[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14172]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[WV24-1-6423, WV24-2-6424 FRL-4895-6]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; Redesignation 
of the Parkersburg, WV 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 Parkersburg moderate ozone nonattainment area from 
nonattainment to attainment. On November 13, 1992, the WVOAQ also 
submitted a maintenance plan for the Parkersburg 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 Parkersburg 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 Clean Air Act. The approved maintenance plan will become a 
federally enforceable part of the SIP for the Parkersburg area.

DATES: Comments must be received on July 11, 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, 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 Parkersburg, 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 Parkersburg, 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 
Parkersburg, 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 (November 6, 1991) and 57 FR 56762 (Nov. 
30, 1992), codified at 40 CFR 81.347.
    The Parkersburg, 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 Parkersburg 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 Parkersburg, 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 
Parkersburg, 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 
the 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 Parkersburg, West Virginia area. See 40 CFR 50.9 
and appendix H. The State of West Virginia's redesignation request 
included documentation that the Parkersburg, 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 Parkersburg, 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 Parkersburg 
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 Parkersburg 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 Parkersburg, 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 
Parkersburg, 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 Parkersburg, 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 Parkersburg, 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 Parkersburg. 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 Parkersburg 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 
Parkersburg 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 USEPA 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 Parkersburg, 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 Parkersburg, West Virginia 
nonattainment area, the Parkersburg, 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 notice of final rulemaking 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 
Parkersburg 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 Parkersburg, 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 Parkersburg, 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 2.28 tons/day and emissions of nitrogen oxides (NOx) 
were reduced by 1.0 tons/day in Parkersburg. 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 
Parkersburg, 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 automobile 
operated in the Parkersburg 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 Parkersburg, 
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 Federal 
Motor Vehicle Control Program 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 
Parkersburg, 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 Parkersburg, 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 Parkersburg, 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 Parkersburg, 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 Parkersburg, 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 Parkersburg, West Virginia 
emission inventory.
    The State of West Virginia submittal contains the detailed 
inventory data and summaries by source category. This inventory was 
prepared in accordance with EPA guidance. 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 Parkersburg area.

 Summary of Emissions From The Parkersburg Nonattainment Area for 1990  
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................     10.2     29.0      6.1
Point........................................     34.9      3.1     13.9
Highway Mobile...............................      8.0     63.6      6.9
                                              --------------------------
  Total Emissions............................     53.2     95.7     26.9
------------------------------------------------------------------------


 Summary of Emissions From The Parkersburg Nonattainment Area for 1993  
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................     10.5     29.3      6.1
Point........................................     33.7      3.0     13.4
Highway Mobile...............................      6.6     53.9      6.7
                                              --------------------------
  Total Emissions............................     50.8     86.2    26.2 
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).                                    


  Summary of Emissions From The Parkersburg Nonattainment Area for 1996 
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................      9.9     29.7      6.1
Point........................................     32.6      2.9     13.0
Highway mobile...............................      6.3     50.1      6.5
                                              --------------------------
  Total emissions............................     48.8     82.6     25.6
------------------------------------------------------------------------


  Summary of Emissions From The Parkersburg Nonattainment Area for 1999 
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................     10.2     30.3      6.2
Point........................................     31.5      2.8     12.6
Highway mobile...............................      6.1     47.6      6.3
                                              --------------------------
  Total emissions............................     47.8     80.7     25.1
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).                                    


  Summary of Emissions From The Parkersburg Nonattainment Area for 2002 
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................     10.4     30.6      6.2
Point........................................     31.0      2.7     12.4
Highway mobile...............................      6.0     47.5      6.2
                                              --------------------------
  Total emissions............................     47.3     80.8     24.8
------------------------------------------------------------------------


  Summary of Emissions From The Parkersburg Nonattainment Area for 2005 
------------------------------------------------------------------------
                                                 VOC       CO      NOx  
               Source category                  (tpd)    (tpd)    (tpd) 
------------------------------------------------------------------------
Area.........................................     10.6     31.2      6.3
Point........................................     30.0      2.6     12.0
Highway mobile...............................      6.0     49.1      6.4
                                              --------------------------
  Total emissions............................     46.7     82.9     24.7
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).                                    

5.B. Demonstration of Maintenance--Projected Inventories

    In addition to the continued use of lower RVP gasoline (7.8) 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 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 Parkersburg, West 
Virginia area depends, in part, on the State of West Virginia effort 
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 Parkersburg 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 Parkersburg 
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, 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 exclude
    2. Revised new source permitting requirements requiring more 
stringent emissions control technology and/or emissions offsets.
    3. NOx RACT requirements, if such requirements are not already 
applicable.
    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 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 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 
Parkersburg, 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 Parkersburg, 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 
notice.
    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 Parkersburg 
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, 
and Ozone.

40 CFR Part 81

    Air pollution control, National Parks, Wilderness areas.

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

    Dated: March 28, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 94-14172 Filed 6-9-94; 8:45 am]
BILLING CODE 6560-50-P