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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV9-1-6583, WV9-2-6584; FRL-5057-1]

Approval and Promulgation of Air Quality Implementation Plans;

Designation of Areas for Air Quality Planning Purposes; Redesignation

of the Charleston, WV Ozone Nonattainment Area to Attainment and

Approval of the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

Commerce, Labor and 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 and also

submitted a maintenance plan for the Charleston area as a revision to

the West Virginia State Implementation Plan (SIP). On June 13, 1994,

EPA proposed approval of West Virginia's redesignation request and

maintenance plan. No adverse comments were received on the proposal.

EPA is approving West Virginia's request to redesignate the Charleston

moderate ozone nonattainment area from nonattainment to attainment and

is approving the maintenance plan submitted by WVOAQ as a revision to

the West Virginia SIP because relevant requirements set forth in the

Clean Air Act, as amended in 1990, have been met. This action is being

taken in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule will become effective September 6,

1994.

ADDRESSES: 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 and the West Virginia Department of Environmental Protection,

Office of Air Quality, 1558 Washington Street, East, Charleston, West

Virginia, 25311.

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

Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION: On June 13, 1994 (59 FR 30326-30331), EPA

published a notice of proposed rulemaking (NPR) for the State of West

Virginia. The NPR proposed that the Charleston moderate ozone

nonattainment area be redesignated from nonattainment to attainment and

that the maintenance plan submitted by the WVOAQ as a revision to the

West Virginia SIP be approved contingent upon West Virginia's submittal

of a revision to its maintenance plan's provisions to clarify the

procedures for implementation of contingency measures. The formal

request for the redesignation of the Charleston moderate ozone

nonattainment area from nonattainment to attainment and the maintenance

plan SIP revision were submitted to EPA by the State of West Virginia

on November 13, 1992. Subsequent revisions to the State's maintenance

plan were submitted to EPA on February 28, 1994 and August 10, 1994.

Maintenance Plan

West Virginia's August 10, 1994 submittal revised the maintenance

plan to clarify the State's enforceable procedures for implementation

of contingency measures specified in the maintenance plan. The revision

requires that one or more of the ``contingency measures'' listed and

described in the maintenance plan shall be selected within three months

after verification of a violation of the ozone national ambient air

quality standard. The regulatory measures shall be adopted as emergency

rules and implemented within six months after adoption. In accordance

with West Virginia law, the provisions of these emergency regulations

are fully enforceable. The emergency rule(s), subsequently, will be

filed as legislative rule(s) for permanent authorization by the

legislature in accordance with West Virginia law.

EPA is approving the State of West Virginia's maintenance plan for

the Charleston area because EPA finds that West Virginia's submittal

meets the requirements of section 175A of the CAA.

Errors and Corrections

The NPR for the Charleston redesignation request and maintenance

plan SIP revision published in the Federal Register on June 13, 1994

(59 FR 30326-30331) contains several errors that are corrected as

follows:

Summary, 59 FR 30326. The third sentence of this section reads ``*

* * West Virginia submitted an update to its November 13, 1994

submittal.'' The date in this sentence should have read November 13,

1992.

Section I--Background, 59 FR 30326 and 30327. This section states

that West Virginia submitted a SIP projecting attainment by December

31, 1982 and failed to meet that deadline. This statement is incorrect,

invalidating the subsequent language referring to Charleston as a

nonattainment area for that period. On November 25, 1980, West Virginia

requested that the EPA approve a change in the Designation of Air

Quality Control Region (AQCR) IV from nonattainment of the ozone NAAQS

to attainment based on air quality data showing attainment for the

years 1978-1980. EPA approved this request in the November 9, 1981

Federal Register (46 FR 55261). The area remained in attainment of the

ozone NAAQS until 1988. As a result of 1988 calendar year ambient ozone

measurements, EPA notified West Virginia on November 8, 1989 that the

State's ozone SIP was inadequate to assure the attainment of the ozone

NAAQS in several counties including the Charleston (Kanawha/Putnam

County) area. Pursuant to the 1990 Clean Air Act amendments, this area

was officially designated as a moderate ozone nonattainment area on

January 6, 1991.

Section III. Review of West Virginia's Submittal, subsection 5.B.,

59 FR 30330. This section states that ``* * * emissions projections are

dependent upon the implementation of the federal reformulated gasoline

program.'' This statement is incorrect. West Virginia's maintenance

plan did not commit to the use of or rely on credits from the federal

reformulated gasoline program.

Other specific requirements of the Charleston ozone nonattainment

area redesignation request and associated maintenance plan and the

rationale for EPA's proposed action are explained in the NPR and will

not be restated here. All of the public comments received on the NPR

were positive and in support of EPA's action to approve the

redesignation request and maintenance plan.

Final Action

EPA is approving West Virginia's request to redesignate the

Charleston moderate ozone nonattainment area from nonattainment to

attainment 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. In addition, EPA is approving the

ozone maintenance plan for the Charleston area as a revision to the

West Virginia SIP because it meets the requirements of 175A.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action, to approve the maintenance plan for the

Charleston area and to redesignate the Charleston ozone nonattainment

area to attainment, must be filed in the United States Court of Appeals

for the appropriate circuit by November 7, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: August 10, 1994.

W.T. Wisniewski,

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

2. Section 52.2520 is amended by adding paragraph (c)(32) to read

as follows:

Sec. 52.2520 Identification of plan.

* * * * *

(c) * * *

(29) The ten year ozone maintenance plan including emission

projections and contingency measures for Charleston, West Virginia

(Kanawha and Putnam Counties), as revised and effective on August 10,

1994 and submitted by the West Virginia Division of Environmental

Protection; Office of Air Quality:

(i) Incorporation by reference.

(A) The ten year ozone maintenance plan including emission

projections and contingency measures for the Charleston, West Virginia

(Kanawha and Putnam Counties) revised and effective August 10, 1994.

PART 81--[AMENDED]

3. The authority citation for part 81 continues to read as follows:

Subpart C--Section 107 Attainment Status Designation

4. In Sec. 81.349 the ozone table is amended by revising the

entries for ``Kanawha County'' and Putnam County'' under Charleston

Area to read as follows:

Sec. 81.349 West Virginia.

* * * * *

West Virginia--Ozone

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Designation Classification

Designated area -----------------------------------------------------------------------------------

Date\1\ Type Date Type

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Charleston Area Kanawha October 6, 1994............ Unclassifiable/Attainment.. ........... ...........

County..

Putnam County............... October 6, 1994............ Unclassifiable/Attainment.. ........... ...........

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

[FR Doc. 94-21947 Filed 9-2-94; 8:45 am]

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