[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Rules and Regulations]
[Pages 36854-36858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17971]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC038-2009a, MD058-3026a, VA083-5035a; FRL-6120-6]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Virginia, Maryland; 1990 Base Year Emission
Inventory for the Metropolitan Washington, DC Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the District of Columbia (the
District), the State of Maryland and the Commonwealth of Virginia State
Implementation Plans (SIP) which pertain to the 1990 base year ozone
emission inventory for the Washington, DC-MD-VA Consolidated
Metropolitan Statistical Area (CMSA). This area, commonly referred to
as the Metropolitan Washington, D.C. area, is classified as a serious
ozone nonattainment area. These SIP revisions were prepared by the
District, the Commonwealth of Virginia and the State of Maryland with
the assistance of the Metropolitan Washington Council of Governments
and were submitted for the purpose of revising the 1990 baseline of
volatile organic compound (VOC) and nitrogen oxides (NOx) emissions
that contribute to ozone nonattainment problems in the Metropolitan
Washington, D.C. area. The intended effect of this action is to approve
amendments to the 1990 base year ozone emission inventory for the
Metropolitan Washington, D.C. area in accordance with the Clean Air
Act.
DATES: This direct final rule is effective on September 8, 1998 without
further notice, unless EPA receives adverse comment by August 7, 1998.
If adverse comment is received, EPA will publish a timely document
withdrawing this rule.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone &
Mobile Sources Branch, Mailcode 3AP21, Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air Protection
Division, Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103; the District of Columbia
Department of Health, Air Quality Division, 2100 Martin Luther King
Ave., S.E., Washington, DC 20020; the Maryland Department of the
Environment, 2500 Broening Highway, Baltimore, Maryland 21224; and the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, at
EPA Region III address, or via e-mail at
cripps.christopher@epamail.epa.gov. While information may be requested
via e-mail, comments must be submitted in writing to the above Region
III address.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Clean Air Act (the Act), States have the responsibility
to inventory emissions contributing to national ambient air quality
standard nonattainment, to track these emissions over time, and to
ensure that control strategies are being implemented that reduce
emissions and move areas towards attainment. The 1990 base year
emissions inventory is the primary inventory from which the periodic
inventory, the rate-of-progress (ROP) target level and projection
inventories, and the modeling inventory are derived. The Act requires
ozone nonattainment areas designated as moderate, serious, severe, and
extreme to submit a plan within three years of 1990 to reduce VOC
emissions by 15 percent within six years after 1990 (15% ROP plan). The
baseline level of emissions, from which the 15 percent reduction is
calculated, is determined by adjusting the base year VOC inventory to
exclude biogenic emissions and to exclude certain emission reductions
not creditable towards the 15% plan. The Act further requires ozone
nonattainment areas designated as serious, severe, and extreme to
submit a plan within four years of 1990 to reduce VOC emissions by a
further nine percent in the period between six and nine years after
1990 (post-1996 ROP plan). The Act allows reductions in NOx emissions
after 1990 to be substituted for VOC reductions in the post-96 ROP
plan. When NOx reductions are substituted, the baseline level of
emissions, from which the NOx reduction percentage is calculated, is
determined by adjusting the base year NOx inventory to exclude certain
emission reductions not creditable towards the 15% plan. Further
information on these inventories and their purpose can be found in the
following documents issued by EPA:
Emission Inventory Requirements for Ozone State Implementation Plans,
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, North Carolina, March 1991
Guidance on the Adjusted Base Year Emissions Inventory and the 1996
Target for 15 Percent Rate of Progress Plans, Environmental Protection
Agency, Office of Air Quality Planning and Standards, Research Triangle
Park, North Carolina, October 1992.
Guidance on the Post '96 Rate-of-Progress Plan (RPP) and Attainment
Demonstration (Corrected version of February 18, 1994), Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina, February 18, 1994.
[[Page 36855]]
The 1990 base year inventory may also serve as part of statewide
inventories for purposes of regional modeling in transport areas. The
1990 base year inventory plays an important role in modeling
demonstrations for areas classified as moderate and above that are
located outside transport regions. The air quality planning
requirements for marginal to extreme ozone nonattainment areas are set
out in section 182(a)-(e) of Title I of the Act. The EPA has issued a
General Preamble describing EPA's preliminary views on how EPA intends
to review SIP revisions submitted under Title I of the Act, including
requirements for the preparation of the 1990 base year inventory (see
57 FR 13502 April 16, 1992; and 57 FR 18070 April 28, 1992). Because
EPA is describing its interpretations here only in broad terms, the
reader should refer to the General Preamble for a more detailed
discussion of the interpretations of Title I and its supporting
rationale. In today's rulemaking action on the Metropolitan Washington,
DC ozone nonattainment area's 1990 base year emissions inventory, EPA
is applying its interpretations taking into consideration the specific
factual issues presented.
Those states containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the Act to
submit a final, comprehensive, accurate, and current inventory of
actual ozone season, weekday emissions from all sources within 2 years
of enactment (November 15, 1992). This inventory is for calendar year
1990 and is denoted as the 1990 base year inventory. It includes both
anthropogenic and biogenic sources of VOC, NOX, and carbon
monoxide (CO) emissions. The inventory is to address actual VOC,
NOX, and CO emissions for the area during peak ozone season,
which is generally comprised of the summer months. All emissions from
stationary point and area sources, as well as highway and non-road
mobile sources, and biogenic emissions within the nonattainment area,
are to be included in the compilation.
Air quality planning in the Washington, DC ozone nonattainment area
is done jointly by the District of Columbia, Maryland, Virginia and the
Metropolitan Washington Air Quality Committee (MWAQC). The MWAQC,
composed of state and local elected officials, state air quality and
transportation planning directors and the Chair of the National Capital
Region Transportation Planning Board, ensures interstate air quality
planning consultation requirements of sections 182(j) and 174 are
fulfilled and has been certified under section 174 as the air quality
planning organization for the Washington, DC ozone nonattainment area
by the Governors of Maryland and Virginia and the Mayor of the District
of Columbia. The MWAQC recommends air quality planning measures and
approves ROP plans both of which the states adopt as SIP revisions. The
MWAQC relies upon the three air planning agencies including the
District of Columbia's Air Quality Division, Environmental Health
Division, Department of Health (formerly the Air Resources Management
Division of the Department of Consumer and Regulatory Affairs) and upon
the Metropolitan Washington Council of Governments (MWCOG) for
technical support. Each jurisdiction adopts the MWAQC-approved plan as
a revision to its SIP.
In July 1996 the MWAQC and the Washington, DC ozone nonattainment
area states began revisions to their 15% ROP plans in conjunction with
the post-1996 ROP plans. At this time certain portions of the 1990 base
year inventory were refined to utilize better information such as that
relating to traffic demand modeling, updated information on point
source emissions, and to correct certain errors in the inventory found
while the states were auditing the inventory in preparation for the
attainment demonstration modeling.
The update to the point source inventory reflects changes in
emission factors, replacement of emission factors with actual stack
testing results, correction of coding errors in boiler firing type and
correction in the associated emission factor, and improved reporting by
sources. The changes in area source emissions estimates are
attributable to changes in several categories, including, ``coal
consumption,'' which includes residential, commercial/institutional,
and industrial consumption. These changes resulted from the use of a
corrected emissions factor for under-fired stokers in the commercial/
institutional and industrial categories and a corrected emissions
factor for the residential category. In addition, the spatial
allocation approach for commercial, institutional and non-point source
industrial fossil-fuel combustion categories was changed to use
employment as the activity surrogate, instead of population. Other
revisions in area source emissions result from use of better 1990
information available for the military airports, structure fires and
certain industrial surface coating categories.
The changes in area source emissions estimates are attributable to
changes in estimates of activity split between the weekend and weekday
use of recreational boating and lawn and garden equipment and in the
Reid vapor pressure (RVP) of gasoline used in the area in 1990. The
1990 inventory was based upon an EPA supplied inventory that did not
accurately reflect the 1990 summer RVP of 8.3 psi nor the proper
activity split between the weekend and weekday use of recreational
boating and lawn and garden equipment.
The mobile source inventory was developed by using a network-based
travel demand model which is the same network used for transportation
conformity purposes. The refinements to the 1990 mobile source
emissions inventory are attributable to refinements implemented in the
traffic modeling process. These refinements are designed to provide a
better feedback relationship between congested traffic speeds on the
network and the gravity model. Additionally, updated land use
assumptions, actual 1990 census data for households and population data
and the Regional Employment Census for employment data were used in the
refinements. These updated assumptions are slightly lower than the
``projected'' 1990 assumptions used for the initial 1990 inventory
submittals.
II. Criteria for Approval
There are general and specific components of an acceptable emission
inventory. In general, a state must meet the minimum requirements for
reporting by source category. Specifically, the source requirements are
detailed below.
The base year emission inventory is approvable if it passes Levels
I, II, and III of the review process. Detailed Level I and II review
procedures can be found in the following document; ``Quality Review
Guidelines for 1990 Base Year Emission Inventories,'' Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, NC, July 27, 1992. Level III review procedures
are specified in a memorandum from David Mobley and G.T. Helms to the
Regions ``1990 O3/CO SIP Emission Inventory Level III
Acceptance Criteria,'' October 7, 1992 and revised in a memorandum from
John Seitz to the Regional Air Directors dated June 24, 1993.
The Levels I and II review process is used to determine that all
components of the base year inventory are present. The review also
evaluates the level of supporting documentation provided by the state
and assesses whether the emissions were developed according to current
EPA guidance. The data quality
[[Page 36856]]
is also evaluated. The Level III review process, as outlined here,
consists of 10 criteria. For a base year emission inventory to be
acceptable it must pass all of the following acceptable criteria:
A. An approved Inventory Preparation Plan (IPP) must be provided
and the Quality Assurance (QA) program contained in the IPP must be
performed and its implementation documented.
B. Adequate documentation must be provided that enables the
reviewer to determine the emission estimation procedures and the data
sources used to develop the inventory.
C. The point source inventory must be complete.
D. Point source emissions must be prepared or calculated according
to the current EPA guidance.
E. The area source inventory must be complete.
F. The area source emissions must be prepared or calculated
according to the current EPA guidance.
G. Biogenic emissions must be prepared according to current EPA
guidance or another approved technique.
H. The method (e.g., a network transportation planning model) used
to develop vehicle miles traveled (VMT) estimates must follow EPA
guidance, which is detailed in the document, ``Procedures for Emission
Inventory Preparation, Volume IV: Mobile Sources,'' Environmental
Protection Agency, Office of Mobile Sources and Office of Air Quality
Planning and Standards, Ann Arbor, Michigan, and Research Triangle
Park, North Carolina, December 1992. The VMT development methods must
be adequately described and documented in the inventory report.
I. The EPA's MOBILE emission factor model must be correctly used to
produce emission factors for each of the vehicle classes.
J. Non-road mobile emissions must be prepared according to current
EPA guidance for all of the source categories.
III. The District's, Virginia's and Maryland's Submittals
On November 3, 1997, the Department of Consumer and Regulatory
Affairs (DCRA) for the District of Columbia submitted the revised 1990
base year emission inventories as a formal revision to the District's
State Implementation Plan (SIP). On December 24, 1997 the Maryland
Department of the Environment submitted the revised 1990 base year
emission inventories as a formal revision to the Maryland SIP, and on
December 17, 1997 the Virginia Department of Environmental Quality
submitted the revised 1990 base year emission inventories as a formal
revision to the Virginia SIP. EPA reviewed this submittal to determine
completeness shortly after submittal, in accordance with the
completeness criteria set out at 40 CFR Part 51, Appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). The submittals were
determined to be complete on December 10, 1997, January 13, 1998 and
January 12, 1998 for the District's, Maryland's and Virginia's
submittals, respectively.
IV. EPA Analysis of the SIP Revisions
Based on EPA's Level I, II, and III review findings, the District,
Maryland and Virginia have satisfied all of EPA's requirements for
providing a comprehensive and accurate 1990 base year inventory of
actual emissions for the Metropolitan Washington, D.C. ozone
nonattainment area.
There were no deficiencies found during the Level I and II review.
The Level I and II checklists are contained in the TSD prepared for
this action.
A summary of EPA's Level III findings is given below:
A. The Inventory Preparation Plan (IPP) and Quality Assurance (QA)
program have been approved and implemented. These were approved on
March 27, 1992, August 11, 1992 and August 27, 1992 for the District,
Maryland and Virginia, respectively.
B. The documentation was adequate for all emission types
(stationary point, area, highway mobile, on-road mobile and biogenic
sources) for the reviewer to determine the estimation procedures and
data sources used to develop the inventory.
C. The point source inventory was found to be complete.
D. The point source emissions were estimated according to EPA
guidance.
E. The area source inventory was found to be complete.
F. The area source emissions were estimated according to EPA
guidance.
G. The biogenic source emissions were estimated using the Biogenic
Emission Inventory System (PC-BEIS) in accordance with EPA guidance.
H. The method used to develop VMT estimates was adequately
described and documented.
I. The mobile model was used correctly.
J. The non-road mobile emission estimates were correctly prepared
in accordance with EPA guidance.
Thus, EPA has determined that the District's, the State of
Maryland's and the Commonwealth of Virginia's submittals meet the
essential reporting and documentation requirements for a 1990 base year
emission inventory.
A summary of the emission inventories broken down by point, area,
biogenic, on-road, and non-road mobile sources is presented for VOC,
NOX, and CO emissions in the tables below.
Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction
[1990 Base-Year VOC Inventory]
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District of
Columbia Maryland Virginia Area total
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Point Source Emissions...................................... 1.0 5.5 8.1 14.6
Area Source Emissions....................................... 20.0 94.2 77.0 191.2
Non-Road Mobile Emissions................................... 5.5 32.1 32.8 70.4
On-Road Mobile Emissions.................................... 32.6 108.4 110.1 251.1
Biogenic Emissions.......................................... 3.2 225.9 147.4 376.5
Total................................................. 62.3 466.1 375.4 903.8
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Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction
[1990 Base-Year NOX Inventory]
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District of
Columbia Maryland Virginia Total
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Point Source Emissions...................................... 7.6 267.4 59.8 334.8
[[Page 36857]]
Area Source Emissions....................................... 3.4 15.8 28.1 47.3
Non-Road Mobile Emissions................................... 5.5 43.5 36.0 85.0
On-Road Mobile Emissions.................................... 25.8 129.1 106.8 261.7
Biogenic Emissions.......................................... NA NA NA NA
Total................................................. 42.3 455.8 230.7 728.8
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Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction
[1990 Base-Year Carbon Monoxide (CO) Inventory]
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District of
Columbia Maryland Virginia Total
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Point Source Emissions..................................... 4.3 51.8 3.6 59.7
Area Source Emissions...................................... 2.7 9.8 49.6 62.1
Non-Road Mobile Emissions.................................. 145 427.4 365 937.4
On-Road Mobile Emissions................................... 248.3 901.5 909.1 2058.9
Biogenic Emissions......................................... NA NA NA NA
Total................................................ 400.3 1390.5 1327.3 3118.1
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EPA has determined that the submittals made by the District,
Maryland and Virginia satisfy the relevant requirements of the Act.
EPA's detailed review of the emission inventories is contained in a
Technical Support Document (TSD) which is available, upon request, from
the EPA Regional Office listed in the ADDRESSES section above.
EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse or critical comments be filed. This rule will be effective
September 8, 1998 without further notice unless the Agency receives
adverse comments by August 7, 1998.
Should EPA receive such comments, then EPA will publish a document
informing the public that this rule did not take effect. All public
comments received will then be addressed in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this rule. Only parties interested in commenting on this
action should do so at this time. If no such comments are received, the
public is advised that this rule will be effective on September 8, 1998
and no further action will be taken on the proposed rule.
If adverse comments are received that do not pertain to all
paragraphs in this rule, those paragraphs not affected by the adverse
comments will be finalized in the manner described here. Only those
paragraphs which receive adverse comments will be withdrawn in the
manner described here.
V. Final Action
EPA is approving the revised 1990 base year ozone emission
inventory for VOC and NOX submitted by the District of
Columbia, State of Maryland and the Commonwealth of Virginia for the
Metropolitan Washington, D.C. ozone nonattainment area. The inventory
revisions concern VOC, and NOX emissions from point, area,
highway mobile, and non-road mobile biogenic emissions.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
VI. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
The final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under section 205,
[[Page 36858]]
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. EPA has determined that
the approval action promulgated does not include a Federal mandate that
may result in estimated costs of $100 million or more to either State,
local, or tribal governments in the aggregate, or to the private
sector. This Federal action approves pre-existing requirements under
State or local law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
D. Submission to Congress and the General Accounting Office
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).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 8, 1998. Filing a petition for
reconsideration by the Administrator of this 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, regarding the 1990 emission inventory for the Washington,
DC ozone nonattainment area submitted by the District of Columbia,
State of Maryland and Commonwealth of Virginia, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
record keeping requirements, and SIP requirements.
Dated: June 23, 1998.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
Part 52, Chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart J--District of Columbia
2. Section 52.474 is amended by adding paragraph (c) to read as
follows:
Sec. 52.474 1990 Base Year Emission Inventory.
* * * * *
(c) EPA approves as a revision to the District of Columbia State
Implementation Plan an amendment to the 1990 base year emission
inventories for the District's portion of the Metropolitan Washington,
D.C. ozone nonattainment area submitted by the Director, Department of
Consumer and Regulatory Affairs, on November 3, 1997. This submittal
consists of amendments to the 1990 base year point, area, highway
mobile, and non-road source emission inventories in the area for the
following pollutants: volatile organic compounds (VOC), and oxides of
nitrogen (NOX).
Subpart V--Maryland
3. Section 52.1075 is amended by adding paragraph (f) to read as
follows:
Sec. 52.1075 1990 Base Year Emission Inventory.
* * * * *
(f) EPA approves as a revision to the Maryland State Implementation
Plan an amendment to the 1990 base year emission inventories for the
Maryland portion of the Metropolitan Washington DC ozone nonattainment
area submitted by the Secretary of Maryland of the Department
Environment on December 24, 1997. This submittal consists of amendments
to the 1990 base year point, area, highway mobile, and non-road mobile
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), and oxides of nitrogen
(NOX).
Subpart VV--Virginia
4. Section 52.2425 is amended by adding paragraph (d) to read as
follows:
Sec. 52.2425 1990 Base Year Emission Inventory.
* * * * *
(d) EPA approves as a revision to the Virginia State Implementation
Plan amendments to the 1990 base year emission inventories for the
Northern Virginia ozone nonattainment area submitted by the Director,
Virginia Department Environmental Quality, on December 17, 1997. This
submittal consists of amendments to the 1990 base year point, area,
non-road mobile, and on-road mobile source emission inventories for the
following pollutants: volatile organic compounds (VOC), and oxides of
nitrogen (NOX).
[FR Doc. 98-17971 Filed 7-7-98; 8:45 am]
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