Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11337

State Air Pollution Control Board on

December 19, 1995 and effective April

1, 1996:

(1) Added Definitions to 9–VAC 5–

10–20 (General Definitions) (Former SIP

Section 120–01–02)—‘‘Federally

enforceable’’, ‘‘Implementation plan’’,

‘‘Potential to Emit’’, and ‘‘State

enforceable’’; and revised definitions to

9–VAC 5–10–20 for ‘‘Administrator’’

and ‘‘Volatile organic compound’’.

(2) Revisions to Article 4, Rule 4–4,

‘‘Emission Standards for General

Process Operations’’ (Former SIP

Citation—Part IV, Rule 4–4), sections 9

VAC 5–40–300A. (citation only), B., and

C. (Former SIP Sections 120–04–0407A.,

B, and C).

(3) Revisions to Article 4, Rule 4–4,

section 9–VAC 5–40–420 (Former SIP

Section 120–04–0419)—Introductory

paragraph and paragraphs 5–40–420.1

through .5 are revised, while paragraph

5–40–420.6 is added.

(4) Revisions to Article 36, Rule 4–36

‘‘Emission Standards for Flexographic,

Packaging Rotogravure, and Publication

Rotogravure Printing Lines’’ (former Part

IV, Rule 4–36), sections 9 VAC 5–40–

5060, subsections A., B. (citation only),

C., and E.1 and .2 (Former SIP sections

120–04–3601.A. through D.1 and D.2);

additions of sections 9 VAC 5–40–

5060.D and .E.3.

(5) Revisions to Article 36, Rule 4–36,

sections 9 VAC 5–40–5070.A., B.

(citations only), (Former SIP section

120–04–3602.A., B.); C. (revised

definitions for ‘‘Flexographic printing’’,

‘‘High-solids ink or surface coating’’,

‘‘Low-solvent ink or surface coating’’,

‘‘Packaging rotogravure printing’’,

‘‘Printing’’, ‘‘Publication rotogravure

printing’’, ‘‘Waterborne ink or surface

coating’’ and added definitions for

‘‘Compliant ink or surface coating’’,

‘‘Cleaning solutions’’, ‘‘Electrostatic

duplication’’, ‘‘Letterpress printing’’,

‘‘Lithographic printing’’, ‘‘Noncompliant ink or surface coating’’,

‘‘Printing Line’’, ‘‘Surface coating’’ and

‘‘Web’’; deletion of ‘‘Roll printing’’)

(Former SIP section 120–04–3602.C.).

(6) Revisions to Article 36, Rule 4–36,

Sections 9 VAC 5–40–5080.A. (Former

SIP section 120–04–3603.A.); Addition

of Section 9 VAC 5–40–5080.B.;

Deletion of SIP Sections 120–04–

3603.B., C.; Revisions to Sections 9 VAC

5–40–5130.A., B. (Former SIP sections

120–04–3609.A., B.); Addition of

Sections 9 VAC 5–40–5130.C., D., E.;

Revisions to Section 9 VAC 5–40–

5140.A. (Former SIP section 120–04–

3610.A.); Addition of Section 9 VAC 5–

40–5140.B.; Revisions to Sections 9

VAC 5–40–5190 (Former SIP Section

120–04–3615)—Introductory paragraph

and paragraphs 5–40–5190.1 through .5

are revised, while paragraph 5–40–

5190.6 is added.

(7) Revised citations of Article 36,

Rule 4–36, Sections 9 VAC 5–40–5090,

5–40–5100, 5–40–5150, 5–40–5160, 5–

40–5170 and 5–40–5180 (SIP Sections

120–04–3605, 120–04–3606, 120–04–

3611, 120–04–3612, 120–04–3613, and

120–04–3614 respectively).

(8) Addition of Article 45, ‘‘Emission

Standards for Lithographic Printing

Processes’’ (Rule 4–45), Sections 9 VAC

5–40–7800 through 9 VAC 5–40–7850

inclusive; Sections 9 VAC 5–40–7880

through 9 VAC 5–40–7940 inclusive.

(9) Revisions to Appendix S (‘‘Air

Quality Program Policies and

Procedures’’), sections I.D and II.C.

(10) Revisions to AQP–3 ‘‘Procedures

For the Measurement of Capture

Efficiency For Determining Compliance

With Volatile Organic Compound

Emission Standards Covering Surface

Coating Operations and Graphic Arts

Printing Processes (Flexographic,

Packaging Rotogravure, and Publication

Rotogravure Printing Lines)’’.

(ii) Additional material.

(A) Remainder of April 22, 1996

Commonwealth submittal pertaining to

regulations 4–4, 4–36, 4–45 and

Appendix S.

(114) Revisions to the Virginia State

Implementation Plan submitted April

26, 1996 by the Virginia Department of

Environmental Quality.

(i) Incorporation by reference.

(A) Letter of April 26, 1996 from the

Virginia Department of Environmental

Quality transmitting revisions to

Virginia’s State Implementation Plan.

(B) Revisions to the following Virginia

regulation adopted by the Virginia State

Air Pollution Control Board on

December 19, 1995 and effective April

1, 1996:

(1) Revisions to Article 40, Rule 4–40

‘‘Emission Standards for Open Burning’’

[former Part IV, Rule 4–40], Sections 9

VAC 5–40–5600.A.(all revisions) and B.

(citation only) (Former SIP Sections 12–

04–4001.A. and .B.) Addition of Section

9 VAC 5–40–5600.C.

(2) Revisions to Article 40, Rule 4–40,

Sections 9 VAC 5–40–5610.A.and B.

(citations only) (Former SIP Sections

120–04–4002.A. and B.); revised citation

for the definitions ‘‘refuse’’ and

‘‘household refuse’’ in Section 5–40–

5610.C. (Former SIP Section 120–04–

4002.C.), added definitions in Section

5–40–5610.C for ‘‘Clean burning waste’’,

‘‘Landfill’’, ‘‘Local landfill’’, ‘‘Sanitary

landfill’’ and ‘‘Special incineration

device’’.

(3) Addition of Sections 9 VAC 5–40–

5620 (Open Burning Prohibitions), 9

VAC 5–40–5630 (Permissible Open

Burning), and 9 VAC 5–40–5640

(Waivers).

(4) Revisions to Appendix D (Forest

Management and Agricultural

Practices), Sections II (introductory

sentence), II.E. and III.F.

(ii) Additional material.

(A) Remainder of April 22, 1996

Commonwealth submittal pertaining to

regulation 4–40.

[FR Doc. 97–6079 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[VA068–5018a, VA066–5018a; FRL–5688–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Designation of Areas for Air Quality

Planning Purposes; Virginia;

Redesignation to Attainment of the

Hampton Roads Ozone Nonattainment

Area, Approval of the Maintenance

Plan and Mobile Emissions Budget

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a

redesignation request and two State

Implementation Plan (SIP) revisions

submitted by the Commonwealth of

Virginia. On August 27, 1996, the

Commonwealth of Virginia submitted a

request to redesignate the Hampton

Roads marginal ozone nonattainment

area to attainment and a maintenance

plan as a SIP revision. This request is

based upon three years of complete,

quality-assured ambient air monitoring

data for the area which demonstrate that

the National Ambient Air Quality

Standard (NAAQS) for ozone has been

attained. On August 29, 1996 Virginia

submitted a second SIP revision

establishing the mobile emissions

budget (also known as a motor vehicle

emissions budget) for the Hampton

Roads ozone nonattainment area. The

SIP revisions establish a maintenance

plan for Hampton Roads including

contingency measures which provide

for continued attainment of the ozone

NAAQS until the year 2008; and adjust

the motor vehicle emissions budget

established in the maintenance plan for

Hampton Roads to support the area’s

transportation plans in the horizon

years 2015 and beyond. Under the Clean

Air Act (the Act), nonattainment areas

may be redesignated to attainment if

sufficient data are available to warrant

the redesignation and the area meets the

Act’s other redesignation requirements.

The intended effect of this action is to

approve the redesignation request, the
11338 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

maintenance plan and the motor vehicle

emissions budget for Hampton Roads.

This action is being taken under

sections 107 and 110 of the Act.

DATES: This action will become effective

April 28, 1997 unless notice is received

on or before April 11, 1997 that adverse

or critical comments will be submitted.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments may be

mailed to David L. Arnold, Chief,

Ozone/Carbon Monoxide, and Mobile

Sources Section, Mailcode 3AT21, U.S.

Environmental Protection Agency—

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107. Persons interested in examining

these documents should schedule an

appointment with the contact person

(listed below) at least 24 hours before

the visiting day. Copies of the

documents relevant to this action are

also available at the Virginia

Department of Environmental Quality,

629 East Main Street, Richmond,

Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Kristeen Gaffney, Ozone/Carbon

Monoxide and Mobile Sources Section

(3AT21), USEPA—Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107, or by telephone at:

(215) 566–2092. Questions may also be

addressed via e-mail, at the following

address:

Gaffney.Kristeen@epamail.epa.gov

[Please note that only written comments

can be accepted for inclusion in the

docket.]

SUPPLEMENTARY INFORMATION:

I. Background

Under section 107(d)(1) of the Act as

amended in 1990, in conjunction with

the Governor of Virginia, EPA was

required to designate Hampton Roads as

nonattainment because the area violated

the ozone standard during the years

1987–1989. The Hampton Roads

marginal ozone nonattainment area

consists of the following localities:

James City County, Poquoson City, York

County, Portsmouth City, Chesapeake

City, Suffolk City, Hampton City,

Virginia Beach City, Newport News

City, Williamsburg City and Norfolk

City.

Section 107(d)(3)(E) of the Act

outlines the requirements to be met for

an area to be redesignated from

nonattainment to attainment. These

requirements are: (1) The area must

have attained the applicable NAAQS;

(2) the area must meet all applicable

requirements under section 110 and part

D of the Act; (3) the area must have a

fully approved SIP under section 110(k)

of the Act; (4) the air quality

improvement must be due to permanent

and enforceable measures; and, (5) the

area must have a fully approved

maintenance plan pursuant to section

175A of the Act.

Attainment of the ozone NAAQS is

determined by the expected number of

exceedances in a calendar year. The

method for determining attainment of

the ozone NAAQS is contained in 40

CFR 50.9 and appendix H to that

section. The simplest method by which

expected exceedances are calculated is

by averaging actual exceedances of the

0.12 parts per million (ppm) ozone

NAAQS at each monitoring site over a

three year period. An area is in

attainment of the standard if this

average results in expected exceedances

for each monitoring site in the area of

1.0 or less per calendar year. When a

valid daily maximum hourly average

value is not available for each required

monitoring day during the year, the

missing days must be accounted for

when estimating exceedances for the

year.

Ambient air quality data recorded in

the Hampton Roads area, between the

years 1993–1995 shows attainment of

the ozone NAAQS. The data for these

years meets EPA’s completeness criteria

of 75% or greater data capture.

Furthermore, the area remained free of

violations during the 1996 ozone

season.

In the ‘‘Review of Virginia’s

Submittals’’ below, EPA will explain

how the redesignation request and

maintenance plan SIP revision meet the

requirements of Section 107 (d)(3)(E) of

the Act pertaining to redesignations to

attainment. In Section IV, EPA will

review Virginia’s motor vehicle

emissions budget SIP revision. A

Technical Support Document (TSD) has

also been prepared by EPA on these

rulemaking actions, which explains

EPA’s review in further detail. Copies of

the TSD are available from the EPA

Regional office listed in the ADDRESSES

section of this document in addition to

being available for public inspection at

that office.

II. Review of Virginia’s Submittals

Following is a brief description of

how the Commonwealth of Virginia’s

August 27, 1996 submittal fulfills the

five requirements of redesignation

requests from section 107(d)(3)(E) of the

Act. Because the maintenance plan is a

critical element of the redesignation

request, EPA will discuss its evaluation

of the maintenance plan under its

analysis of the redesignation request.

1. Attainment of the Ozone NAAQS

The submittal contains an analysis of

ozone air quality data which is relevant

to the maintenance plan and to the

redesignation request for the Hampton

Roads ozone nonattainment area.

Ambient ozone monitoring data during

1993 through 1995 show attainment of

the ozone NAAQS in Hampton Roads,

Virginia. See 40 CFR Section 50.9 and

Appendix H. The Commonwealth of

Virginia’s request for redesignation

includes documentation that the entire

area has complete quality assured data

showing attainment of the standard over

the most recent consecutive three

calendar year period prior to submittal

of the request (1993–1995). This request

is based on ambient air ozone

monitoring data collected from three

ozone monitoring stations in the area.

Furthermore, it is relevant to note that

the Hampton Roads area showed

continued attainment of the ozone

NAAQS during the most recent ozone

season 1996. The data clearly show an

expected exceedance rate of less than

1.0 per year since 1993. The technical

support document (TSD) explains the

calculation of the air quality monitoring

data in more detail. The Hampton Roads

area has met the first statutory criterion

for redesignation to attainment of the

ozone NAAQS. Virginia has committed

to continue monitoring the air quality in

this area in accordance with the Act’s

requirements as prescribed in 40 CFR

Part 58, which is required, among other

things, to meet the second statutory

criterion for redesignation to attainment.

2. Meeting Applicable Requirements of

Section 110 and Part D

For purposes of redesignation, to meet

the requirement that the SIP contain all

applicable requirements under the Act,

EPA has reviewed the SIP to ensure that

it contains all measures that were due

under the Act prior to or at the time the

Commonwealth submitted its

redesignation request. The

Commonwealth of Virginia has been

fully implementing the EPA approved

section 110 (a)(2) and Part D

requirements of the 1977 Act applicable

to the Hampton Roads area. The Clean

Air Act Amendments of 1990, however,

modified section 110(a)(2) and, under

Part D, revised section 172 and added

new requirements for all nonattainment

areas. Therefore, for purposes of

redesignation, EPA has reviewed the SIP
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11339

1Refer 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.

and determined that it contains all

measures that were due under the Act

as revised in 1990, discussed below.

2.A. Section 110 Requirements

Under section 107(d)(3)(E)(v) of the

Act, for a redesignation request to be

approved, the Commonwealth must

have met all requirements that applied

to the subject area prior to or at the same

time as the submission of a complete

redesignation request. Virginia

submitted a complete redesignation

request on August 27, 1996.

Requirements of the Act that come

due subsequently continue to be

applicable to the area at later dates (see

section 175A of the Act) and, if

redesignation of any of the areas is

disapproved, the Commonwealth

remains obligated to fulfill those

requirements. These requirements are

discussed in the following EPA

documents: ‘‘Procedures for Processing

Requests to Redesignate Areas to

Attainment,’’ John Calcagni, Director,

Air Quality Management Division,

September 4, 1992; ‘‘State

Implementation Plan (SIP) Actions

Submitted in Response to Clean Air Act

(CAA) Deadlines,’’ John Calcagni,

Director, Air Quality Management

Division, October 28, 1992; and ‘‘State

Implementation Plan (SIP)

Requirements for Areas Submitting

Requests for Redesignation to

Attainment of the Ozone and Carbon

Monoxide (CO) National Ambient Air

Quality Standards (NAAQS) on or after

November 15, 1992,’’ Michael H.

Shapiro, Acting Assistant

Administrator, September 17, 1993.

Although section 110 of the Act was

amended in 1990, the Hampton Roads,

Virginia SIP meets the requirements of

section 110 (a)(2) of the amended Act.

A number of the requirements did not

change in substance and, therefore, the

preamendment SIP met these

requirements. As to those requirements

that were amended, many duplicate

other requirements of the Act (see 57 FR

23936 and 23939, June 23, 1992). EPA

has analyzed the SIP and determined

that it is consistent with the

requirements of amended section

110(a)(2) of the Act. The SIP revision

has been adopted by the Commonwealth

after reasonable notice and public

hearing. The SIP contains enforceable

emission limitations adequate to

produce attainment, requires

monitoring, compiling, and analyzing

ambient air quality data. It provides for

adequate funding, staff, and associated

resources necessary to implement SIP

requirements, has provisions for

Prevention of Significant Deterioration

(PSD) and New Source Review (NSR),

and requires stationary source emissions

monitoring and reporting. There are no

outstanding requirements for volatile

organic compound (VOC) reasonably

available control technology

requirements (RACT) in the Hampton

Roads area, as discussed further under

‘‘Part D Requirements’’ below.

2.B. Part D Requirements

Under part D, an area’s classification

determines the requirements to which it

is subject. Subpart 1 of part D sets forth

the basic requirements applicable to all

nonattainment areas. Subpart 2 of part

D establishes additional requirements

for nonattainment areas classified under

table 1 of section 181(a). As described

in the General Preamble for the

Implementation of Title 1, specific

requirements of subpart 2 may override

the general provisions of subpart 1 (57

FR 13501). The Hampton Roads area is

classified as marginal. Therefore, in

order to be redesignated to attainment,

it must meet the requirements of subpart

1 of part D, specifically sections 172(c)

and 176, as well as the applicable

requirements of subpart 2 of part D that

apply to marginal areas (subsection

182(a)).

2.B.1. Subpart 1 of part D—Section

172(c) Plan Provisions

Under section 172(b), the section

172(c) requirements are applicable no

later than three years after an area has

been designated as nonattainment under

the Act. In the case of Hampton Roads,

the Commonwealth has satisfied all of

the section 172(c) requirements

necessary for redesignation.

The Hampton Roads area was

designated marginal nonattainment on

November 6, 1991 [56 FR 56694]. In the

case of marginal ozone nonattainment

areas, the section 172(c)(1) Reasonably

Available Control Measures requirement

was superseded by the section 182(a)(2)

RACT requirements, which did not

require nonattainment areas newly

designated marginal after enactment of

the 1990 amendments to submit RACT

corrections.1 Thus, no additional RACT

submissions were required for the

Hampton roads area to be redesignated.

Also, by virtue of provisions under

section 182(a), areas designated as

marginal do not have to submit an

attainment demonstration.

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)].
11340 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

The EPA promulgated final

transportation conformity regulations on

November 24, 1993 (58 FR 62188) and

general conformity regulations on

November 30, 1993 (58 FR 63214).

These conformity rules require that

states adopt both transportation and

general conformity provisions in their

SIPs for areas designated nonattainment

or subject to a maintenance plan

approved under section 175A of the Act.

Pursuant to section 51.396 of the

transportation conformity rule and

section 51.851 of the general conformity

rule, the Commonwealth of Virginia is

required to submit a SIP revision

containing transportation conformity

criteria and procedures consistent with

those established in the federal rule.

Similarly, Virginia is required to submit

a SIP revision containing general

conformity criteria and procedures

consistent with those established in the

federal rule.

Although this redesignation request

was submitted to EPA after the due

dates for the SIP revisions for

transportation conformity (58 FR 62188)

and general conformity (58 FR 63214)

rules, EPA has interpreted the

conformity requirements as not being

applicable requirements for purposes of

evaluating the redesignation request

under section 107(d) of the Act. The

rationale for this is based on a

combination of two factors.

First, the requirement to submit SIP

revisions to comply with the conformity

provisions of the Act continues to apply

to areas even after redesignation to

attainment. Therefore, the

Commonwealth remains obligated to

adopt the transportation and general

conformity rules even after

redesignation. While redesignation of an

area to attainment enables the area to

avoid further compliance with most

requirements of section 110 and part D

of the Act, since those requirements are

linked to the nonattainment status of an

area, the conformity requirements apply

to both nonattainment and maintenance

areas. Second, EPA’s federal conformity

rules require the performance of

conformity analyses in the absence of

state-adopted rules. Therefore, a delay

in adopting state rules does not relieve

an area from the obligation to

implement conformity requirements.

Because areas are subject to the

conformity requirements regardless of

whether they are redesignated to

attainment and must implement

conformity under federal rules if state

rules are not yet adopted, these

requirements are not applicable

requirements for purposes of evaluating

a redesignation request.

Therefore, EPA has modified its

national policy regarding the

interpretation of the provisions of

section 107(d)(3)(E) of the Act

concerning the applicable requirements

for purposes of reviewing an ozone

redesignation request. Under this new

policy, for the reasons just discussed,

EPA believes that the ozone

redesignation request for Hampton

Roads may be approved

notwithstanding the lack of approved

Commonwealth transportation and

general conformity rules.

2.B.3. Subpart 2 of part D—Section 182

Provisions for Ozone Nonattainment

Areas

The Hampton Roads nonattainment

area is classified as marginal and is

subject to the requirements of section

182(a) of the Act. The Commonwealth

was required to meet the emission

inventory requirement of section

182(a)(1) and the emissions statement

program requirement of section

182(a)(3)(b).

Section 182(a)(1) required an

emissions inventory as specified by

section 172(c)(3) of actual emissions of

carbon monoxide (CO), volatile organic

compounds (VOC) and nitrogen oxides

(NOX) from all sources by November 15,

1992. Virginia submitted its 1990 base

year inventory for the Hampton Roads

area which was approved by EPA on

September 16, 1996 [61 FR 48629].

Section 182(a)(3)(B) required a SIP

revision by November 15, 1992 to

require stationary sources of VOC and

NOX emissions to report the actual

emissions of these pollutants annually.

On November 4, 1992, Virginia

submitted rule revisions implementing

the emission statement requirement.

EPA approved Virginia’s Emission

Statement program as a SIP revision on

May 2, 1995, codified at 40 CFR

52.2420(c)(103).

As discussed above, RACT corrections

are not required under section 182(a)(2)

for areas such as Hampton Roads that

were not designated nonattainment

until after the 1990 CAA Amendments.

Additionally, section 182(a)(2) does not

require the submission of an inspection

and maintenance SIP revision for

Hampton Roads. Likewise, as discussed

above under the part 172 requirements,

the Commonwealth need not comply

with the requirements of section 182(a)

concerning revisions to the part D NSR

program in order to be redesignated.

Section 182(3) requires submission of

periodic inventories every three years

from 1990 until the area is redesignated

attainment. The maintenance plan for

Hampton Roads contains a full emission

inventory for the attainment year 1993,

as discussed below in section 5.A.

Because the attainment year is the same

as the year the first periodic inventory

came due, the maintenance plan

satisfies this requirement.

3. Fully Approved SIP Under Section

110(k) of the Act

EPA has determined that the

Commonwealth of Virginia has a fully

approved SIP under section 110(k),

which also meets the applicable

requirements of section 110 and Part D

as discussed above. Therefore, the

redesignation requirement of section

107(d)(3)(E) (ii) has been met.

4. Improvement in Air Quality Due to

Permanent and Enforceable Measures

The Commonwealth must be able to

reasonably attribute air quality

improvements in the area to emission

reductions which are permanent and

enforceable. Attainment resulting from

temporary reductions in emission rates

or unusually favorable meteorological

conditions does not qualify for

redesignation.

Under the 1977 Act, EPA approved

the Commonwealth of Virginia SIP

control strategy for the Hampton Roads,

Virginia area. EPA determined the

emission reductions were achieved as a

result of those enforceable rules.

Several other enforceable control

measures have come into place since the

Hampton Roads, Virginia area violated

the ozone NAAQS. Significant

reductions in ozone precursor emissions

are attributed to federal mobile source

emission control programs. Specifically,

reductions occurred due to the Federal

Motor Vehicle Control Program

(FMVCP) due to the mandatory lowering

of fuel volatility and automobile fleet

turnover. Effective in 1993, the Reid

Vapor Pressure (RVP) of gasoline

decreased from 9.9 pounds per square

inch (psi) to 7.8 psi in the Hampton

Roads area. Beginning in 1995, federal

reformulated gasoline (RFG) was

implemented in Hampton Roads as a

replacement to low RVP gasoline. The

benefits of RFG will be discussed later

in this document under the

maintenance plan control strategies.

Virginia developed a design year

emissions inventory representing the

‘‘worst case’’ emissions scenario that

contributes to ozone violations as a

starting point for the redesignation

request. The design year chosen by

Virginia for Hampton Roads is 1988, a

year that was particularly conducive to

ozone violations in eastern U.S.

nonattainment areas. The maintenance

plan contains a comprehensive

emissions inventory of ozone

precursors, VOCs, NOX and CO, for the
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11341

year 1988 to establish the amount of

emission reductions achieved to reach

attainment with the ozone NAAQS in

the 1993 attainment year.

The amount of reductions achieved

from FMVCP and RVP programs

between 1988 and 1993 was determined

using EPA’s mobile emission inventory

model MOBILE 5.0a and relevant

vehicle miles traveled (VMT) data. As a

result of these permanent and

enforceable reductions, VOC emissions

were reduced by 49.115 tons/day (1988–

1993); emissions of NOX increased by

8.481 tons/day in Hampton Roads. The

Commonwealth of Virginia’s

maintenance plan requires the

continuation of the federal RVP

program. The Commonwealth

demonstrated that point source VOC

emissions were not artificially low due

to local economic downturn during the

period in which Hampton Roads air

quality came into attainment.

Reductions due to decreases in

production levels or from other

unenforceable scenarios such as

voluntary reductions were not included

in the determination of the emission

reductions.

EPA finds that the combination of

measures contained in the SIP and

federal measures have resulted in

permanent and enforceable reductions

in ozone precursors that have allowed

Hampton Roads to attain the NAAQS,

and therefore, that the redesignation

criterion of section 107(d)(3)(E)(iii) has

been met.

5. Fully approved Maintenance Plan

Under Section 175A

Section 175A of the Act sets forth the

elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

of the applicable NAAQS for at least ten

years after the Administrator approves a

redesignation to attainment. Eight years

after the redesignation, the

Commonwealth must submit a revised

maintenance plan which demonstrates

attainment for the ten years following

the initial ten-year period. To provide

for the possibility of future NAAQS

violations, the maintenance plan must

contain contingency measures, with a

schedule for implementation, adequate

to assure prompt correction of any air

quality problems. EPA is approving the

Virginia maintenance plan for the

Hampton Roads, Virginia area because

EPA finds that Virginia’s submittal

meets the requirements of section 175A

of the Act as discussed below.

5.A. Emissions Inventories

The Commonwealth developed an

attainment emissions inventory to

identify the level of emissions sufficient

to achieve the ozone NAAQS. The

maintenance plan submitted on August

27, 1996 contains comprehensive

inventories for the years 1993, 2000 and

2008 prepared according to EPA

guidance for ozone precursors, VOCs,

NOx, and CO emissions to demonstrate

attainment and maintenance for

Hampton Roads. The inventories

include area, stationary, non-road

mobile and mobile sources. The 1993

inventory is considered representative

of attainment conditions because the

NAAQS was not violated during 1993

and was one of the three years upon

which the attainment demonstration

was based. The plan includes a

demonstration that emissions will

remain below the 1993 attainment year

levels for a 10 year period (2008) and

provides an interim year inventory as

required by EPA guidance for the year

2000. The Commonwealth has

demonstrated that emissions for ozone

precursors through the year 2008 will

remain below the 1993 attainment year

levels because of permanent and

enforceable measures, while allowing

for growth in population and vehicle

miles traveled (VMT).

The Commonwealth’s submittal

contains detailed inventory data and

summaries by county and source

category. Growth Projections for point,

non-road and area sources were derived

using EPA’s Economic Growth Analysis

System (E-GAS) and the Bureau of

Economic Analysis Factors. These

factors were applied to the 1993

inventory to reflect the expected

emission levels through 2008. VMT

growth was provided by the Virginia

Department of Transportation. These

projected year inventories were

prepared in accordance with EPA

guidance. EPA’s TSD includes a more

detailed analysis of the projected year

inventories for the nonattainment area.

The following table summarizes the

average peak ozone season weekday

VOC, NOx, and CO emissions for the

major anthropogenic (non-biogenic)

source categories for the 1993

attainment year inventory and projected

2000 and 2008 inventories.

Emissions (tons per year) 1993 2000 2008

VOCs:

Point sources .................................................................................................................................... 25.044 27.395 30.040

Area sources 2 ................................................................................................................................... 129.702 128.491 136.641

Mobile sources 3 ................................................................................................................................ 73.244 50.853 51.862

Subtotal ............................................................................................................................................. 227.990 206.739 218.543

NOx:

Point sources .................................................................................................................................... 85.209 86.634 81.072

Area sources ..................................................................................................................................... 66.887 72.184 78.088

Mobile sources .................................................................................................................................. 77.983 70.064 70.061

Subtotal ............................................................................................................................................. 230.079 228.882 229.221

CO:

Point sources .................................................................................................................................... 13.324 14.673 14.699

Area sources ..................................................................................................................................... 300.167 320.364 340.541

Mobile sources .................................................................................................................................. 590.918 370.022 366.121

Subtotal ............................................................................................................................................. 904.409 705.059 721.361

TOTALS ......................................................................................................................................... 1362.478 1140.680 1169.125

2Area source category includes non-road mobile emissions and emissions from motor vehicle refueling.

3 Mobile source estimates include emissions safety margins. A safety margin exists when the total emissions (stationary, mobile, area) projected for the attainment year (or years of a maintenance plan) are less than the emissions level necessary to demonstrate attainment or maintenance. That difference in emissions constitutes a safety margin. In this case, Virginia allocated such safety margins to the on-road portion of the

mobile emissions budget to satisfy conformity requirements.
11342 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

5.B. Demonstration of Maintenance

As shown in the previous table,

decreases in VOC emissions are

projected in the Hampton Roads

nonattainment area throughout the

maintenance period. While NOx

emissions are projected to increase

slightly, the decrease in VOC emissions

is sufficient to offset the NOx increase.

Virginia attributes the projected

reductions of VOC emissions to the

following national control measures:

Federal Motor Vehicle Control Program

(Tier 1); Reformulated Gasoline (on-road

and non-road), and pending EPA rules

regulating emissions from Consumer/

Commercial Solvents reformulations;

Architectural/Industrial Maintenance

Coatings reformulation; and Automobile

Refinishing. Additionally, the

Commonwealth implemented source

specific seasonal NOx emission limits

(emission caps) on two point sources of

NOx in the nonattainment area. Each

control program and the anticipated

emissions benefit is discussed briefly

below. EPA believes these measures will

contribute significant emissions

reductions that will help keep the

Hampton Roads area in attainment of

the ozone NAAQS. Refer to the TSD for

further detail.

1. Federal Motor Vehicle Control

Program (Tier 1): EPA is required under

the Clean Air Act to issue new and

cleaner motor vehicle emission

standards to be phased in beginning

with the model year 1994, as well as a

uniform level of evaporation emission

controls. EPA promulgated a national

rule establishing ‘‘new car’’ standards

for 1994 and newer model year lightduty vehicles and light-duty trucks on

June 5, 1991 (56 FR 25724). In the

Hampton Roads maintenance plan,

Virginia projects an anticipated

reduction from Tier 1 of VOCs of 18.187

tons/day in the year 2000 and 30.835

tons/day by the year 2008; and of NOx

of 15.924 tons/day in 2000 and 24.778

tons/day in 2008. These benefits were

calculated using the Mobile 5.0a model.

EPA has reviewed Virginia’s calculation

of the benefits for this measure and

finds the amount of reduction Virginia

claims acceptable.

2. Reformulated Gasoline (on-road

and non-road): Section 211(k) of the

Clean Air Act requires that, beginning

January 1, 1995, only reformulated

gasoline be sold or dispensed in ozone

nonattainment areas classified as severe

or above. Gasoline is reformulated to

reduce combustion by-products and to

produce fewer evaporative emissions.

Section 211(k)(6) allows other

nonattainment areas to ‘‘opt in’’ to the

program. Virginia submitted a request to

opt-in to the Reform Gas program in the

Hampton Roads nonattainment area

beginning in 1995, which EPA approved

on December 23, 1991. The

Commonwealth claims the following

projected reductions in tons/day from

this program:

2000

(TPD)

2008

(TPD)

On-road sources ....... 14.8 14.5

Non-road sources ..... 1.15 1.2

Area sources ............. 1.8 1.95

EPA’s Mobile 5.0a model was used to

determine the emission benefit. EPA has

reviewed Virginia’s calculation of the

benefits for this control program and

finds the amount of reduction Virginia

claims is acceptable.

3. Architectural and Industrial

Maintenance Coatings (AIM): Emission

reductions have been projected from

AIM coatings due to the expected

promulgation by the EPA of a national

rule. VOC emissions emanate from the

evaporation of solvents used in the

coating process. In a memo dated March

7, 1996, EPA allowed states to claim a

20% reduction of total AIM emissions

from the national rule. As a result of

legal challenges to the proposed

national rule for AIM, EPA has

negotiated a compliance date of no

earlier than January 1, 1998. In the

maintenance plan for Hampton Roads,

Virginia projects a 20% reduction in

VOC emissions from the 1993

attainment year inventory for this

category which translates into 2.821

tons/day by 2000 and 2.831 tons/day by

2008. EPA has reviewed Virginia’s

calculation of the benefits for this

measure and finds the amount of

reduction Virginia claims acceptable.

4. Consumer and Commercial

Products: Section 183(e) of the Clean

Air Act required EPA to conduct a study

of VOC emissions from consumer and

commercial products and to compile a

regulatory priority list. EPA is then

required to regulate those categories that

account for 80% of the consumer

product emissions in ozone

nonattainment areas. Group I of EPA’s

regulatory schedule lists 24 categories of

consumer products to be regulated by

national rule, including personal,

household, and automotive products.

Per a June 22, 1996 EPA policy memo,

states may claim credit for up to a 20%

reduction of total consumer product

emissions. At this time, the final rule for

consumer products is expected to be

signed by the Administrator in March

1997 and require compliance by July

1997. In the maintenance plan for

Hampton Roads, Virginia projects a 20%

reduction in VOC emissions from the

1993 attainment year inventory in this

category which translates into 1.664

tons/day by 2000 and 1.765 tons/day by

2008. EPA has reviewed Virginia’s

calculation of the benefits for this

measure and finds the amount of

reduction Virginia claims acceptable.

5. Automobile Refinishing: EPA is in

the process of adopting a national rule

to control VOC emissions from solvent

evaporation through reformulation of

coatings used in auto body refinishing

processes. These coatings are typically

used by industry and small businesses,

or by vehicle owners. VOC emissions

emanate from the evaporation of

solvents used in the coating process. In

a November 24, 1994 memo, EPA set

forth policy on the creditable reductions

to be assumed from the national rule for

auto body refinishing. That memo

stipulated a 37% reduction from current

emissions. In the maintenance plan for

Hampton Roads, Virginia projects a 37%

reduction in VOC emissions from the

1993 attainment year inventory in this

category which translates into 1.803

tons/day by 2000 and 1.809 tons/day by

2008. EPA has reviewed Virginia’s

calculation of the benefits for this

measure and finds the amount of

reduction Virginia claims acceptable.

6. Source Specific NOX Emission

Limits: The Commonwealth established

seasonal NOX emission limits for

selected major point sources in the

Hampton Roads area. The limits have

been established through SIP approved

federally enforceable state operating

permits. The emission limits are only

effective during the peak ozone season

months, June-August. In the

maintenance plan, the permitted

emission limits will result in 5.845 tons/

day (2000) and 26.148 tons/day (2008)

reduction in NOX emissions from the

previously permitted emission levels in

the 1993 attainment year inventory. EPA

has reviewed Virginia’s calculation of

the benefits for this measure and finds

the amount of reduction Virginia claims

acceptable.

As discussed earlier, Hampton Roads

has continued to monitor attainment of

the ozone NAAQS through 1996. EPA

believes that these emissions projections

and the associated control measures

demonstrate that the nonattainment area

will continue to maintain the ozone

NAAQS until the year 2008.

5.C. Verification of Continued

Attainment

Continued attainment of the ozone

NAAQS in Hampton Roads depends, in

part, on the Commonwealth of

Virginia’s efforts toward tracking

indicators of continued attainment
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11343

during the maintenance period. The

Commonwealth of Virginia will track

the status and effectiveness of the

maintenance plan by updating the

emissions inventory annually and

through periodic evaluations. Virginia

has committed to develop and submit to

EPA comprehensive tracking

inventories every three years during the

maintenance period.

The Commonwealth of Virginia will

acquire source emissions data through

the annual emission statements

program. The Commonwealth of

Virginia will continue to monitor

ambient ozone levels by operating its

ambient ozone air quality monitoring

network in accordance with 40 CFR part

58. The Commonwealth will continue to

follow appropriate quality assurance

and quality control procedures and

enter the data into AIRS.

5.D. Contingency Plan

The level of VOC and NOX emissions

in Hampton Roads will largely

determine its ability to stay in

compliance with the ozone NAAQS.

Despite the Commonwealth of Virginia’s

best efforts to demonstrate continued

compliance with the NAAQS, Hampton

Roads may exceed or violate the

NAAQS. Therefore, Virginia has

provided the following triggering events

and contingency measures with a

schedule for implementation in the

event of future ozone air quality

problems.

1. In the event that VOC or NOX

emissions exceed the projected

emissions inventories, RACT

regulations will be implemented for

either VOC or NOX sources that have

emissions of 100 tons per year or more,

depending on the pollutant of concern.

2. In the event that a violation of the

ozone NAAQS occurs at any individual

monitor, either VOC RACT or NOX

RACT regulations will be implemented

for all sources with emissions of over

100 tons per year or more.

These contingency measures will be

implemented on the following schedule:

A. Notification received from EPA

that a contingency measure must be

implemented, or three months after a

recorded violation;

B. Applicable regulation to be

adopted 12 months after date

established in A above;

C. Regulation implemented within 6

months of adoption;

D. Compliance with regulation

achieved within 12 months of adoption.

5.E. Subsequent Maintenance Plan

Revisions

In accordance with section 175A(b) of

the Act, the Commonwealth of Virginia

has agreed to submit a revised

maintenance SIP eight years after the

area is redesignated to attainment. Such

revised SIP will provide for

maintenance for an additional ten years.

EPA has determined that the

maintenance plan adopted by the

Commonwealth of Virginia and

submitted to EPA on August 27, 1996

meets the requirements of section 175A

of the Act. Therefore, EPA is approving

the maintenance plan.

III. Interim Implementation Policy (IIP)

Impact

On December 13, 1996, EPA

published proposed revisions to the

ozone and particulate matter NAAQS.

Also on December 13, 1996, EPA

published its proposed policy regarding

the interim implementation

requirements for ozone and particulate

matter during the time period following

any promulgation of a revised ozone or

particulate matter NAAQS (61 FR

65751). This IIP includes proposed

policy regarding ozone redesignation

actions submitted to and approved by

EPA prior to promulgation of a new

ozone standard, as well as those

submitted prior to and approved by EPA

after the promulgation date of a new or

revised ozone standard.

Complete redesignation requests,

submitted and approved by EPA prior to

the promulgation date of the new or

revised ozone standard, will be allowed

to redesignate to attainment based on

the maintenance plan’s ability to

demonstrate attainment of the current 1-

hour standard and compliance with

existing redesignation criteria. Any

redesignation requests submitted prior

to promulgation, which are not acted

upon by EPA prior to that promulgation

date, must then also include a

maintenance plan which demonstrates

attainment of both the current 1-hour

standard and the new or revised ozone

standard to be considered for

redesignation.

As discussed previously, the

Hampton Roads redesignation request

demonstrates attainment under the

current 1-hour ozone standard.

Since the EPA plans to approve this

request prior to the promulgation date of

the new or revised ozone standard, the

Hampton Roads redesignation request

meets the proposed IIP.

IV. Motor Vehicle Emissions Budget

To achieve expeditious attainment of

the NAAQS, the Clean Air Act

provisions at section 176 require that

any project, program or plan in any way

approved, accepted or funded by the

federal government conform to the

applicable SIP. As discussed earlier in

this rulemaking in 2.B.2. Conformity

Provisions, conformity determinations

are required in both maintenance and

nonattainment areas. Transportation

projects, Transportation Improvement

Programs (TIPs) and Long Range

Transportation Plans must demonstrate

conformity.

In 40 CFR 51.392 EPA defines a motor

vehicle emissions budget as that portion

of the total allowable emissions of any

criteria pollutant or its precursors,

which is defined in a revision to the SIP

required to meet reasonable further

progress, attainment or maintenance

demonstrations, and which is allocated

to highway and transit vehicles. The

applicable implementation plan for an

ozone nonattainment area designates a

motor vehicle emissions budget for

volatile organic compounds and may

also allocate a similar budget for oxides

of nitrogen (NOX) in the case of the Post

1996 Reasonable Further Progress Plans

required in ozone nonattainment areas

classified as serious or above. The

applicable SIP for an ozone

nonattainment area may also include a

NOX budget if NOX reductions are being

substituted for reductions of VOCs in

milestone years required for reasonable

further progress. The applicable SIP

must demonstrate that this NOX budget

will be achieved with measures

contained therein.

40 CFR 51.404 requires that long

range transportation plans specifically

describe the transportation system

envisioned for certain future years,

which are called horizon years. For

maintenance areas, the regional analysis

of emissions from this transportation

system in each horizon year must be

less than or equal to the motor vehicle

emissions budget established by the

maintenance plan. EPA’s transportation

conformity regulations require long

range transportation plans to

demonstrate conformity for a period of

time (20 years) that goes well beyond

the actual control strategy period on

which the budget is based. The

maintenance plan requires adopted

rules to cover only a ten year

maintenance period (Virginia’s

maintenance period for Hampton Roads

lasts until 2008).

Virginia is required by the Clean Air

Act to perform a regional emissions

analysis on their long range

transportation plans and compare the

ozone precursor emissions from this

analysis to the VOC and NOX motor

vehicle emissions budgets, in ten year

increments for the 20 year timeframe of

the long range transportation plan. The

Commonwealth chose to create a VOC

and NOX motor vehicle emissions

budget for the Hampton Roads area for
11344 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

4EPA’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.

the years after the 10-year timeframe of

the maintenance plan in order to

facilitate transportation conformity

determinations. To accommodate the

projected mobile emissions growth in

the Hampton Roads area in the horizon

years of the transportation planning

cycle (2015 and beyond), additional

emission reductions from enforceable

control measures are necessary for

positive conformity determination

purposes. To be creditable, such

reductions must be included in the SIP

for the area.

Virginia’s August 29, 1996 SIP

revision modifies the motor vehicle

emissions budgets in the Hampton

Roads maintenance plan in support of

the area’s transportation plans for the

period beginning in 2015. Although

mobile source emissions of NOX and

VOC are predicted to rise in the year

2015 as VMT increases, Virginia

anticipates that emission reductions

will occur during this time period from

pending national emission control

programs on non-road sources to offset

this growth, specifically new engine

standards for marine engines,

locomotive engines and heavy duty

diesel engines. The Act requires that

EPA promulgate new emission

standards for marine engines,

locomotive engines and heavy duty

diesel engines. For the purposes of

conformity, the motor vehicle emissions

budgets in the maintenance plan are

increased to 53.730 tons per day of VOC

and 80.617 tons per day of NOX, with

an effective date of January 1, 2015. The

emissions reductions from the national

control programs create a safety margin.

For Hampton Roads the safety margin

for VOC is 1.868 tons/day and for NOX

10.610 tons/day. All these reductions

from the non-road source category are

allocated to the motor vehicle emissions

budget for the purposes of conformity

determinations. Virginia used

applicable EPA guidance 4 in calculating

the anticipated emission benefits from

the national control programs.

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
Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 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:

§ 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:

§ 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 § 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:

§ 81.347 Virginia.

* * * * *
11346 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

VIRGINIA—OZONE

Designated Area

Designation Classification

Date 1 Type Date 1 Type

Norfolk-Virginia Beach-Newport News (Hampton

Roads) Area

[insert date 45 days after

publication date].

Unclassifiable/ Attainment .................... ....................

Chesapeake

Hampton

James City County

Newport News

Norfolk

Poquoson

Portsmouth

Suffolk

Virginia Beach

Williamsburg

York County

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 97–6078 Filed 3–11–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–57–02–2]

RIN 2060–AD27

Regulation of Fuels and Fuel

Additives; Standards for Reformulated

Gasoline

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of denial of petition for

reconsideration.

SUMMARY: Pursuant to section 553(e) of

the Administrative Procedure Act, the

American Petroleum Institute requested

that EPA reconsider and repeal the

Phase II reformulated gasoline emission

reduction standard for oxides of

nitrogen. For the reasons provided

below, EPA is denying this petition.

EPA’s review of new data concerning

the air quality benefits and costeffectiveness of the reformulated

gasoline emission reduction standard

for oxides of nitrogen demonstrates the

continued appropriateness of the

standard.

EFFECTIVE DATE: March 12, 1997.

ADDRESSES: Information relevant to this

action is contained in Docket No. A–96–

27 at the EPA Air and Radiation Docket,

room M–1500 (mail code 6102), 401 M

St., SW., Washington, DC 20460. The

docket may be inspected at this location

from 8:30 a.m. until 5:30 p.m.

weekdays. The docket may also be

reached by telephone at (202) 260–7548.

As provided in 40 CFR part 2, a

reasonable fee may be charged by EPA

for photocopying.

FOR FURTHER INFORMATION CONTACT:

Debbie Wood, Office of Mobile Sources,

Fuels and Energy Division, (202) 233–

9000.

SUPPLEMENTARY INFORMATION

I. Introduction and Background

On February 16, 1994, EPA published

a final rule establishing various content

and emission reduction standards for

reformulated gasoline (RFG), including

provisions for the certification of RFG

and enforcement of RFG standards, and

establishing certain requirements

regarding unreformulated or

conventional gasoline (59 FR 7716). The

purpose of the RFG program is to

improve air quality by requiring that

gasoline sold in certain areas of the U.S.

be reformulated to reduce emissions

from motor vehicles of toxics and

tropospheric ozone-forming

compounds, as specified by section

211(k) of the Clean Air Act (CAA or the

Act). Section 211(k) mandates that RFG

be sold in nine specific metropolitan

areas with the most severe summertime

ozone levels; RFG must also be sold in

any ozone nonattainment area

reclassified as a severe area, and in

other ozone nonattainment areas that

choose to participate or ‘‘opt in’’ to the

program. The Act further requires that

conventional gasoline sold in the rest of

the country not become any more

polluting than it was in 1990 by

requiring that each refiner’s and

importer’s gasoline be as clean, on

average, as it was in 1990. This has

resulted in regulatory requirements

referred to as the ‘‘anti-dumping’’

program.

The Act mandates certain

requirements for the RFG program.

Section 211(k)(1) directs EPA to issue

regulations that:

Require the greatest reduction in emissions

of ozone forming volatile organic compounds

(during the high ozone season) and emissions

of toxic air pollutants (during the entire year)

achievable through the reformulation of

conventional gasoline, taking into

consideration the cost of achieving such

emission reductions, any nonair-quality and

other air-quality related health and

environmental impacts and energy

requirements.

Section 211(k) specifies the minimum

requirement for reduction of volatile

organic compounds (VOCs) and toxics

for 1995 through 1999, or Phase I of the

RFG program; the section specifies that

EPA must require the more stringent of

a formula fuel or an emission reduction

performance standard, measured on a

mass basis, equal to 15 percent of

baseline emissions. Baseline emissions

are the emissions of 1990 model year

technology vehicles operated on a

specified baseline gasoline. Section

211(k)(2) compositional specifications

for RFG include a 2.0 weight percent

oxygen standard and a 1.0 volume

percent benzene standard. Section

211(k)(2) also specifies that emissions of

oxides of nitrogen (NOX) may not

increase in RFG over baseline

emissions.

For the year 2000 and beyond, or

Phase II of the RFG program, the Act

specifies that the VOC and toxic

performance standards must be no less

than either a formula fuel or a 25

percent reduction from baseline

emissions, whichever is more stringent.

EPA can adjust these standards upward

or downward taking into account such

factors as technological feasibility and

cost, but in no case can the standards be

less than 20 percent.

Shortly after passage of the CAA

Amendments in 1990, EPA entered into

a regulatory negotiation with interested

parties to develop specific proposals for

implementing both the RFG and antidumping programs. In August 1991, the

negotiating committee reached