Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Final Rule Pertaining to the Determination of Attainment of Ozone Standard and Determination Regarding Applicability of Certain Requirements in the Richmond Area [VA-076-5022]

On June 13, 1997, EPA published determination that the Richmond ozone nonattainment area has attained the National Ambient Air Quality Standard (NAAQS) for ozone, and that Richmond has continued to attain the standard to date. On the basis of this determination, EPA determined that certain reasonable further progress and attainment demonstration requirements, along with certain other related requirements, of part D of Title I of the Clean Air Act are not applicable to this area as long as this area continues to attain the ozone NAAQS. See 62 FR 32204. 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 (62 FR 32204, June 13, 1997). 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 (62 FR 32258, June 13, 1997). The final rulemaking action would be withdrawn by publishing a notice announcing withdrawal of this action. Notice of intent to adversely comment was submitted to EPA within the prescribed comment period. Therefore, EPA is amending 40 CFR 52.2428 by removing the June 13, 1997 final rulemaking action. All public comments received will be addressed in a subsequent rulemaking action based on the proposed rule.