[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Rules and Regulations]
[Pages 30490-30492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10581]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0919; FRL-8320-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Redesignation of the Hampton Roads 8-Hour Ozone Nonattainment 
Area to Attainment and Approval of the Area's Maintenance Plan and 2002 
Base-Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and a State 
Implementation Plan (SIP) revision submitted by the Commonwealth of 
Virginia. The Virginia Department of Environmental Quality (VADEQ) is 
requesting that the Norfolk-Virginia Beach-Newport News (Hampton Roads) 
nonattainment area (herein referred to as the ``Hampton Roads Area'' or 
the ``Area'') be redesignated as attainment for the 8-hour ozone 
national ambient air quality standard (NAAQS). In conjunction with its 
redesignation request, the Commonwealth submitted a SIP revision 
consisting of a maintenance plan for the Hampton Roads Area that 
provides for continued attainment of the 8-hour ozone NAAQS for the 
next 11 years, until 2018. Concurrently, EPA is approving the 
Commonwealth's request that the 8-hour maintenance plan supersede the 
previous 1-hour maintenance plan. EPA is also approving the adequacy 
determination for the motor vehicle emission budgets (MVEBs) that are 
identified in the Hampton Roads 8-hour maintenance plan for purposes of 
transportation conformity, and is approving those MVEBs. EPA is also 
approving the 2002 base year emissions inventory for the Area. EPA is 
approving the redesignation request, the maintenance plan, and the 2002 
base year emissions inventory as revisions to the Virginia SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on June 1, 2007 
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0919. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy 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. Copies of the State 
submittal are available at the Virginia Department of Environmental 
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 13, 2007 (72 FR 18602), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed 
approval of Virginia's redesignation request, a SIP revision that 
establishes a maintenance plan for the Hampton Roads Area that sets 
forth how the Hampton Roads Area will maintain attainment of the 8-hour 
ozone NAAQS for the next 11 years, and a 2002 base year emissions 
inventory. The formal SIP revisions were submitted by the VADEQ on 
October 12, 2006, October 16, 2006, October 18, 2006, and supplemented 
on November 20, 2006 and February 13, 2007. Other specific requirements 
of Virginia's redesignation request SIP revision for the maintenance 
plan and the rationales for EPA's proposed actions are explained in the 
NPR and will not be restated here. No public comments were received on 
the NPR.

II. Final Action

    EPA is approving the Commonwealth of Virginia's redesignation 
request, maintenance plan, and 2002 base year emissions inventory 
because the requirements for approval have been satisfied. EPA has 
evaluated Virginia's redesignation request, submitted on October 16, 
2006, and determined that it meets the redesignation criteria set forth 
in section 107(d)(3)(E) of the CAA. EPA believes that the redesignation 
request and monitoring data demonstrate that the Hampton Roads Area has 
attained the 8-hour ozone standard. The final approval of this 
redesignation request will change the designation of the Hampton Roads 
Area from nonattainment to attainment for the 8-hour ozone standard. 
EPA is approving the associated maintenance plan for the Hampton Roads 
Area, submitted on October 18, 2006, as a revision to the Virginia SIP. 
EPA is approving the maintenance plan for the Hampton Roads Area 
because it meets the requirements of section 175A. EPA is approving the 
Commonwealth's request that the 8-hour maintenance plan supersede the 
previous 1-hour maintenance plan. EPA is approving the MVEBs submitted 
by Virginia in conjunction with its redesignation request. EPA is also 
approving the 2002 base year emissions inventory, submitted on October 
12, 2006 supplemented by VADEQ on November 20, 2006 and February 13, 
2007, as a revision to the Virginia SIP. In this final rulemaking, EPA 
is notifying the public that we have found that the MVEBs for 
NOX and VOCs in the Hampton Roads Area for the 8-hour ozone 
maintenance plan are adequate and approved for conformity purposes. As 
a result of our finding, the Cities of Chesapeake, Hampton, Newport 
News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and 
Williamsburg, and the Counties of Isle of Wight, James City, and York, 
Virginia must use the MVEBs from the submitted 8-hour ozone maintenance 
plan for future conformity determinations. The adequate and approved 
MVEBs are provided in the following table:

  Adequate and Approved Motor Vehicle Emissions Budgets (MVEBs) in Tons
                              per Day (TPD)
------------------------------------------------------------------------
                  Budget year                       NOX          VOC
------------------------------------------------------------------------
2011..........................................       50.387       37.846
2018..........................................       31.890       27.574
------------------------------------------------------------------------

    Hampton Roads is subject to the CAA's requirements for marginal 
ozone nonattainment areas until and unless it is redesignated to 
attainment.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final 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

[[Page 30491]]

22, 2001)). This action approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(e) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Accordingly, the Administrator 
certifies that this final 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 governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4). This final 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 affects the status of a geographical area, 
does not impose any new requirements on sources, or allow the state to 
avoid adopting or implementing other requirements, and does not alter 
the relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This final rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it 
approves a state rule implementing a Federal standard.
    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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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 
final 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.

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 July 31, 2007. 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, to approve the redesignation request, maintenance 
plan, adequacy determination for MVEBs, and the 2002 base year 
emissions inventory for the Hampton Roads Area, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Nitrogen Dioxides, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 17, 2007.
W.T. Wisniewski,
Acting Regional Administrator, Region III.


0
40 CFR parts 52 and 81 are 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 VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by adding an 
entry for the 8-Hour Ozone Maintenance Plan, Norfolk-Virginia Beach-
Newport News (Hampton Roads), VA Area at the end of the table to read 
as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (e)* * *

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   Name of non-regulatory SIP        Applicable      State submittal                            Additional
            revision              geographic area          date        EPA approval date        explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Norfolk-Virginia   10/12/06; 10/16/   6/1/07 [Insert
 and 2002 Base Year Emissions     Beach-Newport      06; 10/18/06; 11/  page number
 Inventory.                       News (Hampton      20/06; 2/13/07.    where the
                                  Roads), VA Area.                      document begins].
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[[Page 30492]]

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.347 the table entitled ``Virginia--Ozone (8-Hour 
Standard)'' is amended by revising the entry for the Norfolk-Virginia 
Beach-Newport News (Hampton Roads), VA area to read as follows:


Sec.  81.347  Virginia.

* * * * *

                                                 Virginia--Ozone
                                                [8-hour standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/Classification
         Designated area          ------------------------------------------------------------------------------
                                     Date \1\              Type              Date \1\             Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                          Norfolk-Virginia Beach-Newport News (Hampton Roads), VA Area
----------------------------------------------------------------------------------------------------------------
Chesapeake City..................       6/1/07  Attainment...............
Gloucester County................       6/1/07  Attainment...............
Hampton City.....................       6/1/07  Attainment...............
Isle of Wight County.............       6/1/07  Attainment...............
James City County................       6/1/07  Attainment...............
Newport News City................       6/1/07  Attainment...............
Norfolk City.....................       6/1/07  Attainment...............
Poquoson City....................       6/1/07  Attainment...............
Portsmouth City..................       6/1/07  Attainment...............
Suffolk City.....................       6/1/07  Attainment...............
Virginia Beach City..............       6/1/07  Attainment...............
Williamsburg City................       6/1/07  Attainment...............
 
                                                  * * * * * * *
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\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E7-10581 Filed 5-31-07; 8:45 am]
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