[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]


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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.

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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.K<a href="/cdn-cgi/l/email-protection#f6849f8582939398b69386979b979f9ad8938697d8919980"><span class="__cf_email__" data-cfemail="9ceef5efe8f9f9f2dcf9ecfdf1fdf5f0b2f9ecfdb2fbf3ea">[email protected]</span></a> [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.<SUP>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.
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    \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.
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    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 (NO<INF>X) 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 NO<INF>X 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, NO<INF>X 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 
NO<INF>X 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, NO<INF>x, 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, NO<INF>x, 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 <SUP>2...............      129.702      128.491      136.641
    Mobile sources <SUP>3.............       73.244       50.853       51.862
    Subtotal.....................      227.990      206.739      218.543
NO<INF>x:                                                                    
    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 
------------------------------------------------------------------------
<SUP>2 Area source category includes non-road mobile emissions and emissions 
  from motor vehicle refueling.                                         
<SUP>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 NO<INF>x emissions are projected to increase 
slightly, the decrease in VOC emissions is sufficient to offset the 
NO<INF>x 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 NO<INF>x emission 
limits (emission caps) on two point sources of NO<INF>x 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 NO<INF>x 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 NO<INF>X Emission Limits: The Commonwealth 
established seasonal NO<INF>X 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 NO<INF>X 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 NO<INF>X 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 NO<INF>X emissions exceed the projected 
emissions inventories, RACT regulations will be implemented for either 
VOC or NO<INF>X 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 NO<INF>X 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 
(NO<INF>X) 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 NO<INF>X budget if NO<INF>X reductions are being substituted 
for reductions of VOCs in milestone years required for reasonable 
further progress. The applicable SIP must demonstrate that this 
NO<INF>X 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 
NO<INF>X 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 NO<INF>X 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 NO<INF>X 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 
NO<INF>X, 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 
NO<INF>X 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 <SUP>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


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