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

[[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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