VOL. 59, No. 171
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
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
59 FR 45980
DATE: Tuesday, September 06, 1994
ACTION: Final rule.
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.
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 @ 51.396 of the transportation conformity rule and @ 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 base Attain 1996 proj 1999 proj 2002 proj 2005 proj base 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 base attain 1996 proj 1999 proj 2002 proj 2005 proj base 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.
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:
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:
@ 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:
Subpart B-Designation of Air Quality Control Regions
1. In @ 81.349, the ozone table is amended by revising the entries for "Cabell County" and "Wayne County" to read as follows:
@ 81.349 -- West Virginia.
* * * * *
West Virginia-Ozone Designated area Designation Classification Date fn 1 Type Date Type Huntington-Ashland Area: Cabell County October 21, 1994 Unclassifiable/Attainment Wayne County October 21, 1994 Unclassifiable/Attainment fn 1 This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-21949 Filed 9-2-94; 8:45 am]
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