[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10522]


[[Page Unknown]]

[Federal Register: May 3, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA17-1-6339 and VA18-1-6340; FRL-4879-4]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is disapproving the request to redesignate the Richmond 
ozone nonattainment area from moderate nonattainment to attainment and 
is also disapproving the associated maintenance plan as a State 
Implementation Plan (SIP) revision. The intended effect of this action 
is to retain the current designation for ozone nonattainment in the 
Richmond area. This action is being taken under sections 107 and 110 of 
the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule will become effective on June 2, 1994.

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

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford at (215) 597-1325.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 1992, the Commonwealth of Virginia's Department of 
Environmental Quality (VDEQ) submitted a request to EPA to redesignate 
the Richmond moderate ozone nonattainment area from nonattainment to 
attainment, and to approve a maintenance plan for the Richmond area as 
a State Implementation Plan (SIP) revision.
    On August 17, 1993, (59 FR 43609), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of the Commonwealth's 
request to redesignate the Richmond moderate ozone nonattainment area 
to attainment and its associated maintenance plan SIP revision. EPA's 
rationale for its proposed approval was stated in that NPR and will not 
be restated here. However, on January 31, 1994, (59 FR 4263) EPA 
published a NPR withdrawing its August 17, 1993 proposed approval and 
proposing to disapprove the request to redesignate the Richmond ozone 
nonattainment area from moderate nonattainment to attainment and 
proposed to disapprove the maintenance plan as a SIP revision. EPA 
converted its proposed approval action to a proposed disapproval 
because review of the 1993 ambient air quality data monitored during 
the 1993 ozone season indicated that the Charles City County monitor, 
located in the Richmond nonattainment area, had registered a violation 
of the ozone national ambient air quality standards (NAAQS). The 
ambient data was quality assured in accordance with established 
procedures for validating such monitoring data. The VDEQ did not 
contest the registered data. Therefore, the Richmond area does not meet 
the statutory criteria for redesignation to attainment found in section 
107(d)(3)(E) of the CAA. The maintenance plan SIP revision is not 
approvable because its demonstration of attainment and maintenance of 
the ozone NAAQS is based on a level of ambient ozone precursor 
emissions which was thought to represent an inventory of emissions that 
would provide for attainment and maintenance of the NAAQS, but which 
does not as evidenced by the ozone violations recorded during the 1993 
ozone season.

II. Comments Received on EPA's January 31, 1994 Proposal

    Letters of Public Comment: EPA received four comment letters 
concerning the January 31, 1994 action 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. One comment letter supported 
EPA's proposal to disapprove both the request to redesignate the 
Richmond ozone nonattainment area and to disapprove the maintenance 
plan SIP revision. Three comment letters opposed EPA's proposed 
disapproval of the request to redesignate the Richmond area. The 
commenters opposing EPA's proposed disapproval stated that that even 
though exceedances of the ozone standard had been registered at the 
Charles City County monitor, the monitor is located in a rural location 
downwind of a more populated urban area. The commenters stated that, 
based on meteorological data, the recorded violations were caused by a 
small portion of the urban portion of the Richmond nonattainment area 
and are localized. The commenters stated that the rest of the Richmond 
ozone nonattainment area should not be economically penalized by the 
disapproval of the Richmond redesignation request.
    EPA's Response: EPA's response to the latter comments is that EPA 
has determined that ozone is a regional pollutant driven by several 
factors including, but not restricted to, weather and climate changes 
and ozone precursors so that the effect of ozone emissions are not 
localized. In light of this, and the lack of evidence that the 
violations in the Richmond area are due only to localized emissions, 
EPA does not believe that it would be appropriate to redesignate as 
attainment portions of the Richmond ozone nonattainment area. Such an 
action would not be appropriate unless it were firmly established that, 
contrary to the bases underlying the establishment of the boundaries of 
the Richmond ozone nonattainment area following the 1990 Clean Air Act 
Amendments, certain portions of the Richmond ozone nonattainment area 
do not contribute to nonattainment of other portions of the Richmond 
ozone nonattainment area.

Final Action

    EPA is disapproving both the request to redesignate the Richmond 
ozone nonattainment area to attainment and the associated maintenance 
SIP revision, both submitted on November 12, 1992 by VDEQ. This 
disapproval will have the effect of retaining the designations of 
Virginia for ozone found in 40 CFR part 81 (56 FR 56843) dated November 
6, 1991.
    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.
    This action disapproving the request for redesignation of the 
Richmond moderate ozone nonattainment area and the associated 
maintenance plan SIP revision has been classified as a Table 2 action 
for signature by the Acting Regional Administrator under the procedures 
published in the Federal Register on January 19, 1989 (54 FR 2214-
2225), as revised by an October 4, 1993 memorandum from Michael H. 
Shapiro, Acting Assistant Administrator for Air and Radiation. A future 
document will inform the general public of these tables. On January 6, 
1989, the Office of Management and Budget (OMB) waived Table 2 and 
Table 3 SIP revisions (54 FR 2222) from the requirements of section 3 
of Executive Order 12291 for a period of two years. The EPA has 
submitted a request for a permanent waiver for Table 2 and 3 SIP 
revisions. The OMB has agreed to continue the waiver until such time as 
it rules on U.S. EPA's request. This request continues in effect under 
Executive Order 12866, which superseded Executive Order 12291 on 
September 30, 1993.
    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 July 5, 1994. 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 disapproving the request to redesignate the 
Richmond moderate ozone nonattainment area to attainment and the 
associated maintenance plan SIP revision 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, Intergovernmental 
cooperation, Ozone.

    Dated: March 30, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

    2. Section 52.2423 is amended by adding paragraph (k) to read as 
follows:


Sec. 52.2423  Approval status.

* * * * *
    (k) The maintenance plan SIP revision, and request to redesignate 
the Richmond moderate ozone nonattainment area to attainment were 
submitted on November 12, 1992, by the Department of Environmental 
Quality. These requests are disapproved because review of the 1993 
ambient air quality data monitored during the 1993 ozone season 
indicated that a violation of the ozone NAAQS occurred at the Charles 
City monitor in the Richmond nonattainment area . Because of the 
registered violation during the 1993 ozone season, the underlying basis 
of the Commonwealth's November 12, 1992 maintenance plan's 
demonstration is no longer valid.
[FR Doc. 94-10522 Filed 5-2-94; 8:45 am]
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