[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23196-23197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11124]


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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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