Approval and Promulgation of Air Quality Implementation Plans; Virginia; Redesignation of the City of Fredericksburg, Spotsylvania County, and Stafford County Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan, 66316-66329 [05-21835]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Proposed Rules]
[Pages 66316-66329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[R03-OAR-2005-VA-0007; FRL-7993-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Redesignation of the City of Fredericksburg, Spotsylvania 
County, and Stafford County Ozone Nonattainment Area to Attainment and 
Approval of the Area's Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and a 
State Implementation Plan (SIP) revision submitted by the Commonwealth 
of Virginia. The Virginia Department of Environmental Quality (VADEQ) 
is requesting that the City of Fredericksburg, Spotsylvania County, and 
Stafford County (the Fredericksburg area) be redesignated as attainment 
for the 8-hour ozone national ambient air quality standard (NAAQS). In 
conjunction with its redesignation request, the Commonwealth submitted 
a State Implementation Plan revision consisting of a maintenance plan 
for the Fredericksburg area that provides for continued attainment of 
the 8-hour ozone NAAQS for the next 10 years. EPA is proposing to make 
a determination that the Frdericksburg area has attained the 8-hour 
ozone NAAQS. This proposed determination is based on three years of 
complete, quality-assured ambient air quality monitoring data for 2002-
2004 that demonstrate the 8-hour NAAQS has been attained in the area. 
EPA's proposed approval of the 8-hour ozone redesignation request is 
based on its determination that the Fredericksburg area has met the 
criteria for redesignation to attainment specified in the Clean Air Act 
(CAA). EPA is providing information on the status of its adequacy 
determination for the motor vehicle emission budgets (MVEBs) that are 
identified in the 8-hour maintenance plan for the Fredericksburg area 
for purposes of transportation conformity, and is also proposing to 
approve those MVEBs. EPA is proposing approval of the

[[Page 66317]]

redesignation request and of the maintenance plan revision to the 
Virginia SIP in accordance with the requirements of the CAA.

DATES: Written comments must be received on or before December 2, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-VA-0007 by one of the following 
methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    E-mail: morris.makeba@epa.gov.
    Mail: R03-OAR-2005-VA-0007, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2005-VA-
0007. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
https://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, (215) 814-2156, or by e-
mail at caprio.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'' , 
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. What Actions Is EPA Proposing to Take?
II. What Is the Background for These Proposed Actions?
III. What Are the Criteria for Redesignation to Attainment?
IV. Why Is EPA Taking These Actions?
V. What Would be the Effect of These Actions?
VI. What Is EPA's Analysis of the Commonwealth's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and 
Identified in the Maintenance Plan for the Fredericksburg Area 
Adequate and Approvable?
VIII. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia
IX. Proposed Actions
X. Statutory and Executive Order Reviews

I. What Actions Is EPA Proposing to Take?

    On May 2, 2005, VADEQ formally submitted a request to redesignate 
the Fredericksburg area to attainment of the 8-hour NAAQS for ozone. On 
May 4, 2005, Virginia submitted a maintenance plan for the 
Fredericksburg area as a SIP revision, to ensure continued attainment 
over the next 10 years. The Fredericksburg area is composed of the City 
of Fredericksburg, Spotsylvania County, and Stafford County. It is 
currently designated as a moderate 8-hour ozone nonattainment area. EPA 
is proposing to determine that the Fredericksburg area has attained the 
8-hour ozone NAAQS and that it has met the requirements for 
redesignation pursuant to section 107(d)(3)(E) of the CAA. EPA is, 
therefore, proposing to approve the redesignation request to change the 
designation of the Fredericksburg area from nonattainment to attainment 
for the 8-hour ozone NAAQS. EPA is also proposing to approve the 
maintenance plan SIP revision for the area (such approval being one of 
the CAA requirements for approval of a redesignation request). The 
maintenance plan is designed to ensure continued attainment in the 
Fredericksburg area for the next 10 years. Additionally, EPA is 
announcing its action on the adequacy process for the MVEBs identified 
in the maintenance plan, and proposing to approve the MVEBs identified 
for volatile organic compounds (VOC) and nitrogen oxides 
(NOX) for the Fredericksburg area for transportation 
conformity purposes.

II. What Is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of NOX and VOC react in the presence of sunlight 
to form ground-level ozone. The air pollutants NOX and VOC 
are referred to as precursors of ozone. The CAA establishes a process 
for air quality management through the attainment and maintenance of 
the NAAQS.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This new standard is more stringent 
than the previous 1-hour ozone standard. EPA designated, as 
nonattainment, any area violating the 8-hour ozone NAAQS based on the 
air quality data for the three years of 2001-2003. These were the most 
recent three years of data at the time EPA designated 8-hour areas. The 
Fredericksburg area was designated as moderate 8-hour ozone 
nonattainment status in a notice signed on April 25, 2004 and published 
on April 30, 2004 (69 FR 23857), based on its exceedance of the 8-hour 
health-based standard for ozone during the years of 2001-2003.
    The CAA, title I, part D, contains two sets of provisions--subpart 
1 and subpart 2--that address planning and control requirements for 
nonattainment areas. Subpart 1 (which EPA refers to as ``basic'' 
nonattainment) contains general, less prescriptive requirements for 
nonattainment areas for any pollutant--including ozone--governed

[[Page 66318]]

by a NAAQS. Subpart 2 (which EPA refers to as ``classified'' 
nonattainment) provides more specific requirements for ozone 
nonattainment areas. Some 8-hour ozone nonattainment areas are subject 
only to the provisions of subpart 1. Other areas are also subject to 
the provisions of subpart 2. Under EPA's 8-hour ozone implementation 
rule, signed on April 15, 2004, an area was classified under subpart 2 
based on its 8-hour ozone design value (i.e., the 3-year average annual 
fourth-highest daily maximum 8-hour average ozone concentration), if it 
had a 1-hour design value at or above 0.121 ppm (the lowest 1-hour 
design value in the CAA for subpart 2 requirements). All other areas 
are covered under subpart 1, based upon their 8-hour design values. In 
2004, the Fredericksburg area was designated a moderate 8-hour ozone 
nonattainment area based on air quality monitoring data from 2001-2003, 
and is subject to the requirements of both subparts 1 and 2.
    Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard 
is attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.08 ppm (i.e., 0.084 ppm when rounding is 
considered). See 69 FR 23857 (April 30, 2004) for further information. 
Ambient air quality monitoring data for the 3-year period must meet 
data completeness requirements. The data completeness requirements are 
met when the average percent of days with valid ambient monitoring data 
is greater than 90 percent, and no single year has less than 75 percent 
data completeness as determined in Appendix I of 40 CFR part 50. In 
2004, the ambient ozone data for the Fredericksburg area indicated no 
further violations of the 8-hour ozone standard, using data from the 3-
year period of 2002-2004 with a design value of 0.084 ppm. Available 
preliminary monitoring data through September 30, 2005 indicates 
continued attainment of the 8-hour ozone standard.

B. The Fredericksburg Area

    The Fredericksburg 8-hour ozone nonattainment area consists of the 
City of Fredericksburg, Spotsylvania County, and Stafford County. Prior 
to designation as an 8-hour ozone nonattainment area, the City of 
Fredericksburg and Spotsylvania County were designated attainment for 
the 1-hour ozone NAAQS, as part of the North Eastern Virginia 
Intrastate (Air Quality Control Region 224) area. Stafford County, on 
the other hand, was part of the Metropolitan Washington, DC 1-hour 
ozone nonattainment area (the Washington area), and therefore was 
subject to requirements for both serious and severe 1-hour ozone 
nonattainment areas pursuant to sections 182(c) and 182(d) of the Clean 
Air Act.\1\
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    \1\ EPA reclassified the Washington area from serious 
nonattainment to severe nonattainment for the 1-hour ozone NAAQS on 
January 24, 2003. See 68 FR 3410 (January 24, 2003) for the 
reclassification and 56 FR 56694 (November 6, 1991) for the original 
classification.
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    On May 2, 2005, the Commonwealth of Virginia requested 
redesignation to attainment for the 8-hour ozone standard for the 
Fredericksburg area. The redesignation request included three years of 
complete, quality-assured data for the period of 2002-2004, indicating 
that the 8-hour NAAQS for ozone had been achieved for the 
Fredericksburg area. The data satisfies the CAA requirements when the 
3-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentration is less than or equal to 0.08 ppm. Under 
the CAA, a nonattainment area may be redesignated if sufficient 
complete, quality-assured data is available to determine that the area 
has attained the standard and the area meets the other CAA 
redesignation requirements set forth in section 107(d)(3)(E).

C. Prior Proposed Rulemaking Actions

    On September 12, 2005 (70 FR 53746), EPA proposed approval of a 
redesignation request and maintenance plan submitted by the 
Commonwealth of Virginia for the Fredericksburg area. On September 30, 
2005 (70 FR 57238), EPA withdrew the September 12, 2005 proposed rule 
and stated that EPA would re-propose approval of the redesignation of 
the Fredericksburg area and the associated maintenance plan, and 
provide an expanded discussion as to why the redesignation request for 
this area is approvable under the CAA. In this notice of proposed 
rulemaking, EPA is re-proposing approval of the redesignation of the 
Fredericksburg area and the associated maintenance plan as announced in 
the September 30, 2005 withdrawal notice.

III. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA, 
allows for redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The state containing such area has met all requirements 
applicable to the area under section 110 and part D.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:
     ``Ozone and Carbon Monoxide Design Value Calculations'', 
Memorandum from Bill Laxton, June 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSD's) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``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,'' Memorandum from Michael H. Shapiro, 
Acting

[[Page 66319]]

Assistant Administrator for Air and Radiation, September 17, 1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 10, 
1995.
    Relevant rulemakings also include EPA's Final Rule to Implement the 
8-Hour Ozone NAAQS--Phase 1 and the Notice of Reconsideration thereof. 
See 69 FR 23951 (April 30, 2004) and 70 FR 30592, 30604 (May 26, 2005).

IV. Why Is EPA Taking These Actions?

    On May 2, 2005, the VADEQ requested redesignation of the 
Fredericksburg area to attainment for the 8-hour ozone standard. On May 
4, 2005, the VADEQ submitted a maintenance plan for the Fredericksburg 
area as a SIP revision, to assure continued attainment over the next 10 
years. EPA has determined that the Fredericksburg area has attained the 
standard and has met the requirements for redesignation set forth in 
section 107(d)(3)(E).

V. What Would Be the Effect of These Actions?

    Approval of the redesignation request would change the designation 
of the Fredericksburg area from nonattainment to attainment for the 8-
hour ozone NAAQS found at 40 CFR part 81. It would also incorporate 
into the Virginia SIP a maintenance plan ensuring continued attainment 
of the 8-hour ozone NAAQS in the Fredericksburg area for the next 10 
years. The maintenance plan includes contingency measures to remedy any 
future violations of the 8-hour NAAQS (should they occur), and 
identifies the NOX and VOC MVEBs for transportation 
conformity purposes for the years 2004, 2009 and 2015. These MVEBs are 
displayed in the following table:

     Table 1.--Motor Vehicle Emissions Budgets in Tons per Day (tpd)
------------------------------------------------------------------------
                        Year                             NOX       VOC
------------------------------------------------------------------------
2004................................................    19.742    11.298
2009................................................    13.062     8.346
2015................................................     7.576     7.334
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VI. What Is EPA's Analysis of the Commonwealth's Request?

    EPA is proposing to determine that the Fredericksburg area has 
attained the 8-hour ozone standard and that all other redesignation 
criteria have been met. The following is a description of how the 
VADEQ's May 2, 2005 and May 4, 2005 submittals satisfy the requirements 
of section 107(d)(3)(E) of the CAA.

A. The Fredericksburg Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the Fredericksburg area has 
attained the 8-hour ozone NAAQS. For ozone, an area may be considered 
to be attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I of Part 50, 
based on three complete, consecutive calendar years of quality-assured 
air quality monitoring data. To attain this standard, the 3-year 
average of the fourth-highest daily maximum 8-hour average ozone 
concentrations measured at each monitor within the area over each year 
must not exceed the ozone standard of 0.08 ppm. Based on the rounding 
convention described in 40 CFR part 50, Appendix I, the standard is 
attained if the design value is 0.084 ppm or below. The data must be 
collected and quality-assured in accordance with 40 CFR part 58, and 
recorded in Aerometric Information Retrieval System (AIRS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    In the Fredericksburg area, there is one ozone monitor, located in 
Stafford County, that measures air quality with respect to ozone. As 
part of its redesignation request, Virginia submitted ozone monitoring 
data for the years 2002-2004 (the most recent three years of data 
available as of the time of the redesignation request). This data has 
been quality assured and is recorded in AIRS. The fourth high 8-hour 
daily maximum concentrations, along with the three-year average, are 
summarized in Table 2.

   Table 2.--Fredericksburg Area Fourth Highest 8-Hour Average Values
           Stafford County Station No. 44-1, AIRS ID 511790001
------------------------------------------------------------------------
                                                            Annual 4th
                          Year                             high reading
                                                               (ppm)
------------------------------------------------------------------------
2002....................................................           0.094
2003....................................................           0.085
2004....................................................           0.073
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    The average for the 3-year period 2002 through 2004 is 0.084 ppm.
------------------------------------------------------------------------

    The data for 2002-2004 show that the area has attained the 
standard, and preliminary data for the 2005 ozone season show that the 
area continues to attain the standard. The data collected at the 
Stafford County monitor satisfies the CAA requirement that the three-
year average of the annual fourth-highest daily maximum 8-hour average 
ozone concentration is less than or equal to 0.08 parts per million 
(ppm). The VADEQ's request for redesignation for the Fredericksburg 
area indicates that the data was quality assured in accordance with 40 
CFR part 58. The VADEQ uses AIRS as the database to maintain its data 
and quality assures the data transfers and content for accuracy. In 
addition, as discussed below with respect to the maintenance plan, 
Virginia has committed to continue monitoring in accordance with 40 CFR 
part 58. In summary, EPA has determined that the data submitted by 
Virginia indicates that the area has attained the 8-hour ozone NAAQS.

B. The Fredericksburg Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the CAA and the Area Has a Fully Approved SIP 
Under Section 110(k) of the CAA

    EPA has determined that Virginia has met all SIP requirements for 
the Fredericksburg area applicable for purposes of redesignation under 
Section 110 of the CAA (General SIP Requirements) and that it meets all 
applicable SIP requirements under Part D of Title 1 of the CAA, in 
accordance with Section 107(d)(3)(E)(v). In addition, EPA has 
determined that the SIP is fully approved with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In making these proposed determinations, 
EPA ascertained what requirements are applicable to the area, and 
determined that the applicable portions of the SIP meeting these 
requirements are fully approved under section 110(k) of the

[[Page 66320]]

CAA. We note that SIPs must be fully approved only with respect to 
applicable requirements. The September 4, 1992 Calcagni memorandum 
(``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992) describes EPA's interpretation 
of section 107(d)(3)(E) with respect to the timing of applicable 
requirements. Under this interpretation, to qualify for redesignation, 
states requesting redesignation to attainment must meet only the 
relevant CAA requirements that come due prior to the submittal of a 
complete redesignation request. See also Michael Shapiro memorandum, 
September 17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) 
(redesignation of Detroit-Ann Arbor). Applicable requirements of the 
CAA that come due subsequent to the area's submittal of a complete 
redesignation request remain applicable until a redesignation is 
approved, but are not required as a prerequisite to redesignation. 
Section 175A(c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 
2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of St. 
Louis).
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to, the following:
     Submittal of a SIP that has been adopted by the state 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of Part C requirement (Prevention of Significant 
Deterioration (PSD));
     Provisions for the implementation of Part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants in accordance with the NOX SIP Call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25161). However, the 
section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and classification in that 
state. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classification are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state.
    Thus, we do not believe that these requirements should be construed 
to be applicable requirements for purposes of redesignation. In 
addition, EPA believes that the other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. The Commonwealth will still be subject to these 
requirements after the Fredericksburg area is redesignated. The section 
110 and Part D requirements, which are linked with a particular area's 
designation and classification, are the relevant measures to evaluate 
in reviewing a redesignation request. This policy is consistent with 
EPA's existing policy on applicability of conformity (i.e., for 
redesignations) and oxygenated fuels requirements, as well as with the 
policy on the applicability of section 184 ozone transport 
requirements. See Reading, Pennsylvania, proposed and final rulemakings 
61 FR 53174-53176 (October 10, 1996), (62 FR 24816, May 7, 1997); 
Cleveland-Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking at 60 FR 62748, (December 
7, 1995). See also the discussion on this issue in the Cincinnati 
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh 
redesignation (66 FR 50399, October 19, 2001). Similarly, with respect 
to the NOX SIP Call rules, EPA noted in its Phase 1 Final 
Rule to Implement the 8-hour Ozone NAAQS, that the NOX SIP 
Call rules are not ``an `applicable requirement' for purposes of 
section 110(l) because the NOX rules apply regardless of an 
area's attainment or nonattainment status for the 8-hour (or the 1-
hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
Any section 110 requirements that are linked to the Part D requirements 
for 8-hour ozone nonattainment areas are not yet due, because, as 
explained below, no Part D requirements applicable for purposes of 
redesignation under the 8-hour standard became due prior to submission 
of the redesignation request. Therefore EPA concludes that Virginia has 
satisfied the criterion of section 107(d)(3)(E) regarding section 110 
of the Act.
2. Part D Nonattainment Area Requirements Under the 1-Hour Standard and 
EPA's Anti-Backsliding Rules
    Stafford County is the only locality in the Fredericksburg area 
that was subject to ozone requirements for 1-hour ozone nonattainment 
areas. As noted previously, prior to its designation as an 8-hour ozone 
nonattainment area, Stafford County was a part of the Metropolitan 
Washington, DC 1-hour ozone nonattainment area, and therefore, subject 
to SIP requirements for serious and severe ozone nonattainment areas 
pursuant to sections 182 (c) and (d) of the CAA. While, on June 15, 
2005, the 1-hour standard was revoked, 40 CFR 50.9(b), under EPA's 
anti-backsliding rules, areas designated nonattainment for the 1-hour 
standard at the time of the 8-hour ozone designations remained subject 
to certain control measures that applied by virtue of the area's 
classification for the 1-hour ozone NAAQS. (40 CFR 51.900 et seq., see 
also 70 FR 30592, 30604, May 26, 2005). The applicable Part D 1-hour 
ozone standard requirements for purposes of redesignation are those 
that continue to apply under EPA's anti-backsliding rules, which were 
promulgated in conjunction with the implementation of the 8-hour NAAQS. 
(40 CFR 51.900 et seq., as amended 70 FR 30592, 30604 (May 26, 2005)).
    EPA's 8-hour NAAQS implementation rule in 40 CFR 51.905(a)(1) 
prescribes the 1-hour NAAQS requirements that continue to apply after 
revocation of the 1-hour NAAQS to former 1-hour ozone nonattainment 
areas, such as Stafford County. Section 51.905(a)(1)(i) provides that:

    The area remains subject to the obligation to adopt and 
implement the applicable

[[Page 66321]]

requirements as defined in section 51.900(f), except as provided in 
paragraph (a)(1)(iii) of this section, and except as provided in 
paragraph (b) of this section. * * *

    Section 51.900(f), as amended by 70 FR 30592, 30604 (May 26, 2005), 
states that:

    Applicable requirements means for an area the following 
requirements to the extent such requirements apply or applied to the 
area for the area's classification under section 181(a)(1) of the 
CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS:
    (1) Reasonably available control technology (RACT).
    (2) Inspetion and maintenance programs (I/M).
    (3) Major source applicability cut-offs for purposes of RACT.
    (4) Rate of Progress (ROP) reductions.
    (5) Stage II vapor recovery.
    (6) Clean fuels fleet program under section 183(c)(4) of the 
CAA.
    (7) Clean fuels for boilers under section 182(e)(3) of the CAA.
    (8) Transportation Control Measures (TCMs) during heavy traffic 
hours as provided under section 182(e)(4) of the CAA.
    (9) Enhanced (ambient) monitoring under section 182(c)(1) of the 
CAA.
    (10) Transportation control measures (TCMs) under section 
182(c)(5) of the CAA.
    (11) Vehicle miles traveled (VMT) provisions of section 
182(d)(1) of the CAA.
    (12) NOX requirements under section 182(f) of the 
CAA.
    (13) Attainment demonstration or an alternative as provided 
under section 51.905(a)(1)(ii).

    Pursuant to 40 CFR 51.905(c), only the Stafford County portion of 
the Fredericksburg area is subject to the obligations set forth in 
51.905(a) and 51.900(f). At the time Stafford County was designated 
nonattainment for the 8-hour standard, it was part of a 1-hour 
nonattainment area classified as severe. Therefore, two of the 
elements--clean fuels for boilers under section 182(e)(3) and TCMs 
during heavy traffic hours as provided under section 182(e) are not 
applicable requirements for the Stafford County portion of the 
Fredericksburg area. The following paragraphs discuss how the 
applicable requirements have been met.
    With respect to RACT and the major source applicability cut-offs 
for purposes of RACT, EPA has fully approved Virginia's SIP for the 
Washington 1-hour ozone nonattainment area as meeting the requirements 
of sections 182(b)(2), 182(c) and 182(f) of the CAA. On March 12, 1997 
(62 FR 11332), EPA fully approved Virginia's VOC RACT regulation SIP 
revision for control technique guideline (CTG) sources and for non-CTG 
sources which have an applicability threshold of 25 tons per year (tpy) 
or more. On January 2, 2001 (66 FR 8), EPA fully approved Virginia's 
NOX RACT regulation SIP revision which had a major source 
applicability threshold of 50 tpy or more. On August 9, 2004 (69 FR 
48150), EPA fully approved Virginia's SIP revision that lowered the 
major source applicability threshold for its NOX RACT (and 
Part D NSR) regulations to 25 tpy. EPA has fully approved Virginia's 
SIP revisions consisting of source category and individual source RACT 
determinations.\2\ See 62 FR 11332 (March 12, 1997); 62 FR 11334 (March 
12, 1997); 64 FR 3425 (January 22, 1999); 66 FR 8 (January 2, 2001); 69 
FR 48150 (August 9, 2004); 69 FR 54578 (September 9, 2004); 69 FR 54600 
(September 9, 2004); 69 FR 59812 (October 6, 2004); and, 69 FR 72115 
(December 13, 2004).
---------------------------------------------------------------------------

    \2\ Certain sources located in Stafford County applied for and 
received Federally Enforceable State Operating Permits (FESOPs) from 
VADEQ which limited their emissions of VOC and NOX below 
the RACT applicability thresholds. After redesignation, those FESOPs 
will remain applicable requirements of the Virginia SIP.
---------------------------------------------------------------------------

    On September 1, 1999 (64 FR 47670), EPA fully approved Virginia's 
I/M program to meet the enhanced program required in the Washington 1-
hour ozone nonattainment area under section 182(c)(3) of the CAA.
    EPA has fully approved Virginia's SIP revisions that demonstrate 
ROP reductions required in the Washington 1-hour ozone nonattainment 
area. On October 6, 2000 (65 FR 59727), EPA approved Virginia's plan to 
achieve the 15 percent reduction in VOC emissions in the Washington 
area that was required under section 182(b) of the CAA. On May 13, 2005 
(70 FR 25688), EPA fully approved Virginia's ROP plan to achieve 
further ROP reductions in the Washington, area by 1999, 2002 and 2005 
that were required of serious and severe 1-hour ozone nonattainment 
areas under section 182(c)(2) of the CAA.
    On June 23, 1994 (59 FR 32353), EPA approved Virginia's Stage II 
vapor recovery program required in the Washington 1-hour ozone 
nonattainment area under section 182(b)(2) of the CAA.
    On December 28, 1999 (64 FR 72564), EPA fully approved Virginia's 
SIP revision which substituted a national low emission vehicle (NLEV) 
program for the clean fuel fleet program required in the Washington 1-
hour ozone nonattainment area under section 182(c)(4) of the CAA.
    On September 11, 1995, (60 FR 47081), EPA fully approved Virginia's 
SIP revision consisting of an enhanced ambient monitoring program 
required in the Washington 1-hour ozone nonattainment area under 
section 182(c)(1) of the CAA.
    Within six years of November 15, 1990, and every three years 
thereafter, section 182(c)(5) requires States to submit a demonstration 
of whether current aggregate vehicle mileage, aggregate vehicle 
emissions, congestion levels, and other relevant parameters 
(collectively ``relevant parameters'') are consistent with those used 
for the area's demonstration of attainment for serious and above 1-hour 
ozone nonattainment areas. If the levels of relevant parameters that 
are projected in the attainment demonstration are exceeded, a State has 
18 months to develop and submit a revision of the applicable 
implementation plan to include TCMs to reduce emissions to a level 
consistent with emissions levels in the attainment demonstration for 
the area.
    Alternatively, EPA has determined that nonattainment areas are not 
permanently locked into the estimates of future emissions given in the 
initial SIP submittal, nor locked into those in any subsequently 
approved amendment thereto. As we stated in the General Preamble, once 
approved, the amended SIP revision would have the effect of increasing 
the allowable motor vehicle emissions (including those due to changes 
in the relevant parameters). See 57 FR 13498 at 13520 (April 16, 1992). 
Thus if actual emissions exceed those projected in an area's attainment 
demonstration, a State may at any time before the area reaches 
attainment, amend the area's SIP to demonstrate attainment while 
altering the mix of emissions reductions in its SIP from various kinds 
of sources (motor vehicle versus non-motor vehicle), rather than 
include TCMs in the SIP.
    On August 19, 2003, Virginia submitted a SIP revision consisting of 
a demonstration that the Washington 1-hour ozone nonattainment area 
would attain the 1-hour ozone NAAQS by November 15, 2005. See 70 FR 
25688 (May 13, 2005). This SIP revision contained information on the 
relevant parameters current as of June 2003. On February 25, 2004, 
Virginia submitted as a SIP revision a revised attainment demonstration 
and plan for the Washington 1-hour ozone nonattainment area which also 
showed that the Washington 1-hour ozone nonattainment area would attain 
the 1-hour ozone NAAQS by November 15, 2005. See 70 FR 25688 (May 13, 
2005). That February 25, 2004 SIP revision contained information on the 
relevant parameters current as of November 23, 2003. On May 13, 2005 
(70 FR 25688), EPA fully approved Virginia's February

[[Page 66322]]

25, 2004 attainment demonstration and plan SIP revision for the 
Washington 1-hour ozone nonattainment. In the February 25, 2004 SIP 
revision, the relevant parameters remained consistent with the 
demonstration of attainment by relying on a mix of emissions reductions 
from motor vehicle and non-motor vehicle emission reduction without 
need to resort to TCMs.
    EPA therefore concludes that Virginia has complied with the 
substance of section 182(c)(5), has no currently due 182(c)(5) 
obligations, and by virtue of EPA's approval of the February 25, 2004 
attainment demonstration and plan SIP revision, has never triggered an 
obligation under 182(c)(5) to include TCMs in its SIP for the 
Washington 1-hour ozone area. Additionally, in line with EPA's guidance 
and policy regarding what is an applicable Part D requirement under 
section 107 of the CAA that was discussed previously in this document, 
EPA believes that any future activities, which may be required under 
section 182(c)(5), e.g., the next or subsequent triennial demonstration 
of the relevant parameters, for the former Washington 1-hour ozone 
nonattainment area did not come due before Virginia submitted its 
redesignation request and therefore are not applicable Part D 
requirements with respect to the approval of Virginia's request to 
redesignate the Fredericksburg area to attainment of the 8-hour ozone 
NAAQS.
    On May 13, 2005 (70 FR 25688), EPA fully approved Virginia's SIP 
revision for the Washington 1-hour ozone nonattainment area that 
implemented the VMT provisions of section 182(d)(1) of the CAA.
    With respect to NOX requirements under section 182(f) of 
the CAA, as discussed above, EPA has fully approved Virginia's SIP 
revision implementing the NOX RACT requirements in the 
Washington 1-hour ozone nonattainment area. For the Stafford County 
portion of the Fredericksburg area, EPA has fully approved, pursuant to 
section 110(k), Virginia's Part D NSR program that meets the 
requirements for a severe ozone nonattainment area set under Part D of 
Title I of the CAA. The Virginia Part D NSR program covers major 
sources of NOX as well as VOC. See 64 FR 51047 (September 
21, 1999); 65 FR 21315 (April 21, 2000); and, 69 FR 48150 (August 9, 
2004).
    On August 9, 2004 (69 FR 48150), EPA fully approved Virginia's SIP 
revision that lowered the major source applicability threshold for its 
NOX RACT (and Part D NSR) regulations to 25 tpy.
    On May 13, 2005 (70 FR 25688), EPA fully approved Virginia's 1-hour 
ozone attainment demonstration SIP revision for the Washington 1-hour 
ozone nonattainment area.
    In its May 2, 2005 redesignation request, Virginia identified 
certain SIP revisions as pending before EPA. As explained previously, 
EPA has since approved all those SIP revisions which are applicable 
Part D requirements. The remainder of these SIP revisions are not 
needed to fulfill an applicable Part D requirement for the 
Fredericksburg area. These other non-Part D SIP revisions propose to 
amend the Virginia SIP. EPA will approve these SIP revisions only if 
they meet the applicable requirements of the CAA and EPA's regulations, 
including but not limited to EPA's rules for the transition from the 1-
hour to the 8-hour NAAQS under 40 CFR part 51, subpart X.
    Thus EPA believes that Virginia has met all applicable Part D 
requirements under the 1-hour standard for purposes of redesignation 
under the 8-hour standard.
3. Part D Nonattainment Area Requirements Under the 8-Hour Standard
    The Fredericksburg area was designated a moderate nonattainment 
area for the 8-hour ozone standard. Sections 172-176 of the CAA, found 
in subpart 1 of Part D, set forth the basic nonattainment requirements 
for all nonattainment areas. Section 182 of the CAA, found in subpart 2 
of Part D, establishes additional specific requirements depending on 
the area's nonattainment classification. For a moderate nonattainment 
area for the 8-hour ozone standard, such as the Fredericksburg area, 
section 182(b) sets forth requirements. Section 184 also sets forth 
additional requirements for Stafford County, due to its location within 
the Ozone Transport Region (OTR). With respect to the 8-hour standard, 
EPA proposes to determine that the Virginia SIP meets all applicable 
SIP requirements under Part D of the CAA, because no 8-hour ozone 
standard Part D requirements applicable for purposes of redesignation 
became due prior to submission of the area's redesignation request.
    In addition to the fact that Part D requirements applicable for 
purposes of redesignation did not become due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
conformity, NSR, and OTR requirements as not requiring approval prior 
to redesignation.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that Federally supported or funded projects 
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. and the Federal Transit Act (``transportation conformity'') as 
well as to all other Federally supported or funded projects (``general 
conformity''). State conformity revisions must be consistent with 
Federal conformity regulations relating to consultation, enforcement 
and enforceability that the CAA required the EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation and Federal conformity 
rules apply where state rules have not been approved. See Wall v. EPA, 
265 F. 3d 426, 438-440 (6th Cir. 2001), upholding this interpretation. 
See also 60 FR 62748 (Dec. 7, 1995, Tampa FL).
    EPA has also determined that areas being redesignated need not 
comply with the requirement that a NSR program be approved prior to 
redesignation, provided that the area demonstrates maintenance of the 
standard without Part D NSR in effect, since PSD requirements will 
apply after redesignation. The rationale for this view is described in 
a memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements 
or Areas Requesting Redesignation to Attainment.'' Virginia has 
demonstrated that the area will be able to maintain the standard 
without Part D NSR in effect in the City of Fredericksburg and 
Spotsylvania County, and therefore, Virginia need not have a fully 
approved Part D NSR program prior to approval of the redesignation 
request. Virginia's PSD program will become effective in the area upon 
redesignation to attainment in the City of Fredericksburg and 
Spotsylvania County. See rulemakings for Detroit, MI (60 FR 12467-
12468, March 7, 1995); Cleveland-Akron-Lorrain, OH (61 FR 20458, 20469-
70, May 7, 1996); Louisville, KY (66 FR 53665, October 23, 2001); Grand 
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
    As to Stafford County, which is located in the OTR, nonattainment 
NSR requirements will continue to be applicable. EPA has also 
interpreted the section 184 OTR requirements,

[[Page 66323]]

including NSR, as not being applicable for purposes of redesignation. 
The rationale for this is based on two factors. First, the requirement 
to submit SIP revisions for the section 184 requirements continues to 
apply to areas in the OTR after redesignation to attainment. Therefore 
the Commonwealth remains obligated to have NSR, as well as RACT, and 
Vehicle I/M programs in Stafford County even after redesignation. 
Second, the section 184 control measures are region-wide requirements 
and do not apply to the area by virtue of its designation and 
classification. See 61 FR 53174, 53175-53176 (October 10, 1996) and 62 
FR 24826, 24830-32 (May 7, 1997).
    In any event, as discussed previously, EPA has fully approved 
Virginia's RACT, I/M and Part D nonattainment NSR SIP revisions for the 
Stafford County, the only part of the Fredericksburg area inside the 
OTR. Also, as noted previously, Virginia's approved RACT SIP sets the 
major source applicability thresholds for both VOC and NOX 
at 25 tpy which are well below the 50 and 100 tpy applicability 
thresholds required in the OTR for VOC sources and NOX 
sources, respectively.
    EPA also notes that for the Stafford County portion of the 
Fredericksburg area EPA has fully approved under section 110(k) 
Virginia's nonattainment NSR program that met the requirements for a 
severe 1-hour ozone nonattainment area. See 65 FR 21315 (April 21, 
2000) as amended by 64 FR 51047 (September 21, 1999) (recodification) 
and by 69 FR 32928, June 14, 2004. Consequently Stafford County's 
approved NSR program satisfies the NSR requirements applicable in the 
OTR. Thus, EPA proposes to find that the Fredericksburg area has 
satisfied all 8-hour ozone standard requirements applicable for 
purposes of section 107(d)(3)(E) under Part D of the CAA.
4. The Area Has a Fully Approved Applicable SIP Under Section 110(k) of 
the CAA
    EPA has fully approved the applicable Virginia SIP for the area 
under section 110(k) of the Clean Air Act. EPA may rely on prior SIP 
approvals in approving a redesignation request. Calcagni Memo, p. 3; 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F. 3d 984, 
989-90 (6th Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) plus 
any additional measures it may approve in conjunction with a 
redesignation action. See 68 FR 25425 (May 12, 2003) and citations 
therein. Virginia has adopted and submitted and EPA has fully approved 
at various times provisions addressing the various 1-hour ozone 
standard SIP elements applicable for purposes of redesignation, in the 
Stafford portion of the Fredericksburg area. As indicated above, EPA 
believes that the section 110 elements not connected with nonattainment 
plan submissions and not linked to the area's nonattainment status are 
not applicable requirements for purposes of redesignation. EPA also 
believes that no 8-hour Part D requirements applicable for purposes of 
redesignation have yet become due, and therefore they need not be 
approved into the SIP prior to redesignation.

C. The Air Quality Improvement in the Fredericksburg Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    EPA believes that the Commonwealth has demonstrated that the 
observed air quality improvement in the area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, Federal measures, and other state-adopted measures. EPA 
approved Virginia's SIP control strategy for the Fredericksburg area, 
including enforceable rules and the emissions reductions achieved as a 
result of those rules. Emissions reductions attributable to these rules 
are shown in Table 3.

                          Table 3.--Total VOC and NOX Emissions for 2002 and 2004 (tpd)
----------------------------------------------------------------------------------------------------------------
                      Year                          Point        Area*       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
Year 2002......................................        0.563       13.487        3.545       13.054       30.649
Year 2004......................................        0.602       14.070        3.304       11.298       29.274
Diff. (02-04)..................................        0.039        0.583       -0.241       -1.756       -1.375
------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Year 2002......................................        0.178        3.258        3.717       22.498       29.651
Year 2004......................................        0.179        3.465        3.601       19.742       26.987
Diff. (02-04)..................................        0.001        0.207       -0.116       -2.756      -2.664
----------------------------------------------------------------------------------------------------------------
* Area source category includes emissions from motor vehicle refueling.

    Between 2002 and 2004, VOC emissions were reduced by 1.4 tpd, and 
NOX emissions were reduced by 2.7 tpd, due to the following 
permanent and enforceable measures implemented or in the process of 
being implemented in the Fredericksburg area:
Programs Currently in Effect
    (a) National Low Emission Vehicle (NLEV);
    (b) Open burning restrictions for Stafford County only;
    (c) CTG RACT requirements for Stafford County only;
    (d) Non-CTG RACT requirements for Stafford County only;
    (e) Stage I and Stage II vapor recovery requirements for Stafford 
County only;
    (f) Reformulated gasoline (RFG) requirements for Stafford County 
only;
    (g) Area source VOC regulations concerning portable fuel 
containers; mobile vehicle refinishing; architectural and industrial 
maintenance coatings; solvent cleaning; and, consumer products for 
Stafford County only;
    (h) Motor vehicle fleet turnover with new vehicles meeting the Tier 
2 standards; and,
    (i) Low-sulfur gasoline.
    Virginia has demonstrated that the implementation of permanent 
enforceable emissions controls have reduced local VOC and 
NOX emissions. Nearly all of these reductions are 
attributable to mobile source emission controls such as NLEV and Tier I 
programs. Additionally, Virginia has indicated in its submittal that 
the NOX SIP Call took effect in 2004. While there are no 
subject sources currently located in the City of Fredericksburg, 
Stafford County or Spotsylvania County, Virginia expects to indirectly 
benefit in terms of

[[Page 66324]]

improved air quality due to this program. EPA believes that permanent 
and enforceable emissions reductions are the cause of the long-term 
improvement in ozone levels and are the cause of the area achieving 
attainment of the 8-hour ozone standard.

D. The Fredericksburg Area Has a Fully Approvable Maintenance Plan 
Pursuant to Section 175A of the CAA

    In conjunction with its request to redesignate the Fredericksburg 
area to attainment status, Virginia submitted a SIP revision to provide 
for maintenance of the 8-hour ozone NAAQS in the area for at least 10 
years after redesignation.
1. What Is Required in a Maintenance Plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, the Commonwealth must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation, as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions:
    (a) An attainment emissions inventory;
    (b) A maintenance demonstration;
    (c) A monitoring network;
    (d) Verification of continued attainment; and
    (e) A contingency plan.
2. Analysis of the Fredericksburg Area Maintenance Plan
    (a) Attainment Inventory--An attainment inventory includes the 
emissions during the time period associated with the monitoring data 
showing attainment. The VADEQ determined that the appropriate 
attainment inventory year is 2004. That year establishes a reasonable 
year within the 3-year block of 2002-2004 as a baseline and accounts 
for reductions attributable to implementation of the CAA requirements 
to date.
    The VADEQ prepared comprehensive VOC and NOX emissions 
inventories for the City of Fredericksburg, Spotsylvania County, and 
Stafford County, including point (sources with emissions over 10 tons 
per year or greater), area, mobile on-road, and mobile non-road sources 
for a base year of 2002. All inventories are based on actual emissions 
for a ``typical summer day'' and consist of a list of sources and their 
associated emissions. An attainment year of 2004 was used for the 
Fredericksburg area since it is a reasonable year within the 3-year 
block of 2002-2004 and accounts for reductions attributable to 
implementation of the CAA requirements to date. Because an actual 
emissions inventory for point sources has not yet been completed for 
2004, the actual 2002 emissions inventory was used as a starting point 
and then projected to 2004 using Economic Growth Analysis System (EGAS 
5.0).
    To develop the NOX and VOC base year emissions 
inventories, VADEQ used the following approaches and sources of data:
    (i) Point source emissions are recorded and maintained 
electronically in the VADEQ's Comprehensive Environmental Data System 
(CEDS). The emissions for these sources are updated annually by 
collecting year-specific emissions and/or activity level information. 
While developing the emissions inventory, a cutoff emissions level of 
10 tpy of ozone precursor pollutants was used to determine whether a 
source was included in these inventories. Smaller emissions sources 
were assumed to be included in the area source emissions inventories.
    (ii) Area source emissions were developed using the 2002 periodic 
year stationary area source emissions inventories along with growth 
factors. Before attempting to calculate the growth factors, VADEQ 
determined the appropriate annual growth rate representative of each 
industry or indicator. ``Growth Rate'' refers to the annual percentage 
of growth that occurs in a category per year. The area source growth 
rate estimates also involve the use of current local source data, 
including area populations and employment data by source type.
    (iii) The process of estimating on-road mobile source emissions 
consists of two components: Vehicular-related activity (i.e., VMT) and 
an average rate of pollutant produced as a result of a particular level 
of activity. A pollutant emission rate associated with a particular 
level of activity emissions were estimated using MOBILE6.2 emissions 
factors. The VADEQ has provided detailed data summaries to document the 
calculations of mobile on-road VOC and NOX emissions for 
2002, as well as for the projection years of 2004, 2009, and 2015 
(shown in tables 4 and 5 below).
    (iv) Mobile non-road emissions were calculated using the NONROAD 
model that incorporates EPA's recent regulations affecting these engine 
types (recreational vehicles, lawn and garden equipment, and outdoor 
power equipment) well into the future. The VADEQ used the NONROAD model 
to calculate emissions for all nonroad engine types except for 
aircraft, locomotives, and commercial marine vessels which were 
inventoried separately. The VADEQ's nonroad inputs are based on the 
required RFG and the Stage II vapor recovery systems in Stafford 
County, while the City of Fredericksburg and Spotsylvania County's non-
road inputs are based on southern-grade conventional gasoline.
    The 2004 attainment year VOC and NOX emissions for the 
Fredericksburg area are summarized along with the 2009 and 2015 
projected emissions for this area in Tables 4 and 5 below, which covers 
the demonstration of maintenance for this area. EPA has concluded that 
the Commonwealth has adequately derived and documented the 2004 
attainment year VOC and NOX emissions for this area.
    (b) Maintenance Demonstration--On May 4, 2005, the VADEQ submitted 
a SIP revision to supplement its May 2, 2005 redesignation request. The 
submittal by VADEQ consists of the maintenance plan as required by 
section 175A of the CAA. This plan shows maintenance of the 8-hour 
ozone NAAQS by demonstrating that current and future emissions of VOC 
and NOX remain at or below the attainment year 2004 
emissions levels throughout the Fredericksburg area through the year 
2015. A maintenance demonstration need not be based on modeling. See 
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001); Sierra Club v. EPA, 375 F.3d 
537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 
2001), 68 FR 25430-32 (May 12, 2003).
    Tables 4 and 5 specify the VOC and NOX emissions for the 
Fredericksburg area for 2004, 2009, and 2015. The VADEQ chose 2009 as 
an interim year in the 10-year maintenance demonstration period to 
demonstrate that the VOC and NOX emissions are not projected 
to increase above the 2004 attainment level during the time of the 10-
year maintenance period.

[[Page 66325]]



            Table 4.--Total VOC Emissions for 2004-2015 (tpd)
------------------------------------------------------------------------
                                          2004 VOC   2009 VOC   2015 VOC
            Source category              emissions  emissions  emissions
------------------------------------------------------------------------
Mobile \1\.............................     11.298      8.346      7.334
Nonroad................................      3.304      2.555      2.231
Area \2\...............................     14.070     13.161     15.303
Point..................................      0.602      0.692      0.782
                                        ------------
  Total................................     29.274     24.754    25.650
------------------------------------------------------------------------
\1\ Includes transportation conformity provisions.
\2\ Includes vehicle refueling emissions and the benefits of selected
  local controls (Stage I, CTG RACT, and open burning).


              Table 5.--Total NOX Emissions 2004-2015 (tpd)
------------------------------------------------------------------------
                                          2004 NOX   2009 NOX   2015 NOX
            Source category              emissions  emissions  emissions
------------------------------------------------------------------------
Mobile \1\.............................     19.742     12.062      7.576
Nonroad................................      3.601      3.080      2.195
Area \2\...............................      3.465      3.926      4.742
Point..................................      0.179      0.180      0.182
                                        ------------
  Total................................     26.987     20.248    14.695
------------------------------------------------------------------------
\1\ Includes transportation conformity provisions.
\2\ Includes selected local controls (open burning).

    Additionally, the following mobile programs are either effective or 
due to become effective and will further contribute to the maintenance 
demonstration of the 8-hour ozone NAAQS:
     Heavy duty diesel on-road (2004/2007) and low-sulfur on-
road (2006); (January 18, 2001, 66 FR 5002); and
     Non-road emissions standards (2008) and off-road diesel 
fuel (2007/2010); (June 29, 2004, 69 FR 39858).
    Lastly, to further improve air quality and to ensure continued 
attainment by maintaining emissions in the area at or below 2004 
levels, the Commonwealth of Virginia has initiated rulemaking to 
implement the following programs:
     Stage I Vapor Recovery requirements in Fredericksburg and 
Spotsylvania;
     Open burning restriction requirements in Fredericksburg 
and Spotsylvania; and
     VOC RACT requirements for CTG--subject sources in 
Fredericksburg and Spotsylvania.
    In addition to the above permanent and enforceable measures, CAIR 
should have positive impacts on the Commonwealth's air quality by the 
years 2009 and 2015.
    Based on the comparison of the projected emissions and the 
attainment year emissions along with the additional mea