Air Plan Approval; Virginia; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Richmond-Petersburg Area, 2050-2057 [2023-00091]
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0870; FRL–9148–01–
R3]
Air Plan Approval; Virginia; 1997 8Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Richmond-Petersburg
Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision pertains to the
Commonwealth’s plan, submitted by the
Virginia Department of Environmental
Quality (VADEQ), for maintaining the
1997 8-hour ozone national ambient air
quality standards (NAAQS) (referred to
as the ‘‘1997 ozone NAAQS’’) in the
Richmond, Virginia Area (RichmondPetersburg Area). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before February 13, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2022–0870 at
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
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SUMMARY:
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Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Blvd., Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2053. Ms. Nichols
can also be reached via electronic mail
at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 21, 2021, the VADEQ
submitted a revision to the Virginia SIP
to incorporate a plan for maintaining the
1997 ozone NAAQS in the RichmondPetersburg Area through December 31,
2028, in accordance with CAA section
175A.
I. Background
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. 44 FR 8202 (February
8, 1979). On July 18, 1997 (62 FR
38856),1 EPA revised the primary and
secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient
air at 0.08 ppm, averaged over an 8-hour
period. EPA set the 1997 ozone NAAQS
based on scientific evidence
demonstrating that ozone causes
adverse health effects at lower
concentrations and over longer periods
of time than was understood when the
pre-existing 1-hour ozone NAAQS was
set.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 30, 2004 (69 FR
23858), EPA designated the RichmondPetersburg Area as nonattainment for
the 1997 ozone NAAQS. The RichmondPetersburg Area consists of the counties
of Charles City, Chesterfield, Hanover,
Henrico, and Prince George, and the
cities of Colonial Heights, Hopewell,
Richmond, and Petersburg.
Once a nonattainment area has three
years of complete and certified air
quality data that has been determined to
attain the NAAQS, and the area has met
the other criteria outlined in CAA
section 107(d)(3)(E),2 the state can
1 In March 2008, EPA completed another review
of the primary and secondary ozone standards and
tightened them further by lowering the level for
both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a
review of the primary and secondary ozone
standards and tightened them by lowering the level
for both to 0.70 ppm. 80 FR 65292 (October 26,
2015).
2 The requirements of CAA section 107(d)(3)(E)
include attainment of the NAAQS, full approval
under section 110(k) of the applicable SIP,
determination that improvement in air quality is a
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submit a request to EPA to redesignate
the area to attainment. Areas that have
been redesignated by EPA from
nonattainment to attainment are referred
to as ‘‘maintenance areas.’’ One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the standard for
the period extending 10 years after
redesignation, and it must contain such
additional measures as necessary to
ensure maintenance as well as
contingency measures as necessary to
assure that violations of the standard
will be promptly corrected.
On June 1st, 2007 (72 FR 30485), EPA
approved a redesignation request (and
maintenance plan) from VADEQ for the
Richmond-Petersburg Area for the 1997
ozone NAAQS. In accordance with
section 175A(b), at the end of the eighth
year after the effective date of the
redesignation, the state must also
submit a second maintenance plan to
ensure ongoing maintenance of the
standard for an additional 10 years.
EPA’s final implementation rule for
the 2008 ozone NAAQS revoked the
1997 ozone NAAQS and provided that
one consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 ozone NAAQS no longer
needed to submit second 10-year
maintenance plans under CAA section
175A(b).3 See 80 FR 12315 (March 6,
2015). However, in South Coast Air
Quality Management District v. EPA 4
(South Coast II), the United States Court
of Appeals for the District of Columbia
(D.C. Circuit) vacated EPA’s
interpretation that, because of the
revocation of the 1997 ozone standard,
second maintenance plans were not
required for ‘‘orphan maintenance
areas,’’ (i.e., areas like the RichmondPetersburg Area) that had been
redesignated to attainment for the 1997
ozone NAAQS and were designated
attainment for the 2008 ozone NAAQS.
Thus, states with these ‘‘orphan
maintenance areas’’ under the 1997
ozone NAAQS must submit
maintenance plans for the second
maintenance period.
As previously discussed, CAA section
175A sets forth the criteria for adequate
maintenance plans. In addition, EPA
result of permanent and enforceable reductions in
emissions, demonstration that the state has met all
applicable section 110 and part D requirements, and
a fully approved maintenance plan under CAA
section 175A.
3 See 80 FR 12315 (March 6, 2015).
4 882 F.3d 1138 (D.C. Cir. 2018).
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has published longstanding guidance 5
that provides further insight on the
content of an approvable maintenance
plan, explaining that a maintenance
plan should address five elements: (1)
an attainment emissions inventory; (2) a
maintenance demonstration; (3) a
commitment for continued air quality
monitoring; (4) a process for verification
of continued attainment; and (5) a
contingency plan. The 1992 Calcagni
Memo 6 provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that future emissions of a pollutant and
its precursors will not exceed the level
of emissions during a year when the
area was attaining the NAAQS (i.e.,
attainment year inventory). See 1992
Calcagni Memo at p. 9. EPA further
clarified in three subsequent guidance
memos describing ‘‘limited maintenance
plans’’ (LMPs) 7 that the requirements of
CAA section 175A could be met by
demonstrating that the area’s design
value 8 was well below the NAAQS and
that the historical stability of the area’s
air quality levels showed that the area
was unlikely to violate the NAAQS in
the future. Specifically, EPA believes
that if the most recent air quality design
value for the area is at a level that is
below 85% of the standard, or in this
case below 0.071 ppm, then EPA
considers the state to have met the
section 175A requirement for a
demonstration that the area will
maintain the NAAQS for the requisite
period. Accordingly, on September 21,
2021, VADEQ submitted an LMP for the
Richmond-Petersburg Area, following
EPA’s LMP guidance and demonstrating
that the area will maintain the 1997
ozone NAAQS through December 31,
2028, i.e., through the entire 20-year
maintenance period.
II. Summary of SIP Revision and EPA
Analysis
VADEQ’s September 21, 2021
submittal outlines a plan for continued
maintenance of the 1997 ozone NAAQS
which addresses the criteria set forth in
EPA guidance, including the 1992
Calcagni Memo as follows.
A. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive and accurate
inventory of actual emissions for an
2051
attainment year which identifies the
level of emissions in the area which is
sufficient to maintain the NAAQS. The
inventory should be developed
consistent with EPA’s most recent
guidance. For ozone, the inventory
should be based on typical summer
day’s emissions of nitrogen oxides
(NOX) and volatile organic compounds
(VOC), the precursors to ozone
formation. In the first maintenance plan
for the Richmond-Petersburg Area,
VADEQ used 2005 for the attainment
year inventory, because 2005 was one of
the years in the 2003–2005 three-year
period when the area first attained the
1997 ozone NAAQS.9 The RichmondPetersburg Area continued to monitor
attainment of the 1997 ozone NAAQS in
2014. Therefore, the emissions
inventory from 2014 represents
emissions levels conducive to continued
attainment (i.e., maintenance) of the
NAAQS. Thus, VADEQ is using 2014 as
representing attainment level emissions
for its second maintenance plan.
Virginia used 2014 summer day
emissions from EPA’s 2014 version 7.0
modeling platform as the basis for the
2014 inventory presented in Table 1 in
this document.10
TABLE 1—2014 TYPICAL SUMMER DAY NOX AND VOC EMISSIONS FOR THE RICHMOND-PETERSBURG AREA IN TONS/DAY
Area
Source category
Charles City County ...................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Chesterfield County ...................................................
Colonial Heights City .................................................
Hanover County .........................................................
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Henrico County ..........................................................
5 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
6 ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (1992
Calcagni Memo).
7 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
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Sally L. Shaver, Office of Air Quality Planning and
Standards (OAQPS), dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001.
8 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone nonattainment area
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NOX emissions
0.00
0.27
0.35
0.30
0.44
0.01
1.86
2.35
9.66
8.44
0.00
0.09
0.05
0.80
0.00
0.01
1.08
1.37
7.19
1.96
0.00
2.04
3.37
10.61
VOC emissions
0.00
0.37
0.91
0.21
0.27
0.08
9.10
2.60
6.09
3.28
0.00
0.48
0.09
0.40
0.00
0.08
3.85
2.07
2.56
1.45
0.00
8.54
1.89
5.85
is the highest design value of any monitoring site
in the area.
9 For more information, see EPA’s April 12, 2007
document proposing to redesignate the RichmondPetersburg Area to attainment for the 1997 ozone
NAAQS, and the associated May 10, 2007 notice
correcting table 5 in the proposal (72 FR 18434, 72
FR 26581).
10 For more information, visit www.epa.gov/sites/
production/files/2018–11/ozone_1997_naaqs_
emiss_inv_data_nov_19_2018_0.xlsx.
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TABLE 1—2014 TYPICAL SUMMER DAY NOX AND VOC EMISSIONS FOR THE RICHMOND-PETERSBURG AREA IN TONS/
DAY—Continued
Area
Source category
Hopewell City .............................................................
Petersburg City ..........................................................
Prince George County ...............................................
Richmond City ...........................................................
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The data shown in Table 1 in this
document is based on the 2014 National
Emissions Inventory (NEI) version 2.11
The inventory addresses four
anthropogenic emission source
categories: Stationary (point) sources,
stationary nonpoint (area) sources,
nonroad mobile, and onroad mobile
sources. Point sources are stationary
sources that have the potential to emit
more than 100 tons per year (tpy) of
VOC, or more than 50 tpy of NOX, and
which are required to obtain an
operating permit. The point source
sector includes large industrial
operations that are relatively few in
number but have large emissions, such
as kraft mills, electrical generating units,
and pharmaceutical factories. Nonpoint
sources include emissions from
equipment, operations, and activities
that are numerous and in total have
significant emissions. Examples include
emissions from commercial and
consumer products, portable fuel
containers, home heating, repair and
11 The NEI is a comprehensive and detailed
estimate of air emissions of criteria pollutants,
criteria precursors, and hazardous air pollutants
from air emissions sources. The NEI is released
every three years based primarily upon data
provided by State, Local, and Tribal air agencies for
sources in their jurisdictions and supplemented by
data developed by EPA.
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Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
Fire ............................................................................
Nonpoint ....................................................................
Nonroad .....................................................................
Onroad .......................................................................
Point ..........................................................................
refinishing operations, and crematories.
The nonroad emissions sector includes
emissions from engines that are not
primarily used to propel transportation
equipment, such as generators, forklifts,
and marine pleasure craft. The onroad
emissions sector includes emissions
from engines used primarily to propel
equipment on highways and other
roads, including passenger vehicles,
motorcycles, and heavy-duty diesel
trucks. The fire emissions sector
includes emissions from agricultural
burning, prescribed fires, wildfires, and
other types of fires. Data are collected
for each source at a facility and reported
to VADEQ. EPA reviewed the emissions
inventory submitted by VADEQ and
proposes to conclude that the plan’s
inventory is acceptable for the purposes
of a subsequent maintenance plan under
CAA section 175A(b).
B. Maintenance Demonstration
In order to attain the 1997 ozone
NAAQS, the three-year average of the
fourth-highest daily average ozone
concentration (design value, or ‘‘DV’’) at
each monitor within an area must not
exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, appendix I, the standard is
attained if the DV is 0.084 ppm or
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NOX emissions
Frm 00024
Fmt 4702
Sfmt 4702
1.26
0.00
0.04
0.09
0.55
26.62
<0.01
0.48
0.10
1.54
0.17
0.03
0.67
0.48
2.75
0.14
0.00
1.34
0.87
7.09
4.56
VOC emissions
0.29
0.00
0.52
0.16
0.45
2.48
0.00
1.25
0.14
0.84
0.01
0.31
1.03
1.18
1.03
0.01
0.00
6.59
1.37
4.40
1.27
below. CAA section 175A requires a
demonstration that the area will
continue to maintain the NAAQS
throughout the duration of the requisite
maintenance period. Consistent with the
prior guidance documents discussed
previously in this document as well as
EPA’s November 20, 2018 ‘‘Resource
Document for 1997 Ozone NAAQS
Areas: Supporting Information for States
Developing Maintenance Plans’’ (2018
Resource Document),12 EPA believes
that if the most recent DV for the area
is well below the NAAQS (e.g., below
85%, or in this case below 0.071 ppm),
the section 175A demonstration
requirement has been met, provided that
prevention of significant deterioration
requirements, any control measures
already in the SIP, and any Federal
measures remain in place through the
end of the second 10-year maintenance
period (absent a showing consistent
with section 110(l) that such measures
are not necessary to assure
maintenance).
12 This resource document is included in the
docket for this rulemaking available online at
www.regulations.gov, Docket ID: EPA–R03–OAR–
2022–0870 and is also available at www.epa.gov/
sites/production/files/2018-11/documents/ozone_
1997_naaqs_lmp_resource_document_nov_20_
2018.pdf.
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For the purposes of demonstrating
continued maintenance with the 1997
ozone NAAQS, VADEQ provided 3-year
DVs at monitors located in the
Richmond-Petersburg Area from 2001 to
2020. This includes DVs at monitors for
2001–2003, 2002–2004, 2003–2005,
2004–2006, 2005–2007, 2006–2008,
2007–2009, 2008–2010, 2009–2011,
2010–2012, 2011–2013, 2012–2014,
2013–2015, 2014–2016, 2015–2017,
2016–2018, 2017–2019, and 2018–2020,
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which are shown in Table 2 in this
document.13 In addition, EPA has
reviewed the most recent ambient air
quality monitoring data for ozone in the
Richmond-Petersburg Area, as
submitted by Virginia and recorded in
EPA’s Air Quality System. The most
recent DVs (i.e., 2019–2021) at monitors
located in the Richmond-Petersburg
Area are as follows: Chesterfield
County, 0.058 ppm; Henrico County
0.060 ppm; Hanover County, 0.058 ppm;
Charles City, 0.058 ppm.14
13 See also Figure 2 of VADEQ’s September 21,
2021 submittal, included in the docket for this
rulemaking available online at
www.regulations.gov, Docket ID: EPA–R03–OAR–
2022–0870.
14 This data is also included in the docket for this
rulemaking available online at
www.regulations.gov, Docket ID: EPA–R03–OAR–
2022–0870 and is also available at www.epa.gov/airtrends/air-quality-design-values#report.
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Chesterfield ...................
Henrico ..........................
Hanover .........................
Charles City ...................
County
................
................
................
................
AQS Site ID
.086
.09
.094
.091
2001–
2003
.082
.085
.09
.087
2002–
2004
.077
.08
.082
.079
2003–
2005
.076
.081
.081
.08
2004–
2006
.077
.085
.081
.082
2005–
2007
.078
.085
.08
.083
2006–
2008
.074
.078
.075
.077
2007–
2009
.075
.076
.075
.075
2008–
2010
.072
.074
.073
.075
2009–
2011
.075
.078
.076
.079
2010–
2012
.069
.073
.072
.073
2011–
2013
.066
.068
.068
.067
2012–
2014
.062
.063
.063
.062
2013–
2015
.062
.064
.062
.063
2014–
2016
.062
.065
.063
.061
2015–
2017
.06
.066
.064
.063
2016–
2018
TABLE 2—1997 OZONE NAAQS DESIGN VALUES IN PARTS PER MILLION FOR THE RICHMOND-PETERSBURG AREA
51–041–0004
51–087–0014
51–085–0003
51–036–0002
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.059
.065
.063
.062
2017–
2019
.057
.061
.06
.059
2018–
2020
.058
.06
.058
.058
2019–
2021
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Additionally, states can support the
demonstration of continued
maintenance by showing stable or
improving air quality trends. According
to EPA’s 2018 Resource Document,
several kinds of analyses can be
performed by states wishing to make
such a showing. One approach is to take
the most recent DV at a monitor located
in the area and add the maximum
design value increase (over one or more
consecutive years) that has been
observed in the area over the past
several years. For an area with multiple
monitors, the highest of the most recent
DVs should be used. A sum that does
not exceed the level of the 1997 ozone
NAAQS may be a good indicator of
expected continued attainment. The
largest increase in DVs at a monitor
located in the Richmond-Petersburg
Area was 0.004 ppm, which occurred
between the 2004–2006 (0.081 ppm) and
2005–2007 (0.085 ppm) DVs at the
Henrico monitoring site. Adding 0.004
ppm to the highest DV for the 2018–
2020 period (0.061 ppm) results in 0.065
ppm, a sum that is still below the 1997
ozone NAAQS.
DVs at all monitors located in the
Richmond-Petersburg Area have been
below 85% of the 1997 ozone NAAQS
(i.e., 0.071 ppm or 71 ppb) since the
2012–2014 period. Additional
supporting information that the area is
expected to continue to maintain the
standard can be found in projections of
future year DVs that EPA recently
completed to assist states with the
development of interstate transport SIPs
for the 2015 8-hour ozone NAAQS.
Those projections, made for the year
2023, show that the highest DV at a
monitor located in the RichmondPetersburg Area is expected to be 0.062
ppm.15 Therefore, EPA proposes to
U.S. EPA, ‘‘Air Quality Modeling Technical
Support Document for the Updated 2023 Projected
Ozone Design Values’’, Office of Air Quality
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15 See
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determine that future violations of the
1997 ozone NAAQS in the RichmondPetersburg Area are unlikely.
C. Continued Air Quality Monitoring
and Verification of Continued
Attainment
Once an area has been redesignated to
attainment, the state remains obligated
to maintain an air quality network in
accordance with 40 CFR part 58, in
order to verify the area’s attainment
status. In the September 21, 2021
submittal, VADEQ commits to continue
to operate their air monitoring network
in accordance with 40 CFR part 58.
VADEQ also commits to track the
attainment status of the RichmondPetersburg Area for the 1997 ozone
NAAQS through the review of air
quality and emissions data during the
second maintenance period. EPA has
analyzed the commitments in VADEQ’s
submittal and is proposing to determine
that they meet the requirements for
continued air quality monitoring and
verification of continued attainment.
D. Contingency Plan
The contingency plan provisions are
designed to promptly correct or prevent
a violation of the NAAQS that might
occur after redesignation of an area to
attainment. Section 175A of the CAA
requires that a maintenance plan
include such contingency measures as
EPA deems necessary to assure that the
state will promptly correct a violation of
the NAAQS that occurs after
redesignation. The maintenance plan
should identify the contingency
measures to be adopted, a schedule and
procedure for adoption and
implementation of the contingency
measures, and a time limit for action by
the state. The state should also identify
Planning and Standards, dated June 2018, available
at www.epa.gov/sites/default/files/2018–06/
documents/aq_modelingtsd_updated_2023_
modeling_o3_dvs.pdf.
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2055
specific indicators to be used to
determine when the contingency
measures need to be adopted and
implemented. The maintenance plan
must require that the state will
implement all pollution control
measures that were contained in the SIP
before redesignation of the area to
attainment. See section 175(A)(d) of the
CAA.
VADEQ’s September 21, 2021
submittal includes the following
contingency plan for the RichmondPetersburg Area:
Virginia commits to implement all
measures with respect to the control of
NOX and VOC contained in the SIP for
the area before redesignation to
attainment/maintenance. General
conformity requirements and
transportation conformity requirements
will no longer apply once this
maintenance plan expires on December
31, 2028.
Any ozone monitor in the area
registering a fourth-highest, eight-hour
average of 0.085 ppm or greater is
considered to have recorded an
exceedance of the 1997 ozone NAAQS.
One control measure listed in Table 3 in
this document will be implemented in
the unlikely event that a monitor
registers an exceedance.
Any ozone monitor in the area
registering a three-year average of the
fourth-highest, eight-hour ozone values
of 0.085 ppm or greater is considered to
have recorded a violation of the 1997
ozone NAAQS. Two additional control
measures listed in Table 3 in this
document will be implemented in the
unlikely event that a monitor registers a
violation.
Two additional control measures
listed in Table 3 in this document will
be implemented in the unlikely event
that an ozone monitor registers a second
violation following the implementation
of the first contingency measures.
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules
TABLE 3—CONTINGENCY MEASURES FOR THE RICHMOND-PETERSBURG MAINTENANCE AREA
Program
Description
Ozone Transport Commission (OTC) Architectural and Industrial (AIM)
Coating Model Rule dated October 13, 2014 16.
OTC Model Rule for Consumer Products dated May 21, 2013 17 ...........
Rule provides additional requirements reducing emissions from the AIM
source category.
Rule provides additional requirements reducing emissions from the
Consumer Product source category.
Rule provides additional requirements reducing emissions from the solvent degreasing category.
Application of NOX Reasonably Available Control Technology (RACT)
on facilities with a potential to emit at least 100 tpy NOX.
Application of VOC RACT on facilities with a potential to emit at least
100 tpy VOC.
OTC Model Rule for Solvent Degreasing dated 2012 18 .........................
Article 51
Sources
Article 51
Sources
of 9VAC5 Chapter 40, Emission Standards for Stationary
Subject to Case-by-Case RACT Determinations.
of 9VAC5 Chapter 40, Emission Standards for Stationary
Subject to Case-by-Case RACT Determinations.
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The following schedule applies to
contingency measures should they need
to be implemented due to exceedances
or violations of the 1997 ozone NAAQS:
• Notification received from EPA that
a contingency measure must be
implemented or three months after a
recorded exceedance or violation is
certified.
• Applicable regulation to be adopted
6 months after this date.
• Applicable regulation to be
implemented 6 months after adoption.
• Compliance with regulation to be
achieved within 12 months of adoption.
EPA proposes to find that the
contingency plan included in VADEQ’s
September 21, 2021 submittal satisfies
the pertinent requirements of CAA
section 175A(d). EPA also finds that the
submittal acknowledges Virginia’s
continuing requirement to implement
all pollution control measures that were
contained in the SIP before
redesignation of the RichmondPetersburg Area to attainment.
E. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS (CAA
176(c)(1)(B)). EPA’s conformity rule at
40 CFR part 93 requires that
transportation plans, programs and
projects conform to SIPs and establish
the criteria and procedures for
determining whether or not they
conform. The conformity rule generally
requires a demonstration that emissions
from the Regional Transportation Plan
16 otcair.org/upload/Documents/Model%20Rules/
AIM_Preamble_Model_Rule.pdf.
17 otcair.org/upload/Documents/Model%20Rules/
OTC%20CP%20Model%20Rule%20
Final%20Clean%202013%20Revision%20
Clean.pdf.
18 otcair.org/upload/Documents/Model%20Rules/
2011%20OTC%20Model%20Rule%20for%20
Solvent%20Degreasing.pdf.
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17:11 Jan 11, 2023
Jkt 259001
(RTP) and Transportation Improvement
Program (TIP) are consistent with the
motor vehicle emissions budget (MVEB)
contained in the control strategy SIP
revision or maintenance plan (40 CFR
93.101, 93.118, and 93.124). An MVEB
is defined as ‘‘that portion of the total
allowable emissions defined in the
submitted or approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions (40 CFR 93.101).’’
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emission analysis (40 CFR
93.109(e)). However, because LMP areas
are still maintenance areas, certain
aspects of transportation conformity
determinations still will be required for
transportation plans, programs, and
projects. Specifically, for such
determination, RTPs, TIPs, and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108), meet the
criteria for consultation (40 CFR 93.105
and 93.112) and satisfy transportation
control measure implementation in the
conformity rule provisions (40 CFR
93.113).
Additionally, conformity
determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of
transportation plan and TIP
amendments and transportation projects
is demonstrated in accordance with the
timing requirements specified in 40 CFR
93.104. In addition, for projects to be
approved, they must come from a
currently conforming RTP and TIP (40
CFR 93.114 and 93.115). The RichmondPetersburg Area remains under the
obligation to meet the applicable
conformity requirements for the 1997
ozone NAAQS.
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Sfmt 4702
III. Proposed Action
EPA’s review of VADEQ’s September
21, 2021 submittal indicates that it
meets all applicable CAA requirements,
specifically the requirements of CAA
section 175A. EPA is proposing to
approve the second maintenance plan
for the Richmond-Petersburg Area as a
revision to the Virginia SIP. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
IV. General Information Pertaining to
SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation
that provides, subject to certain
conditions, for an environmental
assessment (audit) ‘‘privilege’’ for
voluntary compliance evaluations
performed by a regulated entity. The
legislation further addresses the relative
burden of proof for parties either
asserting the privilege or seeking
disclosure of documents for which the
privilege is claimed. Virginia’s
legislation also provides, subject to
certain conditions, for a penalty waiver
for violations of environmental laws
when a regulated entity discovers such
violations pursuant to a voluntary
compliance evaluation and voluntarily
discloses such violations to the
Commonwealth and takes prompt and
appropriate measures to remedy the
violations. Virginia’s Voluntary
Environmental Assessment Privilege
Law, Va. Code Sec. 10.11198, provides
a privilege that protects from disclosure
documents and information about the
content of those documents that are the
product of a voluntary environmental
assessment. The Privilege Law does not
extend to documents or information
that: (1) are generated or developed
before the commencement of a
voluntary environmental assessment; (2)
are prepared independently of the
assessment process; (3) demonstrate a
clear, imminent and substantial danger
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Proposed Rules
to the public health or environment; or
(4) are required by law.
On January 12, 1998, the
Commonwealth of Virginia Office of the
Attorney General provided a legal
opinion that states that the Privilege
law, Va. Code Sec. 10.1–1198, precludes
granting a privilege to documents and
information ‘‘required by law,’’
including documents and information
‘‘required by Federal law to maintain
program delegation, authorization or
approval,’’ since Virginia must ‘‘enforce
Federally authorized environmental
programs in a manner that is no less
stringent than their Federal
counterparts. . . .’’ The opinion
concludes that ‘‘[r]egarding § 10.1–1198,
therefore, documents or other
information needed for civil or criminal
enforcement under one of these
programs could not be privileged
because such documents and
information are essential to pursuing
enforcement in a manner required by
Federal law to maintain program
delegation, authorization or approval.’’
Virginia’s Immunity law, Va. Code
Sec. 10.1–1199, provides that ‘‘[t]o the
extent consistent with requirements
imposed by Federal law,’’ any person
making a voluntary disclosure of
information to a state agency regarding
a violation of an environmental statute,
regulation, permit, or administrative
order is granted immunity from
administrative or civil penalty. The
Attorney General’s January 12, 1998
opinion states that the quoted language
renders this statute inapplicable to
enforcement of any Federally authorized
programs, since ‘‘no immunity could be
afforded from administrative, civil, or
criminal penalties because granting
such immunity would not be consistent
with Federal law, which is one of the
criteria for immunity.’’
Therefore, EPA has determined that
Virginia’s Privilege and Immunity
statutes will not preclude the
Commonwealth from enforcing its
program consistent with the Federal
requirements. In any event, because
EPA has also determined that a state
audit privilege and immunity law can
affect only state enforcement and cannot
have any impact on Federal
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
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Jkt 259001
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule pertaining to Virginia’s
second maintenance plan for the
PO 00000
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Sfmt 4702
2057
Richmond-Petersburg Area does not
have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023–00091 Filed 1–11–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 61 and 63
[EPA–R01–OAR–2022–0496; FRL–10522–
01–R1]
Approval of the Clean Air Act,
Authority for Hazardous Air Pollutants:
Asbestos Management and Control;
State of New Hampshire Department of
Environmental Services
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the amended ‘‘Env–Sw 2100:
Management and Control of Asbestos
Sites Not Operated after July 9, 1981,’’
effective September 1, 2018 (‘‘amended
Asbestos Disposal Site Rule’’) in place
of the National Emission Standard for
Asbestos (‘‘Asbestos NESHAP’’)
provisions for inactive waste disposal
sites not operated after July 9, 1981
submitted by the State of New
Hampshire. The intended effect of this
action is to propose approval of the
amended Asbestos Disposal Site Rule in
place of the Asbestos NESHAP
provisions for inactive waste disposal
sites not operated after July 9, 1981.
This approval would make the New
Hampshire Department of
Environmental Services’ (NH DES)
amended Asbestos Disposal Site Rule
federally enforceable. This action is
being taken under the Clean Air Act.
DATES: Written comments must be
received on or before February 13, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2022–0496 at https://
www.regulations.gov, or via email to
numrich.liam@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Proposed Rules]
[Pages 2050-2057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00091]
[[Page 2050]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0870; FRL-9148-01-R3]
Air Plan Approval; Virginia; 1997 8-Hour Ozone National Ambient
Air Quality Standard Second Maintenance Plan for the Richmond-
Petersburg Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Virginia. This revision pertains to the Commonwealth's
plan, submitted by the Virginia Department of Environmental Quality
(VADEQ), for maintaining the 1997 8-hour ozone national ambient air
quality standards (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Richmond, Virginia Area (Richmond-Petersburg Area). This action is
being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 13,
2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0870 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Blvd., Philadelphia, Pennsylvania 19103. The telephone number is (215)
814-2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On September 21, 2021, the VADEQ submitted a
revision to the Virginia SIP to incorporate a plan for maintaining the
1997 ozone NAAQS in the Richmond-Petersburg Area through December 31,
2028, in accordance with CAA section 175A.
I. Background
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997
(62 FR 38856),\1\ EPA revised the primary and secondary NAAQS for ozone
to set the acceptable level of ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. EPA set the 1997 ozone NAAQS based on
scientific evidence demonstrating that ozone causes adverse health
effects at lower concentrations and over longer periods of time than
was understood when the pre-existing 1-hour ozone NAAQS was set.
---------------------------------------------------------------------------
\1\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 30, 2004 (69 FR 23858), EPA designated
the Richmond-Petersburg Area as nonattainment for the 1997 ozone NAAQS.
The Richmond-Petersburg Area consists of the counties of Charles City,
Chesterfield, Hanover, Henrico, and Prince George, and the cities of
Colonial Heights, Hopewell, Richmond, and Petersburg.
Once a nonattainment area has three years of complete and certified
air quality data that has been determined to attain the NAAQS, and the
area has met the other criteria outlined in CAA section
107(d)(3)(E),\2\ the state can submit a request to EPA to redesignate
the area to attainment. Areas that have been redesignated by EPA from
nonattainment to attainment are referred to as ``maintenance areas.''
One of the criteria for redesignation is to have an approved
maintenance plan under CAA section 175A. The maintenance plan must
demonstrate that the area will continue to maintain the standard for
the period extending 10 years after redesignation, and it must contain
such additional measures as necessary to ensure maintenance as well as
contingency measures as necessary to assure that violations of the
standard will be promptly corrected.
---------------------------------------------------------------------------
\2\ The requirements of CAA section 107(d)(3)(E) include
attainment of the NAAQS, full approval under section 110(k) of the
applicable SIP, determination that improvement in air quality is a
result of permanent and enforceable reductions in emissions,
demonstration that the state has met all applicable section 110 and
part D requirements, and a fully approved maintenance plan under CAA
section 175A.
---------------------------------------------------------------------------
On June 1st, 2007 (72 FR 30485), EPA approved a redesignation
request (and maintenance plan) from VADEQ for the Richmond-Petersburg
Area for the 1997 ozone NAAQS. In accordance with section 175A(b), at
the end of the eighth year after the effective date of the
redesignation, the state must also submit a second maintenance plan to
ensure ongoing maintenance of the standard for an additional 10 years.
EPA's final implementation rule for the 2008 ozone NAAQS revoked
the 1997 ozone NAAQS and provided that one consequence of revocation
was that areas that had been redesignated to attainment (i.e.,
maintenance areas) for the 1997 ozone NAAQS no longer needed to submit
second 10-year maintenance plans under CAA section 175A(b).\3\ See 80
FR 12315 (March 6, 2015). However, in South Coast Air Quality
Management District v. EPA \4\ (South Coast II), the United States
Court of Appeals for the District of Columbia (D.C. Circuit) vacated
EPA's interpretation that, because of the revocation of the 1997 ozone
standard, second maintenance plans were not required for ``orphan
maintenance areas,'' (i.e., areas like the Richmond-Petersburg Area)
that had been redesignated to attainment for the 1997 ozone NAAQS and
were designated attainment for the 2008 ozone NAAQS. Thus, states with
these ``orphan maintenance areas'' under the 1997 ozone NAAQS must
submit maintenance plans for the second maintenance period.
---------------------------------------------------------------------------
\3\ See 80 FR 12315 (March 6, 2015).
\4\ 882 F.3d 1138 (D.C. Cir. 2018).
---------------------------------------------------------------------------
As previously discussed, CAA section 175A sets forth the criteria
for adequate maintenance plans. In addition, EPA
[[Page 2051]]
has published longstanding guidance \5\ that provides further insight
on the content of an approvable maintenance plan, explaining that a
maintenance plan should address five elements: (1) an attainment
emissions inventory; (2) a maintenance demonstration; (3) a commitment
for continued air quality monitoring; (4) a process for verification of
continued attainment; and (5) a contingency plan. The 1992 Calcagni
Memo \6\ provides that states may generally demonstrate maintenance by
either performing air quality modeling to show that the future mix of
sources and emission rates will not cause a violation of the NAAQS or
by showing that future emissions of a pollutant and its precursors will
not exceed the level of emissions during a year when the area was
attaining the NAAQS (i.e., attainment year inventory). See 1992
Calcagni Memo at p. 9. EPA further clarified in three subsequent
guidance memos describing ``limited maintenance plans'' (LMPs) \7\ that
the requirements of CAA section 175A could be met by demonstrating that
the area's design value \8\ was well below the NAAQS and that the
historical stability of the area's air quality levels showed that the
area was unlikely to violate the NAAQS in the future. Specifically, EPA
believes that if the most recent air quality design value for the area
is at a level that is below 85% of the standard, or in this case below
0.071 ppm, then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Accordingly, on September 21, 2021, VADEQ
submitted an LMP for the Richmond-Petersburg Area, following EPA's LMP
guidance and demonstrating that the area will maintain the 1997 ozone
NAAQS through December 31, 2028, i.e., through the entire 20-year
maintenance period.
---------------------------------------------------------------------------
\5\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
\6\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (1992 Calcagni Memo).
\7\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001.
\8\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
VADEQ's September 21, 2021 submittal outlines a plan for continued
maintenance of the 1997 ozone NAAQS which addresses the criteria set
forth in EPA guidance, including the 1992 Calcagni Memo as follows.
A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive and
accurate inventory of actual emissions for an attainment year which
identifies the level of emissions in the area which is sufficient to
maintain the NAAQS. The inventory should be developed consistent with
EPA's most recent guidance. For ozone, the inventory should be based on
typical summer day's emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC), the precursors to ozone formation. In
the first maintenance plan for the Richmond-Petersburg Area, VADEQ used
2005 for the attainment year inventory, because 2005 was one of the
years in the 2003-2005 three-year period when the area first attained
the 1997 ozone NAAQS.\9\ The Richmond-Petersburg Area continued to
monitor attainment of the 1997 ozone NAAQS in 2014. Therefore, the
emissions inventory from 2014 represents emissions levels conducive to
continued attainment (i.e., maintenance) of the NAAQS. Thus, VADEQ is
using 2014 as representing attainment level emissions for its second
maintenance plan. Virginia used 2014 summer day emissions from EPA's
2014 version 7.0 modeling platform as the basis for the 2014 inventory
presented in Table 1 in this document.\10\
---------------------------------------------------------------------------
\9\ For more information, see EPA's April 12, 2007 document
proposing to redesignate the Richmond-Petersburg Area to attainment
for the 1997 ozone NAAQS, and the associated May 10, 2007 notice
correcting table 5 in the proposal (72 FR 18434, 72 FR 26581).
\10\ For more information, visit www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_emiss_inv_data_nov_19_2018_0.xlsx.
Table 1--2014 Typical Summer Day NOX and VOC Emissions for the Richmond-Petersburg Area in Tons/Day
----------------------------------------------------------------------------------------------------------------
NOX emissions
Area Source category VOC emissions
----------------------------------------------------------------------------------------------------------------
Charles City County......................... Fire........................... 0.00 0.00
Nonpoint....................... 0.27 0.37
Nonroad........................ 0.35 0.91
Onroad......................... 0.30 0.21
Point.......................... 0.44 0.27
Chesterfield County......................... Fire........................... 0.01 0.08
Nonpoint....................... 1.86 9.10
Nonroad........................ 2.35 2.60
Onroad......................... 9.66 6.09
Point.......................... 8.44 3.28
Colonial Heights City....................... Fire........................... 0.00 0.00
Nonpoint....................... 0.09 0.48
Nonroad........................ 0.05 0.09
Onroad......................... 0.80 0.40
Point.......................... 0.00 0.00
Hanover County.............................. Fire........................... 0.01 0.08
Nonpoint....................... 1.08 3.85
Nonroad........................ 1.37 2.07
Onroad......................... 7.19 2.56
Point.......................... 1.96 1.45
Henrico County.............................. Fire........................... 0.00 0.00
Nonpoint....................... 2.04 8.54
Nonroad........................ 3.37 1.89
Onroad......................... 10.61 5.85
[[Page 2052]]
Point.......................... 1.26 0.29
Hopewell City............................... Fire........................... 0.00 0.00
Nonpoint....................... 0.04 0.52
Nonroad........................ 0.09 0.16
Onroad......................... 0.55 0.45
Point.......................... 26.62 2.48
Petersburg City............................. Fire........................... <0.01 0.00
Nonpoint....................... 0.48 1.25
Nonroad........................ 0.10 0.14
Onroad......................... 1.54 0.84
Point.......................... 0.17 0.01
Prince George County........................ Fire........................... 0.03 0.31
Nonpoint....................... 0.67 1.03
Nonroad........................ 0.48 1.18
Onroad......................... 2.75 1.03
Point.......................... 0.14 0.01
Richmond City............................... Fire........................... 0.00 0.00
Nonpoint....................... 1.34 6.59
Nonroad........................ 0.87 1.37
Onroad......................... 7.09 4.40
Point.......................... 4.56 1.27
----------------------------------------------------------------------------------------------------------------
The data shown in Table 1 in this document is based on the 2014
National Emissions Inventory (NEI) version 2.\11\ The inventory
addresses four anthropogenic emission source categories: Stationary
(point) sources, stationary nonpoint (area) sources, nonroad mobile,
and onroad mobile sources. Point sources are stationary sources that
have the potential to emit more than 100 tons per year (tpy) of VOC, or
more than 50 tpy of NOX, and which are required to obtain an
operating permit. The point source sector includes large industrial
operations that are relatively few in number but have large emissions,
such as kraft mills, electrical generating units, and pharmaceutical
factories. Nonpoint sources include emissions from equipment,
operations, and activities that are numerous and in total have
significant emissions. Examples include emissions from commercial and
consumer products, portable fuel containers, home heating, repair and
refinishing operations, and crematories. The nonroad emissions sector
includes emissions from engines that are not primarily used to propel
transportation equipment, such as generators, forklifts, and marine
pleasure craft. The onroad emissions sector includes emissions from
engines used primarily to propel equipment on highways and other roads,
including passenger vehicles, motorcycles, and heavy-duty diesel
trucks. The fire emissions sector includes emissions from agricultural
burning, prescribed fires, wildfires, and other types of fires. Data
are collected for each source at a facility and reported to VADEQ. EPA
reviewed the emissions inventory submitted by VADEQ and proposes to
conclude that the plan's inventory is acceptable for the purposes of a
subsequent maintenance plan under CAA section 175A(b).
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\11\ The NEI is a comprehensive and detailed estimate of air
emissions of criteria pollutants, criteria precursors, and hazardous
air pollutants from air emissions sources. The NEI is released every
three years based primarily upon data provided by State, Local, and
Tribal air agencies for sources in their jurisdictions and
supplemented by data developed by EPA.
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B. Maintenance Demonstration
In order to attain the 1997 ozone NAAQS, the three-year average of
the fourth-highest daily average ozone concentration (design value, or
``DV'') at each monitor within an area must not exceed 0.08 ppm. Based
on the rounding convention described in 40 CFR part 50, appendix I, the
standard is attained if the DV is 0.084 ppm or below. CAA section 175A
requires a demonstration that the area will continue to maintain the
NAAQS throughout the duration of the requisite maintenance period.
Consistent with the prior guidance documents discussed previously in
this document as well as EPA's November 20, 2018 ``Resource Document
for 1997 Ozone NAAQS Areas: Supporting Information for States
Developing Maintenance Plans'' (2018 Resource Document),\12\ EPA
believes that if the most recent DV for the area is well below the
NAAQS (e.g., below 85%, or in this case below 0.071 ppm), the section
175A demonstration requirement has been met, provided that prevention
of significant deterioration requirements, any control measures already
in the SIP, and any Federal measures remain in place through the end of
the second 10-year maintenance period (absent a showing consistent with
section 110(l) that such measures are not necessary to assure
maintenance).
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\12\ This resource document is included in the docket for this
rulemaking available online at www.regulations.gov, Docket ID: EPA-
R03-OAR-2022-0870 and is also available at www.epa.gov/sites/production/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
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[[Page 2053]]
For the purposes of demonstrating continued maintenance with the
1997 ozone NAAQS, VADEQ provided 3-year DVs at monitors located in the
Richmond-Petersburg Area from 2001 to 2020. This includes DVs at
monitors for 2001-2003, 2002-2004, 2003-2005, 2004-2006, 2005-2007,
2006-2008, 2007-2009, 2008-2010, 2009-2011, 2010-2012, 2011-2013, 2012-
2014, 2013-2015, 2014-2016, 2015-2017, 2016-2018, 2017-2019, and 2018-
2020, which are shown in Table 2 in this document.\13\ In addition, EPA
has reviewed the most recent ambient air quality monitoring data for
ozone in the Richmond-Petersburg Area, as submitted by Virginia and
recorded in EPA's Air Quality System. The most recent DVs (i.e., 2019-
2021) at monitors located in the Richmond-Petersburg Area are as
follows: Chesterfield County, 0.058 ppm; Henrico County 0.060 ppm;
Hanover County, 0.058 ppm; Charles City, 0.058 ppm.\14\
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\13\ See also Figure 2 of VADEQ's September 21, 2021 submittal,
included in the docket for this rulemaking available online at
www.regulations.gov, Docket ID: EPA-R03-OAR-2022-0870.
\14\ This data is also included in the docket for this
rulemaking available online at www.regulations.gov, Docket ID: EPA-
R03-OAR-2022-0870 and is also available at www.epa.gov/air-trends/air-quality-design-values#report.
[[Page 2054]]
Table 2--1997 Ozone NAAQS Design Values in Parts per Million for the Richmond-Petersburg Area
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
County AQS Site ID 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016 2015-2017 2016-2018 2017-2019 2018-2020 2019-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chesterfield......................... 51-041-0004............. .086 .082 .077 .076 .077 .078 .074 .075 .072 .075 .069 .066 .062 .062 .062 .06 .059 .057 .058
Henrico.............................. 51-087-0014............. .09 .085 .08 .081 .085 .085 .078 .076 .074 .078 .073 .068 .063 .064 .065 .066 .065 .061 .06
Hanover.............................. 51-085-0003............. .094 .09 .082 .081 .081 .08 .075 .075 .073 .076 .072 .068 .063 .062 .063 .064 .063 .06 .058
Charles City......................... 51-036-0002............. .091 .087 .079 .08 .082 .083 .077 .075 .075 .079 .073 .067 .062 .063 .061 .063 .062 .059 .058
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 2055]]
Additionally, states can support the demonstration of continued
maintenance by showing stable or improving air quality trends.
According to EPA's 2018 Resource Document, several kinds of analyses
can be performed by states wishing to make such a showing. One approach
is to take the most recent DV at a monitor located in the area and add
the maximum design value increase (over one or more consecutive years)
that has been observed in the area over the past several years. For an
area with multiple monitors, the highest of the most recent DVs should
be used. A sum that does not exceed the level of the 1997 ozone NAAQS
may be a good indicator of expected continued attainment. The largest
increase in DVs at a monitor located in the Richmond-Petersburg Area
was 0.004 ppm, which occurred between the 2004-2006 (0.081 ppm) and
2005-2007 (0.085 ppm) DVs at the Henrico monitoring site. Adding 0.004
ppm to the highest DV for the 2018-2020 period (0.061 ppm) results in
0.065 ppm, a sum that is still below the 1997 ozone NAAQS.
DVs at all monitors located in the Richmond-Petersburg Area have
been below 85% of the 1997 ozone NAAQS (i.e., 0.071 ppm or 71 ppb)
since the 2012-2014 period. Additional supporting information that the
area is expected to continue to maintain the standard can be found in
projections of future year DVs that EPA recently completed to assist
states with the development of interstate transport SIPs for the 2015
8-hour ozone NAAQS. Those projections, made for the year 2023, show
that the highest DV at a monitor located in the Richmond-Petersburg
Area is expected to be 0.062 ppm.\15\ Therefore, EPA proposes to
determine that future violations of the 1997 ozone NAAQS in the
Richmond-Petersburg Area are unlikely.
---------------------------------------------------------------------------
\15\ See U.S. EPA, ``Air Quality Modeling Technical Support
Document for the Updated 2023 Projected Ozone Design Values'',
Office of Air Quality Planning and Standards, dated June 2018,
available at www.epa.gov/sites/default/files/2018-06/documents/aq_modelingtsd_updated_2023_modeling_o3_dvs.pdf.
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C. Continued Air Quality Monitoring and Verification of Continued
Attainment
Once an area has been redesignated to attainment, the state remains
obligated to maintain an air quality network in accordance with 40 CFR
part 58, in order to verify the area's attainment status. In the
September 21, 2021 submittal, VADEQ commits to continue to operate
their air monitoring network in accordance with 40 CFR part 58. VADEQ
also commits to track the attainment status of the Richmond-Petersburg
Area for the 1997 ozone NAAQS through the review of air quality and
emissions data during the second maintenance period. EPA has analyzed
the commitments in VADEQ's submittal and is proposing to determine that
they meet the requirements for continued air quality monitoring and
verification of continued attainment.
D. Contingency Plan
The contingency plan provisions are designed to promptly correct or
prevent a violation of the NAAQS that might occur after redesignation
of an area to attainment. Section 175A of the CAA requires that a
maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation of the contingency measures,
and a time limit for action by the state. The state should also
identify specific indicators to be used to determine when the
contingency measures need to be adopted and implemented. The
maintenance plan must require that the state will implement all
pollution control measures that were contained in the SIP before
redesignation of the area to attainment. See section 175(A)(d) of the
CAA.
VADEQ's September 21, 2021 submittal includes the following
contingency plan for the Richmond-Petersburg Area:
Virginia commits to implement all measures with respect to the
control of NOX and VOC contained in the SIP for the area
before redesignation to attainment/maintenance. General conformity
requirements and transportation conformity requirements will no longer
apply once this maintenance plan expires on December 31, 2028.
Any ozone monitor in the area registering a fourth-highest, eight-
hour average of 0.085 ppm or greater is considered to have recorded an
exceedance of the 1997 ozone NAAQS. One control measure listed in Table
3 in this document will be implemented in the unlikely event that a
monitor registers an exceedance.
Any ozone monitor in the area registering a three-year average of
the fourth-highest, eight-hour ozone values of 0.085 ppm or greater is
considered to have recorded a violation of the 1997 ozone NAAQS. Two
additional control measures listed in Table 3 in this document will be
implemented in the unlikely event that a monitor registers a violation.
Two additional control measures listed in Table 3 in this document
will be implemented in the unlikely event that an ozone monitor
registers a second violation following the implementation of the first
contingency measures.
[[Page 2056]]
Table 3--Contingency Measures for the Richmond-Petersburg Maintenance
Area
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Program Description
------------------------------------------------------------------------
Ozone Transport Commission (OTC) Rule provides additional
Architectural and Industrial (AIM) requirements reducing
Coating Model Rule dated October 13, emissions from the AIM source
2014 \16\. category.
OTC Model Rule for Consumer Products Rule provides additional
dated May 21, 2013 \17\. requirements reducing
emissions from the Consumer
Product source category.
OTC Model Rule for Solvent Degreasing Rule provides additional
dated 2012 \18\. requirements reducing
emissions from the solvent
degreasing category.
Article 51 of 9VAC5 Chapter 40, Application of NOX Reasonably
Emission Standards for Stationary Available Control Technology
Sources Subject to Case-by-Case RACT (RACT) on facilities with a
Determinations. potential to emit at least 100
tpy NOX.
Article 51 of 9VAC5 Chapter 40, Application of VOC RACT on
Emission Standards for Stationary facilities with a potential to
Sources Subject to Case-by-Case RACT emit at least 100 tpy VOC.
Determinations.
------------------------------------------------------------------------
---------------------------------------------------------------------------
\16\ otcair.org/upload/Documents/Model%20Rules/AIM_Preamble_Model_Rule.pdf.
\17\ otcair.org/upload/Documents/Model%20Rules/OTC%20CP%20Model%20Rule%20Final%20Clean%202013%20Revision%20Clean.pdf
.
\18\ otcair.org/upload/Documents/Model%20Rules/2011%20OTC%20Model%20Rule%20for%20Solvent%20Degreasing.pdf.
---------------------------------------------------------------------------
The following schedule applies to contingency measures should they
need to be implemented due to exceedances or violations of the 1997
ozone NAAQS:
Notification received from EPA that a contingency measure
must be implemented or three months after a recorded exceedance or
violation is certified.
Applicable regulation to be adopted 6 months after this
date.
Applicable regulation to be implemented 6 months after
adoption.
Compliance with regulation to be achieved within 12 months
of adoption.
EPA proposes to find that the contingency plan included in VADEQ's
September 21, 2021 submittal satisfies the pertinent requirements of
CAA section 175A(d). EPA also finds that the submittal acknowledges
Virginia's continuing requirement to implement all pollution control
measures that were contained in the SIP before redesignation of the
Richmond-Petersburg Area to attainment.
E. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions from the
Regional Transportation Plan (RTP) and Transportation Improvement
Program (TIP) are consistent with the motor vehicle emissions budget
(MVEB) contained in the control strategy SIP revision or maintenance
plan (40 CFR 93.101, 93.118, and 93.124). An MVEB is defined as ``that
portion of the total allowable emissions defined in the submitted or
approved control strategy implementation plan revision or maintenance
plan for a certain date for the purpose of meeting reasonable further
progress milestones or demonstrating attainment or maintenance of the
NAAQS, for any criteria pollutant or its precursors, allocated to
highway and transit vehicle use and emissions (40 CFR 93.101).''
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)). However,
because LMP areas are still maintenance areas, certain aspects of
transportation conformity determinations still will be required for
transportation plans, programs, and projects. Specifically, for such
determination, RTPs, TIPs, and transportation projects still will have
to demonstrate that they are fiscally constrained (40 CFR 93.108), meet
the criteria for consultation (40 CFR 93.105 and 93.112) and satisfy
transportation control measure implementation in the conformity rule
provisions (40 CFR 93.113).
Additionally, conformity determinations for RTPs and TIPs must be
determined no less frequently than every four years, and conformity of
transportation plan and TIP amendments and transportation projects is
demonstrated in accordance with the timing requirements specified in 40
CFR 93.104. In addition, for projects to be approved, they must come
from a currently conforming RTP and TIP (40 CFR 93.114 and 93.115). The
Richmond-Petersburg Area remains under the obligation to meet the
applicable conformity requirements for the 1997 ozone NAAQS.
III. Proposed Action
EPA's review of VADEQ's September 21, 2021 submittal indicates that
it meets all applicable CAA requirements, specifically the requirements
of CAA section 175A. EPA is proposing to approve the second maintenance
plan for the Richmond-Petersburg Area as a revision to the Virginia
SIP. EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec.
10.11198, provides a privilege that protects from disclosure documents
and information about the content of those documents that are the
product of a voluntary environmental assessment. The Privilege Law does
not extend to documents or information that: (1) are generated or
developed before the commencement of a voluntary environmental
assessment; (2) are prepared independently of the assessment process;
(3) demonstrate a clear, imminent and substantial danger
[[Page 2057]]
to the public health or environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule pertaining to Virginia's second maintenance
plan for the Richmond-Petersburg Area does not have tribal implications
and will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-00091 Filed 1-11-23; 8:45 am]
BILLING CODE 6560-50-P
