also approved, as a state implementation plan (SIP) revision, the
10 year maintenance plan and mobile emissions budget developed for the
Hampton Roads area and submitted by the Commonwealth. Because EPA
received adverse comments on this direct final action within the 30 day
public comment period, it is withdrawing the March 12, 1997 direct
final rulemaking action pertaining to the Hampton Roads nonattainment
area.
DATES: This action is effective April 25, 1997.
FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, Ozone/Carbon
Monoxide and Mobile Sources Section (3AT21), USEPA--Region III, 841
Chestnut Building, Philadelphia, Pennsylvania 19107, or by telephone
at: (215) 566-2092. Questions may also be addressed via e-mail, at the
following address: Gaffney.Kristeen@epamail.epa.gov [PLEASE note that
only written comments can be accepted for inclusion in the docket.]
SUPPLEMENTARY INFORMATION: On March 12, 1997, EPA published a direct
final rule [62 FR 11337] approving the Commonwealth of Virginia's
request to redesignate the Hampton Roads marginal ozone nonattainment
area from nonattainment to attainment and the 10 year maintenance plan
and mobile emissions budget submitted by the Commonwealth for the
Hampton Roads area as revisions to the Virginia SIP. As stated in the
March 12, 1997 rulemaking document, EPA's action to approve the
redesignation was based upon its review of the Commonwealth's submittal
and its determination that all five of the Clean Air Act's criteria for
redesignation have been met by and for the Hampton Roads area. The
ambient air quality data monitored in the Hampton Roads area indicated
that it had attained the National Ambient Air Quality Standard (NAAQS)
for ozone for the years 1993-1995. Review of the data monitored in 1996
has indicated continued attainment of the ambient standard. EPA also
determined that the Commonwealth had a fully approved Part D SIP for
the Hampton Roads area, was fully implementing that SIP, and that the
air quality improvement in the Hampton Roads area was due to permanent
and enforceable control measures. In the same rulemaking, EPA approved
the maintenance plan submitted by the Commonwealth of Virginia as a SIP
revision because it provides for maintenance of the ozone standard for
10 years and a mobile emissions budget for the Hampton Roads area.
In its March 12, 1997 rulemaking, EPA stated that if adverse
comments were received on the direct final rule within the 30 days of
its publication, EPA would publish a document announcing the withdrawal
of its direct final rulemaking action. Because EPA received adverse
comments on the direct final rulemaking within the prescribed comment
period from the Allies in Defense of Cherry Point and U.S. Senator
Lauch Faircloth of North Carolina, EPA is withdrawing the March 12,
1997 final rulemaking action pertaining to the Hampton Roads
nonattainment area.
In a companion proposed rulemaking published in the Proposed Rules
section of the same Federal Register, EPA stated that if adverse
comments were received on the direct final action within 30 days of its
publication, it would withdraw the direct final rule. In their letter
submitting adverse comments, the Allies in Defense of Cherry Point also
indicated that they intended to submit additional adverse comments and
requested that the comment period be extended.
In a subsequent rulemaking document, EPA will reopen the comment
period on the March 12, 1997 proposed rule.
In determining its final action on the Commonwealth's redesignation
request and maintenance plan for the Hampton Roads area, EPA shall
consider all comments received on its March 12, 1997 proposed action.
Dated: April 14, 1997.
William T. Wisniewski,
Acting Regional Administrator, Region III.
Therefore the amendments to 40 CFR parts 52 and 81 which added
[[Page 23140]]
Sec. Sec. 52.2420(c)(117) and 52.2424 and the amendment to the table in
Sec. 81.347 are withdrawn.
[FR Doc. 97-11123 Filed 4-25-97; 11:54 pm]
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