[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54310-54311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26040]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[A-95-09; FRL-5301-9]


Designation of Areas for Air Quality Planning Purposes; 
Commonwealth of Virginia: Correction to the Boundary of the Richmond 
Ozone Nonattainment Area To Exclude the Rural Portion of Charles City 
County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a correction to the boundary of the Richmond 
ozone nonattainment area in the Commonwealth of Virginia. The boundary 
of the Richmond ozone nonattainment area is being revised to include 
only a portion of Charles City County. This action is intended to 
reflect EPA's determination that Charles City County meets EPA's 
criteria for the designation of only a portion of a rural county where 
an air quality monitor indicates violations of the National Ambient Air 
Quality Standard (NAAQS), in lieu of designating the entire county 
nonattainment. This action will relieve the attainment portion of the 
County from meeting the Part D requirements of the Clean Air Act (CAA).

EFFECTIVE DATE: This rule will become effective on November 20, 1995.

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.

FOR FURTHER INFORMATION CONTACT: Kathleen Henry at (215) 597-0545 at 
the EPA Regional Office listed above.

SUPPLEMENTARY INFORMATION: On November 7, 1994, the Commonwealth of 
Virginia submitted a request to revise the boundary of the Richmond 
ozone nonattainment area to exclude the rural portion of Charles City 
County. Specifically, the Commonwealth asked that only the southwestern 
corner of the county be included in the Richmond nonattainment area.
    Sections 107(d)(4)(A)(i) and (ii) set out the general process by 
which areas were to be designated for ozone attainment/nonattainment 
immediately after enactment of the 1990 Amendments. Under the CAA, 
preenactment ozone and carbon monoxide (CO) nonattainment areas were 
classified on the date of enactment according to the severity of their 
problem. Within 120 days of enactment of the 1990 Amendments, the 
Governor of each State was required to submit a list of areas within 
the State, designating each area as attainment, nonattainment, or 
unclassifiable (120-day letter). Within 60 days of submitting the State 
lists, EPA was required to notify States of any potential modifications 
to the State's recommendations and encouraged States to comment within 
20 days to EPA's proposal. EPA was required to promulgate the lists, 
including boundary modifications, within 240 days of enactment.
    On March 15, 1991, the Commonwealth of Virginia submitted a list of 
ozone and CO nonattainment, attainment and unclassifiable areas and 
boundaries, which included the preenactment Richmond ozone 
nonattainment area. The Commonwealth's list expanded the Richmond 
nonattainment area to include the Richmond/Petersburg Metropolitan 
Statistical Area (MSA). However, the Commonwealth excluded parts of the 
MSA, including Charles City, Dinwiddie, Goochland, New Kent, Powhattan 
and Prince George's Counties and the City of Petersburg. These areas 
were designated separately as either unclassifiable or attainment. The 
Commonwealth excluded these areas because emissions from vehicle, area 
and point source emissions were below specified cutoff values set by 
the Commonwealth for areas that were subject to VOC controls.
    EPA gave the 60 day notification to Virginia on May 14, 1991, that 
the Agency intended to modify the designation and/or boundaries of 
certain areas on the State's list, including the boundaries of the 
Richmond/Petersburg nonattainment area. Pursuant to section 
107(d)(1)(i) of the CAA, EPA indicated that it intended to designate 
all of Charles City County nonattainment due to monitored violations of 
the NAAQS for ozone at the air quality monitoring station in the 
southwestern corner of the county.
    On June 3, 1991, the Commonwealth commented that it disagreed with 
EPA's nonattainment designation for Charles City County due to it's 
small contribution to the total emissions for the MSA. EPA reaffirmed 
the nonattainment designation for Charles City County in a letter to 
the Commonwealth dated June 21, 1991, and promulgated all of Charles 
City County as part of the Richmond nonattainment area in the November 
6, 1991, final rule (FR 56 56694) designating areas for air quality 
planning purposes. Please refer to Air Docket No. A-90-42.
    In the November 6, 1991 rule, EPA established criteria for 
designating portions of counties nonattainment where monitored 
violations of the NAAQS were recorded but where the state did not wish 
to designate an entire county as nonattainment. In general, the 
criteria required that the boundary: (1) include an area contiguous 
with the adjoining nonattainment area, (2) include a reasonable area 
surrounding the monitor, and (3) include all adjoining areas with a 
population of sufficient density such that those areas were likely to 
contribute to the NAAQS violation. 

[[Page 54311]]

    Based on population and emissions data submitted by the 
Commonwealth, 120 days after enactment of the 1990 Amendments, with its 
original March 15, 1991 letter; EPA has determined that the 
Commonwealth's November 7, 1994, request to revise the boundary of the 
Charles City County portion of the Richmond nonattainment area meets 
the criteria for designating an area smaller than an entire county. 
Furthermore, EPA believes that this request, to exclude a portion of 
the County, would have been approved had it been submitted prior to the 
November 6, 1991 rulemaking. Today's action will relieve the attainment 
portion of Charles City County from meeting the Part D requirements of 
the CAA.

Final Action

    In the Federal Register of November 6, 1991 (56 FR 56694), EPA 
issued a final rule promulgating the designations, boundaries, and 
classifications of ozone nonattainment areas (and for nonattainment 
areas for other pollutants not addressed in this action). Pursuant to 
section 110(k)(6), EPA is correcting the boundary of the Richmond 
nonattainment area to exclude all of Charles City County west of Route 
156. The boundaries for the Charles City County portion of the Richmond 
nonattainment area include the area surrounding the air quality monitor 
and the urbanized portion of the county that is contiguous with the 
rest of the Richmond nonattainment area.
    In accordance with CAA sections 107(d)(2)(B) and 110(k)(6), today's 
action is a final rule and is not subject to the notice and comment 
provisions of sections 553 through 557 of Title 5.

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: October 16, 1995.
Carol M. Browner,
Administrator.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

    4. In Sec. 81.347 the ozone table is amended by revising the entry 
for ``Charles City County'' under the ``Richmond Area'' and the ``AQCR 
225 State Capital Intrastate'' to read as follows:


Sec. 81.347  Virginia.

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                                                 Virginia--Ozone                                                
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                                                Designation                           Classification            
         Designated Area         -------------------------------------------------------------------------------
                                    Date \1\              Type              Date \1\              Type          
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Richmond Area:                                                                                                  
    Charles City County (part)    ............  Nonattainment                                                   
Beginning at the intersection of                                                                                
 State Route 156 and the Henrico/                                                                               
 Charles City County Line,                                                                                      
 proceeding south along State                                                                                   
 Route 5/156 to the intersection                                                                                
 with State Route 106/156,                                                                                      
 proceeding south along Route                                                                                   
 106/156 to the intersection                                                                                    
 with the Prince George/Charles                                                                                 
 City County line, proceeding                                                                                   
 west along the Prince George/                                                                                  
 Charles City County line to the                                                                                
 intersection with the                                                                                          
 Chesterfield/Charles City                                                                                      
 County line, proceeding north                                                                                  
 along the Chesterfield/Charles                                                                                 
 City County line to the                                                                                        
 intersection with the Henrico/                                                                                 
 Charles City County line,                                                                                      
 proceeding north along the                                                                                     
 Henrico/Charles City County                                                                                    
 line to State Route 156.                                                                                       
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
AQCR 225 State Capital                                                                                          
 Intrastate (Remainder of)                                                                                      
    Charles City County (part)    ............  Unclassifiable/                                                 
                                                 Attainment                                                     
    Remainder of county                                                                                         
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     

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[FR Doc. 95-26040 Filed 10-20-95; 8:45 am]
BILLING CODE 6560-50-P