[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Proposed Rules]
[Pages 32258-32265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15569]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA062-5021 and VA080-5021; FRL- 5841-6]
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: Proposed rule.
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SUMMARY: EPA is proposing to approve a 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
proposed 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 at least three years of
complete, quality-assured ambient air monitoring data which demonstrate
that the National Ambient Air Quality Standard (NAAQS) for ozone has
been attained. On July 30, 1996, the Commonwealth submitted another
revision to the SIP modifying the mobile 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 proposing to
redesignate the Richmond ozone nonattainment area from nonattainment to
attainment and to approve the maintenance plan and mobile emissions
budget as revisions to the Virginia SIP. The SIP revisions establish a
maintenance plan for Richmond including contingency measures which
provide for continued attainment of the ozone NAAQS until the year 2007
and adjust the motor vehicle 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. EPA is
proposing to approve Virginia's redesignation request and maintenance
plan for the Richmond area because the relevant requirements set forth
in the the Act, as amended in 1990, have been met. This action is being
taken under section 110 of the Act.
DATES: Comments must be received on or before July 14, 1997.
ADDRESSES: Comments may be mailed to David Arnold, Chief, Ozone/CO &
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 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 (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:
[[Page 32259]]
Gaffney.Kristeen@epamail.epa.gov [Please note that only written
comments can be accepted for inclusion in the docket.]
SUPPLEMENTARY INFORMATION:
I. Background
The Richmond nonattainment area was designated under section 107 of
the 1977 Clean Air Act (1977 Act) as nonattainment with respect to the
ozone NAAQS on March 3, 1978. The 1977 Act required nonattainment areas
to develop SIPs with sufficient control measures to expeditiously
attain and maintain the standard. EPA approved the ozone SIP submitted
by the Commonwealth on January 12, 1979, as meeting the requirements of
section 110 and part D of the 1977 Act. In its SIP, Virginia projected
that the Richmond area would attain the standard by December 31, 1982,
but the area failed to attain the standard by that date. On November
15, 1990, the Clean Air Act Amendments of 1990 (Act) were enacted. The
nonattainment designation of the Richmond area continued by operation
of law according to section 107(d)(1)(C)(i) of the Act. Furthermore, it
was classified by operation of law as moderate nonattainment for ozone
pursuant to section 181(a)(1) of the Act. The Richmond nonattainment
area consists of the following counties: Richmond, Henrico,
Chesterfield, Colonial Heights, Hopewell, Hanover and portions of
Charles City County.
Under section 107 (d)(3)(E) of the Act, nonattainment areas may be
redesignated to attainment if sufficient air quality data are available
to warrant the redesignation and the area meets the Act's other
redesignation requirements for nonattainment areas.
The Commonwealth submitted a redesignation request and maintenance
plan on November 12, 1992 to redesignate the Richmond area from
nonattainment to attainment, based on ambient monitoring from 1989 to
1991 that indicated that the area was attaining the ozone standard. EPA
proposed approval of the redesignation request and maintenance plan on
August 17, 1993 (58 FR 43609) but subsequently proposed and finally
disapproved the submittal on January 31, 1994 and May 3, 1994,
respectively, based on violations of the ozone standard that occurred
during the 1993 ozone season (59 FR 4263 and 59 FR 22757).
The Richmond ozone nonattainment area has more recently attained
the ozone NAAQS, based on air quality data from 1993 to 1996. In an
effort to comply with the Act and to ensure continued attainment of the
NAAQS, Virginia submitted a 10 year ozone maintenance plan on July 26,
1996 for the Richmond area as a SIP revision.
II. Review of State Submittal
According to section 107(d)(3)(E) of the Act, five specific
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 relevant 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 Commonwealth's redesignation request for the Richmond area
included information and documentation sufficient for EPA to determine
that all five requirements of section 107, noted above, have been met.
Following is a brief description of how each of these requirements has
been fulfilled. 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. A
Technical Support Document (TSD) has been prepared by EPA for this
rulemaking action. The TSD is available for public inspection at the
EPA Regional Office listed in the ADDRESSES section of this document.
1. Attainment of the Ozone NAAQS
Virginia's request is based on an analysis of quality assured
ambient air quality monitoring data which is relevant to the
maintenance plan and to the redesignation request. The method for
determining attainment of the ozone NAAQS is contained in 40 CFR part
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 ozone NAAQS at each monitoring site over
a three year period. An area is considered in attainment of the
standard if the average annual number of expected exceedances is less
than or equal to 1.0. Ambient air quality data recorded in the Richmond
area, between the years 1993-1995 shows an expected exceedance rate of
1.0 per year and 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. The Commonwealth has committed to continue monitoring in this
area in accordance with 40 CFR part 58.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D
As previously stated, EPA fully approved the Commonwealth's SIP for
the Richmond area as meeting the requirements of section 110(a)(2) and
part D of the 1977 Act. The amended Act, 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 to ensure that it contains all
measures that were due under the Act as of July 26, 1996, the date the
Commonwealth submitted its redesignation request.
2.A. Section 110 Requirements
Although section 110 of the 1977 Act was amended in 1990, the
Virginia SIP for the Richmond area meets the requirements of section
110(a)(2) of the amended Act. A number of the requirements did not
change in substance and, therefore, EPA believes that the pre-amendment
SIP met these requirements. As to those requirements that were amended,
see 57 FR 27936 and 23939 (June 23, 1993), many are duplicative of
other requirements of the Act.
EPA has analyzed the SIP and determined that it is consistent with
the requirements of section 110(a)(2) of the Act. It contains
enforceable emissions limitations, it requires monitoring, compiling,
and analyzing ambient air quality data, it requires preconstruction
review of new major stationary sources and major modifications to
existing ones, it provides for adequate funding, staff and associated
resources necessary to implement its requirements, and requires
stationary source emissions monitoring and reporting.
2.B. Part D Requirements
Before an area may be redesignated to attainment, it also must have
fulfilled applicable requirements of part D due as of the date of the
Commonwealth's redesignation request. Under part D, an area's
classification indicates the requirements to which it will be subject.
Subpart 1 of part D sets forth the basic nonattainment requirements
applicable to all nonattainment areas, regardless of classification.
Subpart 2 of part D establishes additional requirements for
nonattainment areas classified under table 1 of section 181(a).
Specific
[[Page 32260]]
requirements of subpart 2 may override subpart 1's general provisions
(57 FR 13501, April 16, 1992). Since the Richmond area is classified
moderate, the Commonwealth must meet the applicable requirements of
subpart 1, specifically sections 172(c) and 176, and the applicable
requirements of subpart 2 of part D for moderate areas.
2.B.1. Subpart 1 of Part D--Section 172(c) Provisions
Under section 172(b), the section 172(c) requirements are
applicable as determined by the Administrator, but must be met no later
than 3 years after an area has been designated as nonattainment under
the amended Act. Furthermore, as noted above, some of these section
172(c) requirements are superseded by more specific requirements in
subpart 2 of part D. For moderate ozone nonattainment areas, the
section 172(c)(1) reasonably available control measures requirement was
superseded by section 182(a)(2) reasonably available control technology
(RACT) requirements. Section 182(a)(2) requires moderate ozone
nonattainment areas that were previously designated nonattainment to
submit RACT corrections. Because section 182(a)(2) supersedes the RACT
requirements in subpart 1 of part D, the RACT correction requirement is
discussed with other RACT requirements below in section 2.B.3.
Since the Richmond area has attained the ozone NAAQS, the
reasonable further progress (RFP) requirement, attainment demonstration
and 179(c)(9) contingency measure SIPs are no longer relevant. A May
10, 1995 memorandum from John Seitz to Regional Division Directors
entitled ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the National
Ambient Air Quality Standard'' indicates that the RFP, attainment
demonstration and 179(c)(9) contingency measure SIPs would not be
required for approval of a redesignation request for those areas which
the EPA determines have attained the ozone NAAQS. Based on this policy,
on February 25, 1997, EPA published a determination that the Richmond
area has attained the NAAQS [62 FR 8389]. In a separate rulemaking
action in today's Federal Register, EPA is taking final approval action
to waive the RFP and attainment demonstration requirements for the
Richmond area.
The section 172(c)(3) emission inventory requirement has been met
by the Commonwealth's submission and EPA's approval on September 16,
1996 [61 FR 48629], of the 1990 base year emission inventory required
by section 182(a)(1).
As for the section 172(c)(5) NSR requirement, the 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 NAAQS without part D NSR in effect. A memorandum
from Mary Nichols, Assistant Administrator for Air and Radiation, dated
October 14, 1994, entitled ``Part D New Source Review Requirements for
Areas Requesting Redesignation to Attainment'', fully describes the
rationale for this view, and is based on the Agency'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). As
discussed below, the Commonwealth has demonstrated that the Richmond
area will be able to maintain the NAAQS without part D NSR in effect
and, therefore, the Commonwealth need not have a fully-approved part D
NSR program prior to approval of the redesignation request for
Richmond. Once the area is redesignated to attainment, part C, the
prevention of significant deterioration (PSD) program, which has been
delegated to Virginia, will become effective immediately. The PSD
program was delegated to Virginia on June 3, 1981, and amended on
September 20, 1991.
Finally, for purposes of redesignation, the Virginia SIP was
reviewed to ensure that all requirements of section 110(a)(2),
containing general SIP elements, were satisfied. As noted above, the
EPA believes the SIP satisfies all of those requirements.
2.B.2. Subpart 1 of Part D--Section 176(c) Conformity Provisions
Under section 176(c) of the Act, states were required to submit
revisions to their SIPs that include criteria and procedures to ensure
that Federal actions conform to the air quality planning goals in the
applicable SIPs. 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 all other Federal actions
(``general conformity''). Congress provided for the State revisions to
be submitted one year after the date of promulgation of final EPA
conformity regulations. EPA promulgated final transportation conformity
regulations on November 24, 1993 (58 FR 62188) and final general
conformity regulations on November 30, 1993 (58 FR 63214). These
conformity rules require that the states adopt both transportation and
general conformity provisions in the SIP for areas designated
nonattainment or subject to a maintenance plan approved under section
175A of the Act. Pursuant to 40 CFR 51.396 of the transportation
conformity rule and 40 CFR 51.851 of the general conformity rule, the
Commonwealth of Virginia was required to submit a SIP revision
containing transportation conformity criteria and procedures consistent
with those established in the Federal rule by November 25, 1994.
Similarly, Virginia was required to submit a SIP revision containing
general conformity criteria and procedures consistent with those
established in the Federal rule by December 1, 1994. Virginia submitted
both the transportation conformity and general conformity SIP revisions
to EPA in January of 1997. EPA is reviewing these SIP revisions and
will take rulemaking action on them at a future date.
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 believes it is
reasonable to interpret the conformity requirements as not being
applicable requirements for purposes of evaluating the redesignation
request under section 107(d). 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 after redesignation to attainment. Therefore, the
Commonwealth remains obligated to implement transportation and general
conformity rules even after redesignation and would risk sanctions for
failure to do so. While redesignation of an area to attainment enables
the area to avoid further compliance with most requirements of section
110 and part D, 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 EPA approval of state-adopted rules. Therefore, a delay in
approving the Commonwealth's rules into the SIP 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 or
approved into the SIP, EPA believes it is
[[Page 32261]]
reasonable to view these requirements as not being applicable
requirements for purposes of evaluating a redesignation request.
For the reasons just discussed, the EPA believes that the ozone
redesignation request for the Richmond area may be approved
notwithstanding the lack of fully approved Commonwealth transportation
and general conformity rules.
2.B.3. Subpart 2 of Part D--Section 182 Provisions for Ozone
Nonattainment Areas
Richmond is a moderate ozone nonattainment area and is subject to
section 182(a), 182(b) and 182(f) requirements. Under subpart 2,
Richmond is required to have met the requirements of section 182(a)
(1), (2) and (3), section 182(b) (1), (2), (3) and (4), and section
182(f). The following discussion describes each of these requirements.
EPA approved Virginia's emission inventory requirement under
section 182(a)(1) on September 16, 1996 [61 FR 48629]. The section
182(2)(B) motor vehicle inspection and maintenance (I/M) requirement is
superseded by the section 182(b)(4) requirement discussed below. The
Commonwealth need not comply with the requirements of section 182(a)
concerning revisions to the part D NSR program in order for the
Richmond area to be redesignated for the reasons explained above under
the section 172(c)(5) requirement. Section 182(a)(3)(A) requires
submission of periodic inventories every three years from 1990 until
the area is redesignated attainment. The maintenance plan for Richmond
contains a full emissions inventory for the attainment year 1993.
Because the attainment year is the same as the year the first periodic
inventory came due, the maintenance plan satisfies this requirement.
The emission statement SIP required by section 182(a)(3)(B) was
approved on May 2, 1995 (60 FR 21451). The RFP and attainment
demonstration requirements of section 182(b)(1) will no longer be
applicable, as discussed previously, since the area has attained the
ozone NAAQS.
Section 182(a)(2) requires moderate ozone nonattainment areas that
were previously designated nonattainment to submit RACT corrections
based on requirements in effect prior to enactment of the 1990
amendments to the Act. Furthermore, sections 182(b)(2) (A),(B) and (C)
require moderate and above areas to adopt standards for all sources
covered by any Control Technique Guideline (CTG) document issued by the
Administrator after 1990 and before the area is required to attain the
standard; all sources covered by any CTG before the date of enactment
of the 1990 amendments; and all sources not subject to a CTG. In
addition, areas newly designated under the 1990 amendments as ozone
nonattainment areas are required to adopt RACT rules consistent with
those previously designated nonattainment. These RACT requirements make
nonattainment areas that previously were exempt from RACT requirements
``catch up'' to those nonattainment areas that became subject to those
requirements during an earlier period, and therefore, is known as the
RACT catch-up requirement. Virginia submitted RACT corrections as SIP
revisions on May 14, 1991 and June 20, 1991. Among the regulations
submitted in this SIP revision was a provision (Rule 4-4) that formed
the legal basis for imposing RACT on all individual major VOC sources
subject to RACT in the Richmond nonattainment area not covered by an
existing state adopted VOC control regulation. The RACT correction SIP
was approved by EPA on March 31, 1994 [59 FR 15117]. To implement Rule
4-4, the Commonwealth must submit to EPA a SIP revision for the RACT
determination and enforceable documents for all major VOC sources not
otherwise controlled under existing VOC regulations.
Because Rule 4-4 imposed RACT on all major VOC sources in the
Richmond area on an individual basis, this rule partially satisfied the
RACT catch-up requirement. On May 6, 1992, Virginia submitted a SIP
revision expanding the geographic boundaries of the VOC emissions
control area to coincide with the revised boundaries of the Richmond
ozone nonattainment area resulting from the 1990 Clean Air Act
Amendments. This SIP was approved by EPA on October 19, 1994 (59 FR
52701). To complete the RACT correction and catch up requirements under
sections 182(a)(2) and 182(b)(2)(A), (B) and(C), EPA must approve into
the SIP any source specific RACT determinations for any non-CTG major
source of VOCs identified under Rule 4-4 prior to final approval of the
redesignation request. Virginia has identified 10 sources required to
submit source specific RACT SIP revisions under rule 4-4. EPA has
received SIP revisions for each of these facilities and is currently
preparing rulemaking actions for them.
Section 182(b)(3) requires states to submit gasoline vapor recovery
rules (known as Stage II). EPA approved Virginia's Stage II program on
June 23, 1994 (59 FR 32353).
Sections 182(a)(2)(b)(i) and 182 (b)(4) of the Act require moderate
nonattainment areas to submit a SIP revision that includes any
provisions necessary to provide for a vehicle inspection and
maintenance (I/M) program of no less stringency than either the program
that was in the SIP at the time of passage of the 1990 amendments to
the Act or the minimum basic program requirements, whichever is more
stringent. Virginia has not implemented an I/M program in the Richmond
area. On January 5, 1995 EPA published a rule [60 FR 1735] allowing
areas subject to the Act's basic I/M requirements and that otherwise
would qualify for and ultimately obtain approval of redesignation
requests to defer adoption and implementation of I/M, provided they
submit a SIP that contains the following four elements:
(1) legal authority for a basic I/M program meeting all of the
requirements of Subpart S of 40 CFR part 51, such that implementing
regulations can be adopted without further legislation;
(2) a request to place the I/M plan in the contingency measures
portion of the maintenance plan upon redesignation as described in the
fourth element below;
(3) a contingency measure to go into effect as soon as a triggering
event occurs, consisting of a commitment by the Governor or the
Governor's designee to adopt regulations to implement the I/M program
in response to the specified triggering event; and
(4) a commitment that includes an enforceable schedule for adopting
and implementing the I/M program, including appropriate milestones in
the event the contingency measure is triggered (milestones will be
defined by states in terms of months since the triggering event).
Virginia has satisfied the first requirement. On October 25, 1996,
the Commonwealth submitted the legislative authority for adopting
regulations for a basic I/M program in the Richmond nonattainment area.
The maintenance plan contains provisions satisfying the other three
requirements. The maintenance plan relies on I/M as a contingency
measure, specifies triggering events and contains a schedule for
adoption and implementation in the event a trigger occurs. Refer to
section 5.D of this notice for further detail.
Section 182(f) requires states with areas classified as moderate
and above to impose the same control requirements for major stationary
sources of oxides of nitrogen (NOX) as apply to major
stationary sources of VOCs [i.e., NOX RACT]. Section 182(f)
further provides that these NOX requirements do not apply to
areas outside of the ozone transport region if
[[Page 32262]]
EPA determines that additional reductions of NOX would not
contribute to attainment in such areas, which could be satisfied
through a demonstration of clean air quality data and/or a modeling
demonstration. On December 18, 1995, the Commonwealth submitted a
NOX exemption petition to exempt the Richmond ozone
nonattainment area from the NOX RACT requirements based upon
ambient air quality monitoring data for 1993, 1994 and 1995 which met
the NAAQS for ozone without any additional reductions of
NOX. EPA proposed approval of the NOX waiver for
the Richmond area on March 12, 1996 [61 FR 11170]. 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. As long as Richmond
remains a designated nonattainment area for ozone, this NOX
RACT exemption is contingent upon future monitoring that demonstrates
continued attainment of the ozone NAAQS. Furthermore, this waiver in no
way insulates or alleviates the Commonwealth of Virginia from any
future obligations to secure additional NOX reductions
should technical evidence, including but not limited to that which may
result from the Ozone Transport and Assessment Group (OTAG) process,
indicate that such reductions are required because NOX
emissions generated in Virginia interfere with the ability of another
state or legally responsible jurisdiction to attain and maintain the
NAAQS for ozone.
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.
Several enforceable control measures have come into place since
Richmond was designated nonattainment under the 1990 amendments.
Significant reductions in ozone precursor emissions are attributed to
federal mobile source emission control programs. Specifically, VOC
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 Richmond area reducing VOC emissions from gasoline. Beginning in
1995, federal reformulated gasoline (RFG) was implemented in Richmond
as a replacement to low RVP gasoline, further reducing VOC emissions
from gasoline.
As a starting point for the redesignation request, Virginia
developed a design year emissions inventory representing the ``worst
case'' emissions scenario that contributes to ozone violations. The
design year chosen by Virginia for Richmond 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
carbon monoxide (CO), for the year 1988 to establish the amount of
emission reductions achieved to reach attainment with the ozone NAAQS
in the 1993 attainment year.
The Commonwealth demonstrated that point source VOC emissions were
not artificially low due to local economic downturn during the period
in which Richmond 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 Richmond 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 Richmond 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 contains comprehensive inventories for the years
1993, 1999 and 2007 prepared according to EPA guidance for ozone
precursors, VOCs, NOX, and CO emissions to demonstrate
attainment and maintenance for Richmond. The inventories include area,
stationary, non-road mobile and mobile sources. The year 1993 was used
for the attainment year inventory because it was the first year of the
three year period on which the redesignation request was based. The
plan includes a demonstration that emissions will remain below the 1993
attainment year levels for a 10 year period (2007) and provides an
interim year inventory, as required by EPA guidance, for the year 1999.
The Commonwealth has demonstrated that emissions for ozone
precursors through the year 2007 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 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 1999 and 2007 inventories.
[[Page 32263]]
Richmond Area Emissions Summary
------------------------------------------------------------------------
Emissions (tons per year) 1993 1999 2007
------------------------------------------------------------------------
VOCs:
Point sources................ 49.64 53.25 60.05
Area sources................. 70.34 64.48 67.97
Mobile sources 1............. 40.41 35.94 31.86
--------------------------------------
Subtotal................. 160.39 153.67 159.88
NOX:
Point sources................ 152.21 156.83 145.99
Area sources................. 29.49 31.36 33.54
Mobile sources............... 59.56 52.85 61.07
--------------------------------------
Subtotal................. 241.26 241.04 240.60
CO:
Point sources................ 27.37 28.17 29.47
Area sources................. 177.22 188.60 202.01
Mobile sources............... 309.13 220.82 246.64
--------------------------------------
Subtotal................. 513.72 437.59 478.12
======================================
Totals................... 915.37 832.30 878.60
------------------------------------------------------------------------
\1\ The mobile source VOC and NOX 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 and inflated the mobile
emissions budget to satisfy conformity requirements.
5.B. Demonstration of Maintenance
Virginia attributes the projected reductions of VOC emissions to
the following national control measures: FMVCP (Tier 1); RFG (on-road
and non-road), Stage II gasoline dispensing systems and pending EPA
rules regulating emissions from Consumer/Commercial Solvents
reformulations; Architectural/Industrial Maintenance Coatings
reformulation; and Automobile Refinishing. The Commonwealth predicts
future NOX emission reductions from FMVCP Tier 1, RFG (Phase
2) and source specific seasonal NOX emission limits
(emission caps) on two point sources of NOX in the
nonattainment area. EPA believes these measures will contribute
significant future emissions reductions that will help keep the
Richmond area below the level of the 1993 attainment year inventory and
in attainment of the ozone NAAQS. The TSD prepared for this rulemaking
contains further detail on these emission control strategies.
5.C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in Richmond depends, in
part, on the Commonwealth of Virginia's efforts toward tracking
indicators of continued attainment 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; continue to monitor ambient ozone levels in accordance with 40
CFR part 58 and 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 Richmond 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, Richmond 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
regional emissions budgets, with no more than one recorded ozone
exceedance: Virginia will prepare a complete VOC and NOX
emission inventory and implement voluntary control measures, such as an
ozone health advisory notification program.
2. In the event of two or more monitored exceedances of the ozone
NAAQS at any one monitor, voluntary controls will continue to be
implemented.
3. In the event of a monitored violation of the ozone standard,
Virginia commits to implement a basic I/M program.
4. In the event that a violation of the ozone NAAQS at any one
monitor occurs after the I/M contingency measure has been implemented:
The Commonwealth commits to implement NOX RACT on sources
emitting greater than 100 tons/year.
5. In the event of more than two violations of the ozone NAAQS at
any individual monitor following implementation of the I/M and
NOX RACT contingency measures: More restrictive requirements
on open burning will be implemented; and if appropriate, transportation
control measures will be developed and implemented.
The Basic I/M contingency measure will be implemented on the
following schedule:
1. Notification received from EPA that a contingency measure must
be implemented, or three months after a recorded violation;
2. Applicable regulation to be adopted 12 months after date
established in ``1'' above;
3. Regulation implemented within 8 months of adoption;
4. Program will complete one full cycle two years after
implementation.
The other contingency measures 1, 2, 4 and 5 will be implemented on
the following schedule:
1. Notification received from EPA that a contingency measure must
be implemented, or three months after a recorded violation;
[[Page 32264]]
2. Applicable regulation to be adopted 12 months after date
established in ``1'' above;
3. Regulation implemented within 6 months of adoption;
4. Compliance achieved within 12 months of adoption.
EPA finds that the contingency measures in the Commonwealth's
submittal meet the requirements of section 175(A)(d) of the Act and
EPA's policy concerning the use of I/M as a contingency measure as
outlined in the January 5, 1995 rulemaking [60 FR 1735].
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 for the Richmond nonattainment area and
submitted to EPA on July 26, 1996 meets the requirements of section
175A of the Act. Therefore, EPA is proposing approval of 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 a 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.
According to the proposed IIP policy, 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.
As discussed previously, the Richmond redesignation request
demonstrates attainment under the current 1-hour ozone standard. Since
the EPA is proposing to approve this request prior to the promulgation
date of the new or revised ozone standard, the Richmond redesignation
request is compatible with 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 VOCs and may also
allocate a similar budget for 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 Richmond
lasts until 2007).
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 Richmond area for 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 Richmond 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.
On July 30, 1996, Virginia submitted a SIP revision modifying the
motor vehicle emissions budgets in the Richmond 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. The mobile emissions budget relies on reductions from a ban on
open burning of such materials as trees, shrubs and brush from land
clearing, trimmings from landscaping and household or business trash in
the maintenance area during the ozone season months of June-August
beginning in the year 2000. Additionally, reductions are anticipated
from pending national emission control programs on non-road sources to
offset 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. The emissions reductions from
the open burning ban and the national control programs create a safety
margin. For Richmond the safety margin for VOCs is 3.78 tons/day and
for NOX 6.64 tons/day. All these reductions from the area
and non-road source categories are allocated to the motor vehicle
emissions budget for the purposes of conformity determinations. The
motor vehicle emissions budgets in the maintenance plan are increased
to 35.64 tons/day for VOCs and 67.71 tons/day for NOX,
effective on January 1,
[[Page 32265]]
2015. Virginia used applicable EPA guidance in calculating the
anticipated emission benefits from the national control programs. 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 Ordered 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 2007 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 Richmond area. To satisfy conformity
requirements in outlying years, EPA is approving the motor vehicle
emissions budget for the Richmond area submitted on July 30, 1996 into
the Virginia SIP.
V. Proposed Action
EPA has evaluated the Commonwealth's redesignation request for
Richmond for consistency with the Act, EPA regulations, and EPA policy.
EPA has determined that the redesignation request and maintenance plan
submitted by the Commonwealth meet the requirements of section
107(d)(3)(E) and policy set forth in the General Preamble and policy
memorandum discussed in this notice for area redesignations, and today
is proposing approval of Virginia's redesignation request for Richmond
submitted on July 26, 1996. Furthermore, EPA is proposing approval of
the required maintenance plan into the Virginia SIP because it meets
the requirements of section 175A. EPA is also proposing to approve the
motor vehicle emissions budget for the Richmond area into the SIP. The
Richmond nonattainment area is subject to the Act's requirements for
moderate ozone nonattainment areas until and unless it is redesignated
to attainment. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the EPA Regional
office listed in the Addresses section of this document.
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 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. The
Administrator certifies that the approval of the redesignation request
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 40 CFR 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 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
The Regional Administrator's decision to approve or disapprove
Virginia's redesignation request for Richmond, the associated
maintenance plan and the Richmond area mobile emissions budget will be
based on whether it meets the requirements of section 110(a)(2) (A)-(K)
and part D of the Clean Air Act, as amended, and EPA regulations in 40
CFR Part 51.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone.
Authority: 42 U.S.C. 7401-7671q.
Dated: June 5, 1997.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 97-15569 Filed 6-12-97; 8:45 am]
BILLING CODE 6560-50-P
