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

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.

-----------------------------------------------------------------------

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.K[email protected] [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]

BILLING CODE 6560-50-P