Approval and Promulgation of Air Quality Implementation Plans; Virginia: Reopening of the Public Comment Period on the Redesignation of the Hampton Roads Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[VA068-5018b and VA066-5018b; FRL-5817-6]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia: Reopening of the Public Comment Period on the Redesignation

of the Hampton Roads Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of the comment period.

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SUMMARY: EPA is reopening the comment period for a notice of proposed

rulemaking published on March 12, 1997 (62 FR 11405). In that document

EPA proposed to approve the Commonwealth of Virginia's request to

redesignate the Hampton Roads area from marginal ozone nonattainment to

attainment. The document also proposed to approve, 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. EPA received adverse comments on the

action and a request to extend the public comment period on the

proposed rulemaking. EPA is, therefore, reopening the public comment

period on the March 12, 1997 notice of proposed rulemaking on the

redesignation of the Hampton Roads ozone nonattainment area for a

period of two weeks.

DATES: Comments must be received in writing on or before May 13, 1997.

Commenters are advised that EPA does not intend to grant additional

extensions or reopenings of the comment period on the March 12, 1997

proposed rulemaking.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief,

Ozone/Carbon Monoxide & Mobile Sources Section, Mailcode 3AT21, U.S.

Environmental Protection Agency, Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107. Copies of the documents relevant to

this action are available for public inspection during normal business

hours at the Air, Radiation, and Toxics Division, U.S. Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. Persons interested in examining these documents

should contact the EPA staff person listed below at least 24 hours

prior to visiting the Regional office. Copies of the documents relevant

[[Page 23197]]

to this action are also available at the Virginia Department of

Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

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 11334) 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, 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 direct final 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. In a companion notice

of proposed rulemaking published in the Proposed Rules section of the

same Federal Register (62 FR 11405), EPA also proposed to approve the

Hampton Roads redesignation request and maintenance plan and mobile

emission budget SIP revisions. In this proposal, EPA clearly stated

that interested parties should comment at that time (during the 30

days), and that EPA did not intend to institute a second comment

period. 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 withdrew the March 12, 1997 final rulemaking action

pertaining to the Hampton Roads nonattainment area. 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. However, because the 30

day public comment period EPA provided on the proposed rule was due to

close two days after receipt of their request, there was insufficient

time for EPA to publish a document extending the comment period. In

order, therefore, to provide additional time to the Allies in Defense

of Cherry Point, EPA would have to reopen the public comment period.

Despite the fact that EPA's March 12, 1997 actions clearly stated

that all interested parties should comment during the originally

prescribed 30 days and that EPA did not intend to institute a second

comment period, in the interest of full public participation, EPA is

reopening the public comment period for two weeks.

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.

All interested parties are advised that comments must be received by

the EPA Regional office listed in the ADDRESSES section of this

document by May 13, 1997.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone.

Dated: April 17, 1997.

W. T. Wisniewski,

Acting Regional Administrator, Region III.

[FR Doc. 97-11124 Filed 4-25-97; 12:10 pm]

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