[Federal Register Volume 63, Number 247 (Thursday, December 24, 1998)]
[Rules and Regulations]
[Pages 71220-71225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34150]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 96
[FRL-6198-1]
Correction and Clarification to the Finding of Significant
Contribution and Rulemaking for Purposes of Reducing Regional Transport
of Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction and clarification.
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SUMMARY: The EPA is correcting and clarifying certain aspects to the
requirements for 22 States and the District of Columbia to submit State
implementation plan (SIP) revisions to prohibit specified amounts of
emissions of oxides of nitrogen (NOX) (also referred to as
the NOX SIP call). Most importantly, EPA is reopening the
period for emissions inventory revisions to 2007 baseline sub-inventory
information used to establish each State's budget in the NOX
SIP Call to February 22, 1999. This includes source-specific emission
inventory data and vehicle miles traveled (VMT) and nonroad mobile
growth rates, VMT distribution by vehicle class, average speed by
roadway type, inspection and maintenance program parameters, and other
input parameters used in the calculation of highway vehicle emissions.
The comment period for 2007 baseline sub-inventory revisions will be
reopened for two related notices of proposed rulemaking concerning
Clean Air Act section 126 petitions (the section 126 proposal) and
Federal implementation plans for the NOX SIP call (the FIP
proposal) in a future action.
DATES: This rule is effective December 28, 1998.
ADDRESSES: Dockets containing information relating to this rulemaking
(docket Nos. A-96-56, A-97-43, and A-98-12) are available for public
inspection at the Air and Radiation Docket and Information Center
(6102), U.S. Environmental Protection Agency, 401 M Street SW, room M-
1500, Washington, DC 20460, telephone (202) 260-7548, between 8:00 a.m.
and 4:00 p.m., Monday through Friday, excluding legal holidays. A
reasonable fee may be charged for copying. E-mail is A-AND-R-DOCKET-
[email protected]
FOR FURTHER INFORMATION CONTACT: General questions concerning today's
action should be addressed to Kimber S. Scavo, Office of Air Quality
Planning and Standards, Air Quality Strategies and Standards Division,
MD-15,
[[Page 71221]]
Research Triangle Park, NC 27711, telephone (919) 541-3354; e-mail:
scavo.kimber@epa.gov. Specific questions on emissions inventory updates
should be directed to Greg Stella, Office of Air Quality Planning and
Standards, Emissions Monitoring and Analysis Division, MD-14, Research
Triangle Park, NC 27711, telephone (919) 541-3649; e-mail:
stella.greg@epa.gov.
SUPPLEMENTARY INFORMATION: By notice dated October 27, 1998, EPA
published, ``Finding of Significant Contribution and Rulemaking for
Certain States in the Ozone Transport Assessment Group Region for
Purposes of Reducing Regional Transport of Ozone,'' 63 FR 57356, which
may be referred to as the NOX SIP call. By notice dated
September 30, 1998, EPA proposed, ``Findings of Significant
Contribution and Rulemakings on Section 126 Petitions and Federal
Implementation Plans for Purposes of Reducing Interstate Ozone
Transport,'' 63 FR 52213. On October 21, 1998, EPA published longer,
more detailed versions of these proposals entitled ``Findings of
Significant Contribution and Rulemaking on Section 126 Petitions for
Purposes of Reducing Interstate Ozone Transport,'' 63 FR 56292, and
``Federal Implementation Plans to Reduce the Regional Transport of
Ozone,'' 63 FR 56394. The section 126 proposal and the FIP proposal are
related to the final NOX SIP call. The comment period for
these two proposals closed on November 30, 1998.
Emission Inventory Revisions
The EPA has received numerous requests to allow more time to accept
revisions to source-specific inventory data used to establish each
State's base and budget in the NOX SIP Call and to also
allow revisions to VMT projections. The final SIP call, as described on
page 57427, provided that the opportunity for source-specific inventory
data revisions would be available for the first 60 days of the 12-month
period between signature of the NOX SIP call and the
deadline for submission of the required SIP revisions (i.e., November
23, 1998). The Agency is aware of difficulties some States have had
accessing the emission inventory data bases. Therefore, EPA, today, is
reopening this time period to 60 days from the date of publication of
this rule rather than signature of the NOX SIP call and to
accept revisions to VMT projections. However, the EPA strongly urges
commenters to submit proposed changes to the inventories of EGUs
greater than 25 MWe and non-EGU boilers and turbines greater than 250
mmBtu/hr within 30 days from the date of publication of this document,
i.e., January 25, 1999. The EPA requests commenters submit comments on
these sources first in order to facilitate incorporation of any
necessary changes into the budgets for the section 126 final rulemaking
which must be finalized by April 30, 1999 in accordance with the
consent decree governing EPA's action on the pending section 126
petitions. The EPA recommends that commenters also submit suggested
inventory revisions to the dockets for the section 126 proposal and the
FIP proposal. By a future notification, EPA will reopen the comment
period for those proposed actions to February 22, 1999 solely for the
purpose of receiving such inventory revisions. Additionally, no changes
to the emissions inventory will be made unless information, as
specified in Section III.F.5 of the final NOX SIP call, is
provided to corroborate and justify the need for the requested
modification. These revisions must be postmarked by February 22, 1999
and sent directly to the Docket Office listed in ADDRESSES (in
duplicate form if possible). (Docket no. A-96-56 for the NOX
SIP call, A-97-43 for the section 126 proposal, and A-98-12 for the FIP
proposal.) Sources and other non-State commenters should also send a
copy of their comments concerning the inventory changes to their State
air pollution control agency.
Individuals interested in modifications requested by commenters may
review the materials as they are submitted and available in the
dockets. With respect to the SIP call, within 60 days after the close
of this comment period--i.e., by April 23, 1999--EPA will evaluate the
data submitted by commenters and, if it is determined to be technically
justified, revise the State budgets for the NOX SIP call to
reflect the new data.
For a comment to be considered, the data submitted in the request
for modification must be submitted in electronic format (i.e.,
spreadsheet, data base, text file) and must be accompanied by
information to support the requested change. The EPA has identified the
specific data elements for each source sector that must be included in
the electronic file submitted with any data modification request. For
budget calculation purposes, emphasis should be on NOX
emissions, noting that other precursor emissions and modeling data are
necessary for final development of the modeling inventory.
However, in many cases, not all of the inventory information needs
to be corrected and resubmitted. For example, it may be the case that
source-specific NOX emission rates are incorrect, but all
stack and other emissions data are acceptable. In these cases, it is
not necessary to resubmit the entire inventory record data. Only source
identification information and additional data that require correction
need to be resubmitted. In those cases where the majority of the data
are incorrect or the submission is for a new, unaccounted for source,
complete files with all data fields outlined in Section III.F.5 of the
final rulemaking preamble must be submitted.
For those sources so indicated above, a simplified inventory
revision submittal is acceptable and must include the following
information:
Source sector needing revision.
Identification of the specific changes requested to the
inventory.
Reason for requested change.
All of the following sector-specific information in
electronic file format:
Electric Generating Units
Data on a source-specific basis including:
Federal Information Placement System State Code.
Federal Information Placement System (FIPS) County Code.
Plant name.
Plant ID numbers (ORIS code preferred (ORIS is a coding
mechanism used by the Department of Energy to track plants with EGUs),
State agency tracking number also or otherwise).
Unit ID numbers (a unit is a boiler or other combustion
device).
Unit type (also known as prime mover; e.g., wall-fired
boiler, stoker boiler, combined cycle, combustion turbine, etc.).
Primary fuel on a heat input basis.
Maximum rated heat input capacity of unit.
Nameplate capacity of the largest generator the unit
serves.
1995 and 1996 ozone season heat inputs.
1996 (or most recent) average NOX rate for the
ozone season.
Non-EGU Point Sources
Data on a source-specific basis including:
Federal Information Placement System State Code.
Federal Information Placement System (FIPS) County Code.
Plant name.
Plant ID numbers (National Emission Data System (NEDS),
Aerometric Information Retrieval System/AIRS Facility Subsystem (AIRS/
AFS), and State agency tracking number also or otherwise).
Unit ID numbers.
Primary source classification code (SCC).
[[Page 71222]]
Maximum rated heat input capacity of unit.
1995 ozone season or typical ozone season daily
NOX emissions.
1995 existing NOX control efficiency.
Stationary Area Sources
Data on a sub-category specific basis including:
Federal Information Placement System State Code.
Federal Information Placement System (FIPS) County Code.
Source classification code (SCC).
1995 ozone season or typical ozone season daily
NOX emissions.
1995 existing NOX control efficiency.
Nonroad Mobile Sources
Data on a sub-category specific basis including:
Federal Information Placement System State Code.
Federal Information Placement System (FIPS) County Code.
Source classification code (SCC).
1995 ozone season or typical ozone season daily
NOX emissions.
1995 existing NOX control efficiency.
Highway Mobile Sources
Data on a SCC or vehicle type basis including:
Federal Information Placement System State Code.
Federal Information Placement System (FIPS) County Code.
Primary source classification code (SCC) or vehicle type.
1995 ozone season or typical ozone season daily vehicle
miles traveled (VMT).
The EPA is also accepting comments on VMT and nonroad mobile growth
rates, VMT distribution by vehicle class, average speed by roadway
type, inspection and maintenance program parameters, and other input
parameters used in the calculation of highway vehicle emissions. These
comments must be on a county-level basis and must include adequate
evidence and explanation for any differences between the input
parameters used in the final rulemaking budgets and the input
parameters being proposed in the comments. Comments also must be
consistent with other State submittals, including SIPs, transportation
plans and conformity demonstrations, and other documents, or must
contain an explanation for the differences between the comments and
these other recent submittals and a plan to correct these other
submittals to make them consistent with the comments submitted in
response to this notice.
This process will not change the timeframes for the FIP (63 FR
56394) or section 126 (63 FR 56292) actions. A courtesy copy of
comments mailed to Greg Stella at the address listed above would be
appreciated in addition to the formal submittal to the docket(s).
Correction to Table III-1
When EPA published the final SIP call, EPA inadvertently included
as Table III-1, a previous version of numbers that do not match the
final budget numbers for the SIP call (see 63 FR 57410). The following
Table III-1 includes corrected numbers.
Table III-1.--State Budgets by Energy Source Basis
[Higher of 1995 or 1996 EIA data]
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Revised
Proposed (final) Output-based Output-
input-based input-based Output-based budgets--all based
State budgets budgets budgets--all generation budgets
fossil fuel- fossil fuel- generation sources fossil fuel-
burning burning sources except burning
generators generators nuclear generators
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
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Alabama...................................... 30644 29051 34949 35186 32854
Connecticut.................................. 5245 2583 7703 5173 4471
Delaware..................................... 4994 3523 2400 3225 3428
District of Columbia......................... 152 207 100 133 142
Georgia...................................... 32433 30255 32331 31819 30922
Illinois..................................... 36570 32045 44401 27982 29701
Indiana...................................... 51818 49020 32320 43430 45985
Kentucky..................................... 38775 36753 24930 33501 34281
Maryland..................................... 12971 14807 13329 13013 13256
Massachusetts................................ 14651 15033 11054 13292 13541
Michigan..................................... 29458 28165 32383 32145 32566
Missouri..................................... 26450 23923 19856 22776 23577
New Jersey................................... 8191 10863 12807 11265 11508
New York..................................... 31222 30273 39635 39572 32222
North Carolina............................... 32691 31394 32113 30257 29966
Ohio......................................... 51493 48468 39923 47301 50187
Pennsylvania................................. 45971 52000 53629 47172 48639
Rhode Island................................. 1609 1118 2250 3022 3213
South Carolina............................... 19842 16290 23330 14132 13877
Tennessee.................................... 26225 25386 26499 26172 24853
Virginia..................................... 20990 18258 19155 15753 15619
West Virginia................................ 24045 26439 22930 30811 32636
Wisconsin.................................... 17345 17972 15798 16693 16379
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Total.................................... 563785 543825 543825 543825 543825
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[[Page 71223]]
Budget Reductions for Large EGUs and Non-EGUs
The 2007 baseline inventory for large EGUs and non-EGUs is based on
the universe of sources in the 1995 inventory and a growth factor which
accounts both for increases in use of those sources and for new sources
that commence operation after 1995. As explained in the October 27,
1998, NOX SIP Call and as further clarified later in today's
notice, the final State budgets cap emissions on all large EGUs and
non-EGUs. This includes both sources that operated in 1995 and were
part of the baseline inventory and new sources that commence operation
after 1995. Since States must implement emission reduction strategies
that either cap emissions from these sources at the levels specified in
the SIP Call budgets or achieve equivalent reductions, all boilers and
turbines must be classified as either EGUs or non-EGUs and as small or
large. In this notice, EPA reiterates how boilers and turbines that
existed in 1995 were classified. As explained above, EPA will be
finalizing a revised 1995 inventory based on additional comments
received. The classifications that EPA uses in this inventory are the
ones that EPA will use in 2007 to determine if a unit should be
included in the EGU or non-EGU portion of this budget. This notice also
clarifies how EPA will classify units that commence operation after
1995.
Clarification of EGU Classification for Purposes of Estimating
Budget Reductions
The following discussion clarifies EPA's classification of units as
EGUs. This clarification also applies to the proposed FIP and the EPA
action under section 126.1
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\1\ If any comments are received on the following EGU
classification, EPA will consider them in the context of its final
section 126 and FIP actions.
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Consistent with the supplemental notice of proposed rulemaking (63
FR 25902, May 11, 1998) and the accompanying technical support document
related to budget development, EPA took a two-step approach to
determining which of the following categories a boiler or turbine fit
into: large EGU, small EGU, large non-EGU or small non-EGU. First, EPA
determined if a boiler or turbine fit into the category of EGU or non-
EGU. The EPA then determined if the boiler should be classified as
large or small.
The EPA used three sources of data for determining if a generator's
purpose included generation of electricity for sale and thus qualified
the unit connected to the generator as an EGU. First, EPA treated as
EGUs all units that are currently reporting under Title IV of the Clean
Air Act. Second, EPA included as EGUs any additional units that were
serving generators reporting to the Energy Information Administration
(EIA) using Form 860 in 1995. Form 860 is submitted for utility
generators. Third, EPA included units serving generators that reported
to EIA using Form 867 in 1995. Since Form 867 is submitted by non-
utility generators, including generators ``which consume all of their
generation at the facility,'' EPA excluded any units for which EPA had
information indicating that the unit was not connected to any
generators that sold any electricity. This was primarily determined by
excluding units that were not listed as sources that sell power under
contract to the electric grid using the electric generation forecasts
of the North American Electric Reliability Council.
Once EPA determined that a boiler or turbine should be classified
as an EGU, EPA considered that unit a large EGU if it served a
generator greater than 25 MWe and considered it a small EGU if it
served a generator less than or equal to 25 MWe.
While EPA believes that this methodology was the best way to
classify existing boilers and turbines given the data available, EPA
does not believe that this is the best way to classify new boilers or
turbines for regulatory purposes. The EPA will continue to use this
methodology to classify units that operated on or before December 31,
1995 as EGUs or non-EGUs. Any requests to change the EGU/non-EGU
categorization of a unit operating on or before December 31, 1995 that
EPA has categorized as an EGU or a non-EGU or any requests to add a
unit operating on or before December 31, 1995 that has not been
categorized as an EGU or a non-EGU should follow the methodology based
on data reported to EPA and EIA, outlined above. Once EPA responds to
comments received, EPA does not intend to reclassify units that were in
operation before January 1, 1996 because, as discussed below, EPA uses
a different approach to classify units that commence operation on or
after January 1, 1996. However, EPA may reconsider unit classifications
in 2007 along with the 2007 transport reassessment.
The EPA believes there are two important reasons that the
methodology outlined above is not appropriate to use on an ongoing
basis for new boilers or turbines. First, EPA is concerned about the
completeness of data using this methodology. The EPA has this concern
because there are limited consequences to not reporting to EIA and
because EPA has no assurance that sources will continue to be required
to report to EIA using the same forms. Second, because of changes in
the electric generation industry and because of regulatory developments
such as the SIP call, owners and operators of units may have an
incentive to install small (25 MWe or less) generators to larger
boilers or turbines that are primarily used for industrial processes
and not electricity generation. Such sources should be considered large
and be controlled.
For units commencing operation on or after January 1, 1996, EPA
plans to use the following two-step process. First, EPA intends to
classify as an EGU any boiler or turbine that is connected to a
generator greater than 25 MWe from which any electricity is sold. This
will be based on information reported directly to the State under the
SIP (or EPA in the case of a FIP or section 126 action). The EPA
believes this addresses the first concern about completeness of data,
as discussed in the previous paragraph. Second, if a boiler or turbine
is connected to a generator equal to or less than 25 MWe from which any
electricity is sold, it will be considered a small EGU if it has the
potential to use more than 50.0 percent of the usable energy from the
boiler or turbine to generate electricity. This will address EPA's
second concern (discussed in the previous paragraph) about owners or
operators of large boilers and turbines that have small generators. All
other boilers and turbines (including boilers and turbines connected to
generators equal to or less than 25 MWe from which any electricity is
sold and which have the potential to use 50.0 percent or less of the
usable energy from the boiler or turbine to generate electricity) will
be considered non-EGUs and the process described below should be used
to classify those units as large or small. Once a unit has been
classified, EPA does not intend to reclassify that unit, but may
reconsider unit classification in 2007 along with the 2007 transport
reassessment.
Clarification of Non-EGU Large Source Classification for Purposes
of Estimating Budget Reductions
The following discussion clarifies EPA's classification of
``large'' and ``small'' sources for categories of the non-EGU point
sources affected by the emissions budget reductions. The ``large'' non-
EGU point source categories involved in the budget reductions are
boilers, turbines, stationary internal combustion engines, and cement
plants. The following method was used to
[[Page 71224]]
identify ``large'' and ``small'' non-EGU boilers and turbines (for more
detailed information refer to the ``Development of Modeling Inventory
and Budgets for Regional SIP Call'' document, September 24, 1998, in
docket A-96-56):
1. Where boiler heat input capacity data were available for a unit,
those data were used. Units with such data that are less than or equal
to 250 mmBtu are ``small'' and units greater than 250 mmBtu/hr are
``large.''
2. Where boiler heat input capacity data were not available for a
unit, those data were estimated, as described in the NPR and SNPR.
Units estimated to be greater than 250 mmBtu/hr are ``large.''
3. Where boiler heat input capacity data were not available for a
unit and where the boiler capacity was estimated to be less than 250
mmBtu/hr, 1995 point-level emissions were checked for each unit. If the
1995 average daily ozone season emissions were greater than one ton,
the unit was categorized as a ``large'' source; otherwise, the unit was
categorized as a ``small'' source.
A stationary internal combustion engine and a cement plant were
determined to be ``large'' if its 1995 average daily ozone season
emissions were greater than one ton. The heat input capacity does not
affect its classification as large or small.
Clarification to 40 CFR 51.121(f)(2)(ii)
This notice clarifies that 40 CFR 51.121(f)(2)(ii) requires that if
a State controls large EGUs and large non-EGU boilers, turbines and
combined cycle units for purposes of complying with the NOX
SIP call, those control measures must assure that collectively all such
sources, including new or modified units, will not exceed the total
NOX emissions projected for such sources and that those
control measures must be in place no later than May 1, 2003. The
amendment made to 40 CFR 51.121(f)(2)(ii) in this correction notice
also clarifies that if SIP rules allow the large EGUs and large non-EGU
boilers, turbines, and combined cycle units to use credits from the
State compliance supplement pool, those units may use credit from the
State compliance supplement pool during the 2003 or 2004 control
seasons.
Section 51.121(f)(2)(ii) in the October 27 final SIP call requires
that if a State elects to impose control measures on fossil fuel-fired
NOX sources serving electric generators with a nameplate
capacity greater than 25 MWe or boilers, combustion turbines or
combined cycle units with a maximum design heat input greater than 250
mmBtu/hr, those measures must assure that collectively all such
sources, including new or modified units, will not exceed in the 2007
ozone season the total NOX emissions projected for such
sources. Section 51.121(b)(1)(i) requires that SIP revisions must
contain control measures adequate to prohibit NOX emissions
in excess of the budget for that jurisdiction and 40 CFR
51.121(b)(1)(ii) requires that those control measures be implemented by
May 1, 2003. Therefore, 40 CFR 51.121(f)(2)(ii) is amended to contain
an explicit reference to 40 CFR 51.121(b)(1)(i) and (ii). This
amendment clarifies that the control measures adopted for large EGUs
and large non-EGU boilers, turbines, and combined cycle units sources,
including new or modified units, must be in place by May 1, 2003.''
Additionally, by referencing 40 CFR 51.121(b)(1)(i) (40 CFR
51.121(b)(1)(i) references 40 CFR 51.121(e) which provides for
distribution of the compliance supplement pool) in 40 CFR
51.121(f)(2)(ii), this notice clarifies that if SIP rules allow large
EGUs and large non-EGU boilers, turbines and combined cycle units to
use credits from the State compliance supplement pool, those sources,
including new or modified units, may demonstrate compliance in the 2003
and 2004 control seasons using credit from the compliance supplement
pool.
Correction to 40 CFR 96.42
This notice corrects the formula for distributing unused allowances
in the new source set-aside back to existing sources. The October 27
final SIP call mistakenly included an extra parenthesis in the text of
40 CFR 96.42. The text of 40 CFR 96.42 is corrected to remove the extra
parenthesis so that the formula reads: Unit's share of NOX
allowances remaining in allocation set-aside = Total NOX
allowances remaining in allocation set-aside x (Unit's NOX
allowance allocation State trading program budget excluding
allocation set-aside).
Correction to Page 57,404
On page 57,404, third column, the carryover sentence, beginning,
``The Air Quality Modeling TSD * * *'' is inaccurate and is replaced
with the following: ``The `National Air Quality and Emissions Trends
Report, 1996,' included in the docket as VI-C-18, contains information
as to the reductions in ozone values that have resulted from these
controls.''
Administrative Requirements
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).
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). This action also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This action also is not subject to Executive
Order 13045 (Protection of Children from Environmental Health Risks and
Safety Risks) (62 FR 19885, April 23, 1997) because EPA interprets E.O.
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
action is not subject to E.O. 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks. In
addition, the National Technology Transfer and Advancement Act of 1997
(NTTAA) does not apply because today's action does not require the
public to perform activities conducive to the use of voluntary
consensus standards under that Act. The EPA's compliance with these
statutes and Executive Orders for the underlying rule, the final
NOX SIP call, is discussed in 63 FR 57477-81 (October 27,
1998).
[[Page 71225]]
List of Subjects
40 CFR Part 51
Environmental protection, Air pollution control, Administrative
practice and procedure, Carbon monoxide, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Transportation, Volatile
organic compounds.
40 CFR Part 96
Environmental protection, Administrative practice and procedure,
Air pollution control, Nitrogen dioxide, Reporting and recordkeeping
requirements.
Dated: December 18, 1998.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
40 CFR parts 51 and 96 are amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
1. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart G--Control Strategy [Amended]
2. Section 51.121 is amended to revise paragraphs (e)(4)
introductory text and (f)(2)(ii) to read as follows:
Sec. 51.121 Findings and requirements for submission of State
implementation plan revisions relating to emissions of oxides of
nitrogen.
* * * * *
(e) * * *
(4) If, no later than February 22, 1999, any member of the public
requests revisions to the source-specific data and vehicle miles
traveled (VMT) and nonroad mobile growth rates, VMT distribution by
vehicle class, average speed by roadway type, inspection and
maintenance program parameters, and other input parameters used to
establish the State budgets set forth in paragraph (e)(2) of this
section or the 2007 baseline sub-inventory information set forth in
paragraph (g)(2)(ii) of this section, then EPA will act on that request
no later than April 23, 1999 provided:
* * * * *
(f) * * *
(2) * * *
(ii) Impose enforceable mechanisms, in accordance with paragraphs
(b)(1) (i) and (ii) of this section, to assure that collectively all
such sources, including new or modified units, will not exceed in the
2007 ozone season the total NOX emissions projected for such
sources by the State pursuant to paragraph (g) of this section.
* * * * *
PART 96--NOX BUDGET TRADING PROGRAM FOR STATE
IMPLEMENTATION PLANS
3. The authority citation for part 96 continues to read:
Authority: U.S.C. 7401, 7403, 7410, and 7601.
4. Section 96.42 is amended in paragraph (f) to revise the formula
immediately preceding the word ``Where:'' to read as follows:
Sec. 96.42 NOX allowance allocations.
* * * * *
(f) * * *
Unit's share of NOX allowances remaining in
allocation set-aside = Total NOX allowances remaining in
allocation set-aside x (Unit's NOX allowance allocation
State trading program budget excluding allocation set-
aside)
* * * * *
[FR Doc. 98-34150 Filed 12-23-98; 8:45 am]
BILLING CODE 6560-50-P
