[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10522]
[[Page Unknown]]
[Federal Register: May 3, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA17-1-6339 and VA18-1-6340; FRL-4879-4]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia-Disapproval of the Request to Redesignate the
Richmond Ozone Nonattainment Area to Attainment and the Associated
Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is disapproving the request to redesignate the Richmond
ozone nonattainment area from moderate nonattainment to attainment and
is also disapproving the associated maintenance plan as a State
Implementation Plan (SIP) revision. The intended effect of this action
is to retain the current designation for ozone nonattainment in the
Richmond area. This action is being taken under sections 107 and 110 of
the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule will become effective on June 2, 1994.
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; Virginia Department of Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford at (215) 597-1325.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 1992, the Commonwealth of Virginia's Department of
Environmental Quality (VDEQ) submitted a request to EPA to redesignate
the Richmond moderate ozone nonattainment area from nonattainment to
attainment, and to approve a maintenance plan for the Richmond area as
a State Implementation Plan (SIP) revision.
On August 17, 1993, (59 FR 43609), EPA published a notice of
proposed rulemaking (NPR) proposing approval of the Commonwealth's
request to redesignate the Richmond moderate ozone nonattainment area
to attainment and its associated maintenance plan SIP revision. EPA's
rationale for its proposed approval was stated in that NPR and will not
be restated here. However, on January 31, 1994, (59 FR 4263) EPA
published a NPR withdrawing its August 17, 1993 proposed approval and
proposing to disapprove the request to redesignate the Richmond ozone
nonattainment area from moderate nonattainment to attainment and
proposed to disapprove the maintenance plan as a SIP revision. EPA
converted its proposed approval action to a proposed disapproval
because review of the 1993 ambient air quality data monitored during
the 1993 ozone season indicated that the Charles City County monitor,
located in the Richmond nonattainment area, had registered a violation
of the ozone national ambient air quality standards (NAAQS). The
ambient data was quality assured in accordance with established
procedures for validating such monitoring data. The VDEQ did not
contest the registered data. Therefore, the Richmond area does not meet
the statutory criteria for redesignation to attainment found in section
107(d)(3)(E) of the CAA. The maintenance plan SIP revision is not
approvable because its demonstration of attainment and maintenance of
the ozone NAAQS is based on a level of ambient ozone precursor
emissions which was thought to represent an inventory of emissions that
would provide for attainment and maintenance of the NAAQS, but which
does not as evidenced by the ozone violations recorded during the 1993
ozone season.
II. Comments Received on EPA's January 31, 1994 Proposal
Letters of Public Comment: EPA received four comment letters
concerning the January 31, 1994 action 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. One comment letter supported
EPA's proposal to disapprove both the request to redesignate the
Richmond ozone nonattainment area and to disapprove the maintenance
plan SIP revision. Three comment letters opposed EPA's proposed
disapproval of the request to redesignate the Richmond area. The
commenters opposing EPA's proposed disapproval stated that that even
though exceedances of the ozone standard had been registered at the
Charles City County monitor, the monitor is located in a rural location
downwind of a more populated urban area. The commenters stated that,
based on meteorological data, the recorded violations were caused by a
small portion of the urban portion of the Richmond nonattainment area
and are localized. The commenters stated that the rest of the Richmond
ozone nonattainment area should not be economically penalized by the
disapproval of the Richmond redesignation request.
EPA's Response: EPA's response to the latter comments is that EPA
has determined that ozone is a regional pollutant driven by several
factors including, but not restricted to, weather and climate changes
and ozone precursors so that the effect of ozone emissions are not
localized. In light of this, and the lack of evidence that the
violations in the Richmond area are due only to localized emissions,
EPA does not believe that it would be appropriate to redesignate as
attainment portions of the Richmond ozone nonattainment area. Such an
action would not be appropriate unless it were firmly established that,
contrary to the bases underlying the establishment of the boundaries of
the Richmond ozone nonattainment area following the 1990 Clean Air Act
Amendments, certain portions of the Richmond ozone nonattainment area
do not contribute to nonattainment of other portions of the Richmond
ozone nonattainment area.
Final Action
EPA is disapproving both the request to redesignate the Richmond
ozone nonattainment area to attainment and the associated maintenance
SIP revision, both submitted on November 12, 1992 by VDEQ. This
disapproval will have the effect of retaining the designations of
Virginia for ozone found in 40 CFR part 81 (56 FR 56843) dated November
6, 1991.
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.
This action disapproving the request for redesignation of the
Richmond moderate ozone nonattainment area and the associated
maintenance plan SIP revision has been classified as a Table 2 action
for signature by the Acting Regional Administrator under the procedures
published in the Federal Register on January 19, 1989 (54 FR 2214-
2225), as revised by an October 4, 1993 memorandum from Michael H.
Shapiro, Acting Assistant Administrator for Air and Radiation. A future
document will inform the general public of these tables. On January 6,
1989, the Office of Management and Budget (OMB) waived Table 2 and
Table 3 SIP revisions (54 FR 2222) from the requirements of section 3
of Executive Order 12291 for a period of two years. The EPA has
submitted a request for a permanent waiver for Table 2 and 3 SIP
revisions. The OMB has agreed to continue the waiver until such time as
it rules on U.S. EPA's request. This request continues in effect under
Executive Order 12866, which superseded Executive Order 12291 on
September 30, 1993.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 5, 1994. 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 disapproving the request to redesignate the
Richmond moderate ozone nonattainment area to attainment and the
associated maintenance plan SIP revision 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, Intergovernmental
cooperation, Ozone.
Dated: March 30, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52 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 52.2423 is amended by adding paragraph (k) to read as
follows:
Sec. 52.2423 Approval status.
* * * * *
(k) The maintenance plan SIP revision, and request to redesignate
the Richmond moderate ozone nonattainment area to attainment were
submitted on November 12, 1992, by the Department of Environmental
Quality. These requests are disapproved because review of the 1993
ambient air quality data monitored during the 1993 ozone season
indicated that a violation of the ozone NAAQS occurred at the Charles
City monitor in the Richmond nonattainment area . Because of the
registered violation during the 1993 ozone season, the underlying basis
of the Commonwealth's November 12, 1992 maintenance plan's
demonstration is no longer valid.
[FR Doc. 94-10522 Filed 5-2-94; 8:45 am]
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