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

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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