[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Rules and Regulations]
[Pages 30490-30492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10581]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0919; FRL-8320-9]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Redesignation of the Hampton Roads 8-Hour Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base-Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving 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 Norfolk-Virginia Beach-Newport News (Hampton Roads)
nonattainment area (herein referred to as the ``Hampton Roads Area'' or
the ``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 SIP revision
consisting of a maintenance plan for the Hampton Roads Area that
provides for continued attainment of the 8-hour ozone NAAQS for the
next 11 years, until 2018. Concurrently, EPA is approving the
Commonwealth's request that the 8-hour maintenance plan supersede the
previous 1-hour maintenance plan. EPA is also approving the adequacy
determination for the motor vehicle emission budgets (MVEBs) that are
identified in the Hampton Roads 8-hour maintenance plan for purposes of
transportation conformity, and is approving those MVEBs. EPA is also
approving the 2002 base year emissions inventory for the Area. EPA is
approving the redesignation request, the maintenance plan, and the 2002
base year emissions inventory as revisions to the Virginia SIP in
accordance with the requirements of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on June 1, 2007
pursuant to the authority of 5 U.S.C. 553(d)(1).
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0919. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 through www.regulations.gov or in hard
copy for public inspection 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 13, 2007 (72 FR 18602), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Virginia. The NPR proposed
approval of Virginia's redesignation request, a SIP revision that
establishes a maintenance plan for the Hampton Roads Area that sets
forth how the Hampton Roads Area will maintain attainment of the 8-hour
ozone NAAQS for the next 11 years, and a 2002 base year emissions
inventory. The formal SIP revisions were submitted by the VADEQ on
October 12, 2006, October 16, 2006, October 18, 2006, and supplemented
on November 20, 2006 and February 13, 2007. Other specific requirements
of Virginia's redesignation request SIP revision for the maintenance
plan and the rationales for EPA's proposed actions are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.
II. Final Action
EPA is approving the Commonwealth of Virginia's redesignation
request, maintenance plan, and 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Virginia's redesignation request, submitted on October 16,
2006, and determined that it meets the redesignation criteria set forth
in section 107(d)(3)(E) of the CAA. EPA believes that the redesignation
request and monitoring data demonstrate that the Hampton Roads Area has
attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the Hampton Roads
Area from nonattainment to attainment for the 8-hour ozone standard.
EPA is approving the associated maintenance plan for the Hampton Roads
Area, submitted on October 18, 2006, as a revision to the Virginia SIP.
EPA is approving the maintenance plan for the Hampton Roads Area
because it meets the requirements of section 175A. EPA is approving the
Commonwealth's request that the 8-hour maintenance plan supersede the
previous 1-hour maintenance plan. EPA is approving the MVEBs submitted
by Virginia in conjunction with its redesignation request. EPA is also
approving the 2002 base year emissions inventory, submitted on October
12, 2006 supplemented by VADEQ on November 20, 2006 and February 13,
2007, as a revision to the Virginia SIP. In this final rulemaking, EPA
is notifying the public that we have found that the MVEBs for
NOX and VOCs in the Hampton Roads Area for the 8-hour ozone
maintenance plan are adequate and approved for conformity purposes. As
a result of our finding, the Cities of Chesapeake, Hampton, Newport
News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and
Williamsburg, and the Counties of Isle of Wight, James City, and York,
Virginia must use the MVEBs from the submitted 8-hour ozone maintenance
plan for future conformity determinations. The adequate and approved
MVEBs are provided in the following table:
Adequate and Approved Motor Vehicle Emissions Budgets (MVEBs) in Tons
per Day (TPD)
------------------------------------------------------------------------
Budget year NOX VOC
------------------------------------------------------------------------
2011.......................................... 50.387 37.846
2018.......................................... 31.890 27.574
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Hampton Roads is subject to the CAA's requirements for marginal
ozone nonattainment areas until and unless it is redesignated to
attainment.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final action is not a ``significant regulatory action'' and therefore
is not subject to review by the Office of Management and Budget. For
this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May
[[Page 30491]]
22, 2001)). This action approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(e) of the Clean Air Act does not impose any new
requirements on small entities. Redesignation is an action that affects
the status of a geographical area and does not impose any new
regulatory requirements on sources. Accordingly, the Administrator
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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). This final rule also does not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000), nor will it have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it affects the status of a geographical area,
does not impose any new requirements on sources, or allow the state to
avoid adopting or implementing other requirements, and does not alter
the relationship or the distribution of power and responsibilities
established in the Clean Air Act. This final rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it
approves a state rule implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
final rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 31, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action, to approve the redesignation request, maintenance
plan, adequacy determination for MVEBs, and the 2002 base year
emissions inventory for the Hampton Roads Area, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Nitrogen Dioxides, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 17, 2007.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan, Norfolk-Virginia Beach-
Newport News (Hampton Roads), VA Area at the end of the table to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(e)* * *
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Norfolk-Virginia 10/12/06; 10/16/ 6/1/07 [Insert
and 2002 Base Year Emissions Beach-Newport 06; 10/18/06; 11/ page number
Inventory. News (Hampton 20/06; 2/13/07. where the
Roads), VA Area. document begins].
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[[Page 30492]]
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.347 the table entitled ``Virginia--Ozone (8-Hour
Standard)'' is amended by revising the entry for the Norfolk-Virginia
Beach-Newport News (Hampton Roads), VA area to read as follows:
Sec. 81.347 Virginia.
* * * * *
Virginia--Ozone
[8-hour standard]
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Designation \a\ Category/Classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Norfolk-Virginia Beach-Newport News (Hampton Roads), VA Area
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Chesapeake City.................. 6/1/07 Attainment...............
Gloucester County................ 6/1/07 Attainment...............
Hampton City..................... 6/1/07 Attainment...............
Isle of Wight County............. 6/1/07 Attainment...............
James City County................ 6/1/07 Attainment...............
Newport News City................ 6/1/07 Attainment...............
Norfolk City..................... 6/1/07 Attainment...............
Poquoson City.................... 6/1/07 Attainment...............
Portsmouth City.................. 6/1/07 Attainment...............
Suffolk City..................... 6/1/07 Attainment...............
Virginia Beach City.............. 6/1/07 Attainment...............
Williamsburg City................ 6/1/07 Attainment...............
* * * * * * *
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\a\ Includes Indian country located in each county or area except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. E7-10581 Filed 5-31-07; 8:45 am]
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