[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Rules and Regulations]
[Pages 13367-13368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6110]



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[[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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