[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Rules and Regulations]
[Pages 23139-23140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11123]


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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.

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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]
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