§ 52.2428. Control Strategy: Carbon monoxide and ozone.
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/us/cfr/t40/s§ 52.2428·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Determination—EPA has determined that, as of November 5, 1997, the Richmond ozone nonattainment area, which consists of the counties of Chesterfield, Hanover, Henrico, and part of Charles City County, and of the cities of Richmonds, Colonial Heights and Hopewell, has attained the 1-hour .12 ppm ozone standard based on three years of air quality data for 1993, 1994 and 1995. EPA has further determined that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the Richmond area for so long as the area does not monitor any violations of the 1-hour .12ppm ozone standard, or until the area is no longer designated nonattainment. If a violation of the ozone NAAQS is monitored in the Richmond ozone nonattainment area while the area is designated nonattainment, these determinations shall no longer apply.
(b)EPA approves the Commonwealth's 15 Percent Rate of Progress Plan for the Virginia portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Acting Director of the Virginia Department of the Environmental Quality on April 14, 1998. (c)-(d) [Reserved]
(e)Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington, DC severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington, DC severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.
(f)EPA approves revisions to the Virginia State Implementation Plan consisting of the 2008 reasonable further progress
(RFP)plan, reasonably available control measures, and contingency measures for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007.
(g)EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007: Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area Type of control strategy SIP Year VOC
(TPD)NOX
(TPD)Effective date of adequacy determination or SIP approval Rate of Progress Plan200870.8159.8September 21, 2009 (74 FR 45853), published September 4, 2009. (h)EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.
(i)As of October 10, 2014, EPA approves the removal of the Stage II vapor recovery program from the maintenance plans for the Richmond 1990 1-Hour Ozone Maintenance Area and the Richmond-Petersburg 1997 8-Hour Ozone Maintenance Area.
(j)EPA approves revisions to the Virginia State Implementation Plan consisting of the attainment demonstration required under 40 CFR 51.908 demonstrating attainment of the 1997 ozone NAAQS by the applicable attainment date of June 15, 2010 and the failure to attain contingency measures for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007.
(k)EPA approves the following 2009 attainment demonstration and 2010 motor vehicle emissions budgets (MVEBs) for the Washington, DC-MDVA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007: Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area Type of control strategy SIP Year VOC
(TPD)NOX
(TPD)Effective date of adequacy determination or SIP approval Attainment Demonstration200966.5146.1February 22, 2013 (78 FR 9044), published February 7, 2013. Contingency Measures Plan2010144.3February 22, 2013 (78 FR 9044), published February 7, 2013.
(l)As of May 26, 2015, EPA approves the removal of the Stage II vapor recovery program from the attainment plans for the Virginia portion of the Washington DC-MD-VA 1990 1-hour and 1997 8-hour Ozone NAAQS Nonattainment Areas and from the maintenance plan for the Fredericksburg 1997 8-Hour Ozone Maintenance Area.
(m)EPA approves the maintenance plan for the Virginia portion of the Washington, DC-MD-VA nonattainment area for the 2008 8-hour ozone NAAQS submitted by the Director of the Virginia Department of Environmental Quality on January 3, 2018. The maintenance plan includes 2014, 2025, and 2030 motor vehicle emission budgets (MVEBs) for VOC and NOX to be applied to all future transportation conformity determinations and analyses for the entire Washington, DC-MD-VA area for the 2008 8-hour ozone NAAQS. The maintenance plan includes two sets of VOC and NOX MVEBs: The MVEBs without transportation buffers are effective as EPA has determined them adequate for transportation conformity purposes; the MVEBs with transportation buffers will be used only as needed in situations where the conformity analysis must be based on different data, models, or planning assumptions, including, but not limited to, updates to demographic, land use, or project-related assumptions, than were used to create the set of MVEBs without transportation buffers. The technical analyses used to demonstrate compliance with the MVEBs and the need, if any, to use transportation buffers will be fully documented in the conformity analysis and follow the Transportation Planning Board's
(TPB)interagency consultation procedures. Table 3 to Paragraph (m)—Motor Vehicle Emissions Budgets for the Washington, DC-MD-VA Area Type of control strategy SIP Year VOC
(TPD)NOX
(TPD)Effective date of adequacy determination of SIP approval Maintenance Plan2014 2025 203061.3 33.2 24.1136.8 40.7 27.45/15/2019. Table 4 to Paragraph (m)—Motor Vehicle Emissions Budgets With Transportation Buffers for the Washington, DC-MD-VA Area Type of control strategy SIP Year VOC
(TPD)NOX
(TPD)Effective date of adequacy determination of SIP approval Maintenance Plan2014 2025 203061.3 39.8 28.9136.8 48.8 32.9Contingent and effective upon interagency consultation.
(n)EPA approves updates to the 2008 8-Hour Ozone national ambient air quality standard (NAAQS) maintenance plan for the Virginia portion of the Washington, DC-MD-VA 2008 8-Hour Ozone NAAQS Maintenance Area. The updates include revised motor vehicle emissions budgets (MVEBs) and updates to the applicable onroad and nonroad mobile emissions for VOC and NOX for the years 2025 and 2030. EPA also approves the allocation of a portion of the safety margins for VOC and NOX in the ozone maintenance plan to the 2025 and 2030 MVEBs. The revised MVEBs for VOC and NOX applies to all future transportation conformity determinations and analyses for the entire Washington, DC-MD-VA Maintenance Area for the 2008 8-Hour Ozone NAAQS. Table 5 to Paragraph (n)—Revised Onroad Motor Vehicle Emissions Budgets Using MOVES 3.0.4 Year VOC onroad emissions
(tpd)NOX onroad emissions
(tpd)2014 Attainment Year61.25136.84 2025 Predicted Emissions without Safety Margin27.9246.52 2025 Safety Margin5.589.30 2025 Interim Budget with Safety Margin33.5055.82 2030 Predicted Emissions without Safety Margin21.7534.26 2030 Safety Margin4.356.85 2030 Final Budget with Safety Margin26.1041.11
(o)EPA has determined, as of April 4, 2025, that based on 2021 to 2023 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area for the 2015 8-hour ozone national ambient air quality standards (2015 ozone NAAQS) has attained the 2015 ozone NAAQS. This determination, in accordance with 40 CFR 51.5138, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 2015 ozone NAAQS. [62 FR 52032, Oct. 6, 1997, as amended at 65 FR 59731, Oct. 6, 2000; 66 FR 632, Jan. 3, 2001; 69 FR 43522, July 21, 2004; 73 FR 43362, July 25, 2008; 76 FR 58120, Sept. 20, 2011; 77 FR 11741, Feb. 28, 2012; 79 FR 46714, Aug. 11, 2014; 80 FR 19219, Apr. 10, 2015; 80 FR 29963, May 26, 2015; 84 FR 15117, Apr. 15, 2019; 89 FR 80749, Oct. 4, 2024; 90 FR 14736, Apr. 4, 2025]
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- 40 CFR 51.5138
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