[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   
----------------------------------------------------------------------------------------------------------------
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
                                   -----------------------------------------------------------------------------
    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
                                   -----------------------------------------------------------------------------
    Total.........................         5.73         5.56         5.46         5.37         5.33         5.44
----------------------------------------------------------------------------------------------------------------

    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