97-30138. Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation Request, Maintenance Plan and Mobile Emissions Budget for the Richmond Ozone Nonattainment Area  

  • [Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
    [Rules and Regulations]
    [Pages 61237-61241]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-30138]
    
    
    
    [[Page 61237]]
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [VA062-5030 and VA080-5030; FRL-5921-3]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    Virginia; Redesignation Request, Maintenance Plan and Mobile Emissions 
    Budget for the Richmond Ozone Nonattainment Area
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: EPA is approving the redesignation request and two State 
    Implementation Plan (SIP) revisions submitted by the Commonwealth of 
    Virginia. On July 26, 1996, the Commonwealth of Virginia's Department 
    of Environmental Quality submitted a maintenance plan as a revision to 
    the SIP and a request to redesignate the Richmond moderate ozone 
    nonattainment area from nonattainment to attainment. EPA's action is 
    based upon the Commonwealth's submittal satisfying all five criteria 
    for redesignation in the Clean Air Act (the Act), including the fact 
    that the Richmond area has more than three years of complete, quality-
    assured ambient air monitoring data which demonstrates that the 1-hour 
    .12 part per million (ppm) National Ambient Air Quality Standard 
    (NAAQS) for ozone has been attained. The Richmond area has continued to 
    attain the standard while its redesignation request was pending before 
    the Agency. On July 30, 1996, the Commonwealth submitted another 
    revision to the SIP modifying the mobile source emission budgets in the 
    Richmond area maintenance plan in support of the area's transportation 
    plans for the period after the year 2015. EPA is redesignating the 
    Richmond ozone nonattainment area from nonattainment to attainment and 
    approving the maintenance plan and mobile source emissions budget as 
    revisions to the Virginia SIP.
    
    EFFECTIVE DATE: This final rule is effective on December 17, 1997.
    
    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; the Air and Radiation Docket and Information Center, U.S. 
    Environmental Protection Agency, 401 M Street, SW, Washington, DC 
    20460; and the Virginia Department of Environmental Quality, 629 East 
    Main Street, Richmond, Virginia, 23219.
    
    FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, Ozone/Carbon 
    Monoxide and Mobile Sources Section at (215) 566-2092. Questions may 
    also be addressed via e-mail, at the following address: 
    Gaffney.Kristeen@epamail.epa.gov
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On June 13, 1997, EPA published a notice of proposed rulemaking 
    (NPR) for the Commonwealth of Virginia (62 FR 38856). The NPR proposed 
    approval of the redesignation request, maintenance plan and mobile 
    source emissions budget for the Richmond moderate ozone nonattainment 
    area. The redesignation request and maintenance plan were submitted as 
    SIP revisions by the Commonwealth of Virginia on July 26, 1996. The 
    mobile source emissions budget was submitted as a SIP revision on July 
    30, 1996. The SIP revisions establish a maintenance plan for Richmond, 
    including contingency measures, which provides for continued attainment 
    of the ozone NAAQS until the year 2007, and adjust the mobile source 
    emissions budget established in the maintenance plan for Richmond to 
    support the area's long-range transportation plans in the horizon years 
    2015 and beyond. This action is being taken under sections 107 and 110 
    of the Clean Air Act.
        On July 18, 1997, EPA promulgated a new NAAQS for ozone, replacing 
    the 1-hour .12 ppm standard with an 8-hour 0.08 ppm standard (62 FR 
    38856). EPA is in the process of developing guidance and proposed rules 
    to implement the new ozone standard based on a Presidential Directive 
    signed on July 16, 1997, and published in the Federal Register on July 
    18, 1997. Today's action is a redesignation to attainment for the 
    Richmond area of the 1-hour .12 ppm ozone standard and approval of the 
    maintenance plan and mobile source emissions budget as they relate to 
    the 1-hour standard only. EPA's decision to redesignate Richmond to 
    attainment and approve the related SIP revisions is based on the 
    requirements of section 107 of the Act and existing EPA policy and 
    guidance as they pertain to the 1-hour standard. Today's decision does 
    not in any way make a determination regarding Richmond's attainment 
    status for the newly promulgated 8-hour .08 ppm ozone standard. 
    Decisions regarding the attainment status of areas for the new 8-hour 
    .08 ppm ozone NAAQS will be conducted by EPA at a later date.
    
    II. Outstanding Requirements
    
        The June 13, 1997 NPR proposed approval of the redesignation to 
    attainment of the Richmond area based on certain contingencies, as 
    discussed in the NPR. Specifically, it was necessary for EPA to 
    complete rulemaking on several outstanding Clean Air Act requirements 
    for the Richmond area before final rulemaking on the redesignation 
    request could be completed. These requirements, as outlined in the 
    proposed rulemaking, are: (1) the determination of nonapplicability of 
    certain requirements of the Act including reasonable further progress 
    (RFP) and the attainment demonstration; (2) final approval of the 
    proposed nitrogen oxides (NOX) reasonably available control 
    technology (RACT) waiver for the Richmond area; and (3) SIP approval of 
    12 source-specific volatile organic compound (VOC) reasonably available 
    control technology (RACT) SIP revisions. Final EPA action has been 
    completed for each of these requirements, as discussed below, and EPA 
    finds that all the applicable requirements of the Act necessary for 
    redesignations have been met for the Richmond area.
        1. EPA's determination of nonapplicability of certain requirements 
    of the Act for the Richmond area, specifically section 182(b)(1) (RFP, 
    including the 15% plan, and attainment demonstration) and section 
    172(c)(9) (contingency measures) was proposed on June 13, 1997. The 
    final determination was published in the Federal Register on October 6, 
    1997 (62 FR 52029).
        2. EPA's final rulemaking to waive the NOX RACT 
    requirements of section 182(f) of the Act in the Richmond area was 
    published in the Federal Register on July 21, 1997 (62 FR 38922).
        3. EPA published final approval of 12 source specific VOC RACT SIP 
    submittals in the Federal Register on October 14, 1997 (62 FR 53234 and 
    62 FR 53242). The approval of these 12 source specific VOC RACT 
    approvals fulfills the section 182(a)(2) and 182(b)(2) requirements of 
    the Act to impose RACT on major sources of VOCs in the nonattainment 
    area.
    
    III. Response to Public Comments
    
        Two letters were received submitting public comments on the NPR. 
    One letter of support for EPA's proposed action to redesignate Richmond 
    was received from Virginia Power (July 14, 1997). The second letter was 
    received from the New
    
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    York State Department of Environmental Conservation (NYSDEC), which 
    submitted adverse comments regarding EPA's proposed action on the 
    redesignation request and maintenance plan. Below are EPA's responses 
    to the comments received in NYSDEC's letter.
    
    Comment #1
    
        NYSDEC disagrees with EPA's statement in the NPR that the Richmond 
    area has met all relevant requirements of the Act that were due as of 
    July 26, 1996, the date Virginia submitted its redesignation request. 
    Specifically, NYSDEC states that the Commonwealth of Virginia missed 
    the ``November 15, 1995'' statutory deadline for implementing the 
    NOX RACT requirements of the Act and continues to be 
    delinquent. 1 It was noted that the Commonwealth of Virginia 
    responded to EPA's July 8, 1994 finding of failure to submit a 
    NOX RACT SIP for the Richmond area with a petition for an 
    exemption from the NOX RACT requirement submitted on 
    December 18, 1995. NYSDEC states that this December 18, 1995 petition 
    was well after the mandated date of November 15, 1993 for submittal of 
    a NOX RACT SIP and after the mandatory implementation date. 
    NYSDEC concludes that ``[t]herefore, not implementing NOX 
    RACT in the Richmond area was not an option.'' NYSDEC states that it is 
    not a relevant factor that Richmond is now attaining the ozone NAAQS 
    because the Richmond area has avoided implementing the NOX 
    RACT requirements of the Act. NYSDEC objects to the proposed approval 
    of the redesignation request on the grounds that the area failed to 
    implement RACT on major sources of NOX.
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        \1\ Actually, section 182(b)(2) of the Act specifies that RACT 
    is to be implemented not later than May 15, 1995. The discrepancy in 
    dates does not substantively affect the commenters argument.
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    Response #1
    
        According to section 107(d)(3)(E) of the Act, five requirements 
    must be met in order for EPA to redesignate an area from nonattainment 
    to attainment:
        1. The area must have attained the applicable NAAQS;
        2. The area must have met all applicable requirements under section 
    110 and part D of the Act;
        3. The area must have a fully approved SIP under section 110(k) of 
    the Act;
        4. The air quality improvement must be permanent and enforceable; 
    and
        5. The area must have a fully approved maintenance plan pursuant to 
    section 175A of the Act.
        The commenter asserts that the obligation to meet all applicable 
    requirements includes the NOX RACT requirements of part D, 
    section 182(f) of the Act for controls on major sources of 
    NOX in the Richmond area. The commenter claims that 
    Virginia's failure to implement NOX RACT controls by 
    November 15, 1995 disqualifies it from redesignation. This argument has 
    been invalidated because EPA, subsequent to the proposed approval of 
    the redesignation, has granted Virginia's request under section 182(f) 
    for an exemption from this requirement. Therefore, the NOX 
    RACT requirement is no longer applicable to the Richmond area.
        On December 18, 1995, the Commonwealth submitted a petition under 
    section 182(f) of the Act to exempt the Richmond ozone nonattainment 
    area from the NOX RACT requirement. The exemption petition 
    was based on ambient air monitoring data from 1993-1995 which 
    demonstrated attainment of the 1-hour .12 ppm ozone standard. EPA 
    proposed approval of the NOX RACT exemption petition for the 
    Richmond area in the Federal Register on March 19, 1996 (61 FR 11170). 
    Moreover, in a separate Federal Register notice published on the same 
    day, EPA made an interim final determination that stayed and deferred 
    the implementation of sanctions which had started for this area by 
    issuance of a July 8, 1994 EPA findings letter because the 
    Commonwealth, contingent upon continued attainment of the ozone NAAQS, 
    had corrected the deficiency of failing to submit the NOX 
    RACT rules (61 FR 11162). In conjunction with EPA's proposed approval 
    of the NOX waiver petition, on September 6, 1996, the 
    Commonwealth withdrew from further EPA review the May 16, 1995 and July 
    17, 1995 draft NOX RACT control SIPs submitted to EPA. EPA's 
    proposed approval of the redesignation request and maintenance plan for 
    Richmond was based, in part, on EPA's proposed approval of the 
    NOX exemption petition. As was stated in the July 13, 1997 
    NPR, ``although EPA is proposing approval of the Richmond redesignation 
    request in today's action, EPA must complete final rulemaking action on 
    the NOX waiver before the area can be finally 
    redesignated.'' On July 21, 1997, EPA published final approval of an 
    exemption from the NOX RACT requirement for the Richmond 
    area contingent upon air quality monitoring that demonstrates continued 
    attainment of the ozone NAAQS (62 FR 38922). This final approval waives 
    NOX RACT as an applicable requirement in the Richmond area 
    for as long as the area attains the 1-hour ozone standard.
        The commenter's assertion that Virginia missed a May 15, 1995 
    statutory deadline for implementing the NOX RACT 
    requirements in Richmond is irrelevant in light of EPA's final approval 
    of the NOX RACT exemption petition. NOX RACT was 
    not implemented in the Richmond area because the area had attained the 
    standard, without needing the additional reductions of NOX. 
    EPA has approved the exemption of NOX RACT for the Richmond 
    area, and therefore, the area meets the section 182(f) requirements of 
    the Act and has a fully-approved SIP that meets the requirements of 
    section 107 of the Act for the purposes of redesignating the area to 
    attainment.
        EPA has not required NOX RACT SIP revisions in approving 
    redesignation requests in a number of other areas where it has granted 
    section 182(f) NOX waivers at the time of or before the 
    redesignation of an area. See 61 FR 20462-20468 (May 7, 1996); 59 FR 
    49361 (September 28, 1994); and 60 FR 12459 (March 7, 1995). Please 
    refer to these rulemakings for additional explanation of EPA's 
    interpretation of the NOX RACT requirements for areas 
    attaining the ozone standard.
    
    Comment #2
    
        NYSDEC also disagrees with EPA's determination that the 
    Commonwealth of Virginia has a fully approved SIP for the Richmond area 
    under section 110(a)(2). Section 110(a)(2)(D) requires SIPs to contain 
    adequate provisions to assure that the emissions activity of one state 
    does not adversely affect another state from attaining the ozone NAAQS. 
    NYSDEC states that EPA regional oxidant modeling and the regional 
    modeling done through the Ozone Transport Assessment Group (OTAG) 
    2 indicate that emissions of NOX from stationary 
    sources upwind of the Ozone Transport Region contribute to increased 
    ozone levels in the Northeast, including New York State.
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        \2\ OTAG was established approximately 2 years ago to undertake 
    an assessment of the regional transport problem and develop 
    solutions. OTAG was a collaborative process conducted by the 
    affected States and also included representatives from EPA, 
    environmental groups, industry and the public.
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    Response #2
    
        As stated above, for an area to be redesignated to attainment it 
    must meet all the requirements applicable to the area under section 
    110. Section 110(a)(2)(D) requires that the SIP
    
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    contain adequate provisions prohibiting any source or other type of 
    emissions activity within the state from emitting any air pollutant in 
    amounts which will contribute significantly to nonattainment in or 
    interfere with maintenance by any other state with respect to any 
    NAAQS. This provision applies by its terms to all SIPs for each 
    pollutant covered by a NAAQS and for all areas, regardless of their 
    attainment designation. In other words, this provision applies to both 
    nonattainment and attainment areas. EPA's decision to provide the 
    NOX RACT waiver under section 182(f) for any area or 
    redesignate any area to attainment would not shield that state from the 
    obligation, in response to a SIP call under section 110 by EPA, for 
    NOX emission reductions, if evidence such as photochemical 
    grid modeling shows that NOX emissions contribute 
    significantly to downwind nonattainment or maintenance problems in 
    another state.
        On October 10, 1997, Administrator Browner signed a Notice of 
    Proposed Rulemaking to issue a SIP call under section 110(k)(5) to 
    reduce NOX emissions which contribute to regional transport 
    of ozone in the Northeastern portion of the country. This Notice of 
    Proposed Rulemaking will be published shortly in the Federal Register. 
    This proposed SIP call is being issued in accordance with section 
    110(k)(5) and 110(a)(2)(D) of the Act. The SIP call, as proposed, will 
    require 22 states (including the Commonwealth of Virginia) and the 
    District of Columbia to submit, as SIP revisions, control measures to 
    reduce statewide NOX emissions to ensure that emission 
    reductions are achieved as needed to comply with section 110(a)(2)(D)'s 
    provisions on interstate transport of ozone. This action reflects the 
    technical work done by OTAG and other pertinent regional and urban 
    scale analyses of ozone transport. The proposed rulemaking establishes 
    statewide emissions budgets that the 22 states and the District of 
    Columbia need to achieve to reduce the boundary condition 
    concentrations of ozone and its precursors within a specified timeframe 
    and require the submission of SIP controls to achieve those reductions. 
    EPA is taking comment on this proposed rulemaking for 120 days. Final 
    action on the section 110 SIP call that takes into consideration public 
    comments received on the proposal is not expected to occur until 1998.
        Redesignating the Richmond area to attainment under section 107 of 
    the Act will in no way relieve the Commonwealth of Virginia from any 
    future obligations to secure additional NOX reductions in 
    the Richmond area which may result from any final action EPA takes 
    under section 110(a)(2)(D) and 110(k)(5). EPA has interpreted section 
    107(d)(3)(E) to permit the Agency, when reviewing requests for 
    redesignation, to rely on a prior SIP approval as establishing 
    compliance with section 110 of the Act. EPA approved the Virginia SIP 
    as meeting the requirements of section 110 [45 FR 55180, August 19, 
    1980; 45 FR 66789, October 8, 1980; and 45 FR 85748, December 30, 
    1980].
        A memorandum to EPA Regional Offices from John Calcagni, dated 
    September 4, l992, describes procedures that EPA regions should use to 
    evaluate requests to redesignate areas to attainment status. The memo 
    states on page 3:
    
        An area cannot be redesignated if a required element of its plan 
    is the subject of a disapproval; a finding of failure to submit or 
    to implement the SIP; or partial, conditional, or limited approval. 
    However, this does not mean that earlier issues with regard to the 
    SIP will be reopened. Regions should not reconsider those things 
    that have already been approved and for which the Clean Air Act 
    Amendments did not alter what is required.
    
        Prior to the 1990 Amendments, the predecessor to section 
    110(a)(2)(D) provided that SIPs must contain provisions ``prohibiting 
    any stationary source within the State from emitting any air pollutant 
    in amounts which will: (1) prevent attainment or maintenance by any 
    other State of any such national primary or secondary ambient air 
    quality standard.'' Section 110(a)(2)(E). The 1990 amendments to the 
    Act clarified the section by providing that SIPS must contain 
    provisions prohibiting emissions in amounts that ``contribute 
    significantly to nonattainment in, or interfere with maintenance by, 
    any other State with respect to any such national primary or secondary 
    ambient air quality standard.'' Section 110(a)(2)(D)(i)(I). This change 
    codified the interpretation EPA had long given to the section. See Air 
    Pollution Control District v. EPA, 739 F.2d 1071 (6th Cir. 1984). In 
    1992, EPA reviewed the amended section 110(a)(2)(D) and concluded that 
    the 1990 Amendments merely incorporated the Agency's longstanding 
    interpretation. See General Preamble, 57 FR 13556.
        Section 110(n)(1) also states that provisions in SIPs that were 
    approved before the 1990 Amendments shall remain in effect unless the 
    Amendments require changes to the provisions. Thus, EPA is not 
    obligated to reexamine the SIP provision previously approved under 
    section 110 in the context of a redesignation rulemaking.
        Based on its technical assessment that the issue of ozone transport 
    should be addressed regionally, EPA is implementing section 
    110(a)(2)(D) by exercising its authority to issue SIP calls on a 
    regional basis. EPA has not issued a final rulemaking finding that the 
    SIP applicable to Richmond does not meet the requirements of section 
    110(a)(2)(D) of the Act.
    
    Comment #3
    
        NYSDEC also submitted several comments that were pertinent to EPA's 
    proposed rulemaking to approve a NOX RACT exemption for the 
    Richmond area [March 19, 1996, 61 FR 11170]. NYSDEC believes that the 
    NOX RACT exemption request has been inappropriately 
    segregated from and does not address the section 110(a)(2)(D) 
    requirements of the Act. Further NYSDEC states that any NOX 
    exemption petition would also be invalid because section 110(a)(2)(D) 
    prohibits granting an exemption from NOX RACT pursuant to 
    section 182(f) of the Act where there is evidence that the exemption 
    would interfere with attainment of a NAAQS in another state.
    
    Response #3
    
        In the July 21, 1997 final rulemaking action on the NOX 
    exemption petition, EPA responded to similar adverse comments received 
    that section 110(a)(2)(D) prohibits granting exemptions pursuant to 
    section 182(f) where there is evidence that granting of the exemption 
    would interfere with attainment of the ozone NAAQS in downwind areas 
    [62 FR 38925]. In EPA's final rulemaking approving the exemption, EPA 
    made the determination that the section 110(a)(2)(D) and 182(f) 
    provisions must be considered independently and would not shield a 
    state from complying with a SIP call issued by EPA pursuant to section 
    110 of the Act. EPA's rationale for making this determination can be 
    found in the July 21, 1997 final approval of the NOX 
    exemption petition for the Richmond area and will not be restated here.
    
    IV. Final Action
    
        EPA has evaluated the Commonwealth's redesignation request for 
    Richmond for consistency with the Act, EPA regulations, and EPA policy. 
    EPA believes that the redesignation request and monitoring data 
    demonstrate that this area has attained the 1-hour .12 ppm ozone 
    standard. In addition, EPA has determined that the redesignation 
    request meets the
    
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    requirements of section 107(d)(3)(E) and the policy set forth in the 
    General Preamble and policy memoranda for area redesignations, and 
    today is approving Virginia's redesignation request for Richmond, 
    submitted on July 26, 1996. Furthermore, EPA is approving into the 
    Virginia SIP the required maintenance plan, because it meets the 
    requirements of section 175A of the Act, and the mobile source 
    emissions budget for the Richmond area. Other specific requirements of 
    redesignations and maintenance plans and the rationale for EPA's 
    approval action were explained in the July 13, 1997 proposed rulemaking 
    and will not be restated here.
        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.
    
    V. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget (OMB) has exempted this 
    regulatory action from E.O. 12866 review.
    
    B. Regulatory Flexibility Act
    
        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.
        Redesignation of an area to attainment under section 107(d)(3)(E) 
    of the 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 regulatory requirements on sources. EPA 
    certifies that the approval of the redesignation request will not have 
    a significant economic impact on a substantial number of small 
    entities.
    
    C. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate; or to 
    private sector, of $100 million or more. Under Section 205, EPA must 
    select the most cost-effective and least burdensome alternative that 
    achieves the objectives of the rule and is consistent with statutory 
    requirements. Section 203 requires EPA to establish a plan for 
    informing and advising any small governments that may be significantly 
    or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action.
    
    D. Submission to Congress and the General Accounting Office
    
        Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
    Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
    General Accounting Office prior to publication of the rule in today's 
    Federal Register. This rule is not a ``major rule'' as defined by 5 
    U.S.C. 804(2).
    
    E. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of EPA's approval of the Richmond redesignation 
    request, maintenance plan and mobile emissions budget must be filed in 
    the United States Court of Appeals for the appropriate circuit by 
    January 16, 1998. 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 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, Hydrocarbons, 
    Incorporation by reference, Intergovernmental relations, Nitrogen 
    dioxide, Ozone, Reporting and recordkeeping requirement.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        Dated: November 5, 1997.
    W. Michael McCabe,
    Regional Administrator, Region III.
    
        Chapter I, title 40, of the Code of Federal Regulations 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 52.2420 is amended by adding paragraph (c)(119) to read 
    as follows:
    
    
    Sec. 52.2420  Identification of plan.
    
    * * * * *
        (c) * * *
        (119) The ten year ozone maintenance plan for the Richmond, 
    Virginia ozone nonattainment area submitted by the Virginia Department 
    of Environmental Quality on July 26, 1996:
        (i) Incorporation by reference.
        (A) Letter of July 26, 1996 from the Virginia Department of 
    Environmental Quality transmitting the 10 year ozone maintenance plan 
    for the Richmond moderate ozone nonattainment area.
        (B) The ten year ozone maintenance plan including emission 
    projections, control measures to maintain attainment and contingency 
    measures for the Richmond ozone nonattainment area adopted on July 26, 
    1996.
        (ii) Additional material.
        (A) Remainder of July 26, 1996 Commonwealth submittal pertaining to 
    the redesignation request and maintenance plan referenced in paragraph 
    (c)(119)(i) of this section.
        3. Section 52.2424 is amended by designating the existing text as 
    paragraph (a) and adding paragraph (b) to read as follows:
    
    
    Sec. 52.2424  Motor vehicle emissions budgets.
    
    * * * * *
        (b) Motor vehicle emissions budget for the Richmond maintenance 
    area adjusting the mobile emissions budget
    
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    contained in the maintenance plan for the horizon years 2015 and beyond 
    adopted on July 30, 1996 and submitted by the Virginia Department of 
    Environmental Quality on July 30, 1996.
    
    PART 81--[AMENDED]
    
        4. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671.
    
    Subpart C--Section 107 Attainment Status Designations
    
        4. In Sec. 81.347 the ``Virginia--Ozone'' table is amended by 
    revising the entry for ``Richmond Area'' to read as follows:
    
    
    Sec. 81.347  Virginia.
    
    * * * * *
    
                                                                         Virginia--Ozone                                                                    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Designation                                           Classification                    
                 Designated area             ---------------------------------------------------------------------------------------------------------------
                                                Date \1\                      Type                      Date \1\                      Type                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Richmond Area:                                                                                                                                          
        Charles City County                      12/17/97  Attainment...............................                                                        
         (part).....................                                                                                                                        
            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.                                                                                                                       
        Chesterfield County, Colonial                                                                                                                       
         Heights, Hanover County, Henrico                                                                                                                   
         County, Hopewell, Richmond.                                                                                                                        
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ This date is November 15, 1990, unless otherwise noted.                                                                                             
    
    [FR Doc. 97-30138 Filed 11-14-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
12/17/1997
Published:
11/17/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-30138
Dates:
This final rule is effective on December 17, 1997.
Pages:
61237-61241 (5 pages)
Docket Numbers:
VA062-5030 and VA080-5030, FRL-5921-3
PDF File:
97-30138.pdf
CFR: (3)
40 CFR 52.2420
40 CFR 52.2424
40 CFR 81.347