[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21947]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WV9-1-6583, WV9-2-6584; FRL-5057-1]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 13, 1992, the West Virginia Department of 
Commerce, Labor and 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 and also 
submitted a maintenance plan for the Charleston area as a revision to 
the West Virginia State Implementation Plan (SIP). On June 13, 1994, 
EPA proposed approval of West Virginia's redesignation request and 
maintenance plan. No adverse comments were received on the proposal. 
EPA is approving West Virginia's request to redesignate the Charleston 
moderate ozone nonattainment area from nonattainment to attainment and 
is approving the maintenance plan submitted by WVOAQ as a revision to 
the West Virginia SIP because relevant requirements set forth in the 
Clean Air Act, as amended in 1990, have been met. This action is being 
taken in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule will become effective September 6, 
1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107 and the West Virginia Department of Environmental Protection, 
Office of Air Quality, 1558 Washington Street, East, Charleston, West 
Virginia, 25311.

FOR FURTHER INFORMATION CONTACT: Michael Dubowe at (215) 597-1109, Todd 
Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION: On June 13, 1994 (59 FR 30326-30331), EPA 
published a notice of proposed rulemaking (NPR) for the State of West 
Virginia. The NPR proposed that the Charleston moderate ozone 
nonattainment area be redesignated from nonattainment to attainment and 
that the maintenance plan submitted by the WVOAQ as a revision to the 
West Virginia SIP be approved contingent upon West Virginia's submittal 
of a revision to its maintenance plan's provisions to clarify the 
procedures for implementation of contingency measures. The formal 
request for the redesignation of the Charleston moderate ozone 
nonattainment area from nonattainment to attainment and the maintenance 
plan SIP revision were submitted to EPA by the State of West Virginia 
on November 13, 1992. Subsequent revisions to the State's maintenance 
plan were submitted to EPA on February 28, 1994 and August 10, 1994.

Maintenance Plan

    West Virginia's August 10, 1994 submittal revised the maintenance 
plan to clarify the State's enforceable procedures for implementation 
of contingency measures specified in the maintenance plan. The revision 
requires that one or more of the ``contingency measures'' listed and 
described in the maintenance plan shall be selected within three months 
after verification of a violation of the ozone national ambient air 
quality standard. The regulatory measures shall be adopted as emergency 
rules and implemented within six months after adoption. In accordance 
with West Virginia law, the provisions of these emergency regulations 
are fully enforceable. The emergency rule(s), subsequently, will be 
filed as legislative rule(s) for permanent authorization by the 
legislature in accordance with West Virginia law.
    EPA is approving the State of West Virginia's maintenance plan for 
the Charleston area because EPA finds that West Virginia's submittal 
meets the requirements of section 175A of the CAA.

Errors and Corrections

    The NPR for the Charleston redesignation request and maintenance 
plan SIP revision published in the Federal Register on June 13, 1994 
(59 FR 30326-30331) contains several errors that are corrected as 
follows:
    Summary, 59 FR 30326. The third sentence of this section reads ``* 
* * West Virginia submitted an update to its November 13, 1994 
submittal.'' The date in this sentence should have read November 13, 
1992.
    Section I--Background, 59 FR 30326 and 30327. This section states 
that West Virginia submitted a SIP projecting attainment by December 
31, 1982 and failed to meet that deadline. This statement is incorrect, 
invalidating the subsequent language referring to Charleston as a 
nonattainment area for that period. On November 25, 1980, West Virginia 
requested that the EPA approve a change in the Designation of Air 
Quality Control Region (AQCR) IV from nonattainment of the ozone NAAQS 
to attainment based on air quality data showing attainment for the 
years 1978-1980. EPA approved this request in the November 9, 1981 
Federal Register (46 FR 55261). The area remained in attainment of the 
ozone NAAQS until 1988. As a result of 1988 calendar year ambient ozone 
measurements, EPA notified West Virginia on November 8, 1989 that the 
State's ozone SIP was inadequate to assure the attainment of the ozone 
NAAQS in several counties including the Charleston (Kanawha/Putnam 
County) area. Pursuant to the 1990 Clean Air Act amendments, this area 
was officially designated as a moderate ozone nonattainment area on 
January 6, 1991.
    Section III. Review of West Virginia's Submittal, subsection 5.B., 
59 FR 30330. This section states that ``* * * emissions projections are 
dependent upon the implementation of the federal reformulated gasoline 
program.'' This statement is incorrect. West Virginia's maintenance 
plan did not commit to the use of or rely on credits from the federal 
reformulated gasoline program.
    Other specific requirements of the Charleston ozone nonattainment 
area redesignation request and associated maintenance plan and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. All of the public comments received on the NPR 
were positive and in support of EPA's action to approve the 
redesignation request and maintenance plan.

Final Action

    EPA is approving West Virginia's request to redesignate the 
Charleston moderate ozone nonattainment area from nonattainment to 
attainment 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. In addition, EPA is approving the 
ozone maintenance plan for the Charleston area as a revision to the 
West Virginia SIP because it meets the requirements of 175A.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, to approve the maintenance plan for the 
Charleston area and to redesignate the Charleston ozone nonattainment 
area to attainment, must be filed in the United States Court of Appeals 
for the appropriate circuit by November 7, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: August 10, 1994.
W.T. Wisniewski,
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)(32) to read 
as follows:


Sec. 52.2520  Identification of plan.

* * * * *
    (c) * * *
    (29) The ten year ozone maintenance plan including emission 
projections and contingency measures for Charleston, West Virginia 
(Kanawha and Putnam Counties), as revised and effective on August 10, 
1994 and submitted by the West Virginia Division of Environmental 
Protection; Office of Air Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for the Charleston, West Virginia 
(Kanawha and Putnam Counties) revised and effective August 10, 1994.

PART 81--[AMENDED]

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

Subpart C--Section 107 Attainment Status Designation

    4. In Sec. 81.349 the ozone table is amended by revising the 
entries for ``Kanawha County'' and Putnam County'' under Charleston 
Area to read as follows:


Sec. 81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone                                              
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                                                     Designation                             Classification     
       Designated area       -----------------------------------------------------------------------------------
                                        Date\1\                        Type                 Date        Type    
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Charleston Area Kanawha       October 6, 1994............  Unclassifiable/Attainment..  ...........  ...........
 County..                                                                                                       
Putnam County...............  October 6, 1994............  Unclassifiable/Attainment..  ...........  ...........
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\1\This date is November 15, 1990, unless otherwise noted.                                                      

[FR Doc. 94-21947 Filed 9-2-94; 8:45 am]
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