Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Final Rule Pertaining to the Determination of Attainment of Ozone Standard and Determination Regarding Applicability of Certain Requirements in the Richmond Area [VA-076-5022]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[A-1-FRL-5874-8]

Approval and Promulgation of Air Quality Implementation Plans;

Virginia; Removal of Final Rule Pertaining to the Determination of

Attainment of Ozone Standard and Determination Regarding Applicability

of Certain Requirements in the Richmond Area [VA-076-5022]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Removal of direct final rule.

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SUMMARY: On June 13, 1997, EPA published determination that the

Richmond ozone nonattainment area has attained the National Ambient Air

Quality Standard (NAAQS) for ozone, and that Richmond has continued to

attain the standard to date. On the basis of this determination, EPA

determined that certain reasonable further progress and attainment

demonstration requirements, along with certain other related

requirements, of part D of Title I of the Clean Air Act are not

applicable to this area as long as this area continues to attain the

ozone NAAQS. See 62 FR 32204.

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 (62 FR

32204, June 13, 1997). 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 (62 FR 32258, June 13, 1997). The final

rulemaking action would be withdrawn by publishing a notice announcing

withdrawal of this action.

Notice of intent to adversely comment was submitted to EPA within

the prescribed comment period. Therefore, EPA is amending 40 CFR

52.2428 by removing the June 13, 1997 final rulemaking action. All

public comments received will be addressed in a subsequent rulemaking

action based on the proposed rule.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, Ozone/Carbon

Monoxide and Mobile Sources Section (3AT21), U.S. Environmental

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

Pennsylvania

[[Page 43472]]

19107, or by telephone at: (215)566-2179. Questions may also be sent

via e-mail, to the following address:

Cripps.C[email protected]

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone.

Dated: August 4, 1997.

Marcia E. Mulkey,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart VV of Chapter I, title 40 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 VV--Virginia

Sec. 52.2428 [Removed]

2. Section 52.2428 is removed.

[FR Doc. 97-21538 Filed 8-13-97; 8:45 am]

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