[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59205-59207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29471]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WV059-6017; FRL-7108-4]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revisions to the Ozone Maintenance Plan for the 
Huntington-Ashland Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of West Virginia. This revision amends 
West Virginia's ten-year plan to maintain the national ambient air 
quality standard (NAAQS) for ozone in the Huntington-Ashland area. The 
maintenance plan is being amended to implement contingency measures in 
response to recorded violations of the 1-hour ozone NAAQS, and to 
revise the motor vehicle emission sub-budgets for the West Virginia 
counties (Cabell and Wayne) that are located in the Huntington-Ashland 
area. This action is being taken under the Clean Air Act (the Act).

DATES: Written comments must be received on or before December 27, 
2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and West Virginia Department of Environmental Protection, Office of Air 
Quality, 1558 Washington Street, East, Charleston, West Virginia, 
25311.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
via e-mail at [email protected]. While clarifying questions 
may be posed via e-mail, formal comments must be submitted, in writing, 
as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    The Huntington-Ashland area includes Wayne and Cabell Counties in 
West Virginia, and Boyd County and a portion of Greenup County in 
Kentucky. On December 21, 1994 (59 FR 65719), EPA approved the State of 
West Virginia's request to redesignate the Huntington-Ashland moderate 
ozone nonattainment area to attainment, and also approved West 
Virginia's 10-year plan for continued maintenance of the 1-hour ozone 
NAAQS in the Huntington-Ashland area as a revision to the West Virginia 
SIP. On June 29, 1995 (60 FR 33748), EPA approved the Commonwealth of 
Kentucky's request to redesignate the Huntington-Ashland moderate ozone 
nonattainment area to attainment, and also approved the Commonwealth's 
10-year plan for continued maintenance of the 1-hour ozone NAAQS in the 
Huntington-Ashland area as a revision to the Kentucky SIP. While the 
maintenance plans submitted and approved for these two states cover the 
entire nonattainment area, each plan contains its own set of 
contingency measures.
    Each state's maintenance plan also identifies and establishes the 
applicable motor vehicle emission budgets (MVEBs) for its portion of 
the Huntington-Ashland area to which the area's transportation 
improvement program and long range transportation plan must conform. 
Conformity to MVEBs in the SIP means that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS. The Huntington-
Ashland maintenance plan identifies and establishes the applicable 
MVEBs for Cabell and Wayne Counties for both volatile organic compounds 
(VOC) and nitrogen oxides (NOX), which are precursors of 
ground level ozone, for the years 1996, 1999, 2002 and 2005.
    A provision of the West Virginia maintenance plan requires the 
state to adopt contingency measures in the event of a violation of the 
1-hour ozone NAAQS. In 1998, the West Virginia side of the Huntington-
Ashland area violated the 1-hour ozone NAAQS. In 1998, however, at the 
time of the violation, the 1-hour ozone NAAQS had been revoked (or made 
not applicable) by EPA in all areas that had attained the standard, 
including the Huntington-Ashland area. In July 2000 (65 FR 45181), EPA 
reinstated the 1-hour ozone NAAQS and notified West Virginia that it is 
required to implement the contingency measures contained in the SIP-
approved maintenance plan to address the violation that occurred in 
1998.
    On September 25, 2001, the West Virginia Department of 
Environmental Protection (WVDEP) submitted a request that EPA parallel 
process revisions to the West Virginia SIP's 1-hour ozone maintenance 
plan for the Huntington-Ashland area. West Virginia's maintenance plan 
is being amended to implement contingency measures in response to 
recorded violations of the 1-hour ozone NAAQS, and to revise the 
applicable MVEBs for Cabell and Wayne Counties. The proposed SIP 
revision consists of new requirements to control VOC emissions from 
marine tank vessel loading operations and revised MVEBs for VOC and 
NOX for the years 2002 and 2005. This rulemaking does not 
propose to amend Kentucky's maintenance plan for the Huntington-Ashland 
area.

II. Summary of West Virginia's SIP Revision Submittal

A. Control of VOC Emissions from Marine Tank Vessels

    West Virginia is implementing controls on marine tank vessel 
loading operations as a new control measure to prevent against future 
violations of the 1-hour ozone NAAQS. The National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for Marine Tank Vessel Loading 
Operations [40 CFR part 63, subpart Y] was adopted and effective in 
September 1995, and sources were required to comply with the emission 
limits by September 1999. These standards establish and require 
reasonably available control technology (RACT) to limit VOC emissions 
and maximum achievable control technology (MACT) standards to limit 
hazardous air pollutants from new and existing marine tank vessel 
loading operations. West Virginia has adopted these federal 
requirements into its state code at Code of State Regulation 45-34-

[[Page 59206]]

4. The marine tank vessel standards are both Federally and State 
enforceable. The purpose of the September 25, 2001 SIP revision is to 
incorporate the requirements to control VOC from marine tank vessel 
loading operations into the SIP. These control requirements are a 
contingency measure to prevent future violations of the 1-hour ozone 
NAAQS in the Huntington-Ashland area.

B. Revisions to the Motor Vehicle Emission Budgets

    The September 25, 2001 SIP revision, increases the MVEBs for the 
years 2002 and 2005. In the original maintenance plan for Huntington-
Ashland, emissions growth was projected for all source categories 
(point, area, and highway mobile) at three-year intervals starting with 
the year that the area attained the NAAQS (1993). Long term maintenance 
of the NAAQS is deemed to be demonstrated when total projected growth 
in emissions in all categories remains below the level of emissions 
that occurred in the attainment year. The amount of projected future 
emissions that is both below and beyond the level of the attainment 
year emissions is called the ``safety margin''. In its September 25, 
2001 SIP revision, West Virginia is proposing to reallocate a portion 
of the safety margins from the point and area source categories to the 
highway mobile category to increase the existing MVEBs for 
NOX and VOC for 2002 and 2005.

III. EPA's Evaluation of West Virginia's SIP Revision

    Because the Huntington-Ashland area violated the ozone NAAQS, West 
Virginia is required to adopt and implement contingency measures to 
reduce emissions. The contingency measure from its approved maintenance 
plan that West Virginia has adopted and implemented is RACT for the 
control of VOC emissions from marine tank vessel loading operations. 
One major source in the Huntington area is subject to these 
requirements, the Marathon Ashland Kenova Marine Terminal. The WVDEP 
estimates that compliance with the marine vessel standards results in 
an approximate 66 percent reduction of the total VOC point source 
emissions, and an additional 18 percent reduction in overall VOC 
emissions in the West Virginia portion of the Huntington-Ashland area.
    Five exceedances of the 1-hour ozone NAAQS were recorded at the 
Huntington monitor in 1998 and one exceedance occurred in 1999. Since 
the time of full implementation of the marine vessel loading 
requirements (September 1999), no exceedances of the ozone NAAQS have 
been recorded. Ozone data monitored for the years 1999, 2000, and 2001 
indicate that the Huntington-Ashland area is now once again attaining 
the 1-hour ozone NAAQS. The control requirements for marine tank vessel 
loading operations have provided a sufficient level of emission 
reductions to maintain the 1-hour NAAQS and have strengthened the SIP. 
Therefore, EPA believes that adequate contingency measures have been 
adopted and implemented for the Huntington-Ashland area to prevent 
future violations of the 1-hour ozone NAAQS.
    The SIP revision also revises the MVEBs applicable in Cabell and 
Wayne Counties for 2002 and 2005 by reallocating some of the projected 
excess emission reductions from the point and area sources located in 
those counties. In the originally approved maintenance plan, total VOC 
emissions in 2002 are projected to be 2.47 tons per day (TPD) below the 
1993 attainment year inventory, and total NOX emissions in 
2002 are projected to be 2.31 TPD lower than the 1993 attainment 
inventory. In this SIP revision, West Virginia proposes to use a 
portion of these excess emission reductions (2.22 TPD for VOC and 2.08 
TPD for NOX) to increase the MVEBs. For the year 2002, the 
MVEB will be increased from 8.98 TPD to 11.2 TPD for VOC and from 9.48 
TPD to 11.56 TPD for NOX.
    As previously stated, the SIP revision also revises the MVEBs 
applicable in Cabell and Wayne Counties for 2005 by reallocating some 
of the projected excess emission reductions from the point and area 
sources located in those counties. In its originally approved 
maintenance plan, total VOC emissions for 2005 are projected to be 2.20 
TPD below the 1993 attainment year inventory, and total NOX 
emissions are projected to be 1.96 TPD lower than the 1993 attainment 
inventory. In this SIP revision, West Virginia proposes to use a 
portion of these excess emission reductions (1.98 TPD for VOC and 1.76 
TPD for NOX) to increase the MVEBs applicable in Cabell and 
Wayne Counties. For the year 2005, the MVEB for VOC will be increased 
from 9.02 TPD to 11.0 TPD and for NOX the MVEB will be 
increased from 9.66 TPD to 11.43 TPD.
    EPA's review of this material indicates West Virginia has adopted 
adequate control measures such that the Huntington-Ashland area is once 
again attaining the 1-hour ozone standard. The adjustments being made 
to the 2002 and 2005 MVEBs continue to stay below the level of the 1993 
attainment year inventory and do not take any credit from the VOC 
emission reductions associated with the adoption and implementation of 
RACT to control VOC from marine tank vessel loading operations. 
Therefore, the reductions being implemented for contingency purposes 
are not being used to increase the MVEBs, and should yield an 
additional margin of safety. EPA believes that the proposed revisions 
to the Huntington-Ashland maintenance plan will continue to provide 
attainment of the 1-hour ozone NAAQS in the future.
    The relationship between determining the adequacy of MVEBs in a SIP 
versus approval of a SIP with motor vehicle emission budgets is 
delineated in the EPA's May 14, 1999 memorandum titled ``Conformity 
Guidance on Implementation of March 2, 1999 Conformity Court 
Decision.'' The MVEBs are actually approved, or disapproved, at the 
time EPA takes final action to approve or disapprove the SIP revision 
which identifies and establishes those budgets. West Virginia's 
September 25, 2001 SIP revision submittal of revised MVEBs for Cabell 
and Wayne Counties for the years 2002 and 2005 is posted on EPA's 
conformity Web site (http://www.epa.gov/oms/transp/conform/currsips.htm) noting that EPA is taking comment on the adequacy and 
approvability of these budgets via notice and comment rulemaking on the 
SIP revision. This is that proposed rulemaking. We are forgoing the 
standard adequacy process because the State has requested that we 
expedite the processing of this SIP revision. We have reviewed the 
revised MVEBs for 2002 and 2005 submitted by West Virginia on September 
25, 2001. Based upon our review, we conclude that the revised MVEBs 
meet the adequacy criteria set out at 40 CFR part 93, section 93.118, 
the Transportation Conformity Regulations. Therefore we are proposing 
to find the budgets adequate as well as proposing to approve them. A 
final action approving the revision to West Virginia's maintenance plan 
for the Huntington-Ashland area would have the effect of approving 
these revised MVEBs into the SIP and would negate the need for a 
separate finding of adequacy.
    We are seeking public comments on this proposed rulemaking 
including the adequacy of the revised MVEBs for Cabell and Wayne 
Counties and will accept such comments provided they are submitted as 
specified in the DATES and ADDRESSES sections of this document. We will 
not hold a separate comment period on the adequacy of

[[Page 59207]]

these budgets through the conformity web process. We will address all 
comments in our final rulemaking on the revisions to West Virginia's 
maintenance plan. Because the final rule on the revised maintenance 
plan will promulgate our final determination regarding both the 
approvability and adequacy of the SIP's MVEBs, we will not publish a 
separate Federal Register notice announcing our adequacy findings.
    EPA is proposing to approve the September 25, 2001 SIP revision to 
West Virginia's 1-hour ozone maintenance plan for the Huntington-
Ashland area. EPA is soliciting public comments on the issues discussed 
in this notice or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.
    This revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the state's procedures for amending its SIP. If the state's proposed 
revision is substantially changed in areas other than those identified 
in this notice, EPA will evaluate those changes and may publish another 
notice of proposed rulemaking. If no substantial changes are made other 
than those areas cited in this notice, EPA will publish a Final 
Rulemaking Notice on the revisions. The final rulemaking action by EPA 
will occur only after the SIP revision has been adopted by West 
Virginia and submitted formally to EPA for incorporation into the SIP.

IV. Proposed Action

    EPA is proposing to approve the revisions to West Virginia's 1-hour 
ozone maintenance plan for the Huntington-Ashland area submitted by the 
WVDEP on September 25, 2001.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely proposes to approve a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant. In reviewing SIP submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
    This rulemaking proposing approval of revisions to West Virginia's 
1-hour ozone maintenance plan for the Huntington-Ashland area does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 16, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 01-29471 Filed 11-26-01; 8:45 am]
BILLING CODE 6560-50-P