[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Proposed Rules]
[Pages 43124-43129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20465]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 97
[FRL-6416-7]
Notice of Availability of Unit-Specific Information for Affected
Sources Under the Section 126 and Proposed Section 110 FIP Rulemakings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability and request for comment.
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SUMMARY: The Environmental Protection Agency (EPA) is making available
to the public three sets of data relating to our proposed Federal NO__
Budget Trading Program. We proposed the program in rulemakings under
sections 126 and 110 of the Clean Air Act. The program aims to reduce
interstate transport of ozone by controlling emissions of nitrogen
oxides (NO__). NO__ emissions significantly contribute to violations of
the National Ambient Air Quality Standard for ozone in downwind states.
This document is a notice of availability and request for comment on
the following data related to the allocation of NO__ allowances under
the Federal NO__ Budget Trading Program: electric generation data from
May through September for the years 1995 through 1998, for electric
generating units (EGUs); heat input data from May through September for
the year 1998 for all EGUs reporting under EPA's Acid Rain Program;
heat input data from May through September for the years 1997 and 1998
and heat rate data for EGUs not reporting under EPA's Acid Rain
Program; and heat input data for May through September for the year
1995 for certain non-electric generating units (non-EGUs). We may use
these data in the future to allocate NO__ allowances under the Federal
NO__ Budget Trading Program. Therefore, EPA is providing an opportunity
for public comment on these data.
Readers should note that we will only consider comments about the
data discussed in this notice and are not soliciting comments on any
other topic. In particular, we are not reopening the comment period for
the October 21, 1998 proposed rule on the section 126 rulemaking or the
October 21, 1998 proposed rule on the section 110 Federal
Implementation Plans (FIPs) through this Notice of Data Availability.
Neither are we soliciting comments on inventory data for 1995 and 1996
that we used to develop Statewide emission budgets.
DATES: Comments on the data will be accepted through September 8, 1999.
ADDRESSES: You may submit comments to the Air and Radiation Docket and
Information Center (6102), Docket Nos. A-97-43 (section 126 rulemaking)
and A-98-12 (section 110 FIP rulemaking), U.S. Environmental Protection
Agency, 401 M Street SW, room M-1500, Washington, DC 20460, telephone
(202) 260-7548. Identify your comments with these docket numbers.
Submit two originals or exact duplicates of your comments to each
docket. Please submit your comments on paper, not in electronic format.
We request this so that we do not receive multiple versions of the same
comment that might contradict each other.
Documents relevant to this action are available for inspection at
the Air Docket and Information Center, at the above address, between
8:00 a.m. and 5:30 p.m., Monday though Friday, excluding legal
holidays. A reasonable copying fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: General questions concerning today's
action and technical questions concerning electrical generation data
should be addressed to Margaret Sheppard, Acid Rain Division, EPA, Mail
Code 6204 J, 401 M Street SW, Washington, D.C. 20460, telephone 202-
564-9163, email address sheppard.margaret@epa.gov. For technical
questions concerning heat input data, contact Kevin Culligan at
telephone 202-564-9172, email address culligan.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline:
1. What is today's action?
2. Where can I get the data?
3. How are these data related to the proposed Section 126 and
Section 110 FIP NOX allowance allocations?
4. Why is EPA requesting comment on these data?
5. What data are EPA making available for review and comment?
6. What things is EPA not requesting comment on?
7. What are the sources of EPA's data?
a. Electric generation data for utilities
b. Heat input data for EGUs
c. Electric generation and heat input data for non-utility
generators
d. Heat input for non-EGUs
8. What other data sources did EPA consider?
9. What supporting documentation do I need to provide with my
comments?
10. How is this action related to the Section 126 and proposed
Section 110 FIP rulemakings?
11. How is this action related to the NOX SIP Call?
1. What is Today's Action?
Today, we are making available data on heat input and electrical
generation for units that could potentially be affected by a Federal
action under section 126 or by a FIP under section 110 of the Clean Air
Act. The purpose of making the data available for comment is to ensure
that we have accurate information to help us develop NOX
allowance allocations for the Federal NOX Budget Trading
Program. For example, the data referenced by this document could be
used as the basis for NOX emission allowance allocations to
be finalized under the section 126 rulemaking. Also, a number of
Northeastern States have stated that they intend to submit SIPs in
response to EPA's NOX SIP Call by September 30, 1999. Data
referenced in this notice could aid States in developing NOX
allowance allocations for their SIPs.
2. Where Can I Get the Data?
These data are available in files on the Regional Transport of
Ozone webpage at http://www.epa.gov/ttn/rto/. You will find links to
the data under ``What's New'' and under the ``Related Documents and
Data'' subheadings
[[Page 43125]]
under the ``Transport FIPs'' and ``Section 126 Petitions'' headings on
the Regional Transport of Ozone webpage. The files are in a compressed
file labeled ``allodata.zip''; this compressed file contains three
files labeled ``egufinal.txt,'' ``zegout.txt,'' and ``nonegu.txt.'' In
addition, these data are in Docket Nos. A-97-43 (section 126
rulemaking) and A-98-12 (section 110 FIP rulemaking). We describe the
contents of these data files below under section 5, ``What data are EPA
making available for review and comment?'.
3. How Are These Data Related to the Proposed Section 126 and
Section 110 FIP NOX Allowance Allocations?
In the section 126 and section 110 FIP proposed rulemakings (63 FR
56291 and 63 FR 56393, October 21, 1998), we requested comment on
appropriate ways to allocate NOX allowances for the Federal
NOX Budget Trading Program. We also proposed three different
methods for allocating NOX allowances for EGUs using the
following data:
a. Heat input data during May through September (the ozone season)
for the years 1995 through 1997 for fossil fuel-fired units.
b. Estimated electric generation for fossil fuel-fired units during
May through September for the years 1995 through 1997. We calculated
electric generation using the historical heat input data in million
British thermal units (mmBtu) and heat rate data in kilowatt hours
(kWh) per Btu.
c. Estimated electric generation for all electricity generators
during May through September for the years 1995 through 1997. We
calculated electric generation for fossil fuel-fired units using the
historical heat input and heat rate data. This option differed from the
second option because it also included allocations for electric
generating plants that do not burn fuel, such as nuclear and
hydroelectric power plants. For electric generating plants that did not
burn fuel, we used electric generation data calculated using outputs
from the Integrated Planning Model (IPM). (IPM is an economic model
used by industry and government. EPA used this model to estimate the
costs and emission reductions that would result from controlling
NOX emissions under the NOX SIP call. See 63 FR
57356, October 27, 1998.)
During the public comment periods for the proposed section 126 and
section 110 FIP rulemakings, commenters suggested that we rely on
additional, and in some cases different, sources of data than those we
proposed for the allocations for EGUs. In particular, commenters
suggested using data for 1998 and using electric generation data from
the Energy Information Administration (EIA).
In the proposed section 126 and section 110 FIP rulemakings, we
also proposed one method for allocating NOX allowances for
large non-EGUs (that is, units with a maximum design heat input greater
than 250 mmBtu/hr). For this notice, non-EGUs are only fossil-fuel
fired industrial boilers and turbines. We proposed using heat input
data for non-EGUs during May through September for the year 1995.
Commenters suggested that we use more than one year's worth of data to
allocate NOX allowances for non-EGUs, but they did not
suggest where we could find other data.
4. Why is EPA Requesting Comment on These Data?
We are soliciting comment to ensure that we can use current, high
quality data for allocating NOX allowances, regardless of
the methodology we will choose for the allocation. We are requesting
comments on unit-specific output data for EGUs from May through
September for the years 1995 through 1998. We also are requesting
comments on unit-specific heat input data for all EGUs for May through
September for the year 1998. We request comments submitting data for
EGUs that do not report under the Acid Rain Program for May through
September for the years 1997 and 1998. Finally, we are requesting
comment on unit-specific heat input data for non-EGUs from May through
September for the year 1995. Where the heat input from May through
September for the year 1995 is not representative of a non-EGU's
operation over the last several years, we also will take comments
providing us with heat input data from May through September for the
years 1996, 1997, and/or 1998. We may use the data referenced in this
document for allocating allowances. As explained further below in the
section entitled, ``What supporting documentation do I need to provide
with my comments?'', EPA expects to change the data in response to
comment only if the commenter provides appropriate supporting
documentation.
5. What Data are EPA Making Available for Review and Comment?
We are providing data for units and generators in the following
states which may be subject to the Federal NOX Budget
Trading Program under a section 126 action or under a FIP: Alabama,
Connecticut, Delaware, District of Columbia, Georgia, Illinois,
Indiana, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New
Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin. We
are making the following data available for review:
a. EGU electric generation data from May through September for the
years 1995 through 1998, which we may use in an electricity output-
based allocation. In addition, there are heat rate data that we used to
calculate the electric generation for non-utility generators. We
request comment on these heat rate values. See section 7, ``What are
the sources of EPA's data?'', subsection c. for further discussion
about how we used heat rate data to determine electric generation.
b. Heat input data for May through September for the year 1998 for
all EGUs reporting under the Acid Rain Program, which we may use in a
heat input-based allocation. We do not have heat input data for EGUs
that are not reporting under the Acid Rain Program for 1998, and we
have only limited data for these units for 1997. We are recording zero
heat input for these units for those years where the data are not
available. We request comment on heat input data from May through
September for the years 1997 and 1998, which EPA could use for the heat
input-based allocation for specific EGUs that are not reporting under
the Acid Rain Program.
c. Heat input data for May through September for the year 1995 for
non-EGUs, which we may use in a heat input-based allocation. If you
find that the heat input for your unit during May through September for
the year 1995 is not representative of your unit's operation over the
last several years, then you may comment and provide us heat input data
for May through September for the years 1996, 1997, and/or 1998. See
section 4, ``What supporting documentation do I need to provide with my
comments?'' for details on the supporting information you should
provide.
The data files include information for fossil fuel-fired units
which are listed in our updated emission inventory and for electric
generators that do not burn fuel for which we previously proposed
output-based allocations under the Federal NOX Budget
Trading Program. During preparation of the proposed NOX
allowance allocations, we did not have a reliable source of nameplate
capacity data for generators that do not burn fuel. Recently, we have
obtained reliable nameplate capacity data for more of these generators
from EIA that we could use to identify whether or not generators are
greater than 25 MWe. Thus, we also request comments on nameplate
capacity of electric generators that do not burn fuel.
You will find the data in three files:
[[Page 43126]]
``eguburn.txt''--This data file contains unit and source
identification information, nameplate capacity, identification of which
units are reporting under the Acid Rain Program, heat rate, electric
generation data, and heat input data for fossil fuel-fired EGUs serving
generators with a nameplate capacity greater than 25 MWe.
``egunonox.txt''-- This data file contains generator and
source identification information, nameplate capacity, source of
energy, and electric generation data for electric generators that do
not burn fuel.
``nonegu.txt''-- This data file contains unit and source
identification information and heat input data for fossil fuel-fired
non-EGUs with a maximum design heat input greater than 250 mmBtu/hr.
See section 2 above, ``Where can I get the data?'' for the location
of the data on the Internet.
6. What Things EPA Not Requesting Comment on?
We are soliciting comment only on the data presented through this
document. We are not requesting comment on any other issue or data. For
example, we are not requesting comment on:
The October 21, 1998 proposed section 126 rule.
The October 21, 1998 proposed section 110 FIP rule.
Issues related to the Statewide emission budgets and to
the 1995 and 1996 emission inventories (e.g., heat input values for
EGUs for 1995 and 1996, or NOX emission values for non-EGUs
for 1995).
The May 14, 1999 updated emission inventory.
Allocation methods for EGUs or non-EGUs in the proposed
Federal NOX Budget Trading Program.
The April 30, 1998 final section 126 rule.
The June 14, 1999 interim final and proposed section 126
rules.
Please note that we have not made any decision on the methodology
for allowance allocations. We solicited comment on the appropriate
allocation methodology in the proposed section 126 and section 110 FIP
rulemakings and are considering the comments we have received.
7. What are the Sources of EPA's Data?
a. Electric Generation Data for Utilities
Electric utilities reported electric generation data to the Energy
Information Administration (EIA) on EIA form 759. We obtained net
electric generation data in megawatt hours (MWh) for the ozone season
(May through September) during the years 1995 through 1998, for each
utility power plant that submitted EIA form 759. These data are
available through the EIA's webpage at ftp://ftp.eia.doe.gov/pub/
electricity/.
We apportioned the plant-level net electric generation data in EIA
Form 759 to each unit at the plant. For electric generators that did
not burn fuel, we generally divided the plant-level generation using
each generator's portion of the total nameplate capacity of all
generators at the plant. For certain plants, we found that generator-
specific nameplate capacity data were unclear. In these cases, we
apportioned the data from EIA form 759 to each generator at the plant
equally. These plants included nuclear power plants, hydroelectric
plants, and other facilities that did not combust fuel to generate
electricity. For generators at plants that did not combust fuel for
which data from EIA form 759 are not available, EPA used generation
calculated using IPM. The data file includes this average value for the
ozone season during all four years (1995 through 1998) for these units.
For fossil fuel-fired units, generally we divided the plant-level
generation in EIA form 759 using each unit's portion of the plant's
total heat input during the ozone season. We describe this calculation
further below. For plants at which we had heat input data for some
units but were uncertain about the heat input data for other units at
the plant, we apportioned the data from EIA form 759 data on the basis
of each unit's nameplate capacity. This situation arose generally in
1997 and 1998 for plants which had some units reporting under the Acid
Rain Program and some units that were not reporting under the Acid Rain
Program.
b. Heat Input Data for EGUs
To apportion plant-level electric generation data to individual
units for 1995 and 1996, we used the heat input in the May 14, 1999
updated inventory (see 64 FR 28250). For units that reported emissions
and heat input data under the Acid Rain Program, these heat input data
came from reports submitted to EPA to demonstrate compliance under the
Acid Rain Program. For units that did not report emissions and heat
input data under the Acid Rain Program, we collected heat input data
while developing our May 14, 1999 updated inventory. Values in the May
14, 1999 updated inventory were either reported to the Agency by
sources or by State environmental agencies. The heat input data for the
ozone seasons during 1995 and 1996 have been subject to multiple public
reviews. Thus, we are not requesting further comments on these data.
To apportion plant-level electric generation data to individual
units for 1997, we are using heat input data that we used to develop
proposed NOX allowance allocations in the October 21, 1998
proposed section 126 and section 110 FIP rulemakings. We modified these
heat input values in response to comments. You can find an explanation
of the changes we made to the heat input data in the response to
comments document in the docket for the NOX SIP Call (Docket
No. A-96-56). We based most of the heat input data for the 1997 ozone
season upon the data reported to us under the Acid Rain Program. In
addition, for some EGUs that did not report under the Acid Rain
Program, we used heat input values for 1997 which we received in public
comments in connection with the May 14, 1999 updated inventory. (We did
not use heat input data for the year 1997 to establish emission
budgets.) EPA again requests comment on heat input data for the 1997
ozone season for sources that do not report under the Acid Rain
Program.
For May through September of 1998, we used the heat input reported
by sources for compliance purposes under the Acid Rain Program. Under
the Acid Rain Program, the designated representative for the affected
source has certified the data in these reports as accurate. Because we
do not have heat input data for units that are not reporting under the
Acid Rain Program, we include heat input values of zero for them in the
data files for 1998. See the discussion below for ``electric generation
data for non-utility generators.'' We used the 1998 heat input data
both:
To apportion electric generation data to units within a
plant; and
To create the separate set of 1998 heat input data that we
are offering for comment in today's action.
c. Electric generation and heat input data for non-utility generators
We do not have measured electric generation data for non-utility
generators. Although EIA gathers generation data from these units, EIA
kept those plant-specific data confidential for 1995 through 1997.
Although EIA will be making the 1998 generation data publicly
available, it has not yet done so.
Where commenters provided heat rate or heat input information for
their non-utility units, we used those values instead to calculate
electric generation. Commenters could have provided comments on heat
input data or heat
[[Page 43127]]
rate data with their comments on the October 21, 1998 proposed section
126 and section 110 FIP rules or could have provided comments on heat
input data with their comments on the October 27, 1998 version of the
emission inventory used to develop State NOX emission
budgets under the final NOX SIP Call rule. If commenters did
not provide heat rate information for their non-utility units, then we
used the generic heat rate value used in the Integrated Planning Model
(IPM) for the unit type and nameplate capacity (for these heat rate
values, see the October 21, 1998 proposed section 126 rule, 63 FR
56316). In cases where commenters did not send us heat input
information, we used calculated average values for heat input from IPM
for 1995 and 1996 (the years that could be used to calculate States'
emission budgets). This means that in some cases, you will see the same
heat input for 1995 and 1996 and no heat input or generation for 1997
or 1998 in EPA's data files. We then used the heat rate and heat input
values from IPM to calculate generation values for 1995 and 1996 at
these units. We also did this for 1997 if a commenter provided 1997
heat input data for a non-utility unit. We have not included 1998 heat
input values or 1998 generation values in the data file for these
units.
For non-utility generators that did not burn fuel, such as
hydroelectric plants, we used IPM to calculate average values for
generation for the ozone seasons from 1995 through 1997. In the data
file for the generators that did not burn fuel, this average electric
generation for each generator is the generation value for each of the
four ozone seasons from 1995 through 1998.
d. Heat Input Data for non-EGUs
For heat input data for non-EGUs, we used data for 1995 developed
from the October 27, 1998 version of the emission inventory used to
develop State NOX emission budgets under the final
NOX SIP call rule. We also used data submitted during
multiple public comment periods on the inventory underlying the
NOX SIP call and section 126 actions. The last public
comment period was open from October 27, 1998 to February 22, 1999 and
resulted in the May 14, 1999 updated inventory. See 64 FR 26298.
7. What Other Data Sources Did EPA Consider?
We also considered using unit-specific generation data reported to
EIA on EIA form 767. A commenter provided this data for many units
which were listed in the October 27, 1998 version of the emission
inventory used to develop State NOX emission budgets under
the final NOX SIP call rule. Form 767 is for steam-electric
generators with a nameplate capacity of 10 MWe or more. It does not
apply to turbines or combined cycle systems. We did not use the data
from EIA form 767 because we did not have these data for turbines,
combined cycle systems, or units added to EPA's May 14, 1999 updated
inventory based on comments received during the October 27, 1998 to
February 22, 1999 public comment period. In addition, data from EIA
form 767 are not yet available for 1998.
In order to treat all unit types consistently and in order to use
the same approach for all years from 1995 through 1998 for as many
units as possible, we instead chose to use data from EIA form 759.
However, we would consider comments that provide data from EIA form 767
for specific units as a way of apportioning generation from the plant
level, as reported on EIA form 759, rather than using heat input or
nameplate capacity. We recognize that the electric generation data from
EIA form 767 is a measured value and thus provides a more precise and
more accurate electric generation value than using heat input or
nameplate capacity to apportion generation from the plant level.
However, we also note that the electric generation data from EIA form
767 are not available at all for many units and are not available for
1998 for any unit at this time. You can find the unit-level data from
EIA form 767 that a commenter provided to the Agency for most fossil
fuel-fired boilers in the file ``eguout.xls'' on the Regional Transport
of Ozone webpage in the same locations as for the data files mentioned
above under section 2, ``Where can I get the data?''.
8. What Supporting Documentation do I Need to Provide With my
Comments?
While we will consider all comments we receive during the public
comment period on the topics for comment in this notice, we expect to
change the data in response to comment only if the commenter sends
appropriate supporting documentation. Therefore, you should send
supporting documentation from prior to the date this document was
signed with your comments if you want us to change or add data for
electric generation or heat input. Please submit your comments and
supporting documentation on paper, not in electronic format. We request
this so that we do not receive multiple versions of the same comment
that might contradict each other.
For electric generation data from EGUs (May through September,
1995-1998), we will accept data that was already reported to EIA. For
utilities, we will accept copies of EIA form 767 for all steam
generating units at a source. If you have already submitted a new or
revised EIA form 759 to EIA, also send a copy with any comment to EPA.
For non-utility generators, we will accept data the source used to
report on EIA form 867 for the years 1995 through 1997 or EIA form 860B
for the year 1998. If the form requires annual generation data, you
will also need to include an explanation and documentation for
apportioning the annual generation to the ozone season (May 1 through
September 30). If you own or operate an EGU and you want to use data
other than what you previously reported to EIA, you should:
State the source of the new data;
Thoroughly explain and document why the data reported
previously was incorrect; and
Explain why the new data is more accurate.
For heat input data for units that do not report under the Acid
Rain Program, including non-EGUs, we will consider corroborating data.
This would include fuel purchase records or information reported to a
State environmental agency or a State utility commission.
In general, we do not expect to change heat input data for units
reporting under the Acid Rain Program since the source's designated
representative under the Acid Rain Program has already submitted the
heat input data and certified their accuracy for compliance purposes.
However, we will consider changes if the source's designated
representative provides evidence that we improperly calculated heat
input at the unit level, where the heat input was actually measured at
another location (such as a common stack). We will also consider
changing heat input data for a unit reporting under the Acid Rain
Program if the source's designated representative demonstrates that the
data we are providing for comment here do not agree with the data
reported to EPA for compliance with the Acid Rain Program. You should
explain why the data values in EPA's data file(s) are incorrect and
document and explain the new data values. See Table 1 below.
[[Page 43128]]
Table 1.--Supporting Documentation You Should Send to EPA With Your Comments
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and you are commenting
If you have this source type: on this type of data: Then you should submit this documentation:
----------------------------------------------------------------------------------------------------------------
EGU boiler reporting under the Acid electrical generation.. (May-Sept. of 1995, 1996, 1997, or 1998)
Rain Program. Updated EIA form 759 or
EIA form 767.
heat input............. (May-Sept. 1998)
Explanation and documentation of why
heat
input was incorrect and
Explanation of new values.
EGU turbine or combined cycle unit electrical generation.. (May-Sept. 1995, 1996, 1997, or 1998)
reporting under the Acid Rain Updated EIA form 759.
Program.
heat input............. (May-Sept. 1998)
Explanation and documentation of why
heat input was incorrect and
Explanation of new values.
EGU non-utility generator (not electrical generation.. (May-Sept. 1995, 1996, or 1997)
reporting under the Acid Rain EIA form 867 and
Program). Explanation and documentation for
apportioning the annual generation to the ozone
season or
(May-Sept. 1998)
EIA form 860B.
heat input............. (May-Sept. 1998)
Fuel purchase records or
Information reported to a State
environmental agency or a State utility
commission.
Non-EGU.............................. heat input............. (May-Sept. 1995 \1\)
Fuel purchase records or
Information reported to a State
environmental agency or a State utility
commission.
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\1\ If heat input during May through September for the year 1995 is not representative of your unit's operation
over the last several years, then you may provide us heat input data for May through September for the years
1996, 1997, and/or 1998 with the same type of supporting documentation.
9. How is this Action Related to the Section 126 and Proposed
Section 110 FIP Rulemakings?
On October 21, 1998, in accordance with section 126, we proposed
action on the petitions filed by eight Northeastern States seeking
relief from the transport of NOX across State boundaries.
See 63 FR 56291. NOX is one of the main precursors of
ground-level ozone. We also proposed FIPs that may be needed if any
State fails to revise its State Implementation Plan (SIP) to comply
with the NOX SIP call. See 63 FR 56393, October 21, 1998. In
these actions, we proposed to control emissions from large boilers,
turbines, and combined cycle systems through the Federal NOX
Budget Trading Program.
The Federal NOX Budget Trading Program is a multi-state
NOX air pollution control and emission reduction program. We
proposed the Federal trading program in part 97 as a way to reduce the
interstate transport of ozone and NOX. We are developing
this program to control NOX emissions cost-effectively from
large stationary sources. These large sources, mostly power plants and
industrial boilers and turbines, significantly contribute to violations
of the National Ambient Air Quality Standards for ozone in States
downwind of the sources.
The section 126 and section 110 FIP Notices of Proposed Rulemaking
are contained in the rulemaking dockets. They are also currently
available on EPA's Website at http://www.epa.gov/ttn/rto under
``Section 126 Petitions'' and ``Transport FIPs.''
On April 30, 1999 we issued a final section 126 action that
determined that portions of the petitions are approvable based on their
technical merits (64 FR 28250, May 5, 1999). We deferred making final
findings under section 126, which would trigger control requirements
for sources, pending certain actions by States and EPA with respect to
the NOX SIP call. We also delayed finalizing the details of
the Federal NOX Budget Trading Program. On May 14, 1999, the
District of Columbia Circuit Court of Appeals remanded the 8-hour
National Ambient Air Quality Standard for ozone, which formed part of
the underlying technical basis for EPA's determinations on certain
section 126 petitions. In a separate action, the same court granted a
motion to stay the SIP submission deadline for the NOX SIP
call. This action, in effect, also stays the potential for a related
FIP. In addition, the court action impacts the section 126 final rule,
because we had linked our final findings under section 126 with the
NOX SIP call schedule.
In light of the court rulings, we issued an interim final rule (64
FR 33956, June 24, 1999). The interim final rule temporarily stays the
April 30, 1999 Section 126 rule while we conduct notice-and-comment
rulemaking to modify certain aspects of that rule. On June 24, 1999, we
also issued a proposed rule, which proposed to:
(1) indefinitely stay the portion of the April 30, 1999 rule that
relied on the 8-hour ozone standard, and
(2) remove the automatic trigger mechanism for making section 126
findings that was linked with the NOX SIP call deadlines;
instead, we would simply take an independent action making the findings
in a final rule (64 FR 33962). Under this new schedule, we will move
forward with the portion of the section 126 rulemaking that is based on
the 1-hour ozone standard. We intend to finalize the Federal
NOX Budget Trading Program and allowance allocations for
sources that will be subject to section 126 control requirements at the
same time that we make the section 126 findings. In the June 24, 1999
proposal, we indicated that we expected to issue the section 126 final
rule by November 30, 1999 or soon thereafter. We also would use the
Federal NOX Budget Trading Program
[[Page 43129]]
for certain source categories if we ultimately issue a FIP in
conjunction with the NOX SIP call.
10. How is This Action Related to the NOX SIP Call?
This action is not directly related to the NOX SIP Call,
but is related indirectly. The data could be used to determine
NOX allowance allocations if we issue a FIP because a State
fails to respond adequately to the NOX SIP Call. States
could also use the data to prepare NOX allowance allocations
for their SIPs. Some Northeastern States have stated that they intend
to submit SIPs in response to EPA's NOX SIP Call by
September 30, 1999.
Dated: July 30, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-20465 Filed 8-6-99; 8:45 am]
BILLING CODE 6560-50-P
