Federal Register / Vol. 59, No. 171 / ,Tuesday',, September, ,6,[FR Do(:. 94-21949 Filed 9-2-94:8:45 am]

BILUNG CODE M,SO-4SO...P

40 CFR Parts 52 and 8t

[wve..-1-6583, wv9-2•-6564; FRL-6057-1]

Approval and Promulgation of AirQuality ImplementaUon Plans;Designation ot Areas for Air QualityPlanning Purposes; Redesignation ofthe Chariest.on, WV OzoneNonattainment Area to Attainment andApproval of the Area's MaintenancePlan

AGENCY: Environmental ProtectionAgency [EPA).AcrioN: Final rule.

SUMMARY: On November 13, 1992. theWest Virginia Department of Commerce,Labor and Environmental Resources:Division of Environmental Protection:Office of Air Quality (WVOAQ}submitted a request to EPA toredesignate the Charleston moderateozone nonattainment area (Kanawhaand Putnam Counties} fromnonattainment to attainment and alsosubmitted a maintenance plan for theCharleston area as a revision to the WestVirginia State Implementation Plan{SIP). On June 13, 1994, EPA proposedapproval of West Virginia'sredesignation request and maintenanceplan. No adverse comments werereceived on the proposal. EPA isapproving West Virginia's request toredesignate the Charleston moderateozone nonattainment area fromnonattainment to attainment and isapproving the maintenance plansubmitted by WVOAQ as a revision tothe West Virginia SIP because relevantrequirements set forth in the Clean AirAct, as amended in 1990, have beenmet. This action is being taken inaccordance with the Clean Air Act(CAA}.EFFECTIVE DATE: This final rule willbecome effective September 6, 1994.ADDRESSES: Copies of the documentsrelevant to this action are available forpublic inspection during normalbusiness hours at the Air, Radiation,and Taxies Division, U.S.Environmental Protection Agency,Region III, 841 Chestnut Building,Philadelphia, Pennsylvania 19107 andthe West Virginia Department ofEnvironmental Protection, Office of AirQuality,. 1558 ¯Washington Street, East,Charleston, West Virginia, 25311.FOR FURTHER INFORMATION CONTACT:Michael Dubowe at (2151 597--1109,Todd Ellsworth at (215} 597-2906.

SUPPLEMENTARY INFORMATION: On June13. 1994 (59 FR 30326-30331}, EPApublished a notice of proposedrulemaking {NPR} for the State of WestVirginia. The NPR proposed that theCharleston moderate ozonenonattainment area be redesignatedfrom nonattainment to attainment andthat the maintenance plan submitted bythe WVOAQ as a revision to the WestVirginia SIP be approved contingentupon West Virginia's submittal of arevision to its maintenance plan'sprovisions to clarify the procedures forimplementation of contingencymeasures. The formal request for theredesignation of the Charlestonmoderate ozone nonattainment areafrom nonattainment to attainment andthe maintenance plan SIP revision weresubmitted to EPA by the State of WestVirginia on November 13, 1992.Subsequent revisions to the State'smaintenance plan were submitted toEPA on February 28, 1994 and August10, 1994.

Maintenance Plan

West Virginia's August I0, 1994submittal revised the maintenance planto clarify the State's enforceableprocedures for implementation ofcontingency measures specified in themaintenance plan. The revision requiresthat one or more of the "contingencymeasures" listed and described in themaintenance plan shall be selectedwithin three months a•er verification ofa violation of the ozone nationalambient air quality standard. Theregulatory measures shall be adopted asemergency rules and implementedwithin six months after adoption. Inaccordance with West Virginia law, theprovisions of these emergencyregulations are fully enforceable. Theemergency rule(s}, subsequently, will befiled as legislative rule{s) for permanentauthorization by the legislature inaccordance with West Virginia law.

EPA is approving the State of WestVirginia's maintenance plan for theCharlestoo area because EPA finds thatWest Virginia's submittal meets therequirements of section 175A of theCAA.

Errors and CorrectionsThe NPR for the Charleston

redesignation request and maintenanceplan SIP revision published in theFederal Register on June 13, 1994 {59FR 30326-30331} contains several errorsthat are corrected as follows:

Summery, 59 FR 30326. The thirdsentence of this section reads "'* * *

West Virginia submitted an update to itsNovember 13, 1994 submittal." The date

1994 / Rules and Regulations 45985II II I I

in this sentence should have readNovember 13, 1992,

Section l•Bockground, 59 FR 30326and 30327. This section states that WestVirginia submitted a SIP proiectingattainment by December 31. 1982 andfailed to meet that deadline. Thisstatement is incorrect, invalidating thesubsequent language referring toCharleston as a nonattainment area forthat period. On November 25, 1980,West Virginia requested that the EPAapprove a change in the Designation ofAir Quality Control Region (AQCR) IVfrom nonattainment of the ozoneNAAQS to attainment based on airquality data showing attainment for theyears 1978-1980. EPA approved thisrequest in the November 9. 1981Federal Register {46 FR 55281). Thearea remained in attainment of theozone NAAQS until 1968. As a result of1988 calendar year ambient ozonemeasurements, EPA notified WestVirginia on November 8, 1989 that theState's ozone SIP Was inadequate toassure the attainment of the ozoneNAAQS in several counties includingthe Charleston (Kanawha/PutnamCounty} area. Pursuant to the 1990Clean Air Act amendments, this areawas officially designated as a moderateozone nonattainment area on January 6,1991,

Section IlL Review Of West Virginia'sSubmittal, subsection 5.B,. 59 FR 30330.This section states that "* * *

emissions projections are dependentupon the implementation of the federalreformulated gasoline program." Thisstatement is incorrect. West Virginia'smaintenance plan did not commit to theuse of or rely on credits from the federalreformulated gasoline program.

Other specific requirements of theCharleston ozone nonattainment arearedesignation request and associatedmaintenance plan and the rationale forEPA's proposed action are explained inthe NPR and will not he restated here.All of the public comments received onthe NPR were positive and in support ofEPA's action to approve theredesignation request and maintenanceplan.

Final ActionEPA is approving West Virginia's

request to redesignate the Charlestonmoderate ozone nonattainment areafrom nonattainment to attainmentbecause the agency has determined thatthe provisions of section 107{d){3){E} ofthe Act for rodesignation ofnonattainment areas to attainment havebeen met. In addition, EPA is approvingthe ozone maintenance plan for theCharleston area as a revision to the West

45986 Feder• Register / Vol. 59, No. 171 / Tuesday, September 6, 1994 / Rules and Regulationsi _ i li i i i i

Virginia SIP because it meets therequirements of 175A.

Nothing in this action should beconstrued as permittin• or allowing orestablishing a precedent for any futurerequest for revision to any stateimplementation plan. Each request forrevision to the state implementationplan shall be considered separately inlight of specific technical, economic,and environmental factors and inrelation to relevant statutory andregulatory requirements.

This action has been classified as aTable 3 action for signature by theRegional Administxator under theprocedures published in the FederalResister on •arluary 19, 1989 (54 FR2214-2225), as revised by an October 4,1993 memorandum from Michael H.Shapiro, Acting Assistant Administratorfor Air and Radiation. The OMB hasexempted this regulatory action fromE.O. 12866 review.

Under section 307{b){1) of the CleanAir ACt, petitions for judicial review ofthis action, to approve the maintenanceplan for the Charleston area and toredesignate the Charleston ozonenonattainment area to attainment, mustbe filed in the United States Court ofAppeals for the appropriate circuit byNovember 7.1994. Filing a petition forreconsideration by the Administrator ofthis final rule does not affect the finalityof this rule for the purposes of judicial

review nor does it extend the timewithin which a petition for •udicialreview may be filed, and shall notpostpone the effectiveness of such roleor action. This action may not bechallenged later in proceedings toenforce its requirements. {See section307(b)(2}.}

List of Subjects40 CFR Part 52

Environmental protection, Airpollution control, Hydrocarbons,Incorporation by reference,Iotergovernmenta] relations. Ozone.

40 CFB Part 81

Air pollution control, National. parks,Wilderness areas.

Dated: August 10, 1994.

W.T. Wisniewski,ActJn8 Regional Administrator, Region IlL

Chapter I, title 40 of the Code ofFederal Regulations Ls amended asfollows:

PART 52--{AMENOEDl1. The authority citation for part 52

continues to read as follows:Authoriby: 42 U.S.C. 7401-7671q.

Subpart XX--West Virginia

2. Section 52,2520 is amended byadding paragraph (c}(32) to read asfollows:

§ 52.2520 Identification of plan.

{C} * * *

{29) The ten year ozone maintenanceplan including emission projections andcontingency measures for Charleston,West Virginia {Kanawha and Putnam

¯ Counties}. as revised and effective onAugust 10. 1994 and submitted by theWest Virginia Division ofEnvironmental Protection; Office of AirQuality:

[i) Incorporation by reference.[A) The ten year Ozone maintenance

plan including emission proiections andcontingency measures for theCharleston. West Virginia {Kanawha andPutnam Counties) revised and effectiveAugust 10, 1994.

PART el---[AMENDED]

3. The authority citation for part 81continues to read as follows:

Subpart C--Section 107 AttainmentStatus Oesignation

4. In § 81.349 the ozone table isemended by .revising the entries for"Kanawha County" and PutnamCounty" under Charleston Area to readas follows:

§81.349 West Vffglnla.

WEST VIRGINIA---OZONE

Designated areaOesignaSon CIs•ficatton

Date ' Type Date ¯ Type

Chadesto, Area Kanawha County..... October 6. 1994 ................................ Unclassifmble/Attainment .........................................................

Putnam County ................................... October 6. 1994 ............................... UncJa•f'•e/Attainment .........................................................

This date is November t5, 1990, unless otherwise noted.

[FR Doc. 94-21947 Filed 9-2-94; 8:45 am]BtLUNG COOE ealG-a0-P

40 CFR Part 272[FRL-.6059-1]

Hazardous Wastt ManagementProgram: Incorporation by Referenceof Approved State Hazardous WasteProgram for Minnesota

AGENCY: Environmental ProtectionAgency.ACTION: Immediate final rule.

SUGARY: Under the ResourceConservation and Recovery Act of 1976.

as amended {RCRA), the United StatesEnvironmental Protection Agency (EPA)may grant final authorization to Statesto operate their baT-m'doas wastemanagement programs in lieu of theFederal program. EPA uses part 272 oftitle 40 Code of Federal ReguLations (40CFR part 272} to provide notice of theauthorization status of State programs.and to incorporate by reference thoseprovisions of State statutes andregulations that EPA will enforce underRCRA section 3008. Thus, EPA intendsto codify the Minnesota authorized Stateprogram in 40 CFR pen 272. Thepurpose of this action is to incorporate

by reference EPA's approval of recentrevisions to Minnesota's program.DATES: This document will be effectiveNovember 7, 1994, unless EPApublishes a prior Federal Regi•er (FR)action withdrawing this immediate finalrule. All comments on this action mustbe received by the close of businessOctober 6. 1994. The incorporation byreference of certain Minnesota statutesand regulations was approved by theDirector of the Federal Register as ofNovember 7, 1994, in accordance with5 U.S.C. 552(a) and 1 CFR part 51.ADORE•.RE8: Written comments shouldbe sent to Mr. Gary Westefer. MinJaesotaRegulatory Specialist. Office of RCRA.