[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21947]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WV9-1-6583, WV9-2-6584; FRL-5057-1]
Approval and Promulgation of Air Quality Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; Redesignation
of the Charleston, WV Ozone Nonattainment Area to Attainment and
Approval of the Area's Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 13, 1992, the West Virginia Department of
Commerce, Labor and Environmental Resources; Division of Environmental
Protection; Office of Air Quality (WVOAQ) submitted a request to EPA to
redesignate the Charleston moderate ozone nonattainment area (Kanawha
and Putnam Counties) from nonattainment to attainment and also
submitted a maintenance plan for the Charleston area as a revision to
the West Virginia State Implementation Plan (SIP). On June 13, 1994,
EPA proposed approval of West Virginia's redesignation request and
maintenance plan. No adverse comments were received on the proposal.
EPA is approving West Virginia's request to redesignate the Charleston
moderate ozone nonattainment area from nonattainment to attainment and
is approving the maintenance plan submitted by WVOAQ as a revision to
the West Virginia SIP because relevant requirements set forth in the
Clean Air Act, as amended in 1990, have been met. This action is being
taken in accordance with the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule will become effective September 6,
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 and the West Virginia Department of Environmental Protection,
Office of Air Quality, 1558 Washington Street, East, Charleston, West
Virginia, 25311.
FOR FURTHER INFORMATION CONTACT: Michael Dubowe at (215) 597-1109, Todd
Ellsworth at (215) 597-2906.
SUPPLEMENTARY INFORMATION: On June 13, 1994 (59 FR 30326-30331), EPA
published a notice of proposed rulemaking (NPR) for the State of West
Virginia. The NPR proposed that the Charleston moderate ozone
nonattainment area be redesignated from nonattainment to attainment and
that the maintenance plan submitted by the WVOAQ as a revision to the
West Virginia SIP be approved contingent upon West Virginia's submittal
of a revision to its maintenance plan's provisions to clarify the
procedures for implementation of contingency measures. The formal
request for the redesignation of the Charleston moderate ozone
nonattainment area from nonattainment to attainment and the maintenance
plan SIP revision were submitted to EPA by the State of West Virginia
on November 13, 1992. Subsequent revisions to the State's maintenance
plan were submitted to EPA on February 28, 1994 and August 10, 1994.
Maintenance Plan
West Virginia's August 10, 1994 submittal revised the maintenance
plan to clarify the State's enforceable procedures for implementation
of contingency measures specified in the maintenance plan. The revision
requires that one or more of the ``contingency measures'' listed and
described in the maintenance plan shall be selected within three months
after verification of a violation of the ozone national ambient air
quality standard. The regulatory measures shall be adopted as emergency
rules and implemented within six months after adoption. In accordance
with West Virginia law, the provisions of these emergency regulations
are fully enforceable. The emergency rule(s), subsequently, will be
filed as legislative rule(s) for permanent authorization by the
legislature in accordance with West Virginia law.
EPA is approving the State of West Virginia's maintenance plan for
the Charleston area because EPA finds that West Virginia's submittal
meets the requirements of section 175A of the CAA.
Errors and Corrections
The NPR for the Charleston redesignation request and maintenance
plan SIP revision published in the Federal Register on June 13, 1994
(59 FR 30326-30331) contains several errors that are corrected as
follows:
Summary, 59 FR 30326. The third sentence of this section reads ``*
* * West Virginia submitted an update to its November 13, 1994
submittal.'' The date in this sentence should have read November 13,
1992.
Section I--Background, 59 FR 30326 and 30327. This section states
that West Virginia submitted a SIP projecting attainment by December
31, 1982 and failed to meet that deadline. This statement is incorrect,
invalidating the subsequent language referring to Charleston as a
nonattainment area for that period. On November 25, 1980, West Virginia
requested that the EPA approve a change in the Designation of Air
Quality Control Region (AQCR) IV from nonattainment of the ozone NAAQS
to attainment based on air quality data showing attainment for the
years 1978-1980. EPA approved this request in the November 9, 1981
Federal Register (46 FR 55261). The area remained in attainment of the
ozone NAAQS until 1988. As a result of 1988 calendar year ambient ozone
measurements, EPA notified West Virginia on November 8, 1989 that the
State's ozone SIP was inadequate to assure the attainment of the ozone
NAAQS in several counties including the Charleston (Kanawha/Putnam
County) area. Pursuant to the 1990 Clean Air Act amendments, this area
was officially designated as a moderate ozone nonattainment area on
January 6, 1991.
Section III. Review of West Virginia's Submittal, subsection 5.B.,
59 FR 30330. This section states that ``* * * emissions projections are
dependent upon the implementation of the federal reformulated gasoline
program.'' This statement is incorrect. West Virginia's maintenance
plan did not commit to the use of or rely on credits from the federal
reformulated gasoline program.
Other specific requirements of the Charleston ozone nonattainment
area redesignation request and associated maintenance plan and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. All of the public comments received on the NPR
were positive and in support of EPA's action to approve the
redesignation request and maintenance plan.
Final Action
EPA is approving West Virginia's request to redesignate the
Charleston moderate ozone nonattainment area from nonattainment to
attainment because the agency has determined that the provisions of
section 107(d)(3)(E) of the Act for redesignation of nonattainment
areas to attainment have been met. In addition, EPA is approving the
ozone maintenance plan for the Charleston area as a revision to the
West Virginia SIP because it meets the requirements of 175A.
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 3 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 the maintenance plan for the
Charleston area and to redesignate the Charleston ozone nonattainment
area to attainment, must be filed in the United States Court of Appeals
for the appropriate circuit by November 7, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: August 10, 1994.
W.T. Wisniewski,
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)(32) to read
as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(29) The ten year ozone maintenance plan including emission
projections and contingency measures for Charleston, West Virginia
(Kanawha and Putnam Counties), as revised and effective on August 10,
1994 and submitted by the West Virginia Division of Environmental
Protection; Office of Air Quality:
(i) Incorporation by reference.
(A) The ten year ozone maintenance plan including emission
projections and contingency measures for the Charleston, West Virginia
(Kanawha and Putnam Counties) revised and effective August 10, 1994.
PART 81--[AMENDED]
3. The authority citation for part 81 continues to read as follows:
Subpart C--Section 107 Attainment Status Designation
4. In Sec. 81.349 the ozone table is amended by revising the
entries for ``Kanawha County'' and Putnam County'' under Charleston
Area to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--Ozone
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Designation Classification
Designated area -----------------------------------------------------------------------------------
Date\1\ Type Date Type
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Charleston Area Kanawha October 6, 1994............ Unclassifiable/Attainment.. ........... ...........
County..
Putnam County............... October 6, 1994............ Unclassifiable/Attainment.. ........... ...........
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\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-21947 Filed 9-2-94; 8:45 am]
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