[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Proposed Rules]
[Pages 62427-62431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25416]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA126-5061; FRL-7391-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revisions to the Ozone Maintenance Plan and Mobile Sources 
Emissions Budget for the Richmond Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 62428]]

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia. This revision 
amends Virginia's ten-year plan to maintain the national ambient air 
quality standard (NAAQS) for ozone in the Richmond area. The 
maintenance plan is being amended to change the contingency measures 
portion and to identify measures taken in response to recorded 
violations of the 1-hour ozone NAAQS in the Richmond area. The 
maintenance plan is also being amended to substitute measures that 
establish a safety margin to retain the 2015 motor vehicle emissions 
budget for volatile organic compounds. This action is being taken under 
the Clean Air Act (the Act).

DATES: Written comments must be received on or before November 6, 2002.

ADDRESSES: Written comments may be mailed to Walter K. Wilkie, Deputy 
Branch Chief, Air Quality Planning and Information Services Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103. 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 Virginia Department of 
Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
via e-mail at [email protected]. While clarifying questions 
may be posed via e-mail, formal comments must be submitted, in writing, 
as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

What Is the History of the Maintenance Plan for the Richmond Area?

    The Richmond area includes the following jurisdictions in Virginia: 
Henrico, Hanover, and Chesterfield Counties, part of Charles City 
County and the Cities of Richmond, Colonial Heights and Hopewell.\1\ On 
November 17, 1997 (62 FR 61237), EPA approved the Commonwealth of 
Virginia's request to redesignate the Richmond moderate ozone 
nonattainment area to attainment, and also approved Virginia's 10-year 
plan for continued maintenance of the 1-hour ozone NAAQS in the 
Richmond area as a revision to the Virginia SIP.
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    \1\ For the boundaries of the portion of Charles City County 
within the Richmond ozone maintenance area, see 40 CFR 81.347.
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    A provision of the Virginia maintenance plan requires the state to 
adopt and implement contingency measures in the event of a violation of 
the 1-hour ozone NAAQS. On June 5, 1998, EPA revoked the 1-hour ozone 
NAAQS, that is, as a legal matter, made the 1-hour standard not 
applicable. See 63 FR 31013, June 5, 1998. On September 18, 1998, the 
Richmond area violated the 1-hour ozone NAAQS. On August 1, 1999 a 
second monitor in the Richmond area recorded a violation of the 1-hour 
ozone NAAQS. However, in 1998 and 1999, at the time of the violations, 
the 1-hour ozone NAAQS had been revoked by EPA in all areas that had 
attained the standard, including the Richmond area.
    On October 18, 2000, EPA reinstated the 1-hour ozone NAAQS in the 
Richmond area and notified Virginia that it was required to implement 
the contingency measures contained in the SIP-approved maintenance plan 
to address the violations that occurred in 1998 and 1999. See 65 FR 
45182, July 20, 2000.

II. Content of the November 20, 2001 SIP Revision

When Did Virginia Submit the Revisions to the Contingency Plan and 
Substitute Measures for the 2015 Safety Margin?

    On November 20, 2001, the Virginia Department of Environmental 
Quality (VA DEQ) submitted an amendment to the 1-hour ozone maintenance 
plan for the Richmond area to address the violation of the 1-hour ozone 
NAAQS, to revise the contingency measures part of the plan and to use 
different measures that establish a safety margin needed to support the 
2015 volatile organic compound (VOC) motor vehicle emissions budgets.

What Did the Original Contingency Plan Require in the Event of an 
Exceedance or Violation of the 1-Hour Ozone NAAQS?

    The original contingency measure section that was approved as part 
of the Richmond maintenance plan contained the following emission 
control measures that are to be implemented in response to recorded 
exceedances and violations of the ozone standard in the area:
    1. Preparation of a comprehensive ozone precursor emissions 
inventory for the area, and implementation of a voluntary ozone 
advisory and action program.
    2. Implementation of a basic motor vehicle inspection and 
maintenance (I/M) program.
    3. Implementation of Reasonably Available Control Technologies 
(RACT) on major sources of NOX emissions.
    4. Open burning restrictions and appropriate transportation control 
measures (TCMs).
    The first has already been implemented with the ozone forecast and 
action program jointly administered by the VA DEQ and the Richmond 
Ridefinders organization. The first scheduled progress tracking 
emissions inventory for 1999 has been developed. Virginia's preliminary 
analysis of the 1999 emissions inventory for Richmond indicated that 
the emissions levels remain below the established attainment emissions 
caps.
    In response to the 1998 and 1999 monitored violations of the 1-hour 
ozone standard in the Richmond area, the current contingency measure 
section calls for the implementation of a basic I/M program. The plan 
requires the basic I/M regulation to be adopted within 12 months of 
notification by EPA, and implemented within 8 months after adoption 
(for a total of twenty months upon notification from EPA). Based on the 
effective date of the reinstatement of the 1-hour standard of October 
18, 2000, a contingency measure would have to be implemented in the 
Richmond area by no later than June 2002.

Why and How Has Virginia Changed the Contingency Plan Portion of the 
Richmond Maintenance Plan?

    The Commonwealth has re-evaluated the contingency measures in the 
Richmond maintenance plan, and revised the contingency measure section 
of the maintenance plan through the November 20, 2001 SIP revision. As 
a result of this re-evaluation of the contingency plan, Virginia 
determined that a basic I/M program is a less effective and desirable 
contingency measure than originally anticipated. This is due to the 
limited emission reduction potential of such a program, along with the 
substantial administrative and implementation effort required to 
establish the program.
    As a result, the Commonwealth revised the contingency measure 
section of the Richmond maintenance plan to contain the following list 
of contingency measures:
    1. Voluntary ozone advisory and action program (implemented in 
1996).
    2. Open burning restrictions (implemented by state regulation in 
2000). The Commonwealth is only using the VOC reductions from this 
measure as a contingency measure to address the violations that 
occurred in 1998 and 1999.

[[Page 62429]]

    3. Emission standards for nonroad spark-ignition handheld engines--
Phases 1 & 2 (Phase 1 implemented, Phase 2 to be implemented in 2002).
    4. Reduction of oxides of nitrogen (NOX) from large 
utility and industrial sources or ``NOX SIP Call'' (to be implemented 
by Federal rule in 2003 or state regulation beginning in 2004). This 
measure replaces the NOX RACT contingency measure in the 
original contingency measure section.
    If these measures do not provide for continued maintenance of the 
1-hour standard, and this standard remains in effect for the Richmond 
area, the Virginia's revised continency plan calls for the evaluation 
of the feasibility and effectiveness of implementing the following 
additional contingency measures at that time:
    1. TCMs.
    2. Other measures to be determined.

What Is the History of the 2015 Motor Vehicle Emissions Budgets?

    The Richmond maintenance plan must cover a ten-year period through 
calendar year 2007 and as a result establishes motor vehicle emissions 
budgets for 2007. These 2007 motor vehicle emissions budgets would 
apply for any conformity determination for any year after 2007 in the 
absence of specific budgets for years after 2007. On July 30, 1996, 
Virginia submitted a SIP revision modifying the motor vehicle emissions 
budgets in the Richmond maintenance plan for 2015 and later years.\2\ 
In that revision, Virginia determined that emission reductions over and 
above that needed to demonstrate maintenance from other portions of the 
emissions inventory will occur during this time period even though 
mobile source emissions of NOX and VOC are predicted to rise 
in the year 2015 as vehicle travel increases. The July 30, 1996 
revision relied on reductions from a ban on open burning and from 
national emission control programs on locomotive and marine engine 
sources to modify the 2015 mobile source emissions budgets.
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    \2\ While the maintenance plan was required to cover out to 
2007, transportation plans must show conformity for twenty years. 
Therefore, when the Richmond maintenance plan was submitted in 1996 
conformity determinations had to consider a ``horizon'' as far out 
as 2017.
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    The additional emissions reductions from the open burning ban and 
the national control programs created a safety margin. For Richmond the 
safety margin for VOC emissions was 3.78 tons/day and for 
NOX was 6.64 tons/day. All these reductions from the area 
and non-road source categories were allocated to the motor vehicle 
emissions budget for the purposes of conformity determinations. The 
2015 motor vehicle emissions budgets in the maintenance plan were 
increased to 35.64 tons/day for VOC emissions and 67.71 tons/day for 
NOX emissions. EPA approved these revised budgets on 
November 17, 1997 (62 FR 61237).

How Is the 2015 Safety Margin Being Sustained?

    Because Virginia is now using the VOC emission reduction credits 
from open burning restrictions for contingency measure purposes, the 
2015 VOC safety margin is now being revised to replace the emission 
reduction benefits (2.75 tons/day in 2015) from the open burning 
measure with equivalent benefits from the small nonroad gasoline-
powered engine standards control program. The safety margin for 
NOX is not affected by the November 20, 2001 revision.

What Is the Status of the Open Burning Control Measure?

    Virginia has implemented restrictions on certain open burning 
operations in the Richmond area starting with the calendar year 2000. 
The new restrictions prohibit as of January 1, 2000, open burning for 
the purpose of disposal of clean burning construction waste, debris 
waste, and demolition waste on the site of local landfills is 
prohibited in the Richmond Volatile Organic Compounds Emissions Control 
Area during June, July, and August.\3\ Virginia has adopted these 
requirements into its state code at 9 VAC 5 Chapter 40, Existing 
Stationary Sources, Part II, Emission Standards, Article 40, Emission 
Standards For Open Burning (Rule 4-40). This rule is both Federally and 
State enforceable. This rule was approved into the Virginia SIP on 
March 12, 1997 (62 FR 11334) and is codified at 40 CFR 52.2420(c)(113). 
Virginia did not rely upon this rule to demonstrate maintenance for the 
ten-year period ending calendar year 2007 that is covered by the 
maintenance plan for the Richmond area.
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    \3\ The Richmond Emissions Control Area for Volatile Organic 
Compounds consists of Charles City, Chesterfield, Hanover and 
Henrico Counties and the Cities of Colonial Heights, Hopewell, and 
Richmond. See 9 VAC 5-20-206.
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    However, Virginia did rely upon the VOC and NOX benefits 
from this measure to establish ``long-range'' (2015 and beyond) mobile 
source emissions budgets for the purpose of demonstrating 
transportation conformity.
    Because Virginia is now using the VOC reductions from the open 
burning restrictions as a contingency measure to address the 1998 and 
1999 violations of the ozone NAAQS, the same reductions can no longer 
be used to supplement the long-range transportation conformity motor 
vehicle emission budgets in the future. Therefore, through this SIP 
revision, Virginia has replaced these emission reductions from open 
burning restrictions in the long-range transportation budget with 
equivalent VOC reductions from the small gasoline engine standards that 
have been estimated to occur by 2015. The NOX reduction 
benefit from the open burning restrictions will be retained for long 
range conformity purposes.
    Virginia did not rely upon this measure for its demonstration of 
maintenance.

What Are the Benefits From the Small Nonroad Gasoline-powered Engine 
Standards Control Program?

    EPA promulgated emission standards for small nonroad gasoline-
powered engine standards in two phases of control. EPA promulgated the 
Phase 1 final rule for handheld and non-handheld equipment on July 3, 
1995, (60 FR 34582; codified at 40 CFR part 90). The phase 1 rule took 
effect for most new handheld and non-handheld engines beginning in 
model year 1997. EPA promulgated the Phase 2 rules for non-handheld 
equipment on March 30, 1999 (64 FR 15208; codified at 40 CFR part 90). 
These Phase 2 standards took effect for most new non-handheld engines 
beginning in model year 2001. EPA promulgated the Phase 2 rules for 
handheld equipment on April 25, 2000, (65 FR 24268; codified at 40 CFR 
part 90). These Phase 2 standards for took effect for most new handheld 
engines beginning in model year 2002.
    Virginia did not rely upon these rules in its demonstration of 
maintenance through 2007 in the maintenance plan approved on November 
17, 1997. The VA DEQ has determined that this measure will produce 3.84 
tons per day of VOC emission reductions in 2002 and over 11 tons per 
day in 2015. VA DEQ is applying all of the 3.84 VOC emission reduction 
in 2002 as a contingency measure. In the revised maintenance plan, 2.75 
tons per day of the total 11 plus tons per day of VOC emission 
reductions in 2015 from this measure are being used to maintain the 
safety margin necessary to support the 2015 VOC motor vehicle emissions 
budget. In effect, part of the 2015 VOC emission reductions are being 
substituted for the 2.75 tons per day of VOC emission reductions from 
the open burning measure in order to maintain the safety margin for the 
2015 VOC motor vehicle emissions budgets.

[[Page 62430]]

What Would Have Been the Benefits From the Vehicle Inspection 
Maintenance Program?

    The VA DEQ estimated that the basic biennial and decentralized I/M 
program in the original maintenance plan would produce a 1.23 ton/day 
reduction in VOC emissions and a 0.14 ton/day reduction in 
NOX emissions once the program is fully implemented.

How Does the Emission Reductions From the Current Contingency Measure 
Compare With the Revised Maintenance Plan?

------------------------------------------------------------------------
 
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                  Initial Contingency Plan (Reductions)
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Basic Vehicle I/M Program.......  1.23 tons/day.....  0.14 tons/day
---------------------------------
         Revised Contingency Plan (Reductions beginning in 2000)
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Open Burning Restrictions.......  2.40 tons/day.....  Not Used.
Nonroad Engine Standards--Phase   3.81 tons/day.....  0.01 tons/day.
 1&2.
NOX SIP Call....................  None..............  Up to 46 tons/day.
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III. EPA's Evaluation of Virginia's SIP Revision

    Because the Richmond area had violated the ozone NAAQS, Virginia 
was required to adopt and implement contingency measures to reduce 
emissions.
    There are four ozone monitors in the Richmond area. These are in 
Charles City County, Hanover County, Henrico County and Chesterfield 
County. The monitors in Henrico and Charles City Counties are the only 
ones that have recorded a violation of the 1-hour ozone NAAQS since the 
area was redesignated to attainment in 1997: The Hanover County monitor 
recorded two exceedances of the 1-hour ozone NAAQS during the 1997 
ozone season, two exceedances occurred during the1998 season and four 
in the 1999 season. The second exceedance recorded during 1998 ozone 
season constituted the violation of the 1-hour ozone NAAQS. The Charles 
City County monitor recorded no exceedances of the 1-hour ozone NAAQS 
during the 1997 and 1998 ozone seasons but recorded five during the 
1999 season. The fourth exceedance recorded during 1999 ozone season 
constituted the violation of the 1-hour ozone NAAQS at this monitor.
    Since the time of full implementation of the open burning 
restrictions in May of 2000, none of monitors in either Charles City or 
Hanover Counties have recorded an exceedance of the 1-hour ozone NAAQS. 
The other two monitors in the area have continued to show attainment. 
The control requirements for open burning restrictions have provided a 
sufficient level of emission reductions to maintain the 1-hour NAAQS 
and have strengthened the SIP. The Virginia revised contingency plan 
provided for earlier emission reduction than the original plan and 
provides for a continual reduction of VOC and NOX emissions 
over the same time frame.
    Therefore, EPA believes that adequate contingency measures have 
been adopted and implemented for the Richmond area to prevent future 
violations of the 1-hour ozone NAAQS.
    EPA's review of this material indicates Virginia has adopted 
adequate control measures. Virginia has substituted equivalent emission 
reductions for the basic I/M program. EPA believes that the proposed 
revisions to the Richmond maintenance plan will continue to provide 
attainment of the 1-hour ozone NAAQS in the future.
    We are seeking public comments on this proposed rulemaking and will 
accept such comments provided they are submitted as specified in the 
DATES and ADDRESSES sections of this document. We will address all 
comments in our final rulemaking on the revisions to Virginia's 
maintenance plan.
    EPA is proposing to approve the November 20, 2001 SIP revision to 
Virginia's 1-hour ozone maintenance plan for the Richmond area. EPA is 
soliciting public comments on the issues discussed in this document or 
on other relevant matters. These comments will be considered before 
taking final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the EPA Regional 
office listed in the ADDRESSES section of this document.

IV. Proposed Action

    EPA is proposing to approve the revisions to Virginia's 1-hour 
ozone maintenance plan for the Richmond area submitted by the VA DEQ on 
November 20, 2001.

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). This proposed rule also does 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), nor will it 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), because it 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 (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

[[Page 62431]]

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. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This proposed rule on revisions to the Richmond maintenance plan 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 30, 2002.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 02-25416 Filed 10-4-02; 8:45 am]
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