[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2096]


[[Page Unknown]]

[Federal Register: January 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[VA17-1-6126 and VA18-1-6127; FRL-4831-3]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia-Withdrawal of the Proposed Approval; Proposed 
Disapproval of the Request to Redesignate the Richmond Ozone 
Nonattainment Area to Attainment and the Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is withdrawing its proposed approval of the request to 
redesignate the Richmond ozone nonattainment area from moderate 
nonattainment to attainment and its proposed approval of the associated 
maintenance plan as a revision to the State Implementation Plan (SIP). 
Both proposed actions were published in the Federal Register on August 
17, 1993. EPA is now proposing to disapprove the request to redesignate 
the Richmond ozone nonattainment area from moderate nonattainment to 
attainment and proposing to disapprove the maintenance plan as a 
revision to the SIP. The intended effect of these actions is to 
withdraw the August 17, 1993 proposed approval of the request to 
redesignate Richmond and the proposed approval of the maintenance plan, 
and to propose to disapprove both the redesignation request and 
associated maintenance plan SIP revision. The redesignation request and 
maintenance plan SIP revision were submitted by the Virginia Department 
of Environmental Quality (VDEQ) on November 12, 1992. These actions are 
being taken in accordance with the provisions of section 110 of the 
Clean Air Act.
DATES: Comments must be received on or before March 2, 1994.

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; and Virginia 
Department of Environmental Quality, 629 East Main Street, Richmond, 
Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Cristina M. Schulingkamp, (215) 597-
0545.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 1992, the VDEQ submitted a request to EPA to 
redesignate the Richmond moderate ozone nonattainment area from 
nonattainment to attainment. On that date, the VDEQ also submitted a 
maintenance plan for the Richmond area as a revision to the Virginia 
SIP.
    According to section 107(d)(3)(E) of the Clean Air Act (CAA), 42 
U.S.C. 7407(d)(3)(E), five specific criteria must be met in order for 
EPA to redesignate an area from nonattainment to attainment:

    1. The Administrator determines that the area has attained the 
NAAQS;
    2. The Administrator has fully approved the applicable 
implementation plan for the area under section 110(k);
    3. The Administrator determines that the improvement in air quality 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    4. The Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A; and
    5. The State containing such area has met all requirements 
applicable to the area under section 110 and part D.
    The Richmond area appeared to have attained the ozone national 
ambient air quality standard (NAAQS), based on air quality data 
monitored from 1989 through 1991. The VDEQ's November 12, 1992 request 
for redesignation and its submittal of a maintenance plan SIP revision 
for the Richmond area were evaluated by EPA and determined to have 
satisfied the five criteria listed above. On August 17, 1993, EPA 
proposed approval of both the redesignation request and the maintenance 
plan (58 FR 43609). EPA's rationale for its proposed approval actions 
was provided in that notice of proposed rulemaking and will not be 
restated here. That notice did indicate, however, that EPA would not 
take final action until after the 1993 ozone season (April through 
October of each calendar year) to ensure that no violations of the 
applicable NAAQS occurred, as further justification for approving the 
redesignation request.

II. 1993 Violation of the NAAQS for Ozone in the Richmond Area

    After review of the 1993 ambient air quality data monitored during 
the 1993 ozone season, EPA has determined that the Charles City County 
monitor, located in the Richmond nonattainment area, registered a 
violation of the ozone NAAQS. The ambient data has been quality assured 
in accordance with established procedures for validating such 
monitoring data. The VDEQ does not contest that the NAAQS for ozone was 
violated in the Richmond area during the 1993 ozone season. Therefore, 
the Richmond area does not meet the statutory criteria for 
redesignation to attainment of the ozone NAAQS found in section 
107(d)(3)(E)(i) of the CAA.
    The maintenance plan SIP revision is not approvable because its 
demonstration is based on a level of ozone precursor emissions in the 
ambient air thought to represent an inventory of emissions that would 
provide for attainment and maintenance. That underlying basis of the 
maintenance plan's demonstration is no longer valid due to the 
violation of the NAAQS that occurred during the 1993 ozone season.

III. Public Comments Received on EPA's August 17, 1993 Proposal

    EPA received six comment letters on its August 17, 1993 proposal to 
approve Virginia's redesignation request and maintenance plan SIP 
revision. Only one letter of comment supported EPA's proposed actions. 
The remaining letters of comment all opposed EPA's proposed approval to 
redesignate the Richmond ozone nonattainment area and the maintenance 
plan SIP revision. In general, the comments expressed concerns that the 
Richmond area had violated the NAAQS and that the Commonwealth's 
request did not satisfy section 107(d)(3)(E)(i) of the CAA. As EPA is 
withdrawing its proposed approval of the redesignation request and 
maintenance plan, the majority of the public's concerns have been 
addressed.

Proposed Action

    EPA is withdrawing its August 17, 1993 proposed approval (FR 58 
43609) of the Commonwealth of Virginia's request to redesignate the 
Richmond ozone nonattainment area to attainment and its proposed 
approval of the associated maintenance plan SIP revision. For the 
reasons provided in this notice, EPA is proposing to disapprove the 
Commonwealth's November 12, 1992 redesignation request and maintenance 
plan SIP revision.
    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 
listed in the ADDRESSES section.
    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.
    EPA's proposed disapproval of the Commonwealth's request to 
redesignate under section 107(d)(3)(E) and the revision to include the 
maintenance plan in the SIP does not affect any existing requirements 
applicable to small entities nor does it impose any additional 
requirements beyond those required of a moderate ozone nonattainment 
area. The area retains its current designation status and will continue 
to be subject to the same statutory requirements. To the extent that 
the area must adopt regulations, based on its nonattainment status, EPA 
will review the effect of those actions on small entities at the time 
the Commonwealth submits those regulations. Therefore, the 
Administrator certifies that the disapproval of the redesignation 
request will not affect a substantial number of small entities.
    These actions withdrawing the proposed approval of the Commonwealth 
of Virginia's request to redesignate the Richmond ozone nonattainment 
area to attainment and the maintenance plan SIP revision and proposing 
to disapprove them have been classified as Table 2 actions for 
signature by the Regional Administrator under the procedures published 
in the Federal Register on January 19, 1989 (54 FR 2214-2225). On 
January 6, 1989, the Office of Management and Budget waived Table 2 and 
Table 3 SIP revisions from the requirements of section 3 of Executive 
Order 12291 for a period of two years. EPA has submitted a request for 
a permanent waiver for Table 2 and 3 SIP revisions. OMB has agreed to 
continue the waiver until such time as it rules on EPA's request. This 
request continues in effect under Executive Order 12866 which 
superseded Executive Order 12291 on September 30, 1993.

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

    Dated: January 14, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 94-2096 Filed 1-28-94; 8:45 am]
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