Approval and Promulgation of Air Quality Implementation Plans and Designation of Areas for Air Quality Planning Purposes; West Virginia; Rescission of Final Rule Pertaining to Redesignation of the Huntington West Virginia Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV23-1-6421a, WV23-2-6422a, A-1-FRL-5099-9]

Approval and Promulgation of Air Quality Implementation Plans and

Designation of Areas for Air Quality Planning Purposes; West Virginia;

Rescission of Final Rule Pertaining to Redesignation of the Huntington

West Virginia Ozone Nonattainment Area to Attainment and Approval of

the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Removal of Direct final rule.

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SUMMARY: On September 6, 1994, EPA published approval of a

redesignation request and maintenance plan for the Huntington, West

Virginia Ozone Nonattainment Area (59 FR 45980). This action approved a

maintenance plan for the area to assist in maintaining the ozone

standard and redesignated the Huntington, West Virginia area to

attainment for ozone. The intended effect of the action was to provide

for continued attainment of the ozone NAAQS by means of a maintenance

plan and to reclassify the area to attainment. The effective data of

this action was October 21, 1994.

EPA approved this direct final rulemaking without prior proposal

because the Agency viewed it as a noncontroversial amendment and

anticipated no adverse comments. The final rule was published in the

Federal Register with a provision for a 30 day comment period (59 FR

45980). At the same time, EPA announced that this final rule would

convert to a notice of proposed rule (NPR) (59 FR 46019) in the event

that adverse comments were submitted to EPA within 30 days of

publication of the rule in the Federal Register. The effective date of

this action has passed.

Notice of intent to adversely comment was submitted to EPA within

the prescribed comment period. Therefore, EPA is rescinding the

September 6, 1994, final rulemaking action. All public comments

received will be addressed in a subsequent rulemaking action based on

the proposed rule entitled Approval and Promulgation of Air Quality

Implementation Plans and Designation of Areas for Air Quality Planning

Purposes; Redesignation of the Huntington, West Virginia Ozone

Nonattainment Area to Attainment and Approval of the Area's Maintenance

Plan.

EFFECTIVE DATE: November 3, 1994.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp at (215) 597-8375 or Todd

Ellsworth at (215) 597-2906.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone.

40 CFR Part 81

Air pollution control, National Parks, Wilderness areas.

Dated: October 14, 1994.

Stanley Laskowski,

Acting Regional Administrator, Region III.

Chapter I, title 40 of the code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart XX--West Virginia

Sec. 52.2520 [Amended]

2. Section 52.2520 is amended by removing paragraph (c)(30).

PART 81--[AMENDED]

3. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart C--Section 107 Attainment Status Designations

4. In Sec. 81.349 the ozone table is amended by revising the

entries for ``Cabell County'' and ``Wayne County'' under Huntington-

Ashland Area to read as follows:

Sec. 81.349 West Virginia.

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West Virginia--Ozone

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Designation Classification

Designated area ----------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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* ** * * * *

Huntington-Ashland Area:

Cabell County........................ ........... Nonattainment............ ........... Moderate.

Wayne County......................... ........... Nonattainment............ ........... Moderate.

* ** * * * *

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1This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 94-26968 Filed 11-2-94; 8:45 am]

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