[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11337-11346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6078]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[VA068-5018a, VA066-5018a; FRL-5688-8]
Approval and Promulgation of Air Quality Implementation Plans;
Designation of Areas for Air Quality Planning Purposes; Virginia;
Redesignation to Attainment of the Hampton Roads Ozone Nonattainment
Area, Approval of the Maintenance Plan and Mobile Emissions Budget
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a redesignation request and two State
Implementation Plan (SIP) revisions submitted by the Commonwealth of
Virginia. On August 27, 1996, the Commonwealth of Virginia submitted a
request to redesignate the Hampton Roads marginal ozone nonattainment
area to attainment and a maintenance plan as a SIP revision. This
request is based upon three years of complete, quality-assured ambient
air monitoring data for the area which demonstrate that the National
Ambient Air Quality Standard (NAAQS) for ozone has been attained. On
August 29, 1996 Virginia submitted a second SIP revision establishing
the mobile emissions budget (also known as a motor vehicle emissions
budget) for the Hampton Roads ozone nonattainment area. The SIP
revisions establish a maintenance plan for Hampton Roads including
contingency measures which provide for continued attainment of the
ozone NAAQS until the year 2008; and adjust the motor vehicle emissions
budget established in the maintenance plan for Hampton Roads to support
the area's transportation plans in the horizon years 2015 and beyond.
Under the Clean Air Act (the Act), nonattainment areas may be
redesignated to attainment if sufficient data are available to warrant
the redesignation and the area meets the Act's other redesignation
requirements. The intended effect of this action is to approve the
redesignation request, the
[[Page 11338]]
maintenance plan and the motor vehicle emissions budget for Hampton
Roads. This action is being taken under sections 107 and 110 of the
Act.
DATES: This action will become effective April 28, 1997 unless notice
is received on or before April 11, 1997 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Written comments may be mailed to David L. Arnold, Chief,
Ozone/Carbon Monoxide, and Mobile Sources Section, Mailcode 3AT21, 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. Persons interested in examining these documents
should schedule an appointment with the contact person (listed below)
at least 24 hours before the visiting day. Copies of the documents
relevant to this action are also available at 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 (3AT21), USEPA--Region III, 841
Chestnut Building, Philadelphia, Pennsylvania 19107, or by telephone
at: (215) 566-2092. Questions may also be addressed via e-mail, at the
following address: Gaffney.Kristeen@epamail.epa.gov [Please note that
only written comments can be accepted for inclusion in the docket.]
SUPPLEMENTARY INFORMATION:
I. Background
Under section 107(d)(1) of the Act as amended in 1990, in
conjunction with the Governor of Virginia, EPA was required to
designate Hampton Roads as nonattainment because the area violated the
ozone standard during the years 1987-1989. The Hampton Roads marginal
ozone nonattainment area consists of the following localities: James
City County, Poquoson City, York County, Portsmouth City, Chesapeake
City, Suffolk City, Hampton City, Virginia Beach City, Newport News
City, Williamsburg City and Norfolk City.
Section 107(d)(3)(E) of the Act outlines the requirements to be met
for an area to be redesignated from nonattainment to attainment. These
requirements are: (1) The area must have attained the applicable NAAQS;
(2) the area must meet 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 due to permanent and enforceable measures; and, (5) the area must
have a fully approved maintenance plan pursuant to section 175A of the
Act.
Attainment of the ozone NAAQS is determined by the expected number
of exceedances in a calendar year. The method for determining
attainment of the ozone NAAQS is contained in 40 CFR 50.9 and appendix
H to that section. The simplest method by which expected exceedances
are calculated is by averaging actual exceedances of the 0.12 parts per
million (ppm) ozone NAAQS at each monitoring site over a three year
period. An area is in attainment of the standard if this average
results in expected exceedances for each monitoring site in the area of
1.0 or less per calendar year. When a valid daily maximum hourly
average value is not available for each required monitoring day during
the year, the missing days must be accounted for when estimating
exceedances for the year.
Ambient air quality data recorded in the Hampton Roads area,
between the years 1993-1995 shows attainment of the ozone NAAQS. The
data for these years meets EPA's completeness criteria of 75% or
greater data capture. Furthermore, the area remained free of violations
during the 1996 ozone season.
In the ``Review of Virginia's Submittals'' below, EPA will explain
how the redesignation request and maintenance plan SIP revision meet
the requirements of Section 107 (d)(3)(E) of the Act pertaining to
redesignations to attainment. In Section IV, EPA will review Virginia's
motor vehicle emissions budget SIP revision. A Technical Support
Document (TSD) has also been prepared by EPA on these rulemaking
actions, which explains EPA's review in further detail. Copies of the
TSD are available from the EPA Regional office listed in the ADDRESSES
section of this document in addition to being available for public
inspection at that office.
II. Review of Virginia's Submittals
Following is a brief description of how the Commonwealth of
Virginia's August 27, 1996 submittal fulfills the five requirements of
redesignation requests from section 107(d)(3)(E) of the Act. Because
the maintenance plan is a critical element of the redesignation
request, EPA will discuss its evaluation of the maintenance plan under
its analysis of the redesignation request.
1. Attainment of the Ozone NAAQS
The submittal contains an analysis of ozone air quality data which
is relevant to the maintenance plan and to the redesignation request
for the Hampton Roads ozone nonattainment area. Ambient ozone
monitoring data during 1993 through 1995 show attainment of the ozone
NAAQS in Hampton Roads, Virginia. See 40 CFR Section 50.9 and Appendix
H. The Commonwealth of Virginia's request for redesignation includes
documentation that the entire area has complete quality assured data
showing attainment of the standard over the most recent consecutive
three calendar year period prior to submittal of the request (1993-
1995). This request is based on ambient air ozone monitoring data
collected from three ozone monitoring stations in the area.
Furthermore, it is relevant to note that the Hampton Roads area showed
continued attainment of the ozone NAAQS during the most recent ozone
season 1996. The data clearly show an expected exceedance rate of less
than 1.0 per year since 1993. The technical support document (TSD)
explains the calculation of the air quality monitoring data in more
detail. The Hampton Roads area has met the first statutory criterion
for redesignation to attainment of the ozone NAAQS. Virginia has
committed to continue monitoring the air quality in this area in
accordance with the Act's requirements as prescribed in 40 CFR Part 58,
which is required, among other things, to meet the second statutory
criterion for redesignation to attainment.
2. Meeting Applicable Requirements of Section 110 and Part D
For purposes of redesignation, to meet the requirement that the SIP
contain all applicable requirements under the Act, EPA has reviewed the
SIP to ensure that it contains all measures that were due under the Act
prior to or at the time the Commonwealth submitted its redesignation
request. The Commonwealth of Virginia has been fully implementing the
EPA approved section 110 (a)(2) and Part D requirements of the 1977 Act
applicable to the Hampton Roads area. The Clean Air Act Amendments of
1990, however, modified section 110(a)(2) and, under Part D, revised
section 172 and added new requirements for all nonattainment areas.
Therefore, for purposes of redesignation, EPA has reviewed the SIP
[[Page 11339]]
and determined that it contains all measures that were due under the
Act as revised in 1990, discussed below.
2.A. Section 110 Requirements
Under section 107(d)(3)(E)(v) of the Act, for a redesignation
request to be approved, the Commonwealth must have met all requirements
that applied to the subject area prior to or at the same time as the
submission of a complete redesignation request. Virginia submitted a
complete redesignation request on August 27, 1996.
Requirements of the Act that come due subsequently continue to be
applicable to the area at later dates (see section 175A of the Act)
and, if redesignation of any of the areas is disapproved, the
Commonwealth remains obligated to fulfill those requirements. These
requirements are discussed in the following EPA documents: ``Procedures
for Processing Requests to Redesignate Areas to Attainment,'' John
Calcagni, Director, Air Quality Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (CAA) Deadlines,'' John Calcagni, Director, Air Quality
Management Division, October 28, 1992; and ``State Implementation Plan
(SIP) Requirements for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) on or after November 15, 1992,'' Michael H.
Shapiro, Acting Assistant Administrator, September 17, 1993.
Although section 110 of the Act was amended in 1990, the Hampton
Roads, Virginia SIP meets the requirements of section 110 (a)(2) of the
amended Act. A number of the requirements did not change in substance
and, therefore, the preamendment SIP met these requirements. As to
those requirements that were amended, many duplicate other requirements
of the Act (see 57 FR 23936 and 23939, June 23, 1992). EPA has analyzed
the SIP and determined that it is consistent with the requirements of
amended section 110(a)(2) of the Act. The SIP revision has been adopted
by the Commonwealth after reasonable notice and public hearing. The SIP
contains enforceable emission limitations adequate to produce
attainment, requires monitoring, compiling, and analyzing ambient air
quality data. It provides for adequate funding, staff, and associated
resources necessary to implement SIP requirements, has provisions for
Prevention of Significant Deterioration (PSD) and New Source Review
(NSR), and requires stationary source emissions monitoring and
reporting. There are no outstanding requirements for volatile organic
compound (VOC) reasonably available control technology requirements
(RACT) in the Hampton Roads area, as discussed further under ``Part D
Requirements'' below.
2.B. Part D Requirements
Under part D, an area's classification determines the requirements
to which it is subject. Subpart 1 of part D sets forth the basic
requirements applicable to all nonattainment areas. Subpart 2 of part D
establishes additional requirements for nonattainment areas classified
under table 1 of section 181(a). As described in the General Preamble
for the Implementation of Title 1, specific requirements of subpart 2
may override the general provisions of subpart 1 (57 FR 13501). The
Hampton Roads area is classified as marginal. Therefore, in order to be
redesignated to attainment, it must meet the requirements of subpart 1
of part D, specifically sections 172(c) and 176, as well as the
applicable requirements of subpart 2 of part D that apply to marginal
areas (subsection 182(a)).
2.B.1. Subpart 1 of part D--Section 172(c) Plan Provisions
Under section 172(b), the section 172(c) requirements are
applicable no later than three years after an area has been designated
as nonattainment under the Act. In the case of Hampton Roads, the
Commonwealth has satisfied all of the section 172(c) requirements
necessary for redesignation.
The Hampton Roads area was designated marginal nonattainment on
November 6, 1991 [56 FR 56694]. In the case of marginal ozone
nonattainment areas, the section 172(c)(1) Reasonably Available Control
Measures requirement was superseded by the section 182(a)(2) RACT
requirements, which did not require nonattainment areas newly
designated marginal after enactment of the 1990 amendments to submit
RACT corrections.1 Thus, no additional RACT submissions were
required for the Hampton roads area to be redesignated. Also, by virtue
of provisions under section 182(a), areas designated as marginal do not
have to submit an attainment demonstration.
---------------------------------------------------------------------------
\1\ Refer to the General Preamble for the Implementation of
Title 1, [57 FR 13503], and the VOC RACT Fix-Up rulemaking published
at 58 FR 49458.
---------------------------------------------------------------------------
With respect to the section 172(c)(2) Reasonable Further Progress
(RFP) requirement, because Hampton Roads has attained the ozone NAAQS,
no RFP requirements apply.
The section 172(c)(3) emissions inventory requirement has been met
by the submission and approval of the 1990 base year inventory for
Hampton Roads required under subpart 2 of part D, section 182(a)(1).
Virginia submitted its 1990 base year inventory for the Hampton Roads
area, which was approved by EPA on September 16, 1996 [61 FR 48629].
As for the section 172(c)(5) NSR requirement, EPA has determined
that areas being redesignated need not comply with the NSR requirement
prior to redesignation provided that the area demonstrates maintenance
of the standard without part D NSR in effect. See memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled ``Part D New Source Review (part D NSR) Requirements
for Areas Requesting Redesignation to Attainment.'' The rationale for
this view is described fully in that memorandum, and is based on EPA's
authority to establish de minimis exceptions to statutory requirements.
See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61 (D.C. Cir.
1979). Upon redesignation of this area to attainment, the prevention of
significant deterioration provisions (PSD) contained in part C of title
I of the Act are applicable. Virginia received full delegation of
authority of the Federal PSD program on June 3, 1981. [See 40 CFR
52.2451]
2.B.2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions
Section 176 of the Act requires states to revise their SIPs to
establish criteria and procedures to ensure that federal actions,
before they are taken, conform to the air quality planning goals in the
applicable SIP. The requirement to determine conformity applies to
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other federal
actions (``general conformity''). Section 176 further provides that the
conformity revisions to be submitted by states must be consistent with
federal conformity regulations that the Act required EPA to promulgate.
Congress provided for the state revisions to be submitted one year
after the date for promulgation of final EPA conformity regulations.
When that date passed without such promulgation, EPA's General Preamble
for the Implementation of Title I informed states that the conformity
regulations would establish submittal dates [see 57 FR 13498, 13557
(April 16, 1992)].
[[Page 11340]]
The EPA promulgated final transportation conformity regulations on
November 24, 1993 (58 FR 62188) and general conformity regulations on
November 30, 1993 (58 FR 63214). These conformity rules require that
states adopt both transportation and general conformity provisions in
their SIPs for areas designated nonattainment or subject to a
maintenance plan approved under section 175A of the Act. Pursuant to
section 51.396 of the transportation conformity rule and section 51.851
of the general conformity rule, the Commonwealth of Virginia is
required to submit a SIP revision containing transportation conformity
criteria and procedures consistent with those established in the
federal rule. Similarly, Virginia is required to submit a SIP revision
containing general conformity criteria and procedures consistent with
those established in the federal rule.
Although this redesignation request was submitted to EPA after the
due dates for the SIP revisions for transportation conformity (58 FR
62188) and general conformity (58 FR 63214) rules, EPA has interpreted
the conformity requirements as not being applicable requirements for
purposes of evaluating the redesignation request under section 107(d)
of the Act. The rationale for this is based on a combination of two
factors.
First, the requirement to submit SIP revisions to comply with the
conformity provisions of the Act continues to apply to areas even after
redesignation to attainment. Therefore, the Commonwealth remains
obligated to adopt the transportation and general conformity rules even
after redesignation. While redesignation of an area to attainment
enables the area to avoid further compliance with most requirements of
section 110 and part D of the Act, since those requirements are linked
to the nonattainment status of an area, the conformity requirements
apply to both nonattainment and maintenance areas. Second, EPA's
federal conformity rules require the performance of conformity analyses
in the absence of state-adopted rules. Therefore, a delay in adopting
state rules does not relieve an area from the obligation to implement
conformity requirements.
Because areas are subject to the conformity requirements regardless
of whether they are redesignated to attainment and must implement
conformity under federal rules if state rules are not yet adopted,
these requirements are not applicable requirements for purposes of
evaluating a redesignation request.
Therefore, EPA has modified its national policy regarding the
interpretation of the provisions of section 107(d)(3)(E) of the Act
concerning the applicable requirements for purposes of reviewing an
ozone redesignation request. Under this new policy, for the reasons
just discussed, EPA believes that the ozone redesignation request for
Hampton Roads may be approved notwithstanding the lack of approved
Commonwealth transportation and general conformity rules.
2.B.3. Subpart 2 of part D--Section 182 Provisions for Ozone
Nonattainment Areas
The Hampton Roads nonattainment area is classified as marginal and
is subject to the requirements of section 182(a) of the Act. The
Commonwealth was required to meet the emission inventory requirement of
section 182(a)(1) and the emissions statement program requirement of
section 182(a)(3)(b).
Section 182(a)(1) required an emissions inventory as specified by
section 172(c)(3) of actual emissions of carbon monoxide (CO), volatile
organic compounds (VOC) and nitrogen oxides (NOX) from all sources
by November 15, 1992. Virginia submitted its 1990 base year inventory
for the Hampton Roads area which was approved by EPA on September 16,
1996 [61 FR 48629].
Section 182(a)(3)(B) required a SIP revision by November 15, 1992
to require stationary sources of VOC and NOX emissions to report
the actual emissions of these pollutants annually. On November 4, 1992,
Virginia submitted rule revisions implementing the emission statement
requirement. EPA approved Virginia's Emission Statement program as a
SIP revision on May 2, 1995, codified at 40 CFR 52.2420(c)(103).
As discussed above, RACT corrections are not required under section
182(a)(2) for areas such as Hampton Roads that were not designated
nonattainment until after the 1990 CAA Amendments. Additionally,
section 182(a)(2) does not require the submission of an inspection and
maintenance SIP revision for Hampton Roads. Likewise, as discussed
above under the part 172 requirements, the Commonwealth need not comply
with the requirements of section 182(a) concerning revisions to the
part D NSR program in order to be redesignated.
Section 182(3) requires submission of periodic inventories every
three years from 1990 until the area is redesignated attainment. The
maintenance plan for Hampton Roads contains a full emission inventory
for the attainment year 1993, as discussed below in section 5.A.
Because the attainment year is the same as the year the first periodic
inventory came due, the maintenance plan satisfies this requirement.
3. Fully Approved SIP Under Section 110(k) of the Act
EPA has determined that the Commonwealth of Virginia has a fully
approved SIP under section 110(k), which also meets the applicable
requirements of section 110 and Part D as discussed above. Therefore,
the redesignation requirement of section 107(d)(3)(E) (ii) has been
met.
4. Improvement in Air Quality Due to Permanent and Enforceable Measures
The Commonwealth must be able to reasonably attribute air quality
improvements in the area to emission reductions which are permanent and
enforceable. Attainment resulting from temporary reductions in emission
rates or unusually favorable meteorological conditions does not qualify
for redesignation.
Under the 1977 Act, EPA approved the Commonwealth of Virginia SIP
control strategy for the Hampton Roads, Virginia area. EPA determined
the emission reductions were achieved as a result of those enforceable
rules.
Several other enforceable control measures have come into place
since the Hampton Roads, Virginia area violated the ozone NAAQS.
Significant reductions in ozone precursor emissions are attributed to
federal mobile source emission control programs. Specifically,
reductions occurred due to the Federal Motor Vehicle Control Program
(FMVCP) due to the mandatory lowering of fuel volatility and automobile
fleet turnover. Effective in 1993, the Reid Vapor Pressure (RVP) of
gasoline decreased from 9.9 pounds per square inch (psi) to 7.8 psi in
the Hampton Roads area. Beginning in 1995, federal reformulated
gasoline (RFG) was implemented in Hampton Roads as a replacement to low
RVP gasoline. The benefits of RFG will be discussed later in this
document under the maintenance plan control strategies.
Virginia developed a design year emissions inventory representing
the ``worst case'' emissions scenario that contributes to ozone
violations as a starting point for the redesignation request. The
design year chosen by Virginia for Hampton Roads is 1988, a year that
was particularly conducive to ozone violations in eastern U.S.
nonattainment areas. The maintenance plan contains a comprehensive
emissions inventory of ozone precursors, VOCs, NOX and CO, for the
[[Page 11341]]
year 1988 to establish the amount of emission reductions achieved to
reach attainment with the ozone NAAQS in the 1993 attainment year.
The amount of reductions achieved from FMVCP and RVP programs
between 1988 and 1993 was determined using EPA's mobile emission
inventory model MOBILE 5.0a and relevant vehicle miles traveled (VMT)
data. As a result of these permanent and enforceable reductions, VOC
emissions were reduced by 49.115 tons/day (1988-1993); emissions of
NOX increased by 8.481 tons/day in Hampton Roads. The Commonwealth
of Virginia's maintenance plan requires the continuation of the federal
RVP program. The Commonwealth demonstrated that point source VOC
emissions were not artificially low due to local economic downturn
during the period in which Hampton Roads air quality came into
attainment. Reductions due to decreases in production levels or from
other unenforceable scenarios such as voluntary reductions were not
included in the determination of the emission reductions.
EPA finds that the combination of measures contained in the SIP and
federal measures have resulted in permanent and enforceable reductions
in ozone precursors that have allowed Hampton Roads to attain the
NAAQS, and therefore, that the redesignation criterion of section
107(d)(3)(E)(iii) has been met.
5. Fully approved Maintenance Plan Under Section 175A
Section 175A of the Act sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the Commonwealth
must submit a revised maintenance plan which demonstrates attainment
for the ten years following the initial ten-year period. To provide for
the possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems. EPA
is approving the Virginia maintenance plan for the Hampton Roads,
Virginia area because EPA finds that Virginia's submittal meets the
requirements of section 175A of the Act as discussed below.
5.A. Emissions Inventories
The Commonwealth developed an attainment emissions inventory to
identify the level of emissions sufficient to achieve the ozone NAAQS.
The maintenance plan submitted on August 27, 1996 contains
comprehensive inventories for the years 1993, 2000 and 2008 prepared
according to EPA guidance for ozone precursors, VOCs, NOx, and CO
emissions to demonstrate attainment and maintenance for Hampton Roads.
The inventories include area, stationary, non-road mobile and mobile
sources. The 1993 inventory is considered representative of attainment
conditions because the NAAQS was not violated during 1993 and was one
of the three years upon which the attainment demonstration was based.
The plan includes a demonstration that emissions will remain below the
1993 attainment year levels for a 10 year period (2008) and provides an
interim year inventory as required by EPA guidance for the year 2000.
The Commonwealth has demonstrated that emissions for ozone precursors
through the year 2008 will remain below the 1993 attainment year levels
because of permanent and enforceable measures, while allowing for
growth in population and vehicle miles traveled (VMT).
The Commonwealth's submittal contains detailed inventory data and
summaries by county and source category. Growth Projections for point,
non-road and area sources were derived using EPA's Economic Growth
Analysis System (E-GAS) and the Bureau of Economic Analysis Factors.
These factors were applied to the 1993 inventory to reflect the
expected emission levels through 2008. VMT growth was provided by the
Virginia Department of Transportation. These projected year inventories
were prepared in accordance with EPA guidance. EPA's TSD includes a
more detailed analysis of the projected year inventories for the
nonattainment area. The following table summarizes the average peak
ozone season weekday VOC, NOx, and CO emissions for the major
anthropogenic (non-biogenic) source categories for the 1993 attainment
year inventory and projected 2000 and 2008 inventories.
------------------------------------------------------------------------
Emissions (tons per year) 1993 2000 2008
------------------------------------------------------------------------
VOCs:
Point sources................ 25.044 27.395 30.040
Area sources 2............... 129.702 128.491 136.641
Mobile sources 3............. 73.244 50.853 51.862
Subtotal..................... 227.990 206.739 218.543
NOx:
Point sources................ 85.209 86.634 81.072
Area sources................. 66.887 72.184 78.088
Mobile sources............... 77.983 70.064 70.061
Subtotal..................... 230.079 228.882 229.221
CO:
Point sources................ 13.324 14.673 14.699
Area sources................. 300.167 320.364 340.541
Mobile sources............... 590.918 370.022 366.121
Subtotal..................... 904.409 705.059 721.361
--------------------------------------
TOTALS..................... 1362.478 1140.680 1169.125
------------------------------------------------------------------------
2 Area source category includes non-road mobile emissions and emissions
from motor vehicle refueling.
3 Mobile source estimates include emissions safety margins. A safety
margin exists when the total emissions (stationary, mobile, area)
projected for the attainment year (or years of a maintenance plan) are
less than the emissions level necessary to demonstrate attainment or
maintenance. That difference in emissions constitutes a safety margin.
In this case, Virginia allocated such safety margins to the on-road
portion of the mobile emissions budget to satisfy conformity
requirements.
[[Page 11342]]
5.B. Demonstration of Maintenance
As shown in the previous table, decreases in VOC emissions are
projected in the Hampton Roads nonattainment area throughout the
maintenance period. While NOx emissions are projected to increase
slightly, the decrease in VOC emissions is sufficient to offset the
NOx increase.
Virginia attributes the projected reductions of VOC emissions to
the following national control measures: Federal Motor Vehicle Control
Program (Tier 1); Reformulated Gasoline (on-road and non-road), and
pending EPA rules regulating emissions from Consumer/Commercial
Solvents reformulations; Architectural/Industrial Maintenance Coatings
reformulation; and Automobile Refinishing. Additionally, the
Commonwealth implemented source specific seasonal NOx emission
limits (emission caps) on two point sources of NOx in the
nonattainment area. Each control program and the anticipated emissions
benefit is discussed briefly below. EPA believes these measures will
contribute significant emissions reductions that will help keep the
Hampton Roads area in attainment of the ozone NAAQS. Refer to the TSD
for further detail.
1. Federal Motor Vehicle Control Program (Tier 1): EPA is required
under the Clean Air Act to issue new and cleaner motor vehicle emission
standards to be phased in beginning with the model year 1994, as well
as a uniform level of evaporation emission controls. EPA promulgated a
national rule establishing ``new car'' standards for 1994 and newer
model year light-duty vehicles and light-duty trucks on June 5, 1991
(56 FR 25724). In the Hampton Roads maintenance plan, Virginia projects
an anticipated reduction from Tier 1 of VOCs of 18.187 tons/day in the
year 2000 and 30.835 tons/day by the year 2008; and of NOx of
15.924 tons/day in 2000 and 24.778 tons/day in 2008. These benefits
were calculated using the Mobile 5.0a model. EPA has reviewed
Virginia's calculation of the benefits for this measure and finds the
amount of reduction Virginia claims acceptable.
2. Reformulated Gasoline (on-road and non-road): Section 211(k) of
the Clean Air Act requires that, beginning January 1, 1995, only
reformulated gasoline be sold or dispensed in ozone nonattainment areas
classified as severe or above. Gasoline is reformulated to reduce
combustion by-products and to produce fewer evaporative emissions.
Section 211(k)(6) allows other nonattainment areas to ``opt in'' to the
program. Virginia submitted a request to opt-in to the Reform Gas
program in the Hampton Roads nonattainment area beginning in 1995,
which EPA approved on December 23, 1991. The Commonwealth claims the
following projected reductions in tons/day from this program:
------------------------------------------------------------------------
2000 2008
(TPD) (TPD)
------------------------------------------------------------------------
On-road sources................................... 14.8 14.5
Non-road sources.................................. 1.15 1.2
Area sources...................................... 1.8 1.95
------------------------------------------------------------------------
EPA's Mobile 5.0a model was used to determine the emission benefit.
EPA has reviewed Virginia's calculation of the benefits for this
control program and finds the amount of reduction Virginia claims is
acceptable.
3. Architectural and Industrial Maintenance Coatings (AIM):
Emission reductions have been projected from AIM coatings due to the
expected promulgation by the EPA of a national rule. VOC emissions
emanate from the evaporation of solvents used in the coating process.
In a memo dated March 7, 1996, EPA allowed states to claim a 20%
reduction of total AIM emissions from the national rule. As a result of
legal challenges to the proposed national rule for AIM, EPA has
negotiated a compliance date of no earlier than January 1, 1998. In the
maintenance plan for Hampton Roads, Virginia projects a 20% reduction
in VOC emissions from the 1993 attainment year inventory for this
category which translates into 2.821 tons/day by 2000 and 2.831 tons/
day by 2008. EPA has reviewed Virginia's calculation of the benefits
for this measure and finds the amount of reduction Virginia claims
acceptable.
4. Consumer and Commercial Products: Section 183(e) of the Clean
Air Act required EPA to conduct a study of VOC emissions from consumer
and commercial products and to compile a regulatory priority list. EPA
is then required to regulate those categories that account for 80% of
the consumer product emissions in ozone nonattainment areas. Group I of
EPA's regulatory schedule lists 24 categories of consumer products to
be regulated by national rule, including personal, household, and
automotive products. Per a June 22, 1996 EPA policy memo, states may
claim credit for up to a 20% reduction of total consumer product
emissions. At this time, the final rule for consumer products is
expected to be signed by the Administrator in March 1997 and require
compliance by July 1997. In the maintenance plan for Hampton Roads,
Virginia projects a 20% reduction in VOC emissions from the 1993
attainment year inventory in this category which translates into 1.664
tons/day by 2000 and 1.765 tons/day by 2008. EPA has reviewed
Virginia's calculation of the benefits for this measure and finds the
amount of reduction Virginia claims acceptable.
5. Automobile Refinishing: EPA is in the process of adopting a
national rule to control VOC emissions from solvent evaporation through
reformulation of coatings used in auto body refinishing processes.
These coatings are typically used by industry and small businesses, or
by vehicle owners. VOC emissions emanate from the evaporation of
solvents used in the coating process. In a November 24, 1994 memo, EPA
set forth policy on the creditable reductions to be assumed from the
national rule for auto body refinishing. That memo stipulated a 37%
reduction from current emissions. In the maintenance plan for Hampton
Roads, Virginia projects a 37% reduction in VOC emissions from the 1993
attainment year inventory in this category which translates into 1.803
tons/day by 2000 and 1.809 tons/day by 2008. EPA has reviewed
Virginia's calculation of the benefits for this measure and finds the
amount of reduction Virginia claims acceptable.
6. Source Specific NOX Emission Limits: The Commonwealth
established seasonal NOX emission limits for selected major point
sources in the Hampton Roads area. The limits have been established
through SIP approved federally enforceable state operating permits. The
emission limits are only effective during the peak ozone season months,
June-August. In the maintenance plan, the permitted emission limits
will result in 5.845 tons/day (2000) and 26.148 tons/day (2008)
reduction in NOX emissions from the previously permitted emission
levels in the 1993 attainment year inventory. EPA has reviewed
Virginia's calculation of the benefits for this measure and finds the
amount of reduction Virginia claims acceptable.
As discussed earlier, Hampton Roads has continued to monitor
attainment of the ozone NAAQS through 1996. EPA believes that these
emissions projections and the associated control measures demonstrate
that the nonattainment area will continue to maintain the ozone NAAQS
until the year 2008.
5.C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in Hampton Roads depends,
in part, on the Commonwealth of Virginia's efforts toward tracking
indicators of continued attainment
[[Page 11343]]
during the maintenance period. The Commonwealth of Virginia will track
the status and effectiveness of the maintenance plan by updating the
emissions inventory annually and through periodic evaluations. Virginia
has committed to develop and submit to EPA comprehensive tracking
inventories every three years during the maintenance period.
The Commonwealth of Virginia will acquire source emissions data
through the annual emission statements program. The Commonwealth of
Virginia will continue to monitor ambient ozone levels by operating its
ambient ozone air quality monitoring network in accordance with 40 CFR
part 58. The Commonwealth will continue to follow appropriate quality
assurance and quality control procedures and enter the data into AIRS.
5.D. Contingency Plan
The level of VOC and NOX emissions in Hampton Roads will
largely determine its ability to stay in compliance with the ozone
NAAQS. Despite the Commonwealth of Virginia's best efforts to
demonstrate continued compliance with the NAAQS, Hampton Roads may
exceed or violate the NAAQS. Therefore, Virginia has provided the
following triggering events and contingency measures with a schedule
for implementation in the event of future ozone air quality problems.
1. In the event that VOC or NOX emissions exceed the projected
emissions inventories, RACT regulations will be implemented for either
VOC or NOX sources that have emissions of 100 tons per year or
more, depending on the pollutant of concern.
2. In the event that a violation of the ozone NAAQS occurs at any
individual monitor, either VOC RACT or NOX RACT regulations will
be implemented for all sources with emissions of over 100 tons per year
or more.
These contingency measures will be implemented on the following
schedule:
A. Notification received from EPA that a contingency measure must
be implemented, or three months after a recorded violation;
B. Applicable regulation to be adopted 12 months after date
established in A above;
C. Regulation implemented within 6 months of adoption;
D. Compliance with regulation achieved within 12 months of
adoption.
5.E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the Act, the Commonwealth of
Virginia has agreed to submit a revised maintenance SIP eight years
after the area is redesignated to attainment. Such revised SIP will
provide for maintenance for an additional ten years.
EPA has determined that the maintenance plan adopted by the
Commonwealth of Virginia and submitted to EPA on August 27, 1996 meets
the requirements of section 175A of the Act. Therefore, EPA is
approving the maintenance plan.
III. Interim Implementation Policy (IIP) Impact
On December 13, 1996, EPA published proposed revisions to the ozone
and particulate matter NAAQS. Also on December 13, 1996, EPA published
its proposed policy regarding the interim implementation requirements
for ozone and particulate matter during the time period following any
promulgation of a revised ozone or particulate matter NAAQS (61 FR
65751). This IIP includes proposed policy regarding ozone redesignation
actions submitted to and approved by EPA prior to promulgation of a new
ozone standard, as well as those submitted prior to and approved by EPA
after the promulgation date of a new or revised ozone standard.
Complete redesignation requests, submitted and approved by EPA
prior to the promulgation date of the new or revised ozone standard,
will be allowed to redesignate to attainment based on the maintenance
plan's ability to demonstrate attainment of the current 1-hour standard
and compliance with existing redesignation criteria. Any redesignation
requests submitted prior to promulgation, which are not acted upon by
EPA prior to that promulgation date, must then also include a
maintenance plan which demonstrates attainment of both the current 1-
hour standard and the new or revised ozone standard to be considered
for redesignation.
As discussed previously, the Hampton Roads redesignation request
demonstrates attainment under the current 1-hour ozone standard.
Since the EPA plans to approve this request prior to the
promulgation date of the new or revised ozone standard, the Hampton
Roads redesignation request meets the proposed IIP.
IV. Motor Vehicle Emissions Budget
To achieve expeditious attainment of the NAAQS, the Clean Air Act
provisions at section 176 require that any project, program or plan in
any way approved, accepted or funded by the federal government conform
to the applicable SIP. As discussed earlier in this rulemaking in
2.B.2. Conformity Provisions, conformity determinations are required in
both maintenance and nonattainment areas. Transportation projects,
Transportation Improvement Programs (TIPs) and Long Range
Transportation Plans must demonstrate conformity.
In 40 CFR 51.392 EPA defines a motor vehicle emissions budget as
that portion of the total allowable emissions of any criteria pollutant
or its precursors, which is defined in a revision to the SIP required
to meet reasonable further progress, attainment or maintenance
demonstrations, and which is allocated to highway and transit vehicles.
The applicable implementation plan for an ozone nonattainment area
designates a motor vehicle emissions budget for volatile organic
compounds and may also allocate a similar budget for oxides of nitrogen
(NOX) in the case of the Post 1996 Reasonable Further Progress
Plans required in ozone nonattainment areas classified as serious or
above. The applicable SIP for an ozone nonattainment area may also
include a NOX budget if NOX reductions are being substituted
for reductions of VOCs in milestone years required for reasonable
further progress. The applicable SIP must demonstrate that this
NOX budget will be achieved with measures contained therein.
40 CFR 51.404 requires that long range transportation plans
specifically describe the transportation system envisioned for certain
future years, which are called horizon years. For maintenance areas,
the regional analysis of emissions from this transportation system in
each horizon year must be less than or equal to the motor vehicle
emissions budget established by the maintenance plan. EPA's
transportation conformity regulations require long range transportation
plans to demonstrate conformity for a period of time (20 years) that
goes well beyond the actual control strategy period on which the budget
is based. The maintenance plan requires adopted rules to cover only a
ten year maintenance period (Virginia's maintenance period for Hampton
Roads lasts until 2008).
Virginia is required by the Clean Air Act to perform a regional
emissions analysis on their long range transportation plans and compare
the ozone precursor emissions from this analysis to the VOC and
NOX motor vehicle emissions budgets, in ten year increments for
the 20 year timeframe of the long range transportation plan. The
Commonwealth chose to create a VOC and NOX motor vehicle emissions
budget for the Hampton Roads area for
[[Page 11344]]
the years after the 10-year timeframe of the maintenance plan in order
to facilitate transportation conformity determinations. To accommodate
the projected mobile emissions growth in the Hampton Roads area in the
horizon years of the transportation planning cycle (2015 and beyond),
additional emission reductions from enforceable control measures are
necessary for positive conformity determination purposes. To be
creditable, such reductions must be included in the SIP for the area.
Virginia's August 29, 1996 SIP revision modifies the motor vehicle
emissions budgets in the Hampton Roads maintenance plan in support of
the area's transportation plans for the period beginning in 2015.
Although mobile source emissions of NOX and VOC are predicted to
rise in the year 2015 as VMT increases, Virginia anticipates that
emission reductions will occur during this time period from pending
national emission control programs on non-road sources to offset this
growth, specifically new engine standards for marine engines,
locomotive engines and heavy duty diesel engines. The Act requires that
EPA promulgate new emission standards for marine engines, locomotive
engines and heavy duty diesel engines. For the purposes of conformity,
the motor vehicle emissions budgets in the maintenance plan are
increased to 53.730 tons per day of VOC and 80.617 tons per day of
NOX, with an effective date of January 1, 2015. The emissions
reductions from the national control programs create a safety margin.
For Hampton Roads the safety margin for VOC is 1.868 tons/day and for
NOX 10.610 tons/day. All these reductions from the non-road source
category are allocated to the motor vehicle emissions budget for the
purposes of conformity determinations. Virginia used applicable EPA
guidance 4 in calculating the anticipated emission benefits from
the national control programs.
---------------------------------------------------------------------------
\4\ EPA's guidance includes two policy memos ``Future Nonroad
Emission Reduction Credits for Locomotives'' dated January 3, 1995
and ``Future Nonroad Emission Reduction Credits for Court Order
Nonroad Standards'' dated November 28, 1996.
---------------------------------------------------------------------------
In general, approved budgets in the SIP are not superseded until
the replacement budgets in the next SIP are actually SIP approved.
However, because budgets after 2008 are not required by the Act for
this maintenance plan and are being established for conformity purposes
only to bridge the gap between the end of the first maintenance plan
and the horizon years, these budgets will cease to apply once the
second ten-year maintenance plan is submitted to EPA. The new submitted
budget prepared by the Commonwealth for the second 10-year maintenance
plan will replace the budget being approved today, as soon as it is
submitted to EPA because these budgets will be a more appropriate basis
of conformity. If the national emission control programs relied on in
this SIP revision are not implemented according to the current schedule
or do not produce the emission benefits anticipated, the Commonwealth
commits to revising the SIP to include other measures as necessary to
compensate any shortfall. Furthermore, the long range motor vehicle
emission budget approved today will have to be incorporated into the
second ten-year maintenance plan demonstrating continued attainment of
the ozone NAAQS developed for the Hampton Roads area. To satisfy
conformity requirements in outlying years, EPA is approving the motor
vehicle emissions budget for the Hampton Roads area submitted on August
29, 1996 into the Virginia SIP.
V. Final Action
The EPA has evaluated the Commonwealth's redesignation request for
Hampton Roads for consistency with the Act, EPA regulations, and EPA
policy. The EPA believes that the redesignation request and monitoring
data demonstrate that this area has attained the ozone standard. In
addition, EPA has determined that the redesignation request meets the
requirements of section 107(d)(3)(E) and policy set forth in the
General Preamble and policy memorandum discussed in this document for
area redesignations, and today is approving Virginia's redesignation
request for Hampton Roads submitted on August 27, 1996. Furthermore,
EPA is approving into the Virginia SIP the required maintance plan
because it meets the requirements of section 175A and the motor vehicle
emissions budget for the Hampton Roads area.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 28, 1997 unless by April 11, 1997, adverse comments are
received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on April 28, 1997.
The Hampton Roads nonattainment area is subject to the Act's
requirements for marginal ozone nonattainment areas until and unless it
is redesignated to attainment.
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.
VI. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. 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 CAA 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. The
Administrator certifies that the approval of the redesignation request
[[Page 11345]]
will not affect 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 proposed/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 Hampton Roads redesignation
request, maintenance plan and mobile emissions budget must be filed in
the United States Court of Appeals for the appropriate circuit by May
12, 1997. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirement.
Dated: February 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)(117) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(117) The ten year ozone maintenance plan for Hampton Roads,
Virginia ozone nonattainment area submitted by the Virginia Department
of Environmental Quality on August 27, 1996:
(i) Incorporation by reference.
(A) Letter of August 27, 1996 from the Virginia Department of
Environmental Quality transmitting the 10 year ozone maintenance plan
for the Hampton Roads marginal ozone nonattainment area.
(B) The ten year ozone maintenance plan including emission
projections, control measures to maintain attainment and contingency
measures for Hampton Roads ozone nonattainment area adopted on August
27, 1996.
(ii) Additional Material.
(A) Remainder of August 27, 1996 Commonwealth submittal pertaining
to the redesignation request and maintenance plan referenced in
paragraph (c)(117)(i) of this section.
3. Section 52.2424 is added to read as follows:
Sec. 52.2424 Motor Vehicle Emissions Budgets.
Motor vehicle emissions budget for the Hampton Roads maintenance
area adjusting the mobile emissions budget contained in the maintenance
plan for the horizon years 2015 and beyond adopted on August 29, 1996
and submitted by the Virginia Department of Environmental Quality on
August 29, 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 ``Norfolk-Virginia Beach-Newport News (Hampton
Roads) Area'' to read as follows:
Sec. 81.347 Virginia.
* * * * *
[[Page 11346]]
Virginia--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated Area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Norfolk-Virginia Beach-Newport News [insert date 45 days Unclassifiable/ ........... ...........
(Hampton Roads) Area after publication Attainment.
date].
Chesapeake
Hampton
James City County
Newport News
Norfolk
Poquoson
Portsmouth
Suffolk
Virginia Beach
Williamsburg
York County
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 97-6078 Filed 3-11-97; 8:45 am]
BILLING CODE 6560-50-P
