Jump to main content.


FEDERAL REGISTER
VOL. 59, No. 112
Proposed Rules

ENVIRONMENTAL PROTECTION AGENCY (EPA)

40 CFR Parts 52 and 81
[WV9-1-6419, WV9-2-6425 FRL-4997-8]

Approval and Promulgation of Air Quality Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Charleston West Virginia Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan

59 FR 30326

DATE: Monday, June 13, 1994
ACTION: Proposed rule.

SUMMARY: On November 13, 1992, the West Virginia Department of Commerce, Labor & Environmental Resources; Division of Environmental Protection; Office of Air Quality (WVOAQ) submitted a request to EPA to redesignate the Charleston moderate ozone nonattainment area (Kanawha and Putnam Counties) from nonattainment to attainment. On November 13, 1992, the WVOAQ also submitted a maintenance plan for the Charleston area as a revision to the West Virginia State Implementation Plan (SIP). On February 28, 1994, West Virginia submitted an update to its November 13, 1994 submittal. The EPA is proposing to redesignate the Charleston ozone nonattainment area from nonattainment to attainment and proposing to approve the maintenance plan submitted by the WVOAQ as a revision to the West Virginia SIP because the relevant requirements set forth in the Clean Air Act, as amended in 1990, have been met. This proposal to approve the redesignation is contingent upon West Virginia's submittal of a revision to its maintenance plan's provisions for implementation of contingency measures. These actions are being taken in accordance with the Act. The approved maintenance plan will become a federally enforceable part of the SIP for the Charleston area.

DATES: Comments must be received on July 13, 1994.

ADDRESSES: Written comments should be sent to Thomas J. Maslany, Director, Air, Radiation, and Toxics Division, U.S. Environmental Protection Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. The state submittal and EPA's Technical Support Document (TSD) prepared on these proposed actions is available for public review at the above address and at the West Virginia Division of Environmental Protection, Office of Air Quality 1558 Washington Street, East Charleston, West Virginia, 25311-2599.

FOR FURTHER INFORMATION CONTACT: Michael Dubowe at (215) 597-1109 or Todd Ellsworth at (215) 597-2906.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act, as amended in 1977 (1977 Act), required areas that were designated nonattainment based on a failure to meet the ozone national ambient air quality standard (NAAQS) to develop SIPs with sufficient control measures to expeditiously attain and maintain the standard. (1977 Act, sections 110(a)(1) and 172.) The Charleston, West Virginia nonattainment area was designated under section 107 of the 1977 Act as nonattainment with respect to the ozone NAAQS on September 12, 1978. (40 CFR 81.347) In accordance with section 110 of the 1977 Act, West Virginia submitted a part D ozone SIP on November 15, 1979 which EPA approved as meeting the requirements of section 110 and part D of the 1977 Act. In its SIP, the State of West Virginia projected that the Charleston, West Virginia nonattainment area would attain the ozone standard by December 31, 1982. The area failed to attain the standard.

On November 15, 1990, the Clean Air Act Amendments of 1990 (hereafter the Act) were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. The nonattainment designation of the Charleston, West Virginia area continued by operation of law according to section 107(d)(1)(C)(i) of the Act, furthermore, it was classified by operation of law as moderate for ozone pursuant to section 181(a)(1) of the Act. See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR 81.347.

The Charleston, West Virginia ozone nonattainment area more recently has attained the ozone NAAQS, based on air quality data from 1989 through 1991. In an effort to comply with the Act and to ensure continued attainment of the NAAQS, on November 13, 1992 the WVOAQ submitted an ozone maintenance plan for the Charleston, West Virginia area as a revision to the West Virginia SIP.

On November 13, 1992, the State of West Virginia also requested that EPA redesignate the Charleston, West Virginia area to attainment with respect to the ozone NAAQS. In addition, on February 28, 1994, West Virginia submitted an update to its November 13, 1992 submittal, collectively referred to hereafter as the "State of West Virginia's redesignation request."

II. Evaluation Criteria

According to section 107(d)(3)(E) of the Act, five specific requirements must be met in order for EPA to redesignate an area from nonattainment to attainment:

1. The area must have attained the applicable NAAQS;

2. The area has met all relevant requirements under section 110 and part D of the Act;

3. The area has a fully approved SIP under section 110(k) of the Act;

4. The air quality improvement must be permanent and enforceable; and

5. The area must have a fully approved maintenance plan pursuant to section 175A of the Act.

III. Review of West Virginia's Submittal

The State of West Virginia's redesignation request for the Charleston, West Virginia area included information and documentation sufficient for EPA to determine that the five requirements of section 107, noted above have been met. Following is a brief description of how each of these requirements has been fulfilled. 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. That 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. Ambient ozone monitoring data for 1989 through 1991 show attainment of the ozone NAAQS in the Charleston, West Virginia area. See 40 CFR | 50.9 and appendix H. The State of West Virginia's request for redesignation included documentation that the Charleston, West Virginia ozone nonattainment area has complete, quality-assured data showing attainment of the standard over the most recent consecutive three calendar year period. Therefore, the Charleston, West Virginia area has met the first statutory criterion for redesignation to attainment of the ozone NAAQS found at section 107(d)(3)(E)(i) of the Act. It is important to note that EPA has also reviewed the ozone data monitored during the 1992 and 1993 ozone seasons in the Charleston area and determined that no violations of the standard were monitored during those years. Therefore, there have been no violations of the ozone standard monitored in the Charleston area since the 1988 ozone season.

2. Meeting Applicable Requirements of Section 110 and Part D

As previously stated, EPA fully approved the State of West Virginia SIP for the Charleston, West Virginia area as meeting the requirements of section 110(a)(2) and part D of the 1977 Act. The amended Act, 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 to ensure that it contains all measures that were due under the Act as of November 13, 1992, the date the State of West Virginia submitted its redesignation request.

2.A. Section 110 Requirements

Although section 110 of the 1977 Act was amended in 1990, the Charleston, 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 section 110(a)(2) of the Act. It contains enforceable emission limitations, it requires monitoring, compiling, and analyzing ambient air quality data, it requires preconstruction review of new major stationary sources and major modifications to existing ones, it provides for adequate funding, staff, and associated resources necessary to implement its requirements, and requires stationary source emissions monitoring and reporting.

2.B. Part D Requirements

Before the Charleston, West Virginia ozone nonattainment area may be redesignated to attainment, it also must have fulfilled applicable requirements of part D due as of the date of the State's redesignation request. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1 of part D sets forth the basic nonattainment requirements applicable to all nonattainment areas, classified as well as nonclassifiable. Subpart 2 of part D establishes additional requirements for nonattainment areas classified under table 1 of section 181(a). The Charleston, West Virginia ozone nonattainment area was classified as moderate. (See 56 FR 56694, codified at 40 CFR 81.347). Therefore, in order to be redesignated to attainment, West Virginia must meet the applicable requirements of subpart 1 of part D-specifically sections 172(c) and 176-as well as the applicable requirements of subpart 2 of part D-due as of the date of the State's November 13, 1992 request for redesignation. EPA interprets section 107(d)(3)(E)(v) to mean that for a redesignation request to be approved, the State has met all requirements that applied to the subject area prior to or at the time of the submission of a complete redesignation request. Requirements of the Act that come due subsequently continue to be applicable to the area at those later dates (see section 175A(c)) and, if the redesignation of the area is disapproved, the State remains obligated to fulfill those requirements.

2.B.1. Subpart 1 of Part D-Section 172(c) Provisions

Under section 172(b), the section 172(c) requirements are applicable no later than 3 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 13, 1992-the date the State of West Virginia submitted a complete redesignation request and maintenance plan for Charleston. Therefore, the State of West Virginia is not required to meet these requirements for purposes of redesignation. West Virginia has, however, completed and submitted a 1990 base year emissions inventory for its ozone nonattainment areas (including the Charleston area) in accordance with EPA's guidance. It is also important to note that upon redesignation to attainment, the preconstruction new source review requirements for prevention of significant deterioration (PSD) would apply in the Charleston area. EPA approved West Virginia's PSD SIP program on April 11, 1986 (51 FR 12517).

2.B.2. Subpart 1 of Part D-Section 176 Conformity 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, USEPA's General Preamble for the Implementation of Title I informed States 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 by 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 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 Charleston, West Virginia nonattainment area is classified as moderate and is subject to the requirements of section 182(b) of the Act. As of November 13, 1992, the date West Virginia submitted a complete redesignation request for the Charleston, West Virginia nonattainment area, the Charleston, West Virginia area was required to meet the provisions of section 182(a)(2)(A) to correct its Reasonably Available Control Technology (RACT) requirements in effect prior to enactment of the 1990 amendments to the Act. The State of West Virginia submitted those RACT corrections as SIP revisions to EPA on June 4, 1991. A final rule approving these RACT corrections was published on September 17, 1992 (57 FR 42895).

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 its ozone nonattainment areas. On January 18, 1994, EPA notified the Governor of West Virginia that it had made a finding that West Virginia had failed to submit a 15% rate of progress plan SIP revision for its ozone nonattainment areas. Upon the effective date of a final approval by EPA of West Virginia's redesignation request, these findings will be automatically rescinded in the Charleston nonattainment area.

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 Charleston, West Virginia nonattainment area. EPA determined that the rules and the emission reductions achieved as a result of those rules were enforceable. Since enactment of the 1990 amendments, the State of West Virginia submitted corrections to its RACT regulations as identified above. EPA finds that these additional measures contribute to the permanence and enforceability of reductions in ambient ozone levels in the Charleston, West Virginia area.

Between 1988 and 1990, because of permanent and enforceable state and federal provisions, emissions of volatile organic compounds (VOCs) were reduced by 8.14 tons/day and emissions of nitrogen oxides (NOx) were reduced by 3.1 tons/day in Charleston. Most of the reductions came from mobile sources and gasoline marketing-related activities. The Reid Vapor Pressure (RVP), of gasoline marketed for use in the Charleston, West Virginia area decreased from 10.5 RVP to 9.5 RVP in 1990 and was reduced to 9.0 in 1992. In addition, due to automobile fleet turnover, there was an increase in the percent of automobiles operated in the Charleston area meeting more stringent emission standards as required by the Federal Motor Vehicle Control Program (FMVCP). It must be noted here that since 1992 the federal RVP requirement of 9.0 has been the applicable standard in the Charleston, West Virginia area.

The State of West Virginia maintenance plan requires the continuation of the federal RVP program. These reductions due to lower RVP and more stringent tailpipe standards resulting from the FMVCP were determined using the mobile emission inventory model MOBILE 5.0a and the relevant vehicle miles traveled data.

Permanent and enforceable decreases in VOCs at stationary sources contributed a small amount to the total VOC reduction in the Charleston, West Virginia area. In association with its emission inventory, the State of West Virginia demonstrated that point source VOC emissions were not artificially low due to local economic downturn during the period in which the Charleston, West Virginia area's ambient 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 Charleston West Virginia 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 proposing approval of the State of West Virginia maintenance plan for the Charleston, West Virginia area because EPA finds that West Virginia's submittal meets the requirements of section 175A of the Act. If EPA determines after notice and comment that it should give final approval to the maintenance plan, the Charleston, West Virginia nonattainment 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 13, 1992, the State of West Virginia submitted comprehensive inventories of VOC and NOx emissions from area, stationary, and mobile using 1990 as the base year for calculations to demonstrate maintenance. The 1990 VOC inventory is considered most representative of attainment conditions because no violations occurred in 1990 and it reflects the typical inventory for the three-year period demonstrating attainment of the standard.

The State of West Virginia submittal contains detailed inventory data and summaries by source categories. The State of West Virginia 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 Vehicle Miles Travelled (VMT) data was generated, what RVP was considered in the base year, and other technical information verifying the validity of the Charleston West Virginia emission inventory.

The State of West Virginia's submittal contains the detailed inventory data and summaries by source category. This inventory was prepared in accordance with EPA guidances. A summary of the base year and projected maintenance year inventories are shown in the following six tables. The TSD which has been prepared for this action contains more in-depth details regarding the base year for the Charleston area.

Summary of Emissions From the Charleston Nonattainment Area for 1990 

Source category     VOC (tpd)     CO (tpd)        NOx (tpd) 

Area                27.5           83.9            16.9 
Point               49.0           27.9           389.2 
Highway Mobile      28.5          222.2            27.9 

Total Emissions    105.0          334.1           434.0 


Summary of Emissions From the Charleston Nonattainment Area for 1993 

Source Category     VOC (tpd)     CO (tpd)      NOx (tpd) 

Area                28.4           84.7          17.0 
Point               42.3           27.4         392.7 
Highway Mobile      23.8          191.7          27.2 

Total Emissions     94.5          303.8         437.0 

All Emissions in Tons Per Day (tpd). 

Summary of Emissions From the Charleston Nonattainment Area for 1996 

Source category     VOC (tpd)     CO (tpd)      NOx (tpd) 

Area                26.8           85.5          17.1 
Point               41.0           27.0         356.0 
Highway mobile      23.0          179.9          26.7 

Total emissions     90.7          292.5         399.8 


Summary of Emissions From the Charleston Nonattainment Area for 1999 

Source Category     VOC (tpd)     CO (tpd)      NOx (tpd) 

Area                27.5           87.0          17.3 
Point               39.7           26.8         362.0 
Highway mobile      22.6          171.8          26.3 

Total emissions     89.8          285.6         405.6 

All Emissions in Tons Per Day (tpd). 

Summary of Emissions From the Charleston Nonattainment Area for 2002 

Source category     VOC (tpd)     CO (tpd)      NOx (tpd) 

Area                28.2           87.8          17.5 
Point               39.0           26.6         364.2 
Highway Mobile      22.4          172.0          26.1 

Total emissions     89.6          286.4         407.7 


Summary of Emissions From the Charleston Nonattainment Area for 2005 

Source category     VOC (tpd)     CO (tpd)      NOx (tpd) 

Area                29.0           89.3          17.6 
Point               37.9           26.2         366.9 
Highway Mobile      23.0          179.5          27.0 

Total emissions     89.9          295.0         411.5 

All Emissions in Tons Per Day (tpd).

5.B. Demonstration of Maintenance-Projected Inventories

In addition to the continued use of lower RVP gasoline (9.0) and fleet turnover to automobiles meeting more stringent emission standards, mobile source emission projections are dependent upon the implementation of the federal reformulated gasoline program. Total VOC and NOx emissions were projected from the 1990 base year out to 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 are not expected to exceed the level of the base year 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.

5C. Verification of Continued Attainment

Continued attainment of the ozone NAAQS in the Charleston, West Virginia area depends, in part, on the State of West Virginia 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. The WVOAQ 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.

5D. Contingency Plan

The level of VOC and NOx emissions in the Charleston area will largely determine its ability to stay in compliance with the ozone NAAQS in the future. Despite the State of West Virginia's best efforts to demonstrate continued compliance with the NAAQS, the Charleston 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 in any of the areas 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, the West Virginia will accordingly select and adopt measures including the following to assure continued attainment:

1. Extend the applicability of 45CSR21 (VOC/RACT rule) to include source categories previously excluded.

2. Revised new source permitting requirements requiring more stringent emissions control technology and/or emissions offsets.

3. NOx RACT requirements.

4. Stage II Vapor Recovery Regulations.

5. Regulations to establish plant-wide emission caps (potentially with emissions trading provisions).

6. Implementation of basic (or enhanced) programs for motor vehicle inspection and maintenance.

One or more of these regulatory revisions would be selected within three (3) months after verification of a monitored ozone standard violation and a draft rule submitted to the WVOAQ. Quality assurance procedures must confirm the monitored violation within 45 days of occurrence. The WVOAQ will be requested to adopt the control measure(s) as emergency rule(s) which will be implemented within six (6) months after adoption. EPA's approval of West Virginia's redesignation request is contingent upon West Virginia promulgating a revision to its contingency plan that includes a schedule for the mandatory implementation of the selected contingency measures.

5E. Subsequent Maintenance Plan Revision

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 13, 1992, meets the requirements of section 175A of the CAA. Therefore, EPA is proposing to approve the maintenance plan submittal. In addition EPA has determined that upon final approval of the maintenance plan the provisions of section 107(d)(3)(E)(iv) for redesignation will have been met.

Proposed Action

EPA proposes to approve the ozone maintenance plan for the Charleston, West Virginia area submitted by the State of West Virginia on November 13, 1992 as a revision to the West Virginia SIP because it meets the requirements of section 175A. In addition, EPA is proposing to redesignate the Charleston, West Virginia nonattainment area to attainment, subject to final approval of the maintenance plan, because the Agency has determined that the provisions of section 107(d)(3)(E) of the Act for redesignation of nonattainment areas to attainment have been met.

EPA is soliciting public comments on this notice and on issues relevant to EPA's proposed action. Comments will be considered before taking final action. Interested parties may participate in the federal rulemaking procedure by submitting written comments to the person and address listed in the ADDRESSES section at the beginning of this document.

Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. Ozone State Implementation Plans (SIPs) are designed to satisfy the requirements of part D of the Clean Air Act and to provide for attainment and maintenance of the ozone NAAQS. Today's proposed redesignation action should not be interpreted as authorizing the State of West Virginia to delete, alter, or rescind any of the VOC emission limitations and restrictions contained in the currently approved ozone SIP. Changes to the ozone SIP's regulations rendering them less stringent than those contained in the EPA approved plan cannot be made unless a revised plan for attainment and maintenance is submitted to and approved by EPA. Unauthorized relaxations, deletions, and changes could result in both a finding of nonimplementation under section 173(b) of the Act and in a SIP deficiency call made pursuant to section 110(k)(5).

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. SIP approvals under section 110 and subchapter I, part D of the CAA 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, it does not have any economic impact on any small entities. Redesignation of an area to attainment under section 107(d)(3)(E) of the Act 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. Accordingly, I certify that EPA's approval of West Virginia's request to redesignate the Charleston ozone nonattainment area to attainment and the associated maintenance plan will not have an impact on any small entities.

The Office of Management and Budget has exempted this rule from the requirements of section 6 of Executive Order 12866.

List of Subjects

40 CFR Part 52

Air pollution control, Hydrocarbons, Intergovernmental relations, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Authority: 42 U.S.C. 7401-7671q.

Dated: April 28, 1994.

Stanley L. Laskowski, Acting Regional Administrator, Region III.

[FR Doc. 94-14286 Filed 6-10-94; 8:45 am]

BILLING CODE 6560-50-P


Local Navigation


Jump to main content.