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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV23-1-6421a, WV23-2-6422a; FRL-5060-4]

Approval and Promulgation of Air Quality Implementation Plans and

Designation of Areas for Air Quality Planning Purposes; Redesignation

of the Huntington, 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: EPA is approving a redesignation request and a State

Implementation Plan (SIP) revision submitted by the State of West

Virginia. This SIP revision approves a maintenance plan for the

Huntington area including contingency measures which provide for

continued attainment of the ozone National Ambient Air Quality Standard

(NAAQS). The intended effect of this action is to approve a

redesignation request and maintenance plan for the Huntington area.

This action will also remove any sanctions imposed on the Huntington

area under section 179 of the Clean Air Act, as amended in 1990 (the

Act). On November 12, 1992, the West Virginia Department of Commerce,

Labor and Environmental Resources; Division of Environmental Protection

(WVDEP) submitted a request to redesignate the Huntington portion

(Cabell and Wayne counties) of the multi-state Huntington-Ashland

moderate ozone nonattainment area from nonattainment to attainment. On

November 12, 1992, the WVDEP also submitted a maintenance plan for the

Huntington area as a revision to the West Virginia State Implementation

Plan. On February 22, 1994, and August 10, 1994 WVDEP provided

clarifying revisions to its maintenance plan. The Kentucky portion of

the Huntington-Ashland nonattainment area includes Boyd County and a

portion of Greenup County. Kentucky's request for redesignation and the

maintenance plan for the Ashland, Kentucky portion of the nonattainment

area has been submitted to EPA and is the subject of a separate

rulemaking document. This action is being taken under sections 107 and

110 of the Act. In this action, EPA is redesignating the Huntington

moderate ozone nonattainment area to attainment and is approving the

maintenance plan submitted by the WVDEP as a SIP revision to the West

Virginia SIP.

DATES: This final rule will become effective October 21, 1994 unless

before October 6, 1994 adverse comments are submitted. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, 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; the Air and

Radiation Docket and Information Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460, and West Virginia Department of Environmental Protection, Office

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

25311-2599.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp at (215) 597-8375 or Todd

Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION:

I. Background

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

were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. Under section 107(d)(1) of the Act, in conjunction with the

Governor of West Virginia, EPA was required to designate the Huntington

area as nonattainment because the area violated the ozone standard in

1987-1989. Under section 107(d)(1)(C), EPA designated Boyd County of

Kentucky as nonattainment by operation of law with respect to ozone

because the area was designated nonattainment before the date of

enactment of the 1990 amendments to the Act. The nonattainment area was

expanded to include portions of Greenup County of Kentucky per section

107(d)(1)(A)(i) (See 56 FR 56694 (November 6, 1991) and 57 FR 56762

(November 30, 1992), codified at 40 CFR 81.318.) Furthermore, the

Huntington-Ashland area was classified as a multi-state moderate ozone

nonattainment under section 181(a)(1) of the Act. See 56 FR 56694

(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40

CFR 81.349.

Air quality monitored data recorded in the West Virginia portion of

the area met the ozone NAAQS from 1989-1991 and has subsequently

continued to indicate attainment and maintenance through 1993. West

Virginia submitted an ozone maintenance SIP and redesignation request

on November 12, 1992. The Kentucky portion attained the ozone NAAQS,

based on air quality data from 1991 through 1993. West Virginia

submitted a revision to its maintenance plan on February 22, 1994. This

revision was done to include ambient monitoring data from 1991-1993

indicating attainment throughout the entire nonattainment area

including Kentucky's portion. A second revision to the maintenance plan

was provided on August 10, 1994 which clarified the procedures for

implementation of the contingency measures of West Virginia's

maintenance plan.

II. Review of West Virginia's Submittal

Following is a brief description of how the State of West

Virginia's November 12, 1992 submittal along with the additional

revisions to the maintenance plan of February 22, 1994 and August 10,

1994 fulfill the five requirements of section 107(d)(3)(E) of the Act.

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. The

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

for the entire Huntington-Ashland nonattainment area. Ambient ozone

monitoring data for 1989 through 1991 show attainment of the ozone

NAAQS in the Huntington, West Virginia area. Ambient ozone monitoring

data for 1991 through 1993 show attainment of the ozone NAAQS for the

entire Huntington-Ashland area. See 40 CFR 50.9 and appendix H. The

State of West Virginia's request for redesignation included

documentation that the entire area has complete quality assured data

showing attainment of the standard over the most recent consecutive

three calendar year period. Therefore the area has met the first

statutory criterion of attainment of the ozone NAAQS. West Virginia has

also met the second statutory criterion by committing to continue

monitoring the moderate nonattainment area in accordance with the Act's

requirements as prescribed in 40 CFR part 58.

2. Meeting Applicable Requirements of Section 110 and Part D

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

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

of section 110(a)(2) and part D of the 1977 Act. The Clean Air Act

Amendments of 1990, 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 and determined that it contains all measures that were due under

the Act prior to November 12, 1992, the date the State of West Virginia

submitted its redesignation request satisfying the completeness

criteria of 40 CFR part 51 appendix V.

2.A. Section 110 Requirements

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

Huntington, 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 amended section

110(a)(2) of the Act. The SIP contains enforceable emission limitations

adequate to produce attainment, requires monitoring, compiling, and

analyzing ambient air quality data. It provides for adequate funding,

staff, and associated resources necessary to implement SIP

requirements, and requires stationary source emissions monitoring and

reporting. Once the redesignation to attainment is approved, the Act

requires that provisions for the prevention of significant

deterioration (PSD) apply for the preconstruction review of new major

stationary sources and major modifications to existing ones. EPA

approved West Virginia's PSD program on April 11, 1986 (51 FR 12517)

which, under the approved SIP, applies in all designated attainment

areas.

2.B. Part D Requirements

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

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

applicable no later than three 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 12, 1992--the date the State of West Virginia submitted

a complete redesignation request and maintenance plan for Huntington.

West Virginia has, however, completed and submitted a 1993 base year

emissions inventory for the Huntington ozone nonattainment area in

accordance with EPA's guidance. The year 1993 was chosen as the base

year to correspond with the base year being used by Kentucky for the

Ashland portion of the area. The year 1993 is the base year from which

emissions have been projected through the year 2005 in the maintenance

plan.

2.B.2. Subpart 1 of Part D--Section 176 Conformity Plan 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, EPA's General Preamble

for the Implementation of title I informed State 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

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 yet 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 Huntington-Ashland nonattainment area is classified as moderate

and is subject to the requirements of section 182(b) of the Act. As of

November 12, 1992, the State was required to meet the provisions of

section 182(a)(2)(A) to correct its Reasonably Available Control

Technology (RACT) requirements to control volatile organic compounds

(VOCs) in effect prior to enactment of the 1990 amendments. The State

of West Virginia submitted those RACT corrections as SIP revisions to

EPA on June 4, 1991. A notice of final rulemaking approving these RACT

corrections was published on September 17, 1992 (57 FR 42895).

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 Huntington, West Virginia nonattainment area.

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

result of those rules are enforceable. As stated above, since enactment

of the 1990 amendments the State of West Virginia submitted revisions

to its RACT regulations--Title 45 Legislative Rules, Series 21,

Regulation to Prevent and Control Air Pollution from Emission of

Volatile Organic Compounds (``Series 21''). EPA finds that these

additional measures contribute to the permanence and enforceability of

reductions in ambient ozone levels in the Huntington, West Virginia

area.

Several other enforceable control measures have come into place

since the Huntington, West Virginia area violated the ozone NAAQS.

Reductions in ozone precursor emissions occurred due to the mandatory

lowering of fuel volatility and automobile fleet turnover due to the

Federal Motor Vehicle Control Program. The Reid Vapor Pressure (RVP) of

gasoline decreased during the years 1988 to 1990 from 10.5 pounds per

square inch (psi) to 9.5 psi and continued to decrease from 9.5 psi in

1990 to 9.0 psi in 1992. Reductions due to these programs were

determined using the mobile emission inventory model MOBILE 5.0a and

relevant vehicle miles traveled (VMT) data. As a result of these

permanent and enforceable reductions, emissions of VOCs decreased by

1.1 tons/day (1988-1990) and by 2.2 tons/day (1990-1992) in the

Huntington area. Emissions of nitrogen oxides (NOX) were reduced

by 0.3 tons/day and 0.4 tons/day during the same periods respectively

in this area. The State of West Virginia's maintenance plan requires

the continuation of the federal RVP program. The State demonstrated

that point source VOC emissions were not artificially low due to local

economic downturn during the period in which Huntington area 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 Huntington-Ashland 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 approving the West Virginia maintenance plan for the

Huntington, West Virginia area because EPA finds that West Virginia's

submittal meets the requirements of section 175A of the Act. The

Huntington, West Virginia 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 12, 1992, the state of West Virginia submitted

comprehensive inventories of VOC and NOX emissions from area,

stationary, and mobile sources using 1990 as the base year for

calculations to demonstrate maintenance. Since this area is part of a

multi-state area, West Virginia projected their 1990 inventory to 1993

in order to have a corresponding attainment base year with Kentucky.

The 1993 VOC, NOX, and CO inventory is considered most

representative of attainment conditions because no violations occurred

in 1993, and it reflects the typical inventory for the three-year

period demonstrating attainment of the standard for the entire

Huntington-Ashland area.

West Virginia's submittal contains the detailed inventory data and

summaries by county and source category. West Virginia's 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 VMT data was generated, what RVP was considered in the base year,

and other technical information verifying the validity of the

Huntington, West Virginia emission inventory.

A summary of the base year and projected maintenance year

inventories are shown in the following two tables in section 5.B. The

TSD which has been prepared for this action contains a more in-depth

description of the base year inventory for the Huntington area.

5.B. Demonstration of Maintenance--Projected Inventories

As summarized in the following tables, totals for VOC and NOX

emissions were projected from the 1990 and 1993 base years out to the

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 within the Huntington area are not

expected to exceed the level of the base year attainment 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. Finally, EPA's TSD contains more in-depth details regarding

the projected emission inventories for the Huntington area.

Huntington VOC Projection Inventory Summary

[Tons per day]

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

1993

1990 Attain 1996 1999 2002 2005

base base proj proj proj proj

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

Point........................ 13.3 12.6 11.8 11.6 11.5 11.4

Area......................... 16.7 17.0 15.9 16.2 16.5 16.9

Mobile....................... 12.2 10.1 9.6 9.2 9.0 9.0

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

Total...................... 42.3 39.6 37.2 37.0 37.0 37.2

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

Huntington NOX Projection Inventory Summary

[Tons per day]

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

1993

1990 attain 1996 1999 2002 2005

base base proj proj proj proj

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

Point........................ 15.9 15.9 13.9 14.1 14.2 14.3

Area......................... 13.3 13.4 13.4 13.5 13.5 13.6

Mobile....................... 10.7 10.3 10.0 9.7 9.5 9.7

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

Total...................... 39.9 39.5 37.3 37.3 37.2 37.6

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

As indicated in the previous tables, projections indicate that

there was an emissions decrease in VOCs and NOX in the

nonattainment area. EPA believes that these emissions projections

demonstrate that the nonattainment area will continue to maintain the

ozone NAAQS.

5.C. Verification of Continued Attainment

Continued attainment of the ozone NAAQS in the Huntington area

depends, in part, on the State of West Virginia's 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. West Virginia 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.

5.D. Contingency Plan

The level of VOC and NOx emissions in the Huntington area will

largely determine its ability to stay in compliance with the ozone

NAAQS. Despite the State of West Virginia's best efforts to demonstrate

continued compliance with the NAAQS, the Huntington 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 at any of the

three monitors in the Huntington-Ashland area, 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, West Virginia will accordingly

select and adopt additional measures including one or more of the

following to assure continued attainment:

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

include source categories previously excluded

2. A revision to new source permitting requirements requiring more

stringent emissions control technology and/or emission offsets

3. NOX RACT requirements if such requirements are not already

applicable

4. Regulations to establish plant-wide emission caps (potentially

with emissions trading provisions)

5. Stage II Vapor Recovery regulations

6. Highway Motor Vehicle Inspection and Maintenance Program

One or more of these regulatory revisions would be selected and a

draft regulation(s) developed by the West Virginia Division of

Environmental Protection (WVDEP) for adoption as an emergency rule(s)

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

standard violation. WVDEP's adopted emergency rule(s) for the selected

control measure(s) will be implemented within six (6) months after

adoption and will be filed as legislative rule(s) for permanent

authorization by the legislature as required under West Virginia law.

5.E. Subsequent Maintenance Plan Revisions

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 12, 1992 along with additional information

submitted on February 22, 1994 and August 10, 1994 meets the

requirements of section 175A of the CAA. Therefore, EPA is approving

the maintenance plan.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed.

This action will be effective October 21, 1994 unless by October 6,

1994, adverse comments are received. If EPA receives such comments,

this action will be withdrawn before the effective date by publishing a

subsequent document that will withdraw the final action. All public

comments received will then be addressed in a subsequent final rule

based on this action serving as a proposed rule. EPA will not institute

a second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on October 21, 1994.

Final Action

EPA is approving the ozone maintenance plan for the Huntington

(Cabell and Wayne counties) area of West Virginia submitted on November

12, 1992, as revised on February 22, 1994 and August 10, 1994 because

it meets the requirements of Section 175A. In addition, the Agency is

redesignating the Huntington area to ozone attainment because the

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

the Act for redesignation have been met.

The Huntington portion of the Huntington-Ashland nonattainment area

is subject to the Act's requirements for nonattainment areas until and

unless it is redesignated to attainment. Because it is a nonattainment

area, 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 the Huntington portion of the ozone

nonattainment area. Similarly on January 18, 1994, EPA notified the

Governor that West Virginia had failed to submit a 15% plan for the

area. These findings commenced the sanctions process outlined by

section 179 of the Act. The 2:1 offset sanction will be in effect in

the Huntington area as of September 6, 1994 as a result of the January

15, 1993 finding. Upon the effective date of this final approval by EPA

of West Virginia's redesignation request and maintenance plan, the

requirement for West Virginia to submit a basic I/M program and 15%

plan for this area will be lifted. Upon that same effective date, both

findings will be automatically rescinded in the Huntington area and any

sanctions imposed as of that date will be lifted.

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.

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. Redesignation of an area to attainment under section

107(d)(3)(E) of the CAA 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. The Administrator certifies that the approval of the

redesignation request will not affect a substantial number of small

entities. SIP approvals under section 110 and subchapter I, part D of

the Clean Air Act 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, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the Act, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIP's on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

This action has been classified as a Table 2 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 the requirements of section 6 of Executive Order

12866.

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

judicial review of this action to approve West Virginia's redesignation

request and maintenance plan for the Huntington portion of the

Huntington-Ashland ozone nonattainment area 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, Nitrogen

dioxide, Ozone.

40 CFR Part 81

Air pollution control, National Parks, Wilderness Areas.

Dated: August 19, 1994.

John R. Pomponio,

Acting Regional Administrator, Region III.

40 CFR part 52 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)(30) to read

as follows:

Sec. 52.2520 Identification of plan.

* * * * *

(c) * * *

(30) The ten year ozone maintenance plan including emission

projections and contingency measures for Huntington, West Virginia

(Cabell and Wayne counties) as revised and effective on August 10, 1994

and submitted by the West Virginia Division of Environmental

Protection:

(i) Incorporation by reference.

(A) The ten year ozone maintenance plan including emission

projections and contingency measures for Huntington, West Virginia

(Cabell and Wayne counties) revised and effective on August 10, 1994.

40 CFR part 81, subpart B of Chapter I, Title 40 is amended as

follows:

PART 81--[AMENDED]

Subpart B--Designation of Air Quality Control Regions

1. In Sec. 81.349, the ozone table is amended by revising the

entries for ``Cabell County'' and ``Wayne County'' to read as follows:

Sec. 81.349 West Virginia.

* * * * *

West Virginia--Ozone

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

Designation Classification

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

Date\1\ Type Date Type

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

Huntington-Ashland Area:

Cabell County........... October 21, 1994........... Unclassifiable/Attainment.. ........... ...........

Wayne County............ October 21, 1994........... Unclassifiable/Attainment.. ........... ...........

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

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

[FR Doc. 94-21949 Filed 9-2-94; 8:45 am]

BILLING CODE 6560-50-P