[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Proposed Rules]
[Pages 2455-2460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-664]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-50-1-7401; FRL-6213-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Louisiana: Revision to the State Implementation Plan (SIP) for the 
Ozone Maintenance Plan for St. James Parish

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a revision to the Louisiana 
SIP for the St. James Parish ozone maintenance area, submitted by the 
State of Louisiana on April 23, 1998. The revision includes: an 
adjustment to the volatile organic compound (VOC) emission inventory 
for the 1990 base year of the approved maintenance plan, and changes to 
the approved contingency plan's triggers and control measures. This 
rulemaking action is

[[Page 2456]]

being taken under sections 110, 301 and part D of the Clean Air Act 
(the Act).

DATES: Comments must be received on or before February 16, 1999.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section, at the EPA Regional 
Office listed below. Copies of the documents relevant to this action 
are available for public inspection during normal business hours at the 
following locations. Persons interested in examining these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day. Environmental Protection Agency, Region 
6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. Louisiana Department of Environmental Quality, Office 
of Air Quality and Radiation Protection, H. B. Garlock Building, 7290 
Bluebonnet Blvd., Baton Rouge, Louisiana, 70810.

FOR FURTHER INFORMATION CONTACT:
Lt. Mick Cote, Air Planning Section (6PD-L), Environmental Protection 
Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone 
(214) 665-7219.

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act as amended in 1977 required areas that were 
designated nonattainment based on a failure to meet the ozone National 
Ambient Air Quality Standard (NAAQS) to develop SIPs with sufficient 
control measures to expeditiously attain and maintain the standard. St. 
James Parish was designated under section 107 of the 1977 Clean Air Act 
as nonattainment with respect to the ozone NAAQS on September 11, 1978 
(40 CFR 81.319). As required by part D and section 110 of the 1977 
Clean Air Act, the State of Louisiana submitted an ozone SIP. The EPA 
fully approved this ozone SIP on October 29, 1981 (46 FR 53412). 
Further, the EPA approved a revision to this ozone SIP on May 5, 1994 
(59 FR 23164).
    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted (Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q). The ozone nonattainment designation for this parish 
continued by operation of law according to section 107(d)(1)(C)(i) of 
the Act, as amended in 1990 (See 56 FR 56694, November 6, 1991). Since 
the State had not yet collected the required three years of ambient air 
quality data necessary to petition for redesignation to attainment, 
this area was designated as unclassifiable-incomplete data for ozone. 
The Louisiana Department of Environmental Quality (LDEQ) then collected 
more than 3 years of ambient monitoring data that showed no violations 
of the one-hour ozone NAAQS of .12 parts per million. A violation of 
the ozone standard occurs if data show four or more exceedances during 
a consecutive 3-year period. Accordingly, on May 25, 1993, Louisiana 
requested the redesignation of St. James Parish to attainment with 
respect to the ozone NAAQS. This request was accompanied by an ozone 
maintenance SIP. Certain approvability issues were raised, and the 
State submitted a revised redesignation request and maintenance plan on 
December 15, 1994.
    Region 6 evaluated the December 1994 submittal, and published its 
direct final approval rule in the Federal Register on September 12, 
1995 (60 FR 47280). No adverse comments were received on the direct 
final, and the attainment designation and maintenance plan approval for 
St. James Parish were effective on November 13, 1995. For detailed 
information concerning the ozone redesignation and SIP approval process 
and the applicable Federal guidance, please review the September 12, 
1995, direct final Federal Register rule.
    Our office received the Governor's submittal of the April 23, 1998, 
SIP revision for St. James Parish on April 30, 1998. The technical 
evaluation that follows includes a thorough review of the overwhelming 
transport demonstration, the emissions inventory revision, the revised 
growth projections, and the revised contingency measures. We have also 
reviewed LDEQ's approach to ensure that this action is consistent with 
actions taken elsewhere in the Nation.

II. Analysis of the Current Contingency Plan

    The ozone monitor in St. James Parish recorded three exceedances of 
the one-hour ozone standard in 1995. The approved maintenance plan for 
St. James Parish included contingency measures to be adopted and 
implemented if future air quality conditions warranted such action. 
These future conditions were identified in the contingency plan as 
self-generated or transport ozone exceedances. To this end, the State 
intended to review any future ozone exceedance to determine whether the 
episode was due to local emissions or transport from an upwind source. 
If the ozone exceedance was a result of local conditions, then the 
contingency measure corresponding to that particular exceedance would 
be triggered, and the State would begin the rulemaking process to adopt 
the triggered measure into the State's regulations.
    The LDEQ discussed with us its belief that the three ozone 
exceedances recorded in 1995 were the result of transport from the 
Baton Rouge area. Given that St. James Parish did not violate the ozone 
standard in 1995, and that the intent of the contingency plan language 
was to ensure that the State had the opportunity to review the source 
of the ozone exceedances to determine whether a contingency measure was 
triggered, EPA agreed to provide LDEQ with the additional time 
necessary for completion of a transport demonstration. Further, it was 
EPA's position that, if the ozone exceedances were determined to be the 
result of transport and not self-generated, implementation of a local 
contingency measure would not contribute to local improvements.
    On July 31, 1996, LDEQ submitted a trajectory analysis to EPA. This 
analysis was intended to demonstrate overwhelming transport from the 
Baton Rouge area as the cause of the three 1995 exceedances in St. 
James Parish. A September 5, 1996, letter from EPA to LDEQ raised 
questions about the demonstration, and suggested three options for the 
State to consider to meet its SIP obligation.
    The LDEQ opted to use the EPA recommended Urban Airshed Model (UAM) 
to demonstrate overwhelming transport. In addition, the LDEQ revised 
its contingency plan for St. James Parish to make it consistent with 
contingency plans elsewhere in the State and the Nation.

III. Analysis of State Submittal

    The revision to the ozone SIP for St. James Parish is comprised of 
the following elements: (1) A correction to the 1990 point source 
inventory and growth projections, (2) a change to the contingency plan 
triggering event from three exceedances of the one-hour ozone standard 
to a violation of the one-hour ozone standard (four exceedances in any 
consecutive three-year period), and (3) a clarification to the 
narrative portion of the contingency plan, which discusses the State's 
procedures for evaluation of whether a triggering event has occurred.

A. 1990 Point Source Inventory

    The LDEQ compiled a comprehensive inventory of VOCs, oxides of 
nitrogen (NOX), and carbon monoxide (CO) to represent 
emissions from area, stationary, and mobile sources in St. James 
Parish. This inventory was included as part of the December 15,

[[Page 2457]]

1994, redesignation request from the State, and was approved by EPA on 
September 12, 1995 (60 FR 47280). The LDEQ later discovered a reporting 
error which resulted in a 1,052 ton per year overestimation of the VOC 
emissions generated in St. James Parish. A facility named LAJET had 
ceased operations prior to 1990, but its VOC emissions were 
inadvertently left on the State's emission data base. The EPA regional 
office has researched both the State's data base and EPA's Aerometric 
Information Retrieval System, and has confirmed that the facility did 
cease operations prior to 1990. Both databases have been adjusted to 
correct this error.
    The LDEQ has corrected the 1990 base year source and emissions 
inventory, and submitted it to EPA as a revision to the ozone SIP for 
St. James Parish. The revision also includes new growth projections for 
each category of source (point, area, mobile) and pollutant (VOCs, 
NOX, CO) through 2005.
    The EPA agrees with the contents of the revised 1990 base year 
inventory, and the projections through 2005 still demonstrate 
maintenance of the one-hour ozone standard. The State followed EPA 
guidance in projecting growth, and its methodology for growth factor 
selection is acceptable. For these reasons, EPA proposes to approve the 
revised 1990 base year inventory and projections for St. James Parish 
as listed below.

                                         Revised Point Source Emissions
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                           Company                              SIC code      CO TPY      NOX TPY      VOC TPY
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St. James Sugar Cooperative.................................         2061           78           57           78
Colonial Sugar..............................................         2062           12           76            6
Occidental Chemical.........................................         2812            4           96            2
Kaiser Aluminum & Chemical Co...............................         2819           98       11,105           35
Chevron Chemical Co.........................................         2865           63          518           68
Laroche Chemicals...........................................         2869            0            0           27
Faustina....................................................         2873          274          767          143
Agrico--Uncle Sam Faustina..................................         2874            2           18            1
Star Enterprise.............................................         2911          321        1,566        1,662
Calciner Industries.........................................         2999            0          305            0
Agrico Faustina.............................................         4911            1            7            0
Transcontinental Gas Pipeline...............................         4922           18          142            6
Agrico--Uncle Sam...........................................         4961            0           20            1
                                                             ---------------------------------------------------
    Totals..................................................  ...........          871       14,677        2,029
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                                                               Revised Point Source Projected Emissions Reported in Tons per Year
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                                                                                             Growth projections for                Growth projections for                Growth Projections for
                                                                                1990-1995             1995            1995-2000             2000            2000-2005             2005
                      SIC code                        CO TPY  NOX TPY  VOC TPY    growth  ---------------------------   growth  ---------------------------   growth  --------------------------
                                                                                  factor      CO      NOX      VOC      factor      CO      NOX      VOC     factors      CO      NOX      VOC
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20.................................................       90      133       84       .96        86      128       81       .97        83      124       77       .96        80      119       74
28.................................................      441   12,504      276       .99       437   12,379      273      1.00       437   12,379      273       .99       433   12,255      270
29.................................................      321    1,871    1,662      1.00       321    1,871    1,662      1.01       324    1,890    1,679       .98       318    1,852    1,645
4919...............................................       19      169        7      1.06        20      179        7      1.06        21      190        7      1.03        22      196        7
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
    Total..........................................      871   14,677    2,029  .........      864   14,557    2,023  .........      865   14,583    2,036  .........      853   14,422    1,996
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                          Revised Emission Budget for St. James Parish in Tons per Year
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                                                                  1990         1995         2000         2005
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Point Source CO.............................................          871          864          865          853
Point Source NOX............................................       14,677       14,557       14,583       14,422
Point Source VOC............................................        2,029        2,023        2,036        1,996
Area Source CO..............................................           93           93           95           95
Area Source NOX.............................................           36           36           37           37
Area Source VOC.............................................          435          436          444          445
Mobile Source Nonroad CO....................................        2,386        2,393        2,438        2,442
Mobile Source Nonroad NOX...................................        1,397        1,401        1,427        1,430
Mobile Source Nonroad VOC...................................          551          552          563          564
Mobile Source CO............................................        6,315        5,048        4,064        3,582
Mobile Source NOX...........................................        1,250        1,117        1,026          989
Mobile Source VOC...........................................          763          576          515          493
                                                             ---------------------------------------------------
    Total CO................................................        9,665        8,398        7,462        6,972
                                                             ===================================================
    Total NOX...............................................       17,360       17,111       17,073       16,878
                                                             ===================================================
    Total VOC...............................................        3,778        3,587        3,558        3,498
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[[Page 2458]]

B. St. James Parish Ozone Contingency Plan

    Section 175A of the Act requires that an ozone maintenance plan 
include contingency provisions, as necessary, to promptly correct any 
violation of the one-hour ozone standard that occurs after 
redesignation of the area to attainment. The existing contingency plan 
for St. James Parish includes measures to be adopted prior to a 
recorded violation of the one-hour ozone standard. This more stringent 
approach identified VOC offsets and applicable reasonably available 
control technology (RACT) regulations to be adopted, based on two and 
three recorded ozone exceedances, respectively.
    The approved contingency plan requires a review of the exceedance 
to determine whether the cause is due to local emissions or emissions 
transported from other areas. It was our interpretation that if the 
source of the exceedance was transport, no contingency measure would 
need to be implemented. If the source of the exceedances was determined 
to be local, then appropriate measures were identified for 
implementation.
    The LDEQ submitted UAM results as part of its April 23, 1998, SIP 
revision. This UAM demonstration was developed in accordance with the 
EPA's Guideline For Regulatory Application of The Urban Airshed Model 
(July 1991), and the September 1, 1994, general transport guidance 
document entitled Ozone Attainment Dates for Areas Affected by 
Overwhelming Transport. This guidance identified modeling criteria for 
demonstrations from downwind areas where ozone transport makes it 
practically impossible for the area to attain the standard by its own 
attainment date.
    The UAM demonstration submitted to EPA as part of the April 23, 
1998, SIP revision indicates that ozone formed in the Baton Rouge 
nonattainment area in 1995 and was transported to St. James Parish, 
causing separate exceedances of the ozone standard. The EPA has 
evaluated this UAM demonstration and agrees that overwhelming transport 
from the Baton Rouge area was responsible for the three ozone 
exceedances recorded in St. James Parish in 1995. Further, a 
determination of transport for these 1995 ozone exceedances relieves 
LDEQ from any requirement to implement VOC offsets or any additional 
RACT in St. James Parish, since the source of the exceedances was not 
located within the parish. Please see the technical support document 
available from the EPA Regional Office listed above for a detailed 
evaluation of the UAM demonstration.
    The LDEQ has revised its existing contingency plan to base the 
triggering event on a localized violation of the one-hour ozone 
standard (four exceedances in a consecutive three-year period). 
Additionally, the revised contingency plan identifies a menu of one or 
more contingency measures to be adopted if a future violation is 
recorded and determined to be due to local conditions. The menu 
includes:
    1. Limiting VOC emissions from filling of gasoline storage vessels;
    2. Limiting VOC emissions from graphic arts for rotogravure and 
flexographic processes;
    3. Limiting VOC emissions for Synthetic Organic Chemical 
Manufacturing Industry reactor processes and distillation operations;
    4. Limiting VOC emissions from batch processing;
    5. Limiting VOC emission from cleanup solvent processing;
    6. Limiting VOC emissions from industrial wastewater; and/or,
    7. Implementing a 1.1 to 1 offset ratio for permits.
    If it is determined, within 120 days after the recorded violation, 
that the recorded violation is not due to transport from an upwind 
area, the Secretary of LDEQ then has six months to select an 
appropriate measure, and an additional 20 months for implementation of 
that contingency measure to be completed. The selected contingency 
measure, therefore, will be implemented within 30 months of the 
recorded violation.
    These contingency measures and the schedule for implementation 
satisfy the requirements of section 175A(d) of the Act, and EPA is 
today proposing approval of the revised contingency plan for St. James 
Parish.

C. One Hour Ozone Standard Revocation

    On July 18, 1997, EPA finalized a revision to the NAAQS for ozone 
which changed the standard from 0.12 parts per million (ppm) averaged 
over one hour, to 0.08 ppm, averaged over eight hours. The EPA revoked 
the one hour standard based on an area's attainment of the one hour 
ozone standard. The revocation of the one hour standard was based on 
quality assured air monitoring data for the years 1994-1996.
    On July 16, 1997, President Clinton issued a directive to 
Administrator Browner on implementation of the new ozone standard, as 
well as the current one hour ozone standard (62 FR 38421). In that 
directive the President laid out a plan for how the new ozone and 
particulate matter standards, as well as the current one hour standard, 
are to be implemented. A December 29, 1997, memorandum entitled 
``Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 
NAAQS,'' signed by Richard D. Wilson, EPA's Acting Assistant 
Administrator for Air and Radiation, reflected that directive. The 
purpose of the guidance reflected in the memorandum is to ensure that 
the momentum gained by States to attain the one hour ozone NAAQS was 
not lost when moving toward implementing the eight hour ozone NAAQS.
    The guidance document explains that maintenance plans will remain 
in effect for areas where the one hour standard is revoked; however, 
those maintenance plans may be revised to withdraw certain contingency 
measure provisions that have not been triggered or implemented prior to 
EPA's determination of attainment and revocation. Where the contingency 
measure is linked to the one hour ozone standard or air quality ozone 
concentrations, the measures may be removed from the maintenance plan. 
Measures linked to non-air quality elements, such as emissions 
increases or vehicle miles traveled, may be removed if the State 
demonstrates that removing the measure will not affect an area's 
ability to attain the eight hour ozone standard.
    After the one hour standard is revoked for an area, EPA believes it 
is permissible to withdraw contingency measures designed to correct 
exceedances or violations of that standard. Since such measures were 
designed to address future violations of a standard that no longer 
exists, it is no longer necessary to retain them. Furthermore, EPA 
believes that future attainment and maintenance planning efforts should 
be directed toward attaining the eight hour ozone NAAQS. As part of the 
implementation of the eight hour ozone standard, the State's ozone air 
quality will be evaluated and eight hour attainment and nonattainment 
designations will be made.
    The final revocation action was published on June 5, 1998 (63 FR 
31013). St. James Parish was included as an area whose air quality data 
qualified it for having the one-hour ozone standard revoked, and as 
such the State now has the option to withdraw any non-triggered 
contingency measure from the SIP. If EPA approves the UAM demonstration 
and the revision to the SIP, the State could withdraw any or all non-
triggered contingency measures. However, the State has decided to go 
further than required and continue to

[[Page 2459]]

include contingency measures in the revised maintenance plan for St. 
James Parish.

D. Proposed Rulemaking Action

    The EPA has reviewed the SIP submittal for consistency with the 
Act, applicable EPA regulations and EPA policy, and is proposing to 
approve this April 23, 1998, UAM demonstration and SIP submittal to 
revise the ozone maintenance plan for St. James Parish under sections 
110(k)(3), 301(a), and part D of the Act.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''.

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires that EPA provide to OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires that EPA 
develop an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on State, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of Executive Order 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly affects or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires EPA to provide to OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process, permitting 
elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. The rule does not involve or 
impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Small entities 
include small businesses, small not-for-profit enterprises, and small 
governmental jurisdictions. This proposed rule will not have a 
significant impact on a substantial number of small entities because 
SIP approvals under section 110 and subchapter I, part D of the 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, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of a flexibility analysis 
would constitute Federal inquiry into the economic reasonableness of 
state action. The Act forbids EPA to base its actions concerning SIPs 
on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 256-66 
(1976); 42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
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 the private sector, of $100 
million or more. Under section 205, 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.
    The EPA has determined that the proposed action 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 preexisting 
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.

[[Page 2460]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 18, 1998.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 99-664 Filed 1-13-99; 8:45 am]
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