Federal Register, Volume 60 Issue 150 (Friday, August 4, 1995)

[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39857-39862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19274]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[WV27-1-7013a, WV27-2-7014a; FRL-5265-9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a redesignation request and two State
Implementation Plan (SIP) revisions submitted by the State of West
Virginia. The first SIP revision is the 1990 base year ozone inventory
for Greenbrier County. The second SIP revision establishes and requires
a maintenance plan for the Greenbrier County 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 the 1990 base year ozone inventory, a
redesignation request and the maintenance plan for Greenbrier County.
On December 22, 1992 the West Virginia Department of Commerce, Labor &
Environmental Resources submitted an ozone inventory for 1990. On
September 9, 1994, the West Virginia Division of Environmental
Protection (WVDEP) submitted a request to redesignate Greenbrier County
from nonattainment to attainment. On September 9, 1994, the WVDEP also
submitted a maintenance plan for Greenbrier County as a revision to the
West Virginia State Implementation Plan. This action is being taken
under sections 107 and 110 of the Clean Air Act (the Act).

DATES: This action will become effective September 18, 1995 unless
notice is received on or before September 5, 1995 that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, 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, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; and the West
Virginia Division of Environmental Protection, Office of Air Quality,
1558 Washington Street, East, Charleston, West Virginia, 25311.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990 the Clean Air Act Amendments of 1990 were
enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q.

[[Page 39858]]
Under section 107(d)(1) of the Act, in conjunction with the Governor of
West Virginia, EPA was required to designate Greenbrier County as
nonattainment because the area violated the ozone standard in 1987-
1989.
Air quality data, recorded in the Greenbrier County area, met the
ozone NAAQS from 1989-1991 and has subsequently continued to indicate
attainment and maintenance through 1994. West Virginia submitted a
ozone maintenance SIP and redesignation request on September 9, 1994.

II. Review of West Virginia's Submittal

Following is a brief description of how the State of West
Virginia's September 9, 1994 submittal fulfills 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. Because the base year emissions inventory is an
integral element of the maintenance plan, EPA will discuss its
evaluation under its analysis of the maintenance plan. 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 notice.

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 Greenbrier County ozone nonattainment area. Ambient ozone
monitoring data for 1989 through 1994 show attainment of the ozone
NAAQS in Greenbrier County, West Virginia. 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 air quality in this 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 Greenbrier County, West Virginia 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 September 9, 1994, 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
Greenbrier County, 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 preamendment
SIP met these requirements. As to those requirements that were amended
many duplicate other requirements of the Act (see 57 FR 27936 and
23939, June 23, 1992). 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.
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. For Greenbrier County which was first
designated nonattainment on January 6, 1993, these section 172(c)
requirements would have become due January 6, 1995. Therefore, these
section 172(c) requirements were not applicable to ozone nonattainment
areas on or before September 9, 1994--the date the State of West
Virginia submitted a complete redesignation request and maintenance
plan for Greenbrier County. The Greenbrier County area currently has a
fully approved New Source Review (NSR) program. Upon redesignation of
this area to attainment, the prevention of significant deterioration
provisions (PSD) contained in part C of title I of the Act are
applicable. 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.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 states that the conformity
regulations would establish submittal dates (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 section 175A of the Act. 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 had not yet come due
before September 9, 1994, they are not applicable requirements under
section 107(d)(3)(E)(v) and, thus, do not affect approval of this
redesignation request. West Virginia has adopted transportation and
general conformity regulations and submitted these

[[Page 39859]]
complete regulations as revisions to the West Virginia SIP on November
13, 1994. The West Virginia conformity SIP revisions are the subject of
separate rulemaking actions.
2.B.3. Subpart 2 of Part D--Section 182 Provisions for Ozone
Nonattainment Areas
The Greenbrier County nonattainment area is classified as marginal
and is subject to the requirements of section 182(a) of the Act. As of
September 9, 1994, the State was required to meet the emission
inventory requirement of section 182(a)(1) and the emissions statement
program requirement of section 182(a)(3)(b).
Section 182(a)(1) required an emissions inventory as specified by
section 172(c)(3) of actual emissions of carbon monoxide (CO), volatile
organic compounds (VOC) and nitrogen oxides (NOX) from all sources
by November 15, 1992. On December 22, 1992, West Virginia submitted an
emissions inventory for 1990 (the ``base year inventory'') which EPA
determined to be complete on April 16, 1993. Section 182(a)(3)(B)
required a SIP revision by November 15, 1992 to require stationary
sources of VOC and NOX emissions to report the actual emissions of
these pollutants annually. On November 12, 1992, West Virginia
submitted 45CSR29 ``Rule Requiring the Submission of Emission
Statements for Volatile Organic Compound Emissions And Oxides of
Nitrogen Emissions''. EPA is approving the base year inventory as part
of this rulemaking action. EPA is approving West Virginia Regulation
Title 45, Series 29, ``Rule Requiring the Submission of Emission
Statements for Volatile Organic Compound Emissions and Oxides of
Nitrogen Emissions'' in a separate rulemaking action also being
published in today's Federal Register.
3. Fully Approved SIP Under Section 110(k) of the Act

EPA has determined that 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 Greenbrier County, West Virginia area. EPA
determined that the rules and the emission reductions achieved as a
result of those rules are enforceable.
Several other enforceable control measures have come into place
since the Greenbrier County, 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 1990 to 1992 from 9.5
pounds per square inch (psi) to 9.0 psi. 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, VOC emissions decreased
by 0.24 tons/day (1988-1990) and by 0.48 tons/day (1988-1993) in
Greenbrier County. Emissions of NOX were reduced by 0.10 tons/day
and 0.19 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 Greenbrier County 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 Greenbrier County 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
Greenbrier County, 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 December 22, 1992, the State of West Virginia submitted
comprehensive inventories of VOC, CO and NOX emissions from area,
stationary, and mobile sources for 1990. This inventory was used as the
basis for calculations to demonstrate maintenance. West Virginia
projected their 1990 inventory to 1993 in order to have a base year
inventory corresponding to 1993 which was selected as the attainment
base year. The 1993 VOC, NOX, and CO inventory is considered
representative of attainment conditions because no violations occurred
in 1993, and it reflects the typical inventory for the most recent, as
of September 1994, three-year period demonstrating attainment of the
ozone NAAQS standard in Greenbrier County.
West Virginia's submittal contains the detailed inventory data and
summaries by 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 Greenbrier
County West Virginia emission inventory. A summary of the base year and
projected maintenance year inventories are shown in the following
tables in section 5.B.
5.B. Demonstration of Maintenance-Projected Inventories
Below, totals for VOC and NOX emissions were projected from
the 1990 base year out to 2005. These projected inventories were
prepared in accordance with EPA guidance. Refer to EPA's TSD for more
in-depth details regarding the projected inventory for the
nonattainment areas.

[[Page 39860]]
Greenbrier County--VOC Projection Inventory Summary (Tons per day)
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1990 base 1993 attain
year base 1996 proj. 1999 proj. 2002 proj. 2005
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Point............................. 0.04 0.04 0.05 0.05 0.05 0.05
Area.............................. 3.41 3.48 3.59 3.71 3.84 3.99
Mobile............................ 3.83 3.36 3.26 3.22 3.21 3.29
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Total......................... 7.28 6.88 6.90 6.98 7.10 7.33
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Greenbrier County--NOX Projection Inventory Summary (Tons per day)
----------------------------------------------------------------------------------------------------------------
1990 base 1993 attain
year base 1996 proj. 1999 proj. 2002 proj. 2005 proj.
----------------------------------------------------------------------------------------------------------------
Point............................. 0.14 0.15 0.16 0.16 0.17 0.17
Area.............................. 0.59 0.59 0.59 0.59 0.59 0.59
Mobile............................ 5.00 4.82 4.71 4.62 4.57 4.68
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Total......................... 5.73 5.56 5.46 5.37 5.33 5.44
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As indicated in the previous tables, a decrease in NOX
emissions is projected in the Greenbrier County nonattainment area
throughout the maintenance period. A slight increase in VOC emissions
is projected for the Greenbrier County nonattainment area. However,
this projected emissions increase of 0.45 tons/day from 1993 to 2005
(of 0.05 tons/day from 1990 to 2005) is not expected to affect
maintenance of the ozone NAAQS in this rural area. These projections do
not consider the effect of future federal measures that are under a
court-ordered promulgation deadline. Such measures include, but are not
limited to, those for heavy duty diesel engines (see 59 FR 31306, June
17, 1994), small spark-ignition gasoline engines (see 59 FR 25399, May
16, 1994) and marine engines (see 59 FR 55930, November 9, 1994). These
measures are expected to keep the Greenbrier County VOC emissions under
the 1990 base year level.
There were no measured exceedances of the ozone NAAQS in 1990. As
discussed earlier, Greenbrier County has continued to monitor
attainment of the ozone NAAQS through 1994. EPA believes that these
emissions projections demonstrate that the nonattainment area will
continue to maintain the ozone NAAQS.
EPA does not believe that photochemical modelling would be useful
in the case of Greenbrier County for assessing the effects of the
projected VOC emissions increase. The natural, biogenic emissions in
the Greenbrier County VOC inventory exceed 86 tons per day in 1990 and
are projected to remain the same throughout the maintenance period. The
increases in the total (biogenic plus anthropogenic) VOC inventory to
be modeled are too small.
5.C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in Greenbrier County
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 a triennial 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 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 Greenbrier County 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, Greenbrier County 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 the monitor
in Greenbrier County, 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. Application of VOC/NOX reasonably available control
technology (RACT) requirements or similar emission limitations on
stationary sources,
2. A revision to new source permitting requirements requiring more
stringent emissions control technology and/or emission offsets.
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

[[Page 39861]]
on September 9, 1994 meets the requirements of section 175A of the Act.
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 September 18, 1995 unless by September 5, 1995, adverse
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice 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 September 18, 1995.

Final Action

EPA is approving the ozone maintenance plan for Greenbrier County
in West Virginia submitted on September 9, 1994 because it meets the
requirements of section 175A. EPA is approving the 1990 base year ozone
inventory for Greenbrier County. In addition, the Agency is
redesignating the Greenbrier County 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 Greenbrier County nonattainment area is subject to the Act's
requirements for marginal ozone nonattainment areas until and unless it
is redesignated to attainment.
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 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. 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).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements; such sources are already subject to these
regulations under State law. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action. EPA has also determined that this final action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
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, base year ozone inventory, and maintenance plan for the
Greenbrier County ozone nonattainment area must be filed in the United
States Court of Appeals for the appropriate circuit by October 3, 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirement.

Dated: July 14, 1995.
Stanley L. Laskowski,
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)(36) to read
as follows:

Sec. 52.2520 Identification of plan.

* * * * *
(c) * * *
(36) The ten year ozone maintenance plan including emission
projections and contingency measures for Greenbrier County, West
Virginia effective on September 1, 1994 and submitted by the West
Virginia Division of Environmental Protection:
(i) Incorporation by reference.
(A) Letter of September 9, 1994 from the West Virginia Division of
Environmental Quality transmitting the ozone maintenance plan for
Greenbrier County.

[[Page 39862]]

(B) The ten year ozone maintenance plan including emission
projections and contingency measures for Greenbrier County, West
Virginia effective on September 1, 1994.
(ii) Additional Material.
(A) Remainder of September 9, 1994 State submittal pertaining to
the maintenance plan referenced in paragraph (c)(36)(i) of this
section.
(B) [Reserved]
3. Section 52.2531 is added to read as follows:

Sec. 52.2531 1990 base year emission inventory.

EPA approves as a revision to the West Virginia State
Implementation Plan the 1990 base year emission inventories for the
Greenbrier county ozone nonattainment area submitted by the Secretary,
West Virginia Department of Commerce, Labor & Environmental Resources
on December 22, 1992. These submittals consist of the 1990 base year
point, area, non-road mobile, biogenic and on-road mobile source
emission inventories in Greenbrier County for the following pollutants:
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).

PART 81--[AMENDED]

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

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

Subpart C--Section 107 Attainment Status Designations

4. In Sec. 81.349 the ozone table is amended by revising the entry
for Greenbrier County to read as follows:

Sec. 81.349 West Virginia.

* * * * *

West Virginia.--Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------
Date ^{1 Type Date Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Greenbrier Area:
Greenbrier County................. September 18, 1995............. Unclassifiable/Attainment................ ................. .................

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95-19274 Filed 8-3-95; 8:45 am]
BILLING CODE 6560-50-P}