[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: 
[email protected]. 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: 
[email protected].

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
----------------------------------------------------------------------------------------------------------------
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
                                              ------------------------------------------------------------------
    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