Federal Register / Vol. 59, No. 171
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Federal Register / 59, No. 171 / September, 1994 / Rules and Regulations 45985 ,Tuesday',, II I Vol. ,6, II I [FR Do(:. 94-21949 Filed 9-2-94:8:45 am] SUPPLEMENTARY INFORMATION: On June in this sentence should have read 30326-30331}, EPA 13, 1992, BILUNG CODE M,SO-4SO...P 13. 1994 (59 FR November published a notice of proposed Section l•Bockground, 59 FR 30326 rulemaking {NPR} for the State of West and 30327. This section states that West 40 CFR Parts 52 and 8t Virginia. The NPR proposed that the Virginia submitted a SIP proiecting Charleston moderate ozone attainment by December 31. 1982 and [wve..-1-6583, wv9-2•-6564; FRL-6057-1] nonattainment area be redesignated failed to meet that deadline. This from nonattainment to attainment and statement is incorrect, invalidating the Approval and Promulgation of Air that the maintenance plan submitted by subsequent language referring to Quality ImplementaUon Plans; the WVOAQ as a revision to the West Charleston as a nonattainment area for Designation ot Areas for Air Quality Virginia SIP be approved contingent that period. On November 25, 1980, Planning Purposes; Redesignation of upon West Virginia's submittal of a West Virginia requested that the EPA the Chariest.on, WV Ozone revision to its maintenance plan's approve a change in the Designation of Nonattainment Area to Attainment and provisions to clarify the procedures for Air Quality Control Region (AQCR) IV Approval of the Area's Maintenance implementation of contingency from nonattainment of the ozone Plan measures. The formal request for the NAAQS to attainment based on air redesignation of the Charleston Protection quality data showing attainment for the AGENCY: Environmental moderate ozone nonattainment area years 1978-1980. EPA approved Agency [EPA). this from nonattainment to attainment and request in the November 9. 1981 AcrioN: Final rule. the maintenance plan SIP revision were Federal Register {46 FR 55281). The submitted to EPA by the State of West area remained in attainment of the SUMMARY: On November 13, 1992. the 13, 1992. Commerce, Virginia on November ozone NAAQS until 1968. As a result of West Virginia Department of Subsequent revisions to the State's Labor and Environmental Resources: 1988 calendar year ambient ozone maintenance plan were submitted to measurements, Division of Environmental Protection: EPA notified West (WVOAQ} EPA on February 28, 1994 and August Virginia on November 8, 1989 that the Office of Air Quality 10, 1994. submitted a request to EPA to State's ozone SIP Was inadequate to redesignate the Charleston moderate Maintenance Plan assure the attainment of the ozone ozone nonattainment area (Kanawha NAAQS in several counties including and Putnam Counties} from West Virginia's August I0, 1994 the Charleston (Kanawha/Putnam submittal revised the plan nonattainment to attainment and also maintenance County} area. Pursuant to the 1990 submitted a maintenance plan for the to clarify the State's enforceable Clean Air Act amendments, this area Charleston area as a revision to the West procedures for implementation of was officially designated as a moderate Virginia State Implementation Plan contingency measures specified in the ozone nonattainment area on January 6, plan. {SIP). On June 13, 1994, EPA proposed maintenance The revision requires 1991, approval of West Virginia's that one or more of the "contingency Section IlL Review Of West Virginia's measures" listed and redesignation request and maintenance described in the Submittal, subsection 5.B,. 59 FR 30330. plan. No adverse comments were maintenance plan shall be selected This section states that "* * * received on the proposal. EPA is within three months a•er verification of emissions projections are dependent approving West Virginia's request to a violation of the ozone national upon the implementation of the federal redesignate the Charleston moderate ambient air quality standard. The reformulated gasoline program." This regulatory measures shall be adopted as statement is incorrect. West Virginia's ozone nonattainment area from emergency rules and nonattainment to attainment and is implemented maintenance plan did not commit to the approving the plan within six months after adoption. In use of or rely on credits from the maintenance accordance with West Virginia law, the federal submitted by WVOAQ as a revision to reformulated gasoline program. provisions of these emergency Other specific requirements the West Virginia SIP because relevant regulations are fully enforceable. The of the requirements set forth in the Clean Air rule(s}, Charleston ozone nonattainment area Act, as 1990, emergency subsequently, will be redesignation request amended in have been filed as legislative rule{s) and associated met. This action is taken in for permanent maintenance plan and the rationale being authorization by the legislature in for accordance with the Clean Air Act EPA's proposed action are explained in (CAA}. accordance with West Virginia law. the NPR and will not he restated here. EPA is approving the State of West All of the public comments received on EFFECTIVE DATE: This final rule will Virginia's maintenance plan for the become effective September 6, 1994. the NPR were positive and in support of Charlestoo area because EPA finds that EPA's action to approve the ADDRESSES: Copies of the documents West Virginia's submittal meets the redesignation request and maintenance relevant to this action are available for requirements of section 175A of the plan. public inspection during normal CAA. business hours at the Air, Radiation, Final Action Errors and Corrections and Taxies Division, U.S. EPA is approving West Virginia's Environmental Protection Agency, The NPR for the Charleston request to redesignate the Charleston Region III, 841 Chestnut Building, redesignation request and maintenance moderate ozone nonattainment area Philadelphia, Pennsylvania 19107 and plan SIP revision published in the from nonattainment to attainment the West Virginia Department of Federal Register on June 13, 1994 {59 because the agency has determined that Environmental Protection, Office of Air FR 30326-30331} contains several errors the provisions of section 107{d){3){E} of Quality,. 1558 ¯Washington Street, East, that are corrected as follows: the Act for rodesignation of Charleston, West Virginia, 25311. Summery, 59 FR 30326. The third nonattainment areas to attainment have FOR FURTHER INFORMATION CONTACT: sentence of this section reads "'* * * been met. In addition, EPA is approving Michael Dubowe at (2151 597--1109, West Virginia submitted an update to its the ozone maintenance plan for the Todd Ellsworth at (215} 597-2906. November 13, 1994 submittal." The date Charleston area as a revision to the West 45986 Feder• Register / Vol. 59, No. 171 / Tuesday, September 6, 1994 / Rules and Regulations i _ i li i i i i Virginia SIP because it meets the review nor does it extend the time § 52.2520 Identification of plan. requirements of 175A. within which a petition for •udicial may filed, not * Nothing in this action should be review be and shall {C} * * construed as permittin• or allowing or postpone the effectiveness of such role establishing a precedent for any future or action. This action may not be {29) The ten year ozone maintenance request for revision to any state challenged later in proceedings to plan including emission projections and implementation plan. Each request for enforce its requirements. {See section contingency measures for Charleston, revision to the state implementation 307(b)(2}.} West Virginia {Kanawha and Putnam ¯ Counties}. as revised and effective on plan shall be considered separately in List ofSubjects light of specific technical, economic, August 10. 1994 and submitted by the and environmental factors and in 40 CFR Part 52 West Virginia Division of relation to relevant statutory and Environmental protection, Air Environmental Protection; Office of Air regulatory requirements. pollution control, Hydrocarbons, Quality: This action has been classified as a Incorporation by reference, [i) Incorporation by reference. 3 signature by the Iotergovernmenta] Ozone. Table action for relations. [A) The ten year Ozone maintenance Regional Administxator under the 40 CFB Part 81 including proiections procedures published in the Federal plan emission and 19, (54 FR Air pollution control, National. parks, contingency measures for the Resister on •arluary 1989 {Kanawha 2214-2225), as revised by an October 4, Wilderness areas. Charleston. West Virginia and Counties) 1993 memorandum from Michael H. Dated: August 10, 1994. Putnam revised and effective Shapiro, Acting Assistant Administrator W.T. Wisniewski, August 10, 1994. for Air and Radiation. The has OMB ActJn8 Regional Administrator, Region IlL PART el---[AMENDED] exempted this regulatory action from Chapter I, title 40 of the Code of E.O. 12866 review. Federal Regulations Ls amended as 3. The authority citation part Under section 307{b){1) of the Clean for 81 follows: continues to read Air ACt, petitions for judicial review of as follows: PART 52--{AMENOED this action, to approve the maintenance l Subpart C--Section 107 Attainment plan for the Charleston area and to 1. The authority citation for part 52 Status Oesignation redesignate the Charleston ozone continues to read as follows: nonattainment area to attainment, must Authoriby: 42 U.S.C. 7401-7671q. 4. In § 81.349 the ozone table is be filed in the United States Court of emended by .revising the entries for Appeals for the appropriate circuit