[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26968]


[[Page Unknown]]

[Federal Register: November 3, 1994]


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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                                              
----------------------------------------------------------------------------------------------------------------
                                                         Designation                       Classification       
             Designated area              ----------------------------------------------------------------------
                                             Date\1\               Type              Date\1\          Type      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * ** * * * *                                                  
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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