[Federal Register Volume 59, Number 244 (Wednesday, December 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31267]


[[Page Unknown]]

[Federal Register: December 21, 1994]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WV 23-1-6820, WV23-2-6821; FRL-5124-4]

 

Approval and Promulgation of Air Quality Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes; Redesignation 
of the Huntington West Virginia 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 of the area from moderate ozone nonattainment to 
ozone attainment and to approve a maintenance plan for the 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). 
This action is being taken in accordance with the Clean Air Act (CAA).

EFFECTIVE DATE: This rule will become effective on December 21, 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; the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; West Virginia Department of Environmental Protection, Office of 
Air Quality, 1558 Washington Street, East, Charleston, West Virginia, 
25311.

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

SUPPLEMENTARY INFORMATION: On September 6, 1994 (59 FR 46019), EPA 
published a Notice of Proposed Rulemaking (NPR) for the State of West 
Virginia. The NPR proposed approval of the maintenance plan and 
redesignated the Huntington area to attainment for ozone. The formal 
request for redesignating the Huntington moderate ozone nonattainment 
area to attainment and the maintenance plan SIP revision were submitted 
to EPA by the State of West Virginia on November 12, 1992. On February 
22, 1994 and August 10, 1994 West Virginia provided clarifying 
revisions to its maintenance plan. The maintenance plan for the 
Huntington area provides for emissions tracking, triggers to implement 
contingency measures, and a schedule for implementing the measures. 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 emissions 
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 
control measures.
    The specific requirements for the redesignation and maintenance 
plan and the rationale for EPA's proposed action are explained in the 
NPR and will not be restated here. Two letters supporting the 
redesignation and maintenance plan were received, and one adverse 
comment letter was received on the NPR. Following are the comments that 
were submitted relevant to EPA's action to redesignate the Huntington 
area and to approve the maintenance plan. EPA responses follow each 
comment.
    Comment #1: The Commonwealth of Kentucky supports the request to 
redesignate the West Virginia portion of the Huntington-Ashland 
moderate ozone nonattainment area to attainment. In conjunction with 
Kentucky's request to redesignate the Kentucky portion of the 
Huntington-Ashland moderate ozone nonattainment area to attainment, 
West Virginia's maintenance plan and contingency measures meet the U.S. 
EPA's criteria and guidance to ensure that the air quality in this area 
will be preserved.
    Response #1: EPA acknowledges this comment.
    Comment #2: Columbia Gas Transmission Corporation (Columbia) wishes 
to strongly support the proposed redesignation to ozone attainment of 
the Huntington, West Virginia area (Wayne and Cabell Counties). In view 
of the fact that there have been no violations of the ozone standard in 
the Huntington area since the 1989 ozone season, it is appropriate for 
this redesignation to be approved. The maintenance and contingency 
plans should assure continued attainment will be maintained.
    Response #2: EPA acknowledges this comment.
    Comment #3: The Ohio Valley Environmental Coalition (OVEC) 
commented that contingency measures of the maintenance plan are not 
adequate to assure attainment since the exact causes of ozone 
nonattainment in this area are not well understood.
    Response #3: As stated in the NPR, EPA believes that the criteria 
of sections 107(d)(3)(E)(iii) and 175A have been met by the Huntington 
area. The Huntington area has not recorded an ozone violation in the 
last five years. During this period, permanent and enforceable 
reductions in ozone precursors occurred. As part of their maintenance 
plan, West Virginia will carefully track precursor emissions. If for 
any reason, a substantial increase in emissions occurs or if ozone 
violations are recorded, the contingency measures in the maintenance 
plan allow the State to choose the most appropriate measure(s) to deal 
with the situation. The combination of emissions tracking and available 
contingency measures will allow the State to mitigate future problems 
should they occur.
    Comment #4: OVEC also commented that the first two measures of the 
contingency plan which include extending the VOC/RACT requirement to 
sources previously excluded and requiring more stringent controls and/
or emissions offsets for new sources should be implemented immediately.
    Response #4: The Huntington area has not had any ozone violations 
for five years. Permanent and enforceable reductions in ozone precursor 
emissions have occurred, and negative growth is expected in the area. 
This information indicates that the area will continue to maintain the 
ozone standard in the future, and that the contingency measures do not 
need to be implemented at this time.
    Comment #5: OVEC also commented that NOX emissions estimates 
in the area appear to be low, and more study is needed to determine if 
additional NOX RACT requirements would help reduce ozone.
    Response #5: The NOX emission estimates for the Huntington 
area were determined through the application of current EPA emission 
inventory guidance. Therefore, these emission estimates are considered 
by EPA to accurately represent NOX emissions for the area. If 
substantial increases in emissions of NOX were to occur, the 
appropriate contingency measure(s) would be used to reduce the 
emissions of this ozone precursor.
    Comment #6: OVEC also commented that the emission caps to be set 
for existing plants as described as contingency measures should be set 
now, including a cap for the largest stationary source which is in 
Kentucky.
    Response #6: West Virginia has time to determine how caps would be 
set, when and if it were necessary to choose this contingency measure. 
West Virginia cannot set emission caps for sources in Kentucky. 
Detailed information about the maintenance plan for Kentucky's portion 
of the ozone nonattainment area will appear in the separate notice 
prepared by EPA Region IV.
    Comment #7: OVEC commented that the contingency measures related to 
Stage II and vehicle inspection and maintenance (I/M) programs do not 
address the main stationary sources of ozone precursors. These programs 
are costly and would not be productive.
    Response #7: For the past five years, Huntington has not 
experienced violations of the ozone standard due to reductions in 
mobile emissions. While current predictions do not indicate future 
increases in mobile emissions, contingency measures such as Stage II 
and I/M could provide a cost effective means of offsetting potential 
emissions increases from mobile and/or stationary source growth.
    Comment #8: OVEC commented that until all causes of the ozone 
problem are understood in detail, no contingency plan is adequate.
    Response #8: As previously mentioned, the Huntington area has not 
had a violation of the ozone standard in five years. Permanent and 
enforceable reductions have occurred, and future predictions indicate 
that emissions from all source categories will remain below emissions 
for these sources in the base attainment year of 1993. Therefore it is 
unlikely that ozone problems will occur again. However, in order to 
maintain attainment, the state will carefully track and periodically 
update the emissions inventory for the area. If substantial growth of 
emissions occurs or if ozone violations are recorded, the contingency 
measures will be examined and an appropriate measure(s) will be 
implemented. Since emissions of both VOC and NOX are being tracked 
and the list of contingency measures covers both precursor pollutants 
and a variety of source categories, the state can determine which 
sources need to be controlled and which measures need to be 
implemented.
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.
    Because it was 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 has been in effect in the Huntington area since 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.
    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 E.O. 12866 review.
    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 February 21, 
1995. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for the 
purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)
List of Subjects
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.
    Dated: December 6, 1994.
Peter H. Kostmayer,
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)(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.
* * * * *

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

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


Sec. 81.349  West Virginia.

* * * * *

                                              West Virginia--Ozone                                              
----------------------------------------------------------------------------------------------------------------
                                                      Designation                            Classification     
        Designated area         --------------------------------------------------------------------------------
                                            Date1                       Type                Date         Type   
----------------------------------------------------------------------------------------------------------------
Huntington-Ashland Area:                                                                                        
    Cabell County..............  December 21, 1994.........  Unclassifiable/Attainment  ...........  ...........
    Wayne County...............  December 21, 1994.........  Unclassifiable/Attainment  ...........  ...........
----------------------------------------------------------------------------------------------------------------
A1This date is November 15, 1990, unless otherwise noted.                                                       

* * * * *
[FR Doc. 94-31267 Filed 12-20-94; 8:45 am]
BILLING CODE 6560-50-P