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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV27-1-7013a, WV27-2-7014a; FRL-5265-9]

Approval and Promulgation of Air Quality Implementation Plans;

Designation of Areas for Air Quality Planning Purposes; Redesignation

of the Greenbrier County WV Ozone Nonattainment Area to Attainment and

Approval of the Area's Maintenance Plan and Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a redesignation request and two State

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

Virginia. The first SIP revision is the 1990 base year ozone inventory

for Greenbrier County. The second SIP revision establishes and requires

a maintenance plan for the Greenbrier County 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 the 1990 base year ozone inventory, a

redesignation request and the maintenance plan for Greenbrier County.

On December 22, 1992 the West Virginia Department of Commerce, Labor &

Environmental Resources submitted an ozone inventory for 1990. On

September 9, 1994, the West Virginia Division of Environmental

Protection (WVDEP) submitted a request to redesignate Greenbrier County

from nonattainment to attainment. On September 9, 1994, the WVDEP also

submitted a maintenance plan for Greenbrier County as a revision to the

West Virginia State Implementation Plan. This action is being taken

under sections 107 and 110 of the Clean Air Act (the Act).

DATES: This action will become effective September 18, 1995 unless

notice is received on or before September 5, 1995 that adverse or

critical comments will be submitted. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, 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, U.S. Environmental

Protection Agency, 401 M Street, SW, Washington, DC 20460; and the West

Virginia Division of Environmental Protection, Office of Air Quality,

1558 Washington Street, East, Charleston, West Virginia, 25311.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545.

SUPPLEMENTARY INFORMATION:

I. Background

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

enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-

7671q.

[[Page 39858]]

Under section 107(d)(1) of the Act, in conjunction with the Governor of

West Virginia, EPA was required to designate Greenbrier County as

nonattainment because the area violated the ozone standard in 1987-

1989.

Air quality data, recorded in the Greenbrier County area, met the

ozone NAAQS from 1989-1991 and has subsequently continued to indicate

attainment and maintenance through 1994. West Virginia submitted a

ozone maintenance SIP and redesignation request on September 9, 1994.

II. Review of West Virginia's Submittal

Following is a brief description of how the State of West

Virginia's September 9, 1994 submittal fulfills 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. Because the base year emissions inventory is an

integral element of the maintenance plan, EPA will discuss its

evaluation under its analysis of the maintenance plan. 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 notice.

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 Greenbrier County ozone nonattainment area. Ambient ozone

monitoring data for 1989 through 1994 show attainment of the ozone

NAAQS in Greenbrier County, West Virginia. 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 air quality in this 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 Greenbrier County, West Virginia 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 September 9, 1994, 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

Greenbrier County, 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 preamendment

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

many duplicate other requirements of the Act (see 57 FR 27936 and

23939, June 23, 1992). 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.

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. For Greenbrier County which was first

designated nonattainment on January 6, 1993, these section 172(c)

requirements would have become due January 6, 1995. Therefore, these

section 172(c) requirements were not applicable to ozone nonattainment

areas on or before September 9, 1994--the date the State of West

Virginia submitted a complete redesignation request and maintenance

plan for Greenbrier County. The Greenbrier County area currently has a

fully approved New Source Review (NSR) program. Upon redesignation of

this area to attainment, the prevention of significant deterioration

provisions (PSD) contained in part C of title I of the Act are

applicable. 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.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 states that the conformity

regulations would establish submittal dates (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 section 175A of the Act. 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 had not yet come due

before September 9, 1994, they are not applicable requirements under

section 107(d)(3)(E)(v) and, thus, do not affect approval of this

redesignation request. West Virginia has adopted transportation and

general conformity regulations and submitted these

[[Page 39859]]

complete regulations as revisions to the West Virginia SIP on November

13, 1994. The West Virginia conformity SIP revisions are the subject of

separate rulemaking actions.

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

Nonattainment Areas

The Greenbrier County nonattainment area is classified as marginal

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

September 9, 1994, the State was required to meet the emission

inventory requirement of section 182(a)(1) and the emissions statement

program requirement of section 182(a)(3)(b).

Section 182(a)(1) required an emissions inventory as specified by

section 172(c)(3) of actual emissions of carbon monoxide (CO), volatile

organic compounds (VOC) and nitrogen oxides (NOX) from all sources

by November 15, 1992. On December 22, 1992, West Virginia submitted an

emissions inventory for 1990 (the ``base year inventory'') which EPA

determined to be complete on April 16, 1993. Section 182(a)(3)(B)

required a SIP revision by November 15, 1992 to require stationary

sources of VOC and NOX emissions to report the actual emissions of

these pollutants annually. On November 12, 1992, West Virginia

submitted 45CSR29 ``Rule Requiring the Submission of Emission

Statements for Volatile Organic Compound Emissions And Oxides of

Nitrogen Emissions''. EPA is approving the base year inventory as part

of this rulemaking action. EPA is approving West Virginia Regulation

Title 45, Series 29, ``Rule Requiring the Submission of Emission

Statements for Volatile Organic Compound Emissions and Oxides of

Nitrogen Emissions'' in a separate rulemaking action also being

published in today's Federal Register.

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

EPA has determined that 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 Greenbrier County, West Virginia area. EPA

determined that the rules and the emission reductions achieved as a

result of those rules are enforceable.

Several other enforceable control measures have come into place

since the Greenbrier County, 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 1990 to 1992 from 9.5

pounds per square inch (psi) to 9.0 psi. 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, VOC emissions decreased

by 0.24 tons/day (1988-1990) and by 0.48 tons/day (1988-1993) in

Greenbrier County. Emissions of NOX were reduced by 0.10 tons/day

and 0.19 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 Greenbrier County 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 Greenbrier County 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

Greenbrier County, 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 December 22, 1992, the State of West Virginia submitted

comprehensive inventories of VOC, CO and NOX emissions from area,

stationary, and mobile sources for 1990. This inventory was used as the

basis for calculations to demonstrate maintenance. West Virginia

projected their 1990 inventory to 1993 in order to have a base year

inventory corresponding to 1993 which was selected as the attainment

base year. The 1993 VOC, NOX, and CO inventory is considered

representative of attainment conditions because no violations occurred

in 1993, and it reflects the typical inventory for the most recent, as

of September 1994, three-year period demonstrating attainment of the

ozone NAAQS standard in Greenbrier County.

West Virginia's submittal contains the detailed inventory data and

summaries by 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 Greenbrier

County West Virginia emission inventory. A summary of the base year and

projected maintenance year inventories are shown in the following

tables in section 5.B.

5.B. Demonstration of Maintenance-Projected Inventories

Below, totals for VOC and NOX emissions were projected from

the 1990 base year out to 2005. These projected inventories were

prepared in accordance with EPA guidance. Refer to EPA's TSD for more

in-depth details regarding the projected inventory for the

nonattainment areas.

[[Page 39860]]

Greenbrier County--VOC Projection Inventory Summary (Tons per day)

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

1990 base 1993 attain

year base 1996 proj. 1999 proj. 2002 proj. 2005

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Point............................. 0.04 0.04 0.05 0.05 0.05 0.05

Area.............................. 3.41 3.48 3.59 3.71 3.84 3.99

Mobile............................ 3.83 3.36 3.26 3.22 3.21 3.29

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Total......................... 7.28 6.88 6.90 6.98 7.10 7.33

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

Greenbrier County--NOX Projection Inventory Summary (Tons per day)

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

1990 base 1993 attain

year base 1996 proj. 1999 proj. 2002 proj. 2005 proj.

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

Point............................. 0.14 0.15 0.16 0.16 0.17 0.17

Area.............................. 0.59 0.59 0.59 0.59 0.59 0.59

Mobile............................ 5.00 4.82 4.71 4.62 4.57 4.68

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Total......................... 5.73 5.56 5.46 5.37 5.33 5.44

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As indicated in the previous tables, a decrease in NOX

emissions is projected in the Greenbrier County nonattainment area

throughout the maintenance period. A slight increase in VOC emissions

is projected for the Greenbrier County nonattainment area. However,

this projected emissions increase of 0.45 tons/day from 1993 to 2005

(of 0.05 tons/day from 1990 to 2005) is not expected to affect

maintenance of the ozone NAAQS in this rural area. These projections do

not consider the effect of future federal measures that are under a

court-ordered promulgation deadline. Such measures include, but are not

limited to, those for heavy duty diesel engines (see 59 FR 31306, June

17, 1994), small spark-ignition gasoline engines (see 59 FR 25399, May

16, 1994) and marine engines (see 59 FR 55930, November 9, 1994). These

measures are expected to keep the Greenbrier County VOC emissions under

the 1990 base year level.

There were no measured exceedances of the ozone NAAQS in 1990. As

discussed earlier, Greenbrier County has continued to monitor

attainment of the ozone NAAQS through 1994. EPA believes that these

emissions projections demonstrate that the nonattainment area will

continue to maintain the ozone NAAQS.

EPA does not believe that photochemical modelling would be useful

in the case of Greenbrier County for assessing the effects of the

projected VOC emissions increase. The natural, biogenic emissions in

the Greenbrier County VOC inventory exceed 86 tons per day in 1990 and

are projected to remain the same throughout the maintenance period. The

increases in the total (biogenic plus anthropogenic) VOC inventory to

be modeled are too small.

5.C. Verification of Continued Attainment

Continued attainment of the ozone NAAQS in Greenbrier County

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 a triennial 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 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 Greenbrier County 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, Greenbrier County 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 the monitor

in Greenbrier County, 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. Application of VOC/NOX reasonably available control

technology (RACT) requirements or similar emission limitations on

stationary sources,

2. A revision to new source permitting requirements requiring more

stringent emissions control technology and/or emission offsets.

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

[[Page 39861]]

on September 9, 1994 meets the requirements of section 175A of the Act.

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 September 18, 1995 unless by September 5, 1995, adverse

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice 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 September 18, 1995.

Final Action

EPA is approving the ozone maintenance plan for Greenbrier County

in West Virginia submitted on September 9, 1994 because it meets the

requirements of section 175A. EPA is approving the 1990 base year ozone

inventory for Greenbrier County. In addition, the Agency is

redesignating the Greenbrier County 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 Greenbrier County nonattainment area is subject to the Act's

requirements for marginal ozone nonattainment areas until and unless it

is redesignated to attainment.

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 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. 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).

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 175A of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. The rules being approved by this action will

impose no new requirements; such sources are already subject to these

regulations under State law. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action. EPA has also determined that this final action does not

include a mandate that may result in estimated costs of $100 million or

more to State, local, or tribal governments in the aggregate or to the

private sector.

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, base year ozone inventory, and maintenance plan for the

Greenbrier County ozone nonattainment area must be filed in the United

States Court of Appeals for the appropriate circuit by October 3, 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirement.

Dated: July 14, 1995.

Stanley L. Laskowski,

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)(36) to read

as follows:

Sec. 52.2520 Identification of plan.

* * * * *

(c) * * *

(36) The ten year ozone maintenance plan including emission

projections and contingency measures for Greenbrier County, West

Virginia effective on September 1, 1994 and submitted by the West

Virginia Division of Environmental Protection:

(i) Incorporation by reference.

(A) Letter of September 9, 1994 from the West Virginia Division of

Environmental Quality transmitting the ozone maintenance plan for

Greenbrier County.

[[Page 39862]]

(B) The ten year ozone maintenance plan including emission

projections and contingency measures for Greenbrier County, West

Virginia effective on September 1, 1994.

(ii) Additional Material.

(A) Remainder of September 9, 1994 State submittal pertaining to

the maintenance plan referenced in paragraph (c)(36)(i) of this

section.

(B) [Reserved]

3. Section 52.2531 is added to read as follows:

Sec. 52.2531 1990 base year emission inventory.

EPA approves as a revision to the West Virginia State

Implementation Plan the 1990 base year emission inventories for the

Greenbrier county ozone nonattainment area submitted by the Secretary,

West Virginia Department of Commerce, Labor & Environmental Resources

on December 22, 1992. These submittals consist of the 1990 base year

point, area, non-road mobile, biogenic and on-road mobile source

emission inventories in Greenbrier County for the following pollutants:

Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of

nitrogen (NOX).

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

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

for Greenbrier County to read as follows:

Sec. 81.349 West Virginia.

* * * * *

West Virginia.--Ozone

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

Designation Classification

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

Date 1 Type Date Type

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

* * * * * * *

Greenbrier Area:

Greenbrier County................. September 18, 1995............. Unclassifiable/Attainment................ ................. .................

* * * * * * *

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

[FR Doc. 95-19274 Filed 8-3-95; 8:45 am]

BILLING CODE 6560-50-P