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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV 23-1-6820, WV23-2-6821; FRL-5124-4]

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

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 of the area from moderate ozone nonattainment to

ozone attainment and to approve a maintenance plan for the 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).

This action is being taken in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE: This rule will become effective on December 21, 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; the Air and Radiation Docket and Information Center, U.S.

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

20460; West Virginia Department of Environmental Protection, Office of

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

25311.

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

Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION: On September 6, 1994 (59 FR 46019), EPA

published a Notice of Proposed Rulemaking (NPR) for the State of West

Virginia. The NPR proposed approval of the maintenance plan and

redesignated the Huntington area to attainment for ozone. The formal

request for redesignating the Huntington moderate ozone nonattainment

area to attainment and the maintenance plan SIP revision were submitted

to EPA by the State of West Virginia on November 12, 1992. On February

22, 1994 and August 10, 1994 West Virginia provided clarifying

revisions to its maintenance plan. The maintenance plan for the

Huntington area provides for emissions tracking, triggers to implement

contingency measures, and a schedule for implementing the measures. 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 emissions

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

control measures.

The specific requirements for the redesignation and maintenance

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

NPR and will not be restated here. Two letters supporting the

redesignation and maintenance plan were received, and one adverse

comment letter was received on the NPR. Following are the comments that

were submitted relevant to EPA's action to redesignate the Huntington

area and to approve the maintenance plan. EPA responses follow each

comment.

Comment #1: The Commonwealth of Kentucky supports the request to

redesignate the West Virginia portion of the Huntington-Ashland

moderate ozone nonattainment area to attainment. In conjunction with

Kentucky's request to redesignate the Kentucky portion of the

Huntington-Ashland moderate ozone nonattainment area to attainment,

West Virginia's maintenance plan and contingency measures meet the U.S.

EPA's criteria and guidance to ensure that the air quality in this area

will be preserved.

Response #1: EPA acknowledges this comment.

Comment #2: Columbia Gas Transmission Corporation (Columbia) wishes

to strongly support the proposed redesignation to ozone attainment of

the Huntington, West Virginia area (Wayne and Cabell Counties). In view

of the fact that there have been no violations of the ozone standard in

the Huntington area since the 1989 ozone season, it is appropriate for

this redesignation to be approved. The maintenance and contingency

plans should assure continued attainment will be maintained.

Response #2: EPA acknowledges this comment.

Comment #3: The Ohio Valley Environmental Coalition (OVEC)

commented that contingency measures of the maintenance plan are not

adequate to assure attainment since the exact causes of ozone

nonattainment in this area are not well understood.

Response #3: As stated in the NPR, EPA believes that the criteria

of sections 107(d)(3)(E)(iii) and 175A have been met by the Huntington

area. The Huntington area has not recorded an ozone violation in the

last five years. During this period, permanent and enforceable

reductions in ozone precursors occurred. As part of their maintenance

plan, West Virginia will carefully track precursor emissions. If for

any reason, a substantial increase in emissions occurs or if ozone

violations are recorded, the contingency measures in the maintenance

plan allow the State to choose the most appropriate measure(s) to deal

with the situation. The combination of emissions tracking and available

contingency measures will allow the State to mitigate future problems

should they occur.

Comment #4: OVEC also commented that the first two measures of the

contingency plan which include extending the VOC/RACT requirement to

sources previously excluded and requiring more stringent controls and/

or emissions offsets for new sources should be implemented immediately.

Response #4: The Huntington area has not had any ozone violations

for five years. Permanent and enforceable reductions in ozone precursor

emissions have occurred, and negative growth is expected in the area.

This information indicates that the area will continue to maintain the

ozone standard in the future, and that the contingency measures do not

need to be implemented at this time.

Comment #5: OVEC also commented that NOX emissions estimates

in the area appear to be low, and more study is needed to determine if

additional NOX RACT requirements would help reduce ozone.

Response #5: The NOX emission estimates for the Huntington

area were determined through the application of current EPA emission

inventory guidance. Therefore, these emission estimates are considered

by EPA to accurately represent NOX emissions for the area. If

substantial increases in emissions of NOX were to occur, the

appropriate contingency measure(s) would be used to reduce the

emissions of this ozone precursor.

Comment #6: OVEC also commented that the emission caps to be set

for existing plants as described as contingency measures should be set

now, including a cap for the largest stationary source which is in

Kentucky.

Response #6: West Virginia has time to determine how caps would be

set, when and if it were necessary to choose this contingency measure.

West Virginia cannot set emission caps for sources in Kentucky.

Detailed information about the maintenance plan for Kentucky's portion

of the ozone nonattainment area will appear in the separate notice

prepared by EPA Region IV.

Comment #7: OVEC commented that the contingency measures related to

Stage II and vehicle inspection and maintenance (I/M) programs do not

address the main stationary sources of ozone precursors. These programs

are costly and would not be productive.

Response #7: For the past five years, Huntington has not

experienced violations of the ozone standard due to reductions in

mobile emissions. While current predictions do not indicate future

increases in mobile emissions, contingency measures such as Stage II

and I/M could provide a cost effective means of offsetting potential

emissions increases from mobile and/or stationary source growth.

Comment #8: OVEC commented that until all causes of the ozone

problem are understood in detail, no contingency plan is adequate.

Response #8: As previously mentioned, the Huntington area has not

had a violation of the ozone standard in five years. Permanent and

enforceable reductions have occurred, and future predictions indicate

that emissions from all source categories will remain below emissions

for these sources in the base attainment year of 1993. Therefore it is

unlikely that ozone problems will occur again. However, in order to

maintain attainment, the state will carefully track and periodically

update the emissions inventory for the area. If substantial growth of

emissions occurs or if ozone violations are recorded, the contingency

measures will be examined and an appropriate measure(s) will be

implemented. Since emissions of both VOC and NOX are being tracked

and the list of contingency measures covers both precursor pollutants

and a variety of source categories, the state can determine which

sources need to be controlled and which measures need to be

implemented.

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.

Because it was 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 has been in effect in the Huntington area since 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.

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 E.O. 12866 review.

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 February 21,

1995. 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.

Dated: December 6, 1994.

Peter H. Kostmayer,

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)(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.

* * * * *

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

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

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

Sec. 81.349 West Virginia.

* * * * *

West Virginia--Ozone

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Designation Classification

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

Date1 Type Date Type

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Huntington-Ashland Area:

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

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

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A1This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 94-31267 Filed 12-20-94; 8:45 am]

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