INTRODUCTION
Section 10.1-1307 G of the Code of Virginia contains the following provision:
"The Board shall submit an annual report to the Governor and General Assembly on or before October 1 of each year on matters relating to the Commonwealth's air pollution control policies and on the status of the Commonwealth's air quality. . . ."
In most areas, air quality in Virginia meets national air quality standards. This is good news for Virginians as Governor Warner, the State Air Pollution Control Board and the Department of Environmental Quality strive to maintain and improve air quality. However, a number of regions do not meet the air quality standard for ozone. The following report details the status of Virginia's air quality and the policies and regulations that govern Virginia's air quality program.
EXECUTIVE SUMMARY
• Status of Air Quality
- Overall, air quality continues to gradually improve. Originally, five areas throughout the state did not meet the 8-hour ozone standard. Of the five areas, four now meet the standard. Two of these areas have recently applied for re-designation, and two others are planning to make similar applications.
- The Northern Virginia region is still in violation of the 1-hour ozone standard.
- EPA has designated 9 localities in Northern Virginia area as nonattainment for the PM2.5 (fine particulate matter) standard, alleging that the emissions from these localities contribute to nonattainment 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. (As discussed below, note that the 1-hour standard was replaced with the 8-hour standard.) 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 was 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.
- 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, Hampton Roads area, and part of Shenandoah National Park. Many of the localities were at one time designated nonattainment for the 1-hour ozone standard but a few new localities were added.
- 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. Approval by EPA would remove the need to implement some control measures.
- On May 4, 2005, the department submitted a request to re-designate the Fredericksburg Ozone Nonattainment Area from nonattainment to maintenance, which would remove the need to implement some control measures.
- A similar re-designation request for the Shenandoah National Park Ozone
Nonattainment Area will be requested before the end of the year.
• 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.
- Although there were no violations of the PM2.5 standard in the Commonwealth, EPA has designated 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.
• Clean Air Interstate Rule (CAIR)
- EPA’s Clean Air Interstate Rule (CAIR), which EPA promulgated to address transport of NOX and SO2 emissions in 28 states in the East and Midwest and the District of Columbia, was published in the Federal Register on May 12, 2005. It became effective on July 11, 2005, except for provisions relating to the Acid Rain Program, which are effective July 1, 2006.
- The department is currently engaged in developing a proposed regulation, which includes participation by an ad hoc advisory group.
- States covered by CAIR must submit SIPs by September 11, 2006.
• Clean Air Mercury Rule (CAMR)
- On May 18, 2005, EPA published in the Federal Register the Clean Air Mercury Rule (CAMR) to control emissions of mercury from electric utilities under § 111 of the Clean Air Act.
- The department is currently engaged in developing a proposed regulation, which includes participation by an ad hoc advisory group.
- States covered by CAIR must submit § 111(d) plans to implement CAMR by November 17, 2006.
