Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Charleston West Virginia Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV9-1-6419, WV9-2-6425 FRL-4997-8]

Approval and Promulgation of Air Quality Implementation Plans;

Designation of Areas for Air Quality Planning Purposes; Redesignation

of the Charleston West Virginia Ozone Nonattainment Area to Attainment

and Approval of the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On November 13, 1992, the West Virginia Department of

Commerce, Labor & Environmental Resources; Division of Environmental

Protection; Office of Air Quality (WVOAQ) submitted a request to EPA to

redesignate the Charleston moderate ozone nonattainment area (Kanawha

and Putnam Counties) from nonattainment to attainment. On November 13,

1992, the WVOAQ also submitted a maintenance plan for the Charleston

area as a revision to the West Virginia State Implementation Plan

(SIP). On February 28, 1994, West Virginia submitted an update to its

November 13, 1994 submittal. The EPA is proposing to redesignate the

Charleston ozone nonattainment area from nonattainment to attainment

and proposing to approve the maintenance plan submitted by the WVOAQ as

a revision to the West Virginia SIP because the relevant requirements

set forth in the Clean Air Act, as amended in 1990, have been met. This

proposal to approve the redesignation is contingent upon West

Virginia's submittal of a revision to its maintenance plan's provisions

for implementation of contingency measures. These actions are being

taken in accordance with the Act. The approved maintenance plan will

become a federally enforceable part of the SIP for the Charleston area.

DATES: Comments must be received on July 13, 1994.

ADDRESSES: Written comments should be sent to Thomas J. Maslany,

Director, Air, Radiation, and Toxics Division, U.S. Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. The state submittal and EPA's Technical Support

Document (TSD) prepared on these proposed actions is available for

public review at the above address and at the West Virginia Division of

Environmental Protection, Office of Air Quality 1558 Washington Street,

East Charleston, West Virginia, 25311-2599.

FOR FURTHER INFORMATION CONTACT: Michael Dubowe at (215) 597-1109 or

Todd Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, as amended in 1977 (1977 Act), required areas

that were designated nonattainment based on a failure to meet the ozone

national ambient air quality standard (NAAQS) to develop SIPs with

sufficient control measures to expeditiously attain and maintain the

standard. (1977 Act, sections 110(a)(1) and 172.) The Charleston, West

Virginia nonattainment area was designated under section 107 of the

1977 Act as nonattainment with respect to the ozone NAAQS on September

12, 1978. (40 CFR 81.347) In accordance with section 110 of the 1977

Act, West Virginia submitted a part D ozone SIP on November 15, 1979

which EPA approved as meeting the requirements of section 110 and part

D of the 1977 Act. In its SIP, the State of West Virginia projected

that the Charleston, West Virginia nonattainment area would attain the

ozone standard by December 31, 1982. The area failed to attain the

standard.

On November 15, 1990, the Clean Air Act Amendments of 1990

(hereafter the Act) were enacted. Public Law 101-549, 104 Stat. 2399,

codified at 42 U.S.C. 7401-7671q. The nonattainment designation of the

Charleston, West Virginia area continued by operation of law according

to section 107(d)(1)(C)(i) of the Act, furthermore, it was classified

by operation of law as moderate for ozone pursuant to section 181(a)(1)

of the Act. See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,

1992), codified at 40 CFR 81.347.

The Charleston, West Virginia ozone nonattainment area more

recently has attained the ozone NAAQS, based on air quality data from

1989 through 1991. In an effort to comply with the Act and to ensure

continued attainment of the NAAQS, on November 13, 1992 the WVOAQ

submitted an ozone maintenance plan for the Charleston, West Virginia

area as a revision to the West Virginia SIP.

On November 13, 1992, the State of West Virginia also requested

that EPA redesignate the Charleston, West Virginia area to attainment

with respect to the ozone NAAQS. In addition, on February 28, 1994,

West Virginia submitted an update to its November 13, 1992 submittal,

collectively referred to hereafter as the ``State of West Virginia's

redesignation request.''

II. Evaluation Criteria

According to section 107(d)(3)(E) of the Act, five specific

requirements must be met in order for EPA to redesignate an area from

nonattainment to attainment:

1. The area must have attained the applicable NAAQS;

2. The area has met all relevant requirements under section 110 and

part D of the Act;

3. The area has a fully approved SIP under section 110(k) of the

Act;

4. The air quality improvement must be permanent and enforceable;

and

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the Act.

III. Review of West Virginia's Submittal

The State of West Virginia's redesignation request for the

Charleston, West Virginia area included information and documentation

sufficient for EPA to determine that the five requirements of section

107, noted above have been met. Following is a brief description of how

each of these requirements has been fulfilled. Because the maintenance

plan is a critical element of the redesignation request, EPA will

discuss its evaluation of the maintenance plan under its analysis of

the redesignation request. A Technical Support Document (TSD) has also

been prepared by EPA on these rulemaking actions. That TSD is available

for public inspection at the EPA Regional Office listed in the

ADDRESSES section of this document.

1. Attainment of the Ozone NAAQS

The submittal contains an analysis of ozone air quality data which

is relevant to the maintenance plan and to the redesignation request.

Ambient ozone monitoring data for 1989 through 1991 show attainment of

the ozone NAAQS in the Charleston, West Virginia area. See 40 CFR

Sec. 50.9 and appendix H. The State of West Virginia's request for

redesignation included documentation that the Charleston, West Virginia

ozone nonattainment area has complete, quality-assured data showing

attainment of the standard over the most recent consecutive three

calendar year period. Therefore, the Charleston, West Virginia area has

met the first statutory criterion for redesignation to attainment of

the ozone NAAQS found at section 107(d)(3)(E)(i) of the Act. It is

important to note that EPA has also reviewed the ozone data monitored

during the 1992 and 1993 ozone seasons in the Charleston area and

determined that no violations of the standard were monitored during

those years. Therefore, there have been no violations of the ozone

standard monitored in the Charleston area since the 1988 ozone season.

2. Meeting Applicable Requirements of Section 110 and Part D

As previously stated, EPA fully approved the State of West Virginia

SIP for the Charleston, West Virginia area as meeting the requirements

of section 110(a)(2) and part D of the 1977 Act. The amended Act,

however, modified section 110(a)(2) and, under Part D, revised section

172 and added new requirements for all nonattainment areas. Therefore,

for purposes of redesignation, EPA has reviewed the SIP to ensure that

it contains all measures that were due under the Act as of November 13,

1992, the date the State of West Virginia submitted its redesignation

request.

2.A. Section 110 Requirements

Although section 110 of the 1977 Act was amended in 1990, the

Charleston, West Virginia SIP meets the requirements of section

110(a)(2) of the amended Act. A number of the requirements did not

change in substance and, therefore, EPA believes that the pre-amendment

SIP met these requirements. As to those requirements that were amended,

See 57 FR 27936 and 23939 (June 23, 1993), many are duplicative of

other requirements of the Act. EPA has analyzed the SIP and determined

that it is consistent with the requirements of section 110(a)(2) of the

Act. It contains enforceable emission limitations, it requires

monitoring, compiling, and analyzing ambient air quality data, it

requires preconstruction review of new major stationary sources and

major modifications to existing ones, it provides for adequate funding,

staff, and associated resources necessary to implement its

requirements, and requires stationary source emissions monitoring and

reporting.

2.B. Part D Requirements

Before the Charleston, West Virginia ozone nonattainment area may

be redesignated to attainment, it also must have fulfilled applicable

requirements of part D due as of the date of the State's redesignation

request. Under part D, an area's classification indicates the

requirements to which it will be subject. Subpart 1 of part D sets

forth the basic nonattainment requirements applicable to all

nonattainment areas, classified as well as nonclassifiable. Subpart 2

of part D establishes additional requirements for nonattainment areas

classified under table 1 of section 181(a). The Charleston, West

Virginia ozone nonattainment area was classified as moderate. (See 56

FR 56694, codified at 40 CFR 81.347). Therefore, in order to be

redesignated to attainment, West Virginia must meet the applicable

requirements of subpart 1 of part D--specifically sections 172(c) and

176--as well as the applicable requirements of subpart 2 of part D--due

as of the date of the State's November 13, 1992 request for

redesignation. EPA interprets section 107(d)(3)(E)(v) to mean that for

a redesignation request to be approved, the State has met all

requirements that applied to the subject area prior to or at the time

of the submission of a complete redesignation request. Requirements of

the Act that come due subsequently continue to be applicable to the

area at those later dates (see section 175A(c)) and, if the

redesignation of the area is disapproved, the State remains obligated

to fulfill those requirements.

2.B.1. Subpart 1 of Part D--Section 172(c) Provisions

Under section 172(b), the section 172(c) requirements are

applicable no later than 3 years after an area has been designated as

nonattainment under the Act. EPA has determined that these requirements

were not applicable to ozone nonattainment areas on or before November

13, 1992--the date the State of West Virginia submitted a complete

redesignation request and maintenance plan for Charleston. Therefore,

the State of West Virginia is not required to meet these requirements

for purposes of redesignation. West Virginia has, however, completed

and submitted a 1990 base year emissions inventory for its ozone

nonattainment areas (including the Charleston area) in accordance with

EPA's guidance. It is also important to note that upon redesignation to

attainment, the preconstruction new source review requirements for

prevention of significant deterioration (PSD) would apply in the

Charleston area. EPA approved West Virginia's PSD SIP program on April

11, 1986 (51 FR 12517).

2.B.2. Subpart 1 of Part D--Section 176 Conformity Provisions

Section 176(c) of the Act requires States to revise their SIPs to

establish criteria and procedures to ensure that Federal actions,

before they are taken, conform to the air quality planning goals in the

applicable State SIP. The requirement to determine conformity applies

to transportation plans, programs and projects developed, funded or

approved under title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as to all other Federal

actions (``general conformity''). Section 176 further provides that the

conformity revisions to be submitted by States must be consistent with

Federal conformity regulations that the Act required EPA to promulgate.

Congress provided for the State revisions to be submitted one year

after the date for promulgation of final EPA conformity regulations.

When that date passed without such promulgation, USEPA's General

Preamble for the Implementation of Title I informed States that its

conformity regulations would establish a submittal date (see 57 FR

13498, 13557 (April 16, 1992)).

The EPA promulgated final transportation conformity regulations on

November 24, 1993 (58 FR 62188) and general conformity regulations on

November 30, 1993 (58 FR 63214). These conformity rules require that

States adopt both transportation and general conformity provisions in

the SIP for areas designated nonattainment or subject to a maintenance

plan approved under CAA section 175A. Pursuant to Sec. 51.396 of the

transportation conformity rule and Sec. 51.851 of the general

conformity rule, the State of West Virginia is required to submit a SIP

revision containing transportation conformity criteria and procedures

consistent with those established in the Federal rule by November 25,

1994. Similarly, West Virginia is required to submit a SIP revision

containing general conformity criteria and procedures consistent with

those established in the Federal rule by December 1, 1994. Because the

deadlines for these submittals have not yet come due, they are not

applicable requirements under section 107(d)(3)(E)(v) and, thus, do not

affect approval of this redesignation request.

2.B.3. Subpart 2 of Part D--Section 182 Provisions for Ozone

Nonattainment Areas

The Charleston, West Virginia nonattainment area is classified as

moderate and is subject to the requirements of section 182(b) of the

Act. As of November 13, 1992, the date West Virginia submitted a

complete redesignation request for the Charleston, West Virginia

nonattainment area, the Charleston, West Virginia area was required to

meet the provisions of section 182(a)(2)(A) to correct its Reasonably

Available Control Technology (RACT) requirements in effect prior to

enactment of the 1990 amendments to the Act. The State of West Virginia

submitted those RACT corrections as SIP revisions to EPA on June 4,

1991. A final rule approving these RACT corrections was published on

September 17, 1992 (57 FR 42895).

On January 15, 1993, EPA notified the Governor of West Virginia

that it had made a finding that West Virginia had failed to submit

either a full or committal SIP revision for a basic inspection and

maintenance (I/M) program for its ozone nonattainment areas. On January

18, 1994, EPA notified the Governor of West Virginia that it had made a

finding that West Virginia had failed to submit a 15% rate of progress

plan SIP revision for its ozone nonattainment areas. Upon the effective

date of a final approval by EPA of West Virginia's redesignation

request, these findings will be automatically rescinded in the

Charleston nonattainment area.

3. Fully Approved SIP Under Section 110(k) of the Act

As stated previously, EPA has approved the RACT corrections noted

above. Therefore, the State of West Virginia has a fully approved SIP

under section 110(k), which also meets the applicable requirements of

section 110 and part D as discussed above. Therefore, the redesignation

requirement of section 107(d)(3)(E)(ii) has been met.

4. Improvement in Air Quality Due to Permanent and Enforceable Measures

Under the 1977 Act, EPA approved the State of West Virginia SIP

control strategy for the Charleston, West Virginia nonattainment area.

EPA determined that the rules and the emission reductions achieved as a

result of those rules were enforceable. Since enactment of the 1990

amendments, the State of West Virginia submitted corrections to its

RACT regulations as identified above. EPA finds that these additional

measures contribute to the permanence and enforceability of reductions

in ambient ozone levels in the Charleston, West Virginia area.

Between 1988 and 1990, because of permanent and enforceable state

and federal provisions, emissions of volatile organic compounds (VOCs)

were reduced by 8.14 tons/day and emissions of nitrogen oxides

(NOX) were reduced by 3.1 tons/day in Charleston. Most of the

reductions came from mobile sources and gasoline marketing-related

activities. The Reid Vapor Pressure (RVP), of gasoline marketed for use

in the Charleston, West Virginia area decreased from 10.5 RVP to 9.5

RVP in 1990 and was reduced to 9.0 in 1992. In addition, due to

automobile fleet turnover, there was an increase in the percent of

automobiles operated in the Charleston area meeting more stringent

emission standards as required by the Federal Motor Vehicle Control

Program (FMVCP). It must be noted here that since 1992 the federal RVP

requirement of 9.0 has been the applicable standard in the Charleston,

West Virginia area.

The State of West Virginia maintenance plan requires the

continuation of the federal RVP program. These reductions due to lower

RVP and more stringent tailpipe standards resulting from the FMVCP were

determined using the mobile emission inventory model MOBILE 5.0a and

the relevant vehicle miles traveled data.

Permanent and enforceable decreases in VOCs at stationary sources

contributed a small amount to the total VOC reduction in the

Charleston, West Virginia area. In association with its emission

inventory, the State of West Virginia demonstrated that point source

VOC emissions were not artificially low due to local economic downturn

during the period in which the Charleston, West Virginia area's ambient

air quality came into attainment. Reductions due to decreases in

production levels or from other unenforceable scenarios such as

voluntary reductions were not included in the determination of the

emission reductions.

EPA finds that the combination of measures contained in the SIP and

federal measures have resulted in permanent and enforceable reductions

in ozone precursors that have allowed the Charleston West Virginia area

to attain the NAAQS, and therefore, that the redesignation criterion of

section 107(d)(3)(E)(iii) has been met.

5. Fully Approved Maintenance Plan Under Section 175A

EPA is proposing approval of the State of West Virginia maintenance

plan for the Charleston, West Virginia area because EPA finds that West

Virginia's submittal meets the requirements of section 175A of the Act.

If EPA determines after notice and comment that it should give final

approval to the maintenance plan, the Charleston, West Virginia

nonattainment area will have a fully approved maintenance plan in

accordance with section 175A of the Act.

Section 175A of the Act sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the area is redesignated. Eight years

after the redesignation, the state must submit a revised maintenance

plan which demonstrates attainment for the ten years following the

initial ten-year period.

To provide for the possibility of future NAAQS violations, the

maintenance plan must contain contingency measures, with a schedule for

implementation, adequate to assure prompt correction of any air quality

problems.

5.A. Emissions Inventory--Base Year Inventory

On November 13, 1992, the State of West Virginia submitted

comprehensive inventories of VOC and NOX emissions from area,

stationary, and mobile using 1990 as the base year for calculations to

demonstrate maintenance. The 1990 VOC inventory is considered most

representative of attainment conditions because no violations occurred

in 1990 and it reflects the typical inventory for the three-year period

demonstrating attainment of the standard.

The State of West Virginia submittal contains detailed inventory

data and summaries by source categories. The State of West Virginia

submittal also contains information related to how it comported with

EPA's guidance, which model and emission factors were used (note MOBILE

5.0a was used), how Vehicle Miles Travelled (VMT) data was generated,

what RVP was considered in the base year, and other technical

information verifying the validity of the Charleston West Virginia

emission inventory.

The State of West Virginia's submittal contains the detailed

inventory data and summaries by source category. This inventory was

prepared in accordance with EPA guidances. A summary of the base year

and projected maintenance year inventories are shown in the following

six tables. The TSD which has been prepared for this action contains

more in-depth details regarding the base year for the Charleston area.

Summary of Emissions From the Charleston Nonattainment Area for 1990

------------------------------------------------------------------------

VOC CO (tpd) NOX

Source category (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 27.5 83.9 16.9

Point..................................... 49.0 27.9 389.2

Highway Mobile............................ 28.5 222.2 27.9

-----------------------------

Total Emissions..................... 105.0 334.1 434.0

------------------------------------------------------------------------

Summary of Emissions From the Charleston Nonattainment Area for 1993

------------------------------------------------------------------------

VOC CO (tpd) NOX

Source Category (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 28.4 84.7 17.0

Point..................................... 42.3 27.4 392.7

Highway Mobile............................ 23.8 191.7 27.2

-----------------------------

Total Emissions..................... 94.5 303.8 437.0

------------------------------------------------------------------------

All Emissions in Tons Per Day (tpd).

Summary of Emissions From the Charleston Nonattainment Area for 1996

------------------------------------------------------------------------

VOC CO (tpd) NOX

Source category (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 26.8 85.5 17.1

Point..................................... 41.0 27.0 356.0

Highway mobile............................ 23.0 179.9 26.7

-----------------------------

Total emissions..................... 90.7 292.5 399.8

------------------------------------------------------------------------

Summary of Emissions From the Charleston Nonattainment Area for 1999

------------------------------------------------------------------------

VOC NOX

Source Category (tpd) CO (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 27.5 87.0 17.3

Point..................................... 39.7 26.8 362.0

Highway mobile............................ 22.6 171.8 26.3

-----------------------------

Total emissions..................... 89.8 285.6 405.6

------------------------------------------------------------------------

All Emissions in Tons Per Day (tpd).

Summary of Emissions From the Charleston Nonattainment Area for 2002

------------------------------------------------------------------------

VOC NOX

Source category (tpd) CO (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 28.2 87.8 17.5

Point..................................... 39.0 26.6 364.2

Highway Mobile............................ 22.4 172.0 26.1

-----------------------------

Total emissions..................... 89.6 286.4 407.7

------------------------------------------------------------------------

Summary of Emissions From the Charleston Nonattainment Area for 2005

------------------------------------------------------------------------

VOC NOX

Source category (tpd) CO (tpd) (tpd)

------------------------------------------------------------------------

Area...................................... 29.0 89.3 17.6

Point..................................... 37.9 26.2 366.9

Highway Mobile............................ 23.0 179.5 27.0

-----------------------------

Total emissions..................... 89.9 295.0 411.5

------------------------------------------------------------------------

All Emissions in Tons Per Day (tpd).

5.B. Demonstration of Maintenance--Projected Inventories

In addition to the continued use of lower RVP gasoline (9.0) and

fleet turnover to automobiles meeting more stringent emission

standards, mobile source emission projections are dependent upon the

implementation of the federal reformulated gasoline program. Total VOC

and NOX emissions were projected from the 1990 base year out to

year 2005. These projected inventories were prepared in accordance with

EPA guidance. The projections demonstrate that the ozone standard will

be maintained i.e., emissions are not expected to exceed the level of

the base year inventory during this time period. EPA believes that the

emissions projections demonstrate that the area will continue to

maintain the ozone NAAQS because this area achieved attainment through

VOC controls and reductions.

5C. Verification of Continued Attainment

Continued attainment of the ozone NAAQS in the Charleston, West

Virginia area depends, in part, on the State of West Virginia efforts

toward tracking indicators of continued attainment during the

maintenance period. The State of West Virginia will track the status

and effectiveness of the maintenance plan by periodically updating the

emissions inventory every three years. The WVOAQ has committed to

perform this tracking on an annual basis in order to enable the State

of West Virginia to implement the contingency measures of its

maintenance plan as expeditiously as possible.

The State of West Virginia annual update will indicate new source

growth, as indicated by annual emission statements. The State of West

Virginia will continue to monitor ambient ozone levels by operating its

ambient ozone air quality monitoring network in accordance with 40 CFR

part 58.

5D. Contingency Plan

The level of VOC and NOX emissions in the Charleston area will

largely determine its ability to stay in compliance with the ozone

NAAQS in the future. Despite the State of West Virginia's best efforts

to demonstrate continued compliance with the NAAQS, the Charleston area

may exceed or violate the NAAQS. Therefore, West Virginia has provided

contingency measures with a schedule for implementation in the event of

future ozone air quality problems. In the event that exceedances of the

ozone NAAQS are measured such that nonattainment is indicated in any of

the areas or in the event that periodic emission inventory updates or

major permitting activity reveals that excessive or unanticipated

growth in ozone precursor emissions has occurred or will occur, the

West Virginia will accordingly select and adopt measures including the

following to assure continued attainment:

1. Extend the applicability of 45CSR21 (VOC/RACT rule) to

include source categories previously excluded.

2. Revised new source permitting requirements requiring more

stringent emissions control technology and/or emissions offsets.

3. NOX RACT requirements.

4. Stage II Vapor Recovery Regulations.

5. Regulations to establish plant-wide emission caps

(potentially with emissions trading provisions).

6. Implementation of basic (or enhanced) programs for motor

vehicle inspection and maintenance.

One or more of these regulatory revisions would be selected within

three (3) months after verification of a monitored ozone standard

violation and a draft rule submitted to the WVOAQ. Quality assurance

procedures must confirm the monitored violation within 45 days of

occurrence. The WVOAQ will be requested to adopt the control measure(s)

as emergency rule(s) which will be implemented within six (6) months

after adoption. EPA's approval of West Virginia's redesignation request

is contingent upon West Virginia promulgating a revision to its

contingency plan that includes a schedule for the mandatory

implementation of the selected contingency measures.

5E. Subsequent Maintenance Plan Revision

In accordance with section 175A(b) of the Act, the State of West

Virginia has agreed to submit a revised maintenance SIP eight years

after the area is redesignated to attainment. Such revised SIP will

provide for maintenance for an additional ten years. EPA has determined

that the maintenance plan adopted by the State of West Virginia and

submitted to EPA on November 13, 1992, meets the requirements of

section 175A of the CAA. Therefore, EPA is proposing to approve the

maintenance plan submittal. In addition EPA has determined that upon

final approval of the maintenance plan the provisions of section

107(d)(3)(E)(iv) for redesignation will have been met.

Proposed Action

EPA proposes to approve the ozone maintenance plan for the

Charleston, West Virginia area submitted by the State of West Virginia

on November 13, 1992 as a revision to the West Virginia SIP because it

meets the requirements of section 175A. In addition, EPA is proposing

to redesignate the Charleston, West Virginia nonattainment area to

attainment, subject to final approval of the maintenance plan, because

the Agency has determined that the provisions of section 107(d)(3)(E)

of the Act for redesignation of nonattainment areas to attainment have

been met.

EPA is soliciting public comments on this notice and on issues

relevant to EPA's proposed action. Comments will be considered before

taking final action. Interested parties may participate in the federal

rulemaking procedure by submitting written comments to the person and

address listed in the ADDRESSES section at the beginning of this

document.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements. Ozone State Implementation Plans (SIPs) are

designed to satisfy the requirements of part D of the Clean Air Act and

to provide for attainment and maintenance of the ozone NAAQS. Today's

proposed redesignation action should not be interpreted as authorizing

the State of West Virginia to delete, alter, or rescind any of the VOC

emission limitations and restrictions contained in the currently

approved ozone SIP. Changes to the ozone SIP's regulations rendering

them less stringent than those contained in the EPA approved plan

cannot be made unless a revised plan for attainment and maintenance is

submitted to and approved by EPA. Unauthorized relaxations, deletions,

and changes could result in both a finding of nonimplementation under

section 173(b) of the Act and in a SIP deficiency call made pursuant to

section 110(k)(5).

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. SIP approvals under section 110 and subchapter I, part D of the

CAA do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, it does not have any

economic impact on any small entities. Redesignation of an area to

attainment under section 107(d)(3)(E) of the Act does not impose any

new requirements on small entities. Redesignation is an action that

affects the status of a geographical area and does not impose any

regulatory requirements on sources. Accordingly, I certify that EPA's

approval of West Virginia's request to redesignate the Charleston ozone

nonattainment area to attainment and the associated maintenance plan

will not have an impact on any small entities.

The Office of Management and Budget has exempted this rule from the

requirements of section 6 of Executive Order 12866.

List of Subjects

40 CFR Part 52

Air pollution control, Hydrocarbons, Intergovernmental relations,

Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Authority: 42 U.S.C. 7401-7671q.

Dated: April 28, 1994.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 94-14286 Filed 6-10-94; 8:45 am]

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