[Federal Register Volume 59, Number 112 (Monday, June 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14286]
[[Page Unknown]]
[Federal Register: June 13, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WV9-1-6419, WV9-2-6425 FRL-4997-8]
Approval and Promulgation of Air Quality Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; Redesignation
of the Charleston West Virginia 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 Charleston moderate ozone nonattainment area (Kanawha
and Putnam Counties) from nonattainment to attainment. On November 13,
1992, the WVOAQ also submitted a maintenance plan for the Charleston
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
Charleston 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 Act. The approved maintenance plan will
become a federally enforceable part of the SIP for the Charleston area.
DATES: Comments must be received on July 13, 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 or
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 Charleston, 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 Charleston, 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
Charleston, 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 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30,
1992), codified at 40 CFR 81.347.
The Charleston, 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 Charleston, 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 Charleston, 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
Charleston, 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
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 Charleston, West Virginia area. See 40 CFR
Sec. 50.9 and appendix H. The State of West Virginia's request for
redesignation included documentation that the Charleston, 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 Charleston, 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 Charleston 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 Charleston 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 Charleston, 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
Charleston, 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 Charleston, 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 Charleston, 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 Charleston. 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 Charleston 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
Charleston 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 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 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 Charleston, 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 Charleston, West Virginia
nonattainment area, the Charleston, 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 final rule 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
Charleston 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 Charleston, 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 Charleston, 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 8.14 tons/day and emissions of nitrogen oxides
(NOX) were reduced by 3.1 tons/day in Charleston. 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 Charleston, 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
automobiles operated in the Charleston 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 Charleston,
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 FMVCP 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
Charleston, 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 Charleston, 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 Charleston 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 Charleston, 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 Charleston, 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 Charleston West Virginia
emission inventory.
The State of West Virginia's submittal contains the detailed
inventory data and summaries by source category. This inventory was
prepared in accordance with EPA guidances. 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 Charleston area.
Summary of Emissions From the Charleston Nonattainment Area for 1990
------------------------------------------------------------------------
VOC CO (tpd) NOX
Source category (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 27.5 83.9 16.9
Point..................................... 49.0 27.9 389.2
Highway Mobile............................ 28.5 222.2 27.9
-----------------------------
Total Emissions..................... 105.0 334.1 434.0
------------------------------------------------------------------------
Summary of Emissions From the Charleston Nonattainment Area for 1993
------------------------------------------------------------------------
VOC CO (tpd) NOX
Source Category (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 28.4 84.7 17.0
Point..................................... 42.3 27.4 392.7
Highway Mobile............................ 23.8 191.7 27.2
-----------------------------
Total Emissions..................... 94.5 303.8 437.0
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).
Summary of Emissions From the Charleston Nonattainment Area for 1996
------------------------------------------------------------------------
VOC CO (tpd) NOX
Source category (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 26.8 85.5 17.1
Point..................................... 41.0 27.0 356.0
Highway mobile............................ 23.0 179.9 26.7
-----------------------------
Total emissions..................... 90.7 292.5 399.8
------------------------------------------------------------------------
Summary of Emissions From the Charleston Nonattainment Area for 1999
------------------------------------------------------------------------
VOC NOX
Source Category (tpd) CO (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 27.5 87.0 17.3
Point..................................... 39.7 26.8 362.0
Highway mobile............................ 22.6 171.8 26.3
-----------------------------
Total emissions..................... 89.8 285.6 405.6
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).
Summary of Emissions From the Charleston Nonattainment Area for 2002
------------------------------------------------------------------------
VOC NOX
Source category (tpd) CO (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 28.2 87.8 17.5
Point..................................... 39.0 26.6 364.2
Highway Mobile............................ 22.4 172.0 26.1
-----------------------------
Total emissions..................... 89.6 286.4 407.7
------------------------------------------------------------------------
Summary of Emissions From the Charleston Nonattainment Area for 2005
------------------------------------------------------------------------
VOC NOX
Source category (tpd) CO (tpd) (tpd)
------------------------------------------------------------------------
Area...................................... 29.0 89.3 17.6
Point..................................... 37.9 26.2 366.9
Highway Mobile............................ 23.0 179.5 27.0
-----------------------------
Total emissions..................... 89.9 295.0 411.5
------------------------------------------------------------------------
All Emissions in Tons Per Day (tpd).
5.B. Demonstration of Maintenance--Projected Inventories
In addition to the continued use of lower RVP gasoline (9.0) 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 out 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 Charleston, West
Virginia area depends, in part, on the State of West Virginia 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. 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 Charleston 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 Charleston 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, the
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 excluded.
2. Revised new source permitting requirements requiring more
stringent emissions control technology and/or emissions offsets.
3. NOX RACT requirements.
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 Revision
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
Charleston, 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 Charleston, 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
document.
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 Charleston 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,
Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 28, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 94-14286 Filed 6-10-94; 8:45 am]
BILLING CODE 6560-50-P