RD84 - Air Pollution Control Policies of the Commonwealth


Executive Summary:

The Annual Report on the Commonwealth's Air Pollution Control Policies and Air Quality is prepared in accordance with § 10.1-1307 G of the Code of Virginia. The 2004 report addresses the development and implementation of air quality improvement plans, the designation of localities that do not meet air quality standards, new air quality programs that are under development and recent enforcement actions by the Department of Environmental Quality. For more information, contact Melissa Porterfield, Air and Waste Policy Manager, Department of Environmental Quality, at 804-698-4238.

Status of Air Quality

• Although overall air quality is gradually improving, certain areas do not comply with the new 8-hour ozone standard (see list on the following page).

• Northern Virginia region is still in violation of the 1-hour standard.

• EPA proposes to designate 9 localities in Northern Virginia area as not meeting the new standard for PM2.5 (fine particulate matter), alleging that the emissions from these localities contribute to nonattainment conditions in the Maryland and Washington, D.C. areas.

Planning for the 1-hour Ozone Standard

• The Northern Virginia area has been "bumped up" from a serious classification to a severe classification for the 1-hour ozone standard. However, EPA has promulgated a regulation to remove the 1-hour ozone standard as of April 15, 2005.

• Violations based on 1996-1998 data triggered contingency measures for the Richmond maintenance area. A new maintenance plan with revised contingency measures was submitted to EPA; proposed approval was issued on October 7, 2002.

• Violations based on 1999-2001 data triggered contingency measures for the Hampton Roads maintenance area. A new maintenance plan with revised contingency measures is being developed.

• Development of a maintenance plan for the White Top Mountain nonattainment area is on-hold due to a lack of recent air quality data. The original designation was based on air quality data from a federal monitoring station which is now removed. Virginia and EPA are exploring ways to re-designate to attainment without the need for the data.

Planning for the 8-hour Ozone Standard

• On June 2, 2003, EPA released its options for the planning requirements for areas that will be nonattainment under the new 8-hour standard.

• The Commonwealth submitted its recommendations for the 8-hour nonattainment areas on July 9, 2003 (see page 13).

• The final decision by EPA regarding designation of the 8-hour nonattainment areas was promulgated on April 15, 2004. The affected localities are in the Northern Virginia area, Fredericksburg area, Richmond Area, and Hampton Roads area. Most of the localities were at one time designated nonattainment for the 1-hour ozone standard but there are a few new localities.

• Two areas (Frederick County and Roanoke areas) that have been identified as potential nonattainment areas by both Virginia and EPA have agreed to abide by EPA's early action compact policy. Under this policy, the areas will have the nonattainment designation delayed in exchange for implementing emissions reduction controls earlier that otherwise required

• On July 12, 2004, the Commonwealth submitted a request to reclassify the Richmond Ozone Nonattainment Area from moderate to marginal. EPA is required to make a final decision by September 15, 2004. Approval by EPA would remove the need to implement some control measures.

Planning for the PM2.5 Standard

• On April 1, 2003, EPA issued guidance to states on the process for designating areas for the purpose of implementing the PM2.5 (fine particulate matter) national ambient air quality standard.

• The Commonwealth submitted its recommendations on the designations of areas under the PM2.5 standard on February 13, 2004, requesting that all areas be designated attainment.

• On June 29, 2004, EPA released its proposed intentions regarding the designation of areas in Virginia under the PM2.5 standard. Although there were no violations of the PM2.5 standard in the Commonwealth, EPA has proposed to designate 9 localities in Northern Virginia area as nonattainment, alleging that the emissions from these localities contribute to nonattainment conditions in the Maryland and Washington, D.C. areas.

• Plans are due February 2008.

NOX SIP Call

• The State Air Pollution Control Board adopted a NOX SIP Call regulation on May 21, 2002, with an amendment being adopted on November 5, 2003.

• On August 25, 2004, EPA granted full approval of the regulation.

The Appropriations Act enables DEQ to auction the NOX emission credits set-aside for new units. The allowances allocated to existing units have been distributed. The allowances set-aside for new units were distributed by auction held on June 24, 2004. Approximately $10.5 million was generated by the auction and deposited in the general fund.