[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.
* * * * *
Virginia--Ozone
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Designation Classification
Designated Area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * *
*
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.
* * * * *
[FR Doc. 95-26040 Filed 10-20-95; 8:45 am]
BILLING CODE 6560-50-P
