US EPA

FEDERAL REGISTER
VOL. 59, No. 212
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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

59 FR 55059

DATE: Thursday, November 3, 1994
ACTION: Removal of Direct final rule.

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

@ 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 @ 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: @

81.349 -- West Virginia. 

* * * * * 

                        West Virginia-Ozone 
    Designated area            Designation         Classification 
                          Date fn 1     Type      Date fn 1   Type 
                           * * * * * * * 
Huntington-Ashland Area: 
Cabell County                      Nonattainment           Moderate 
                           * * * * * * * 
Wayne County                       Nonattainment           Moderate 
                           * * * * * * * 


fn 1 This date is November 15, 1990, unless otherwise noted. 

* * * * *

[FR Doc. 94-26968 Filed 11-2-94; 8:45 am]

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