[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: 94-21949]
[[Page Unknown]]
[Federal Register: September 6, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WV23-1-6421a, WV23-2-6422a; FRL-5060-4]
Approval and Promulgation of Air Quality Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; Redesignation
of the Huntington, 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: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. This SIP revision approves a maintenance plan for the
Huntington area including contingency measures which provide for
continued attainment of the ozone National Ambient Air Quality Standard
(NAAQS). The intended effect of this action is to approve a
redesignation request and maintenance plan for the Huntington area.
This action will also remove any sanctions imposed on the Huntington
area under section 179 of the Clean Air Act, as amended in 1990 (the
Act). On November 12, 1992, the West Virginia Department of Commerce,
Labor and Environmental Resources; Division of Environmental Protection
(WVDEP) submitted a request to redesignate the Huntington portion
(Cabell and Wayne counties) of the multi-state Huntington-Ashland
moderate ozone nonattainment area from nonattainment to attainment. On
November 12, 1992, the WVDEP also submitted a maintenance plan for the
Huntington area as a revision to the West Virginia State Implementation
Plan. On February 22, 1994, and August 10, 1994 WVDEP provided
clarifying revisions to its maintenance plan. The Kentucky portion of
the Huntington-Ashland nonattainment area includes Boyd County and a
portion of Greenup County. Kentucky's request for redesignation and the
maintenance plan for the Ashland, Kentucky portion of the nonattainment
area has been submitted to EPA and is the subject of a separate
rulemaking document. This action is being taken under sections 107 and
110 of the Act. In this action, EPA is redesignating the Huntington
moderate ozone nonattainment area to attainment and is approving the
maintenance plan submitted by the WVDEP as a SIP revision to the West
Virginia SIP.
DATES: This final rule will become effective October 21, 1994 unless
before October 6, 1994 adverse comments are submitted. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, 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 (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460, and West Virginia Department of Environmental Protection, Office
of Air Quality, 1558 Washington Street, East Charleston, West Virginia,
25311-2599.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp at (215) 597-8375 or Todd
Ellsworth at (215) 597-2906.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990 the Clean Air Act Amendments of 1990 (the Act)
were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. Under section 107(d)(1) of the Act, in conjunction with the
Governor of West Virginia, EPA was required to designate the Huntington
area as nonattainment because the area violated the ozone standard in
1987-1989. Under section 107(d)(1)(C), EPA designated Boyd County of
Kentucky as nonattainment by operation of law with respect to ozone
because the area was designated nonattainment before the date of
enactment of the 1990 amendments to the Act. The nonattainment area was
expanded to include portions of Greenup County of Kentucky per section
107(d)(1)(A)(i) (See 56 FR 56694 (November 6, 1991) and 57 FR 56762
(November 30, 1992), codified at 40 CFR 81.318.) Furthermore, the
Huntington-Ashland area was classified as a multi-state moderate ozone
nonattainment under section 181(a)(1) of the Act. See 56 FR 56694
(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40
CFR 81.349.
Air quality monitored data recorded in the West Virginia portion of
the area met the ozone NAAQS from 1989-1991 and has subsequently
continued to indicate attainment and maintenance through 1993. West
Virginia submitted an ozone maintenance SIP and redesignation request
on November 12, 1992. The Kentucky portion attained the ozone NAAQS,
based on air quality data from 1991 through 1993. West Virginia
submitted a revision to its maintenance plan on February 22, 1994. This
revision was done to include ambient monitoring data from 1991-1993
indicating attainment throughout the entire nonattainment area
including Kentucky's portion. A second revision to the maintenance plan
was provided on August 10, 1994 which clarified the procedures for
implementation of the contingency measures of West Virginia's
maintenance plan.
II. Review of West Virginia's Submittal
Following is a brief description of how the State of West
Virginia's November 12, 1992 submittal along with the additional
revisions to the maintenance plan of February 22, 1994 and August 10,
1994 fulfill 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. 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 document.
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 entire Huntington-Ashland nonattainment area. Ambient ozone
monitoring data for 1989 through 1991 show attainment of the ozone
NAAQS in the Huntington, West Virginia area. Ambient ozone monitoring
data for 1991 through 1993 show attainment of the ozone NAAQS for the
entire Huntington-Ashland area. 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 moderate nonattainment 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 the Huntington, West Virginia area 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 November 12, 1992, 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
Huntington, 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 pre-amendment
SIP met these requirements. As to those requirements that were amended,
See 57 FR 27936 and 23939 (June 23, 1993), many are duplicative of
other requirements of the Act. 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. Once the redesignation to attainment is approved, the Act
requires that provisions for the prevention of significant
deterioration (PSD) apply for the preconstruction review of new major
stationary sources and major modifications to existing ones. 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. 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. EPA has determined that these
requirements were not applicable to ozone nonattainment areas on or
before November 12, 1992--the date the State of West Virginia submitted
a complete redesignation request and maintenance plan for Huntington.
West Virginia has, however, completed and submitted a 1993 base year
emissions inventory for the Huntington ozone nonattainment area in
accordance with EPA's guidance. The year 1993 was chosen as the base
year to correspond with the base year being used by Kentucky for the
Ashland portion of the area. The year 1993 is the base year from which
emissions have been projected through the year 2005 in the maintenance
plan.
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 State that its conformity
regulations would establish a submittal date (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 CAA section 175A. 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 have not yet come due,
they are not yet applicable requirements under section 107(d)(3)(E)(v)
and, thus, do not affect approval of this redesignation request.
2.B.3. Subpart 2 of part D--Section 182 Provisions for Ozone
Nonattainment Areas
The Huntington-Ashland nonattainment area is classified as moderate
and is subject to the requirements of section 182(b) of the Act. As of
November 12, 1992, the State was required to meet the provisions of
section 182(a)(2)(A) to correct its Reasonably Available Control
Technology (RACT) requirements to control volatile organic compounds
(VOCs) in effect prior to enactment of the 1990 amendments. The State
of West Virginia submitted those RACT corrections as SIP revisions to
EPA on June 4, 1991. A notice of final rulemaking approving these RACT
corrections was published on September 17, 1992 (57 FR 42895).
3. Fully Approved SIP Under Section 110(k) of the Act
As stated previously, EPA has approved the RACT corrections noted
above. Therefore, 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 Huntington, West Virginia nonattainment area.
EPA determined that the rules and the emission reductions achieved as a
result of those rules are enforceable. As stated above, since enactment
of the 1990 amendments the State of West Virginia submitted revisions
to its RACT regulations--Title 45 Legislative Rules, Series 21,
Regulation to Prevent and Control Air Pollution from Emission of
Volatile Organic Compounds (``Series 21''). EPA finds that these
additional measures contribute to the permanence and enforceability of
reductions in ambient ozone levels in the Huntington, West Virginia
area.
Several other enforceable control measures have come into place
since the Huntington, 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 1988 to 1990 from 10.5 pounds per
square inch (psi) to 9.5 psi and continued to decrease from 9.5 psi in
1990 to 9.0 psi in 1992. 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, emissions of VOCs decreased by
1.1 tons/day (1988-1990) and by 2.2 tons/day (1990-1992) in the
Huntington area. Emissions of nitrogen oxides (NOX) were reduced
by 0.3 tons/day and 0.4 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 Huntington area 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 the Huntington-Ashland area 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
Huntington, 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 November 12, 1992, the state of West Virginia submitted
comprehensive inventories of VOC and NOX emissions from area,
stationary, and mobile sources using 1990 as the base year for
calculations to demonstrate maintenance. Since this area is part of a
multi-state area, West Virginia projected their 1990 inventory to 1993
in order to have a corresponding attainment base year with Kentucky.
The 1993 VOC, NOX, and CO inventory is considered most
representative of attainment conditions because no violations occurred
in 1993, and it reflects the typical inventory for the three-year
period demonstrating attainment of the standard for the entire
Huntington-Ashland area.
West Virginia's submittal contains the detailed inventory data and
summaries by county and 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
Huntington, West Virginia emission inventory.
A summary of the base year and projected maintenance year
inventories are shown in the following two tables in section 5.B. The
TSD which has been prepared for this action contains a more in-depth
description of the base year inventory for the Huntington area.
5.B. Demonstration of Maintenance--Projected Inventories
As summarized in the following tables, totals for VOC and NOX
emissions were projected from the 1990 and 1993 base years out to the
year 2005. These projected inventories were prepared in accordance with
EPA guidance. The projections demonstrate that the ozone standard will
be maintained. i.e., emissions within the Huntington area are not
expected to exceed the level of the base year attainment inventory
during this time period. EPA believes that the emissions projections
demonstrate that the area will continue to maintain the ozone NAAQS
because this area achieved attainment through VOC controls and
reductions. Finally, EPA's TSD contains more in-depth details regarding
the projected emission inventories for the Huntington area.
Huntington VOC Projection Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1993
1990 Attain 1996 1999 2002 2005
base base proj proj proj proj
------------------------------------------------------------------------
Point........................ 13.3 12.6 11.8 11.6 11.5 11.4
Area......................... 16.7 17.0 15.9 16.2 16.5 16.9
Mobile....................... 12.2 10.1 9.6 9.2 9.0 9.0
------------------------------------------
Total...................... 42.3 39.6 37.2 37.0 37.0 37.2
------------------------------------------------------------------------
Huntington NOX Projection Inventory Summary
[Tons per day]
------------------------------------------------------------------------
1993
1990 attain 1996 1999 2002 2005
base base proj proj proj proj
------------------------------------------------------------------------
Point........................ 15.9 15.9 13.9 14.1 14.2 14.3
Area......................... 13.3 13.4 13.4 13.5 13.5 13.6
Mobile....................... 10.7 10.3 10.0 9.7 9.5 9.7
------------------------------------------
Total...................... 39.9 39.5 37.3 37.3 37.2 37.6
------------------------------------------------------------------------
As indicated in the previous tables, projections indicate that
there was an emissions decrease in VOCs and NOX in the
nonattainment area. EPA believes that these emissions projections
demonstrate that the nonattainment area will continue to maintain the
ozone NAAQS.
5.C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in the Huntington area
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 an annual 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 annual 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 the Huntington area 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, the Huntington area 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 any of the
three monitors in the Huntington-Ashland area, 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. An extension of the applicability of 45CSR21 (VOC/RACT rule) to
include source categories previously excluded
2. A revision to new source permitting requirements requiring more
stringent emissions control technology and/or emission offsets
3. NOX RACT requirements if such requirements are not already
applicable
4. Regulations to establish plant-wide emission caps (potentially
with emissions trading provisions)
5. Stage II Vapor Recovery regulations
6. Highway Motor Vehicle Inspection and Maintenance Program
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 on November 12, 1992 along with additional information
submitted on February 22, 1994 and August 10, 1994 meets the
requirements of section 175A of the CAA. 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 October 21, 1994 unless by October 6,
1994, adverse comments are received. If EPA receives such comments,
this action will be withdrawn before the effective date by publishing a
subsequent document 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 October 21, 1994.
Final Action
EPA is approving the ozone maintenance plan for the Huntington
(Cabell and Wayne counties) area of West Virginia submitted on November
12, 1992, as revised on February 22, 1994 and August 10, 1994 because
it meets the requirements of Section 175A. In addition, the Agency is
redesignating the Huntington area to ozone attainment because the
Agency has determined that the provisions of Section 107(d)(3)(E) of
the Act for redesignation have been met.
The Huntington portion of the Huntington-Ashland nonattainment area
is subject to the Act's requirements for nonattainment areas until and
unless it is redesignated to attainment. Because it is a nonattainment
area, on January 15, 1993 EPA notified the Governor of West Virginia
that it had made a finding that West Virginia had failed to submit
either a full or committal SIP revision for a basic inspection and
maintenance (I/M) program for the Huntington portion of the ozone
nonattainment area. Similarly on January 18, 1994, EPA notified the
Governor that West Virginia had failed to submit a 15% plan for the
area. These findings commenced the sanctions process outlined by
section 179 of the Act. The 2:1 offset sanction will be in effect in
the Huntington area as of September 6, 1994 as a result of the January
15, 1993 finding. Upon the effective date of this final approval by EPA
of West Virginia's redesignation request and maintenance plan, the
requirement for West Virginia to submit a basic I/M program and 15%
plan for this area will be lifted. Upon that same effective date, both
findings will be automatically rescinded in the Huntington area and any
sanctions imposed as of that date will be lifted.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
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 CAA 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).
This action has been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The OMB has exempted this
regulatory action from 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 and maintenance plan for the Huntington portion of the
Huntington-Ashland ozone nonattainment area must be filed in the United
States Court of Appeals for the appropriate circuit by 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, Nitrogen
dioxide, Ozone.
40 CFR Part 81
Air pollution control, National Parks, Wilderness Areas.
Dated: August 19, 1994.
John R. Pomponio,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart XX--West Virginia
2. Section 52.2520 is amended by adding paragraph (c)(30) to read
as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(30) The ten year ozone maintenance plan including emission
projections and contingency measures for Huntington, West Virginia
(Cabell and Wayne counties) as revised and effective on August 10, 1994
and submitted by the West Virginia Division of Environmental
Protection:
(i) Incorporation by reference.
(A) The ten year ozone maintenance plan including emission
projections and contingency measures for Huntington, West Virginia
(Cabell and Wayne counties) revised and effective on August 10, 1994.
40 CFR part 81, subpart B of Chapter I, Title 40 is amended as
follows:
PART 81--[AMENDED]
Subpart B--Designation of Air Quality Control Regions
1. In Sec. 81.349, the ozone table is amended by revising the
entries for ``Cabell County'' and ``Wayne County'' to read as follows:
Sec. 81.349 West Virginia.
* * * * *
West Virginia--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------
Date\1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
Huntington-Ashland Area:
Cabell County........... October 21, 1994........... Unclassifiable/Attainment.. ........... ...........
Wayne County............ October 21, 1994........... Unclassifiable/Attainment.. ........... ...........
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-21949 Filed 9-2-94; 8:45 am]
BILLING CODE 6560-50-P
