[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Rules and Regulations]
[Page 6160-6164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-11]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV063-6032a; FRL-7612-9]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; MOBILE6-Based Motor Vehicle Emission Budgets for
Greenbrier County and the Charleston, Huntington, and Parkersburg 1-
Hour Ozone Maintenance Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve State
Implementation Plan (SIP) revisions submitted by the State of West
Virginia. The revisions amend the 1-hour ozone maintenance plans for
Greenbrier County and the Charleston, Huntington and Parkersburg areas.
These revisions amend the maintenance plans' base year and 2005 highway
mobile volatile organic compound (VOC) and nitrogen oxide
(NOX) emission inventories and the 2005 motor vehicle
emissions budgets (MVEBs) to reflect the use of MOBILE6. These
revisions also reallocate a portion of each plans' safety margins which
results in an increase in the MVEBs. The revised plans continue to
demonstrate maintenance of the 1-hour national ambient air quality
standard (NAAQS) for ozone. EPA is approving these SIP revisions to the
West Virginia maintenance plans in accordance with the requirements of
the Clean Air Act.
DATES: This rule is effective on April 12, 2004, without further
notice, unless EPA receives adverse written comment by March 11, 2004.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Larry Budney, Energy, Radiation
and Indoor Environment Branch, Mailcode 3AP23, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Electronic comments should be sent either to
budney.larry@epa.gov or to http://www.regulations.gov, which is an
alternative method for submitting electronic comments to EPA. To submit
comments, please follow the detailed instructions described in Part III
of the Supplementary Information section. Copies of the documents
relevant to this action are available for public inspection during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; and the West Virginia Department of
Environmental Protection, Division of Air Quality, 7012 MacCorkle
Avenue, SE., Charleston, West Virginia 25304-2943.
FOR FURTHER INFORMATION CONTACT: Larry Budney, (215) 814-2184, or by e-
mail at budney.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 4, 1995 (60 FR 39911), September 6, 1994 (59 FR 45985),
December 21, 1994 (59 FR 65719) and September 6, 1994 (59 FR 45978),
respectively, EPA redesignated Greenbrier County and the Charleston,
Huntington and Parkersburg areas of West Virginia to attainment for the
1-hour ozone NAAQS. For each of those areas, the redesignations
included approvals of 1-hour ozone maintenance plans, which identify
on-road MVEBs for VOCs and NOX, which are ozone precursors.
The MVEBs contained in those maintenance plans were based upon MOBILE5,
which was the latest EPA on-road motor vehicle emission factor model
available at the time.
The MOBILE model is an EPA emission factor model for estimating
pollutant emissions from on-road motor vehicles. The MOBILE model
calculates emissions of VOCs and NOX from passenger cars,
motorcycles, buses, and light-duty and heavy-duty trucks. The model
accounts for the emission impacts of factors such as changes in vehicle
emission standards, changes in vehicle populations and activity, and
various local conditions such as temperature, humidity, fuel quality,
and air quality programs. The MOBILE model is used to calculate current
and future inventories of motor vehicle emissions at the national and
local level. These inventories are used to make decisions about air
pollution policies and programs at the local, State and national level.
MOBILE-based inventories are also used in demonstrating how the Clean
Air Act's (the Act's) requirements for SIPs and transportation
conformity are met.
The MOBILE model was first developed in 1978. It has been updated
several times to reflect changes in the vehicle fleet and fuels, to
incorporate EPA's growing understanding of vehicle emissions, and to
address new emission regulations and modeling needs. EPA released
MOBILE6, the latest version of
[[Page 6161]]
the MOBILE model, on January 29, 2002 (67 FR 4254). Although some minor
updates were made in 1996 with the release of MOBILE5b, MOBILE6 is the
first major revision to MOBILE since MOBILE5a was released in 1993.
Beginning in January of 2004, all conformity determinations for new
transportation improvement programs and long range transportation plans
will be required to use MOBILE6 to demonstrate conformity.
For the year 2005, the maintenance plans identified and established
MVEBs for VOC and NOX for each area, to which each
respective area's transportation improvement program and long range
transportation plan must conform. Conformity to MVEBs in a SIP means
that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the NAAQS.
II. Summary of West Virginia's SIP Revision and EPA's Review
A. MOBILE6-Based Highway Motor Vehicle Emission Inventories
On October 15, 2003, the State of West Virginia submitted to EPA a
formal revision to its State Implementation Plan (SIP). The SIP
revision contains recalculations of the MVEBs to reflect the use of the
MOBILE6 emission factor model for Greenbrier County and the Charleston,
Huntington and Parkersburg maintenance areas. The revisions also
reallocate a portion of the differences (safety margins) between the
total base year and total projected 2005 emissions for each area which
produces an increase in the MVEBs. The base year is 1990 for the
Charleston and Parkersburg areas, and 1993 for Greenbrier County and
the Huntington area. By increasing the MVEBs, the West Virginia
Department of Environmental Protection (WVDEP) is ensuring that
conformity can be demonstrated in each area. The October 15, 2003
submittal, while increasing the MVEBs still ensures maintenance of the
NAAQS for ozone in each area.
Tables 1-4 and the discussion that follows describe how the new
MOBILE6-based MVEBs were determined for each maintenance area.
Table 1.--Greenbrier County Reallocation of Emissions and Determination of MOBILE6-Based MVEBs
[Tons/day]
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Emissions prior to reallocation Safety margin 2005 emissions
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Allocated safety
1993 base year 2005 projection margin 2005 MVEB
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Highway MOBILE6 Emissions:
VOC............................. 4.22 1.96 1.50 3.46
NOX............................. 5.07 3.80 1.05 4.85
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1993 base year 2005 projection base minus 2005 2005 total
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Total (Point, Area and Mobile)
Emissions:
VOC............................. 8.59 6.92 1.67 8.42
NOX............................. 6.67 5.50 1.17 6.56
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Table 2.--Charleston Area Reallocation of Emissions and Determination of MOBILE6-Based MVEBs
[Tons/day]
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Emissions prior to reallocation Safety margin 2005 emissions
---------------------------------------------------------------------------
Allocated safety
1990 base year 2005 projection margin 2005 MVEB
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Highway MOBILE6 Emissions:
VOC............................. 38.2 14.4 30.1 44.5
NOX............................. 35.8 24.5 29.6 54.1
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1990 base year 2005 projection Base minus 2005 2005 total
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Total (Point, Area and Mobile)
Emissions:
VOC............................. 114.8 81.3 33.5 111.4
NOX............................. 441.9 409.0 32.9 438.6
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Table 3.--Huntington Area Reallocation of Emissions and Determination of MOBILE6-Based MVEBs
[Tons/day]
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Emissions prior to reallocation Safety margin 2005 emissions
---------------------------------------------------------------------------
Allocated safety
1993 base year 2005 projection margin 2005 MVEB
----------------------------------------------------------------------------------------------------------------
Highway MOBILE6 Emissions:
VOC............................. 13.0 6.5 6.9 13.4
NOX............................. 13.0 10.2 3.7 13.9
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1993 base year 2005 projection Base minus 2005 2005 total
-------------------------------------
Total (Point, Area and Mobile)
Emissions:
VOC............................. 42.5 34.9 7.6 41.8
[[Page 6162]]
NOX............................. 42.2 38.1 4.1 41.8
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Table 4.--Parkersburg Area Reallocation of Emissions and Determination of MOBILE6-Based MVEBs
[Tons/day]
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Emissions prior to reallocation Safety margin 2005 emissions
---------------------------------------------------------------------------
Allocated safety
1990 base year 2005 projection margin 2005 MVEB
----------------------------------------------------------------------------------------------------------------
Highway MOBILE6 Emissions:
VOC............................. 10.0 4.0 9.5 13.4
NOX............................. 8.7 6.3 3.6 9.9
-------------------------------------
1990 base year 2005 projection Base minus 2005 2005 total
-------------------------------------
Total (Point, Area and Mobile)
Emissions:
VOC............................. 55.1 44.6 10.5 54.1
NOX............................. 28.6 24.6 4.1 28.2
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All emissions presented in the tables are recalculated based upon
MOBILE6. The 2005 MVEB VOC AND NOX emissions (upper portion
of last column) serve as the new MVEBs for transportation conformity
planning.
As indicated in Tables 1-4 (see explanation that follows), ninety
percent of the difference between the total base year emissions and the
total projected 2005 emissions has been allocated to the respective on-
road MVEBs. The remaining ten percent has been reserved as residual
safety margins in the total maintenance budgets to ensure continued
maintenance of the 1-hour ozone NAAQS.
To explain how the safety margins are determined and allocated, the
VOC emissions for the Parkersburg area (in Table 4) may be used as an
example. The total 1990 base year VOC emissions are 55.1 tons/day
(tpd), which is the maximum amount of VOC emissions consistent with
maintenance of the 1-hour ozone NAAQS. Since the total projected 2005
emissions are 44.6 tpd, there is a 10.5 tpd VOC safety margin (i.e.,
the ozone NAAQS would continue to be maintained if total VOC emissions
increased as much as 10.5 tpd above the projected 2005 emissions of
44.6 tpd.) Ninety percent of the 10.5 tpd safety margin (i.e., 9.5 tpd)
has been allocated to the 2005 projected highway VOC emissions (4.0
tpd) yielding a MVEB of 13.4 tpd of VOC for year 2005. (Note regarding
the 13.4 number: 13.4, as opposed to 13.5, results from mathematical
rounding of the VOC and safety margin numbers).
In the same Parkersburg example (again refer to Table 4), the
remaining 1.0 tpd of the VOC safety margin has been reserved as a
residual safety margin in the total (point, area and mobile source)
maintenance VOC budget. The 1.0 tpd residual VOC safety margin is
subtracted from the 1990 total allowable base year emissions (55.1 tpd)
to yield 54.1 as the new total VOC maintenance budget for the
Parkersburg area.
For all of the West Virginia 1-hour ozone maintenance areas
addressed herein, the WVDEP recalculated the 2005 MVEBs using the
latest available planning assumption data. However, the most up-to-date
West Virginia vehicle registration data do not differentiate between
passenger cars and light duty trucks, rendering those data inadequate
for use in estimating emissions. Therefore, the WVDEP used the latest
available West Virginia Highway Performance Monitoring System (HPMS)
data on vehicle miles traveled (VMT) by vehicle type and roadway class
obtained from the West Virginia Department of Transportation. The WVDEP
used the HPMS data to adjust the national MOBILE6 default VMT data to
generate a more accurate VMT mix by vehicle type and roadway class.
That adjusted VMT mix was used in conjunction with MOBILE6 in
calculating the base year and projected 2005 VOC and NOX
emissions.
III. Final Action
EPA is approving West Virginia's October 15, 2003 SIP revision
submittal which amends the 1-hour ozone maintenance plans for the
Greenbrier County and the Charleston, Huntington and Parkersburg areas.
These revisions amend the maintenance plans' base year and 2005 highway
mobile VOC and NOX emission inventories and the 2005 MVEBs
to reflect the use of MOBILE6. These revisions also reallocate a
portion of each plans' safety margins which results in an increase in
the MVEBs. EPA is approving these SIP revisions to the maintenance
plans for Greenbrier County and the Charleston, Huntington and
Parkersburg areas because the October 15, 2003 submittal continues to
demonstrate maintenance of the 1-hour ozone NAAQS. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment, since no
significant adverse comments were received on the SIP revision at the
State level. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on April 12, 2004 without further
notice unless EPA receives adverse comment by March 11, 2004.
If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the
[[Page 6163]]
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number WV063-6032 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
budney.larry@epa.gov attention WV063-6032. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document. For
public commenters, it is important to note that EPA's policy is that
public comments, whether submitted electronically or on paper, will be
made available for public viewing at the EPA Regional Office, as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.
Submittal of CBI Comments--Do not submit information that you
consider to be CBI electronically to EPA. You may claim information
that you submit to EPA as CBI by marking any part or all of that
information as CBI (if you submit CBI on disk or CD ROM, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is CBI).
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small
[[Page 6164]]
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely approves a state rule implementing a Federal standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant. In reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act. In this context, in the absence
of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2004. 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 approving West Virginia's revisions to the
base-year and 2005 MVEBs of its 1-hour ozone maintenance plans for the
Greenbrier County and the Charleston, Huntington and Parkersburg areas
to reflect the use of MOBILE6 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Incorporation by reference, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: January 14, 2004.
James W. Newsom,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. Section 52.2520 is amended by adding paragraph (c)(57) to read as
follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(57) Revisions to the West Virginia 1-hour ozone maintenance plans
for Greenbrier County and the Charleston, Huntington and Parkersburg
areas to amend the base year and 2005 mobile emissions inventories and
the 2005 motor vehicle emission budgets to reflect the use of MOBILE6,
and to reallocate a portion of projected MOBILE6-based emission safety
margins to those 2005 motor vehicle emission budgets. These revisions
were submitted by the State of West Virginia Department of
Environmental Protection to EPA on October 15, 2003.
(i) Incorporation by reference.
(A) Letter of October 15, 2003 from the Secretary of the West
Virginia Department of Environmental Protection transmitting revisions
to West Virginia's ozone maintenance plans for the Greenbrier County
and the Charleston, Huntington and Parkersburg areas.
(B) Document entitled ``Final Revisions to the 1-Hour Ozone
Maintenance Plans for the Charleston, WV (Kanawha and Putnam Counties);
Huntingdon, WV (Cabell & Wayne Counties); Parkersburg, WV (Wood
County); and Greenbrier County WV Maintenance Areas.'' This document
establishes revised motor vehicle emissions budgets for the following
1-hour ozone maintenance plans, effective September 26, 2003:
(1) Revisions to the Charleston, West Virginia (Kanawha and Putnam
Counties) ozone maintenance plan, establishing revised motor vehicle
emissions budgets of 44.5 tons/day of VOC and 54.1 tons/day of
NOX.
(2) Revisions to the Huntington, West Virginia (Cabell and Wayne
Counties) ozone maintenance plan, establishing revised motor vehicle
emissions budgets of 13.4 tons/day of VOC and 13.9 tons/day of
NOX.
(3) Revisions to the Parkersburg, West Virginia (Wood County) ozone
maintenance plan, establishing revised motor vehicle emissions budgets
of 13.4 tons/day of VOC and 9.9 tons/day of NOX.
(4) Revisions to the Greenbrier County, West Virginia ozone
maintenance plan, establishing revised motor vehicle emissions budgets
of 3.46 tons/day of VOC and 4.85 tons/day of NOX.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(57)(i) of this
section.
[FR Doc. 04-2707 Filed 2-9-04; 8:45 am]
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