[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: 94-21949]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WV23-1-6421a, WV23-2-6422a; FRL-5060-4]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a redesignation request and a State 
Implementation Plan (SIP) revision submitted by the State of West 
Virginia. This SIP revision approves a maintenance plan for the 
Huntington area including contingency measures which provide for 
continued attainment of the ozone National Ambient Air Quality Standard 
(NAAQS). The intended effect of this action is to approve a 
redesignation request and maintenance plan for the Huntington area. 
This action will also remove any sanctions imposed on the Huntington 
area under section 179 of the Clean Air Act, as amended in 1990 (the 
Act). On November 12, 1992, the West Virginia Department of Commerce, 
Labor and Environmental Resources; Division of Environmental Protection 
(WVDEP) submitted a request to redesignate the Huntington portion 
(Cabell and Wayne counties) of the multi-state Huntington-Ashland 
moderate ozone nonattainment area from nonattainment to attainment. On 
November 12, 1992, the WVDEP also submitted a maintenance plan for the 
Huntington area as a revision to the West Virginia State Implementation 
Plan. On February 22, 1994, and August 10, 1994 WVDEP provided 
clarifying revisions to its maintenance plan. The Kentucky portion of 
the Huntington-Ashland nonattainment area includes Boyd County and a 
portion of Greenup County. Kentucky's request for redesignation and the 
maintenance plan for the Ashland, Kentucky portion of the nonattainment 
area has been submitted to EPA and is the subject of a separate 
rulemaking document. This action is being taken under sections 107 and 
110 of the Act. In this action, EPA is redesignating the Huntington 
moderate ozone nonattainment area to attainment and is approving the 
maintenance plan submitted by the WVDEP as a SIP revision to the West 
Virginia SIP.

DATES: This final rule will become effective October 21, 1994 unless 
before October 6, 1994 adverse comments are submitted. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, 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 (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, and West Virginia Department of Environmental Protection, Office 
of Air Quality, 1558 Washington Street, East Charleston, West Virginia, 
25311-2599.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp at (215) 597-8375 or Todd 
Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 15, 1990 the Clean Air Act Amendments of 1990 (the Act) 
were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Under section 107(d)(1) of the Act, in conjunction with the 
Governor of West Virginia, EPA was required to designate the Huntington 
area as nonattainment because the area violated the ozone standard in 
1987-1989. Under section 107(d)(1)(C), EPA designated Boyd County of 
Kentucky as nonattainment by operation of law with respect to ozone 
because the area was designated nonattainment before the date of 
enactment of the 1990 amendments to the Act. The nonattainment area was 
expanded to include portions of Greenup County of Kentucky per section 
107(d)(1)(A)(i) (See 56 FR 56694 (November 6, 1991) and 57 FR 56762 
(November 30, 1992), codified at 40 CFR 81.318.) Furthermore, the 
Huntington-Ashland area was classified as a multi-state moderate ozone 
nonattainment under section 181(a)(1) of the Act. See 56 FR 56694 
(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40 
CFR 81.349.
    Air quality monitored data recorded in the West Virginia portion of 
the area met the ozone NAAQS from 1989-1991 and has subsequently 
continued to indicate attainment and maintenance through 1993. West 
Virginia submitted an ozone maintenance SIP and redesignation request 
on November 12, 1992. The Kentucky portion attained the ozone NAAQS, 
based on air quality data from 1991 through 1993. West Virginia 
submitted a revision to its maintenance plan on February 22, 1994. This 
revision was done to include ambient monitoring data from 1991-1993 
indicating attainment throughout the entire nonattainment area 
including Kentucky's portion. A second revision to the maintenance plan 
was provided on August 10, 1994 which clarified the procedures for 
implementation of the contingency measures of West Virginia's 
maintenance plan.

II. Review of West Virginia's Submittal

    Following is a brief description of how the State of West 
Virginia's November 12, 1992 submittal along with the additional 
revisions to the maintenance plan of February 22, 1994 and August 10, 
1994 fulfill 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. 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 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 
for the entire Huntington-Ashland nonattainment area. Ambient ozone 
monitoring data for 1989 through 1991 show attainment of the ozone 
NAAQS in the Huntington, West Virginia area. Ambient ozone monitoring 
data for 1991 through 1993 show attainment of the ozone NAAQS for the 
entire Huntington-Ashland area. 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 moderate nonattainment 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 the Huntington, West Virginia area 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 November 12, 1992, 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 
Huntington, 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 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. Once the redesignation to attainment is approved, the Act 
requires that provisions for the prevention of significant 
deterioration (PSD) apply for the preconstruction review of new major 
stationary sources and major modifications to existing ones. 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. 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. EPA has determined that these 
requirements were not applicable to ozone nonattainment areas on or 
before November 12, 1992--the date the State of West Virginia submitted 
a complete redesignation request and maintenance plan for Huntington. 
West Virginia has, however, completed and submitted a 1993 base year 
emissions inventory for the Huntington ozone nonattainment area in 
accordance with EPA's guidance. The year 1993 was chosen as the base 
year to correspond with the base year being used by Kentucky for the 
Ashland portion of the area. The year 1993 is the base year from which 
emissions have been projected through the year 2005 in the maintenance 
plan.
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 State 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 
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 yet 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 Huntington-Ashland nonattainment area is classified as moderate 
and is subject to the requirements of section 182(b) of the Act. As of 
November 12, 1992, the State was required to meet the provisions of 
section 182(a)(2)(A) to correct its Reasonably Available Control 
Technology (RACT) requirements to control volatile organic compounds 
(VOCs) in effect prior to enactment of the 1990 amendments. 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).

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 Huntington, West Virginia nonattainment area. 
EPA determined that the rules and the emission reductions achieved as a 
result of those rules are enforceable. As stated above, since enactment 
of the 1990 amendments the State of West Virginia submitted revisions 
to its RACT regulations--Title 45 Legislative Rules, Series 21, 
Regulation to Prevent and Control Air Pollution from Emission of 
Volatile Organic Compounds (``Series 21''). EPA finds that these 
additional measures contribute to the permanence and enforceability of 
reductions in ambient ozone levels in the Huntington, West Virginia 
area.
    Several other enforceable control measures have come into place 
since the Huntington, 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 1988 to 1990 from 10.5 pounds per 
square inch (psi) to 9.5 psi and continued to decrease from 9.5 psi in 
1990 to 9.0 psi in 1992. 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, emissions of VOCs decreased by 
1.1 tons/day (1988-1990) and by 2.2 tons/day (1990-1992) in the 
Huntington area. Emissions of nitrogen oxides (NOX) were reduced 
by 0.3 tons/day and 0.4 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 Huntington area 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 Huntington-Ashland 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 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 
Huntington, 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 November 12, 1992, the state of West Virginia submitted 
comprehensive inventories of VOC and NOX emissions from area, 
stationary, and mobile sources using 1990 as the base year for 
calculations to demonstrate maintenance. Since this area is part of a 
multi-state area, West Virginia projected their 1990 inventory to 1993 
in order to have a corresponding attainment base year with Kentucky. 
The 1993 VOC, NOX, and CO inventory is considered most 
representative of attainment conditions because no violations occurred 
in 1993, and it reflects the typical inventory for the three-year 
period demonstrating attainment of the standard for the entire 
Huntington-Ashland area.
    West Virginia's submittal contains the detailed inventory data and 
summaries by county and 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 
Huntington, West Virginia emission inventory.
    A summary of the base year and projected maintenance year 
inventories are shown in the following two tables in section 5.B. The 
TSD which has been prepared for this action contains a more in-depth 
description of the base year inventory for the Huntington area.
5.B. Demonstration of Maintenance--Projected Inventories
    As summarized in the following tables, totals for VOC and NOX 
emissions were projected from the 1990 and 1993 base years out to the 
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 within the Huntington area are not 
expected to exceed the level of the base year attainment 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. Finally, EPA's TSD contains more in-depth details regarding 
the projected emission inventories for the Huntington area.

               Huntington VOC Projection Inventory Summary              
                             [Tons per day]                             
------------------------------------------------------------------------
                                       1993                             
                                1990  Attain   1996   1999   2002   2005
                                base   base    proj   proj   proj   proj
------------------------------------------------------------------------
Point........................   13.3    12.6   11.8   11.6   11.5   11.4
Area.........................   16.7    17.0   15.9   16.2   16.5   16.9
Mobile.......................   12.2    10.1    9.6    9.2    9.0    9.0
                              ------------------------------------------
  Total......................   42.3    39.6   37.2   37.0   37.0   37.2
------------------------------------------------------------------------


               Huntington NOX Projection Inventory Summary              
                             [Tons per day]                             
------------------------------------------------------------------------
                                       1993                             
                                1990  attain   1996   1999   2002   2005
                                base   base    proj   proj   proj   proj
------------------------------------------------------------------------
Point........................   15.9    15.9   13.9   14.1   14.2   14.3
Area.........................   13.3    13.4   13.4   13.5   13.5   13.6
Mobile.......................   10.7    10.3   10.0    9.7    9.5    9.7
                              ------------------------------------------
  Total......................   39.9    39.5   37.3   37.3   37.2   37.6
------------------------------------------------------------------------

    As indicated in the previous tables, projections indicate that 
there was an emissions decrease in VOCs and NOX in the 
nonattainment area. EPA believes that these emissions projections 
demonstrate that the nonattainment area will continue to maintain the 
ozone NAAQS.
5.C. Verification of Continued Attainment
    Continued attainment of the ozone NAAQS in the Huntington area 
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 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.
5.D. Contingency Plan
    The level of VOC and NOx emissions in the Huntington area 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, the Huntington 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 at any of the 
three monitors in the Huntington-Ashland area, 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. An extension of the applicability of 45CSR21 (VOC/RACT rule) to 
include source categories previously excluded
2. A revision to new source permitting requirements requiring more 
stringent emissions control technology and/or emission offsets
3. NOX RACT requirements if such requirements are not already 
applicable
4. Regulations to establish plant-wide emission caps (potentially 
with emissions trading provisions)
5. Stage II Vapor Recovery regulations
6. Highway Motor Vehicle Inspection and Maintenance Program

    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 on November 12, 1992 along with additional information 
submitted on February 22, 1994 and August 10, 1994 meets the 
requirements of section 175A of the CAA. 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 October 21, 1994 unless by October 6, 
1994, adverse comments are received. If EPA receives such comments, 
this action will be withdrawn before the effective date by publishing a 
subsequent document 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 October 21, 1994.

Final Action

    EPA is approving the ozone maintenance plan for the Huntington 
(Cabell and Wayne counties) area of West Virginia submitted on November 
12, 1992, as revised on February 22, 1994 and August 10, 1994 because 
it meets the requirements of Section 175A. In addition, the Agency is 
redesignating the Huntington area to ozone attainment because the 
Agency has determined that the provisions of Section 107(d)(3)(E) of 
the Act for redesignation have been met.
    The Huntington portion of the Huntington-Ashland nonattainment area 
is subject to the Act's requirements for nonattainment areas until and 
unless it is redesignated to attainment. Because it is a nonattainment 
area, on January 15, 1993 EPA notified the Governor of West Virginia 
that it had made a finding that West Virginia had failed to submit 
either a full or committal SIP revision for a basic inspection and 
maintenance (I/M) program for the Huntington portion of the ozone 
nonattainment area. Similarly on January 18, 1994, EPA notified the 
Governor that West Virginia had failed to submit a 15% plan for the 
area. These findings commenced the sanctions process outlined by 
section 179 of the Act. The 2:1 offset sanction will be in effect in 
the Huntington area as of September 6, 1994 as a result of the January 
15, 1993 finding. Upon the effective date of this final approval by EPA 
of West Virginia's redesignation request and maintenance plan, the 
requirement for West Virginia to submit a basic I/M program and 15% 
plan for this area will be lifted. Upon that same effective date, both 
findings will be automatically rescinded in the Huntington area and any 
sanctions imposed as of that date will be lifted.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    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 CAA 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).
    This action has been classified as a Table 2 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from 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 and maintenance plan for the Huntington portion of the 
Huntington-Ashland ozone nonattainment area must be filed in the United 
States Court of Appeals for the appropriate circuit by 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, Nitrogen 
dioxide, Ozone.

40 CFR Part 81

    Air pollution control, National Parks, Wilderness Areas.

    Dated: August 19, 1994.
John R. Pomponio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

    2. Section 52.2520 is amended by adding paragraph (c)(30) to read 
as follows:


Sec. 52.2520  Identification of plan.

* * * * *
    (c) * * *
    (30) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) as revised and effective on August 10, 1994 
and submitted by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) revised and effective on August 10, 1994.
    40 CFR part 81, subpart B of Chapter I, Title 40 is amended as 
follows:

PART 81--[AMENDED]

Subpart B--Designation of Air Quality Control Regions

    1. In Sec. 81.349, the ozone table is amended by revising the 
entries for ``Cabell County'' and ``Wayne County'' to read as follows:


Sec. 81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone                                              
----------------------------------------------------------------------------------------------------------------
                                                     Designation                             Classification     
       Designated area       -----------------------------------------------------------------------------------
                                        Date\1\                        Type                 Date         Type   
----------------------------------------------------------------------------------------------------------------
Huntington-Ashland Area:                                                                                        
    Cabell County...........  October 21, 1994...........  Unclassifiable/Attainment..  ...........  ...........
    Wayne County............  October 21, 1994...........  Unclassifiable/Attainment..  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

[FR Doc. 94-21949 Filed 9-2-94; 8:45 am]
BILLING CODE 6560-50-P