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Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Greenbrier County WV Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and Emissions Inventory
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 4, 1995 (Volume 60, Number 150)]
[Rules and Regulations]
[Page 39857-39862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[WV27-1-7013a, WV27-2-7014a; FRL-5265-9]
Approval and Promulgation of Air Quality Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; Redesignation
of the Greenbrier County WV Ozone Nonattainment Area to Attainment and
Approval of the Area's Maintenance Plan and Emissions Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a redesignation request and two State
Implementation Plan (SIP) revisions submitted by the State of West
Virginia. The first SIP revision is the 1990 base year ozone inventory
for Greenbrier County. The second SIP revision establishes and requires
a maintenance plan for the Greenbrier County 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 the 1990 base year ozone inventory, a
redesignation request and the maintenance plan for Greenbrier County.
On December 22, 1992 the West Virginia Department of Commerce, Labor &
Environmental Resources submitted an ozone inventory for 1990. On
September 9, 1994, the West Virginia Division of Environmental
Protection (WVDEP) submitted a request to redesignate Greenbrier County
from nonattainment to attainment. On September 9, 1994, the WVDEP also
submitted a maintenance plan for Greenbrier County as a revision to the
West Virginia State Implementation Plan. This action is being taken
under sections 107 and 110 of the Clean Air Act (the Act).
DATES: This action will become effective September 18, 1995 unless
notice is received on or before September 5, 1995 that adverse or
critical comments will be submitted. If the effective date is delayed,
timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, 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, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; and the West
Virginia Division of Environmental Protection, Office of Air Quality,
1558 Washington Street, East, Charleston, West Virginia, 25311.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 597-0545.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1990 the Clean Air Act Amendments of 1990 were
enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
7671q.
[[Page 39858]]
Under section 107(d)(1) of the Act, in conjunction with the Governor of
West Virginia, EPA was required to designate Greenbrier County as
nonattainment because the area violated the ozone standard in 1987-
1989.
Air quality data, recorded in the Greenbrier County area, met the
ozone NAAQS from 1989-1991 and has subsequently continued to indicate
attainment and maintenance through 1994. West Virginia submitted a
ozone maintenance SIP and redesignation request on September 9, 1994.
II. Review of West Virginia's Submittal
Following is a brief description of how the State of West
Virginia's September 9, 1994 submittal fulfills 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. Because the base year emissions inventory is an
integral element of the maintenance plan, EPA will discuss its
evaluation under its analysis of the maintenance plan. 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 notice.
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 Greenbrier County ozone nonattainment area. Ambient ozone
monitoring data for 1989 through 1994 show attainment of the ozone
NAAQS in Greenbrier County, West Virginia. 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 air quality in this 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 Greenbrier County, West Virginia 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 September 9, 1994, 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
Greenbrier County, 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 preamendment
SIP met these requirements. As to those requirements that were amended
many duplicate other requirements of the Act (see 57 FR 27936 and
23939, June 23, 1992). 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.
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. For Greenbrier County which was first
designated nonattainment on January 6, 1993, these section 172(c)
requirements would have become due January 6, 1995. Therefore, these
section 172(c) requirements were not applicable to ozone nonattainment
areas on or before September 9, 1994--the date the State of West
Virginia submitted a complete redesignation request and maintenance
plan for Greenbrier County. The Greenbrier County area currently has a
fully approved New Source Review (NSR) program. Upon redesignation of
this area to attainment, the prevention of significant deterioration
provisions (PSD) contained in part C of title I of the Act are
applicable. 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.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 states that the conformity
regulations would establish submittal dates (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 section 175A of the Act. 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 had not yet come due
before September 9, 1994, they are not applicable requirements under
section 107(d)(3)(E)(v) and, thus, do not affect approval of this
redesignation request. West Virginia has adopted transportation and
general conformity regulations and submitted these
[[Page 39859]]
complete regulations as revisions to the West Virginia SIP on November
13, 1994. The West Virginia conformity SIP revisions are the subject of
separate rulemaking actions.
2.B.3. Subpart 2 of Part D--Section 182 Provisions for Ozone
Nonattainment Areas
The Greenbrier County nonattainment area is classified as marginal
and is subject to the requirements of section 182(a) of the Act. As of
September 9, 1994, the State was required to meet the emission
inventory requirement of section 182(a)(1) and the emissions statement
program requirement of section 182(a)(3)(b).
Section 182(a)(1) required an emissions inventory as specified by
section 172(c)(3) of actual emissions of carbon monoxide (CO), volatile
organic compounds (VOC) and nitrogen oxides (NOX) from all sources
by November 15, 1992. On December 22, 1992, West Virginia submitted an
emissions inventory for 1990 (the ``base year inventory'') which EPA
determined to be complete on April 16, 1993. Section 182(a)(3)(B)
required a SIP revision by November 15, 1992 to require stationary
sources of VOC and NOXemissions to report the actual emissions of
these pollutants annually. On November 12, 1992, West Virginia
submitted 45CSR29 ``Rule Requiring the Submission of Emission
Statements for Volatile Organic Compound Emissions And Oxides of
Nitrogen Emissions''. EPA is approving the base year inventory as part
of this rulemaking action. EPA is approving West Virginia Regulation
Title 45, Series 29, ``Rule Requiring the Submission of Emission
Statements for Volatile Organic Compound Emissions and Oxides of
Nitrogen Emissions'' in a separate rulemaking action also being
published in today's Federal Register.
3. Fully Approved SIP Under Section 110(k) of the Act
EPA has determined that 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 Greenbrier County, West Virginia area. EPA
determined that the rules and the emission reductions achieved as a
result of those rules are enforceable.
Several other enforceable control measures have come into place
since the Greenbrier County, 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 1990 to 1992 from 9.5
pounds per square inch (psi) to 9.0 psi. 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, VOC emissions decreased
by 0.24 tons/day (1988-1990) and by 0.48 tons/day (1988-1993) in
Greenbrier County. Emissions of NOXwere reduced by 0.10 tons/day
and 0.19 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 Greenbrier County 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 Greenbrier County 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
Greenbrier County, 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 tenyear
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 December 22, 1992, the State of West Virginia submitted
comprehensive inventories of VOC, CO and NOXemissions from area,
stationary, and mobile sources for 1990. This inventory was used as the
basis for calculations to demonstrate maintenance. West Virginia
projected their 1990 inventory to 1993 in order to have a base year
inventory corresponding to 1993 which was selected as the attainment
base year. The 1993 VOC, NO<INF>X, and CO inventory is considered
representative of attainment conditions because no violations occurred
in 1993, and it reflects the typical inventory for the most recent, as
of September 1994, three-year period demonstrating attainment of the
ozone NAAQS standard in Greenbrier County.
West Virginia's submittal contains the detailed inventory data and
summaries by 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 Greenbrier
County West Virginia emission inventory. A summary of the base year and
projected maintenance year inventories are shown in the following
tables in section 5.B.
5.B. Demonstration of Maintenance-Projected Inventories
Below, totals for VOC and NOXemissions were projected from
the 1990 base year out to 2005. These projected inventories were
prepared in accordance with EPA guidance. Refer to EPA's TSD for more
in-depth details regarding the projected inventory for the
nonattainment areas.
Greenbrier County--VOC Projection Inventory Summary (Tons per day)
1990 base 1993 attain
year base 1996 proj. 1999 proj. 2002 proj. 2005
Greenbrier County--NOXProjection Inventory Summary (Tons per day)
1990 base 1993 attain
year base 1996 proj. 1999 proj. 2002 proj. 2005 proj.
West Virginia.--Ozone
Designation Classification
Date <SUP>1 Type Date Type
* * * * * *
Greenbrier Area:
* * * * * *
\1\ This date is November 15, 1990, unless otherwise noted.