[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2096]
[[Page Unknown]]
[Federal Register: January 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[VA17-1-6126 and VA18-1-6127; FRL-4831-3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia-Withdrawal of the Proposed Approval; Proposed
Disapproval of the Request to Redesignate the Richmond Ozone
Nonattainment Area to Attainment and the Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is withdrawing its proposed approval of the request to
redesignate the Richmond ozone nonattainment area from moderate
nonattainment to attainment and its proposed approval of the associated
maintenance plan as a revision to the State Implementation Plan (SIP).
Both proposed actions were published in the Federal Register on August
17, 1993. EPA is now proposing to disapprove the request to redesignate
the Richmond ozone nonattainment area from moderate nonattainment to
attainment and proposing to disapprove the maintenance plan as a
revision to the SIP. The intended effect of these actions is to
withdraw the August 17, 1993 proposed approval of the request to
redesignate Richmond and the proposed approval of the maintenance plan,
and to propose to disapprove both the redesignation request and
associated maintenance plan SIP revision. The redesignation request and
maintenance plan SIP revision were submitted by the Virginia Department
of Environmental Quality (VDEQ) on November 12, 1992. These actions are
being taken in accordance with the provisions of section 110 of the
Clean Air Act.
DATES: Comments must be received on or before March 2, 1994.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
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; and Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Cristina M. Schulingkamp, (215) 597-
0545.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 1992, the VDEQ submitted a request to EPA to
redesignate the Richmond moderate ozone nonattainment area from
nonattainment to attainment. On that date, the VDEQ also submitted a
maintenance plan for the Richmond area as a revision to the Virginia
SIP.
According to section 107(d)(3)(E) of the Clean Air Act (CAA), 42
U.S.C. 7407(d)(3)(E), five specific criteria must be met in order for
EPA to redesignate an area from nonattainment to attainment:
1. The Administrator determines that the area has attained the
NAAQS;
2. The Administrator has fully approved the applicable
implementation plan for the area under section 110(k);
3. The Administrator determines that the improvement in air quality
is due to permanent and enforceable reductions in emissions resulting
from implementation of the applicable implementation plan and
applicable Federal air pollutant control regulations and other
permanent and enforceable reductions;
4. The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A; and
5. The State containing such area has met all requirements
applicable to the area under section 110 and part D.
The Richmond area appeared to have attained the ozone national
ambient air quality standard (NAAQS), based on air quality data
monitored from 1989 through 1991. The VDEQ's November 12, 1992 request
for redesignation and its submittal of a maintenance plan SIP revision
for the Richmond area were evaluated by EPA and determined to have
satisfied the five criteria listed above. On August 17, 1993, EPA
proposed approval of both the redesignation request and the maintenance
plan (58 FR 43609). EPA's rationale for its proposed approval actions
was provided in that notice of proposed rulemaking and will not be
restated here. That notice did indicate, however, that EPA would not
take final action until after the 1993 ozone season (April through
October of each calendar year) to ensure that no violations of the
applicable NAAQS occurred, as further justification for approving the
redesignation request.
II. 1993 Violation of the NAAQS for Ozone in the Richmond Area
After review of the 1993 ambient air quality data monitored during
the 1993 ozone season, EPA has determined that the Charles City County
monitor, located in the Richmond nonattainment area, registered a
violation of the ozone NAAQS. The ambient data has been quality assured
in accordance with established procedures for validating such
monitoring data. The VDEQ does not contest that the NAAQS for ozone was
violated in the Richmond area during the 1993 ozone season. Therefore,
the Richmond area does not meet the statutory criteria for
redesignation to attainment of the ozone NAAQS found in section
107(d)(3)(E)(i) of the CAA.
The maintenance plan SIP revision is not approvable because its
demonstration is based on a level of ozone precursor emissions in the
ambient air thought to represent an inventory of emissions that would
provide for attainment and maintenance. That underlying basis of the
maintenance plan's demonstration is no longer valid due to the
violation of the NAAQS that occurred during the 1993 ozone season.
III. Public Comments Received on EPA's August 17, 1993 Proposal
EPA received six comment letters on its August 17, 1993 proposal to
approve Virginia's redesignation request and maintenance plan SIP
revision. Only one letter of comment supported EPA's proposed actions.
The remaining letters of comment all opposed EPA's proposed approval to
redesignate the Richmond ozone nonattainment area and the maintenance
plan SIP revision. In general, the comments expressed concerns that the
Richmond area had violated the NAAQS and that the Commonwealth's
request did not satisfy section 107(d)(3)(E)(i) of the CAA. As EPA is
withdrawing its proposed approval of the redesignation request and
maintenance plan, the majority of the public's concerns have been
addressed.
Proposed Action
EPA is withdrawing its August 17, 1993 proposed approval (FR 58
43609) of the Commonwealth of Virginia's request to redesignate the
Richmond ozone nonattainment area to attainment and its proposed
approval of the associated maintenance plan SIP revision. For the
reasons provided in this notice, EPA is proposing to disapprove the
Commonwealth's November 12, 1992 redesignation request and maintenance
plan SIP revision.
EPA is soliciting public comments on this notice and on issues
relevant to EPA's proposed action. Comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the person
listed in the ADDRESSES section.
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.
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.
EPA's proposed disapproval of the Commonwealth's request to
redesignate under section 107(d)(3)(E) and the revision to include the
maintenance plan in the SIP does not affect any existing requirements
applicable to small entities nor does it impose any additional
requirements beyond those required of a moderate ozone nonattainment
area. The area retains its current designation status and will continue
to be subject to the same statutory requirements. To the extent that
the area must adopt regulations, based on its nonattainment status, EPA
will review the effect of those actions on small entities at the time
the Commonwealth submits those regulations. Therefore, the
Administrator certifies that the disapproval of the redesignation
request will not affect a substantial number of small entities.
These actions withdrawing the proposed approval of the Commonwealth
of Virginia's request to redesignate the Richmond ozone nonattainment
area to attainment and the maintenance plan SIP revision and proposing
to disapprove them have been classified as Table 2 actions for
signature by the Regional Administrator under the procedures published
in the Federal Register on January 19, 1989 (54 FR 2214-2225). On
January 6, 1989, the Office of Management and Budget waived Table 2 and
Table 3 SIP revisions from the requirements of section 3 of Executive
Order 12291 for a period of two years. EPA has submitted a request for
a permanent waiver for Table 2 and 3 SIP revisions. OMB has agreed to
continue the waiver until such time as it rules on EPA's request. This
request continues in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
Authority: 42 U.S.C. 7401-7671q.
Dated: January 14, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 94-2096 Filed 1-28-94; 8:45 am]
BILLING CODE 6560-50-F
