[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Rules and Regulations]
[Pages 11222-11231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4518]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-6542-9]
RIN 2060-AH10


Technical Amendment to the Finding of Significant Contribution 
and Rulemaking for Certain States for Purposes of Reducing Regional 
Transport of Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: The EPA is revising the nitrogen oxides (NOX) 
statewide emissions budgets for the 22 States and the District of 
Columbia which are required to submit State implementation plan (SIP) 
revisions to address the regional transport of ozone (also referred to 
as the NOX SIP call) (63 FR 57356, October 27, 1998). These 
revisions are mainly based on comments received for emissions inventory 
revisions to 2007 baseline information used to establish each State's 
budget during the comment periods for both the NOX SIP call 
and the ``Technical Amendment to the Finding of Significant 
Contribution and Rulemaking for Certain States for Purposes of Reducing 
Regional Transport of Ozone'' which was published on May 14, 1999. Some 
revisions were made based on comments received after the comment 
periods but deemed to be technically justified.

EFFECTIVE DATE: This rule is effective April 3, 2000.

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 Office of Air and Radiation Docket and Information 
Center (6102), U.S. Environmental Protection Agency, 401 M St., SW, 
Room M-1500, Washington, DC 20460, telephone (202) 260-7548, between 
8:00 a.m. and 5:30 p.m., Monday through Friday, excluding legal 
holidays. A reasonable fee may be charged for copying. Docket materials 
may be sent by electronic mail to [email protected]. Documents 
related to this notice are available on EPA's website at http://www.epa.gov/ttn/oarpg/otagsip.html, and http://www.epa.gov/ttn/rto/.

FOR FURTHER INFORMATION CONTACT: General questions concerning today's 
technical amendment should be addressed to Jan King, Office of Air 
Quality Planning and Standards, Air Quality Strategies and Standards 
Division, MD-15, Research Triangle Park, NC 27711, telephone (919) 541-
5665; e-mail: [email protected]. Specific questions on the revised 
NOX emissions budgets should be directed to Gregory 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]. Specific questions on the 
electric generating unit (EGU) sector should be directed to Kevin 
Culligan, Office of Atmospheric Programs, Clean Air Markets Division, 
401 M Street SW, 6204J, Washington, D.C., 20460, telephone (202) 564-
9172; e-mail; [email protected].

SUPPLEMENTARY INFORMATION: By notice dated October 27, 1998, EPA 
published the final NOX SIP call. The final NOX 
SIP call provided the opportunity for comments on 2007 baseline sub-
inventory revisions. If data submitted by commenters were determined to 
be technically justified, the State baseline inventory and budgets for 
the NOX SIP call would be revised to include the new data. 
In response to the comments received during this comment period, 
revised baseline inventories and budgets were published in the May 14, 
1999 technical amendment (64 FR 26298).
    The EPA is proceeding to final action now on a second technical 
amendment based on further comments received from the public in 
response to the SIP call and the request for comments on inventory 
revisions as well as the May 14, 1999 technical amendment. The final 
NOX SIP call required that the SIPs be submitted by 
September 30, 1999 and the controls be implemented by May 1, 2003. On 
May 25, 1999, the courts granted a stay on the SIP submittal date of 
September 30, 1999. However, we are moving forward with these 
corrections because some States are voluntarily submitting SIPs as soon 
as they can incorporate the new emissions inventory and statewide 
budget numbers. Also, today's changes are necessary to make the 
NOX SIP Call inventory consistent with the inventory adopted 
when EPA granted Section 126 petitions on December 17, 1999. The 
NOX SIP Call and the Section 126 petitions are to be based 
on the same inventory. To the extent relevant, the corrections 
contained in today's action have already been incorporated in the 
section 126 inventory.
    To the extent the Administrative Procedure Act might require 
publication of an additional notice of proposed rulemaking for this 
action, EPA finds good cause to dispense with such a proposal. The EPA 
finds it would be contrary to the public interest, because a number of 
States are proceeding with revisions to their SIPs that are dependent 
upon finalization of these inventories. Any delay in finalizing these 
inventories would require States to delay submitting their SIP 
revisions and therefore could delay emissions reductions that would be 
realized as a result of these SIP revisions. Furthermore, EPA has 
already provided a sufficient opportunity for public comment on the 
inventory issues (5

[[Page 11223]]

U.S.C. 553(b)(B)) through the prior comment period on the SIP call and 
the first technical amendment.

I. Changes to the Inventory

    Subsequent to the publication of the May 14, 1999 technical 
amendment revising the emission budgets for the NOX SIP 
call, a number of commenters raised concerns about EPA's interpretation 
of their comments. In addition, new information was also submitted by 
commenters after May 14, 1999. Further, EPA conducted a thorough review 
of all the comments received regarding the May 14 technical amendment. 
This was done in an attempt to identify other mistakes made in 
incorporating the revision requests. The Agency modified the base 
inventories and budget calculations in areas where these reviews 
uncovered incorporation errors or where new data was found to be 
technically valid.
    As part of the above review, EPA became aware of an error common to 
many stationary reciprocating internal combustion (IC) engines in 
several States. The error generally occurred because the permits issued 
to the sources used only one point and stack identification number for 
each of several engines located at one site; i.e., individual engines 
at one site that were permitted together received the same 
identification number. Then, in calculating the total emissions from 
that source, the inventory resulted in identifying the source 
incorrectly as a large source instead of several small sources with 
separate emission points.
    In some cases, this common error was noted by individual companies 
during the original comment period for the NOX SIP call. In 
the process of making the corrections described above, EPA also made 
minor corrections to the IC engine inventory based on further 
discussions with the industry and where concurrence of the relevant 
State agency was obtained.
    In addition, on August 9, 1999, (64 FR 43124) EPA issued a Notice 
of Data Availability seeking comment on heat input and electrical 
output data that could be used to allocate NOX allowances 
under a Federal NOX Budget Trading Program. EPA received a 
number of comments on that Notice that have also lead to review of 
earlier comments submitted by those commenters. In some cases this 
review has led to changes in the electricity generating unit (EGU) and 
non-electricity generating unit (non-EGU) portions of the budget.

II. Changes to Statewide Sub-Inventory Sector NOX 
Emissions Budgets

    Changes to the Statewide NOX emissions budgets made in 
this technical amendment are mainly in response to the comments 
submitted during prior comment periods for the NOX SIP call 
and the May 14, 1999 technical amendment. Each of the sub-inventory 
sectors of electricity generating unit (EGU), non-electricity 
generating unit(non-EGU) point, area, nonroad mobile, and highway 
mobile were commented on and affected to some extent by this EPA 
action. The changes made in each sub-inventory sector are further 
described below. The total emissions budget for all of the sub-
inventory sectors decreased less than 1 percent from the May 14, 1999 
technical amendment to this action.
    As a result of these revisions, EPA anticipates that full 
implementation of the NOX SIP call will reduce total 
NOX emissions by 1.111 million tons in the 2007 ozone 
season. This is a slight decrease from the 1.157 million tons in total 
NOX reductions identified in the final NOX SIP 
call. The total overall percent reduction decreased slightly from 28 
percent to 25 percent as a result of the smaller amount of emissions 
reductions and an increase in the emissions inventory baseline. Even 
though there was a slight increase in the overall NOX 
emissions inventory, EPA expects that the impact on air quality 
benefits and cost effectiveness would be small because the emissions 
changes are minor.
    The EGU source budgets increased by less than 1 percent from the 
final SIP call. A number of EGU point source units were reclassified to 
the non-EGU source sector and some non-EGU sources were reclassified to 
the EGU source sector. Further, in response to comments, the EGU budget 
also adds previously unidentified EGUs. Overall, the emissions 
reductions from this sector are similar to the emissions reductions of 
the final NOX SIP call.
    On September 15, 1999, EPA took a direct final rulemaking (64 FR 
49987) action modifying the EGU portions of the budget for the States 
of Connecticut, Massachusetts and Rhode Island. On November 1, 1999, 
after receiving adverse comment, EPA withdrew that final action (64 FR 
58792).
    Therefore, today's action does not include the modifications to the 
budgets for those three States that were finalized on September 15, 
1999. EPA is reviewing the comments received on that action and intends 
to address them in a future rulemaking action. As explained in the 
September 15, 1999 action, such an action would be a redistribution of 
the budget among the three States and would have no affect on the 
budget or compliance supplement pool for any other states.
    The non-EGU source budgets increased by 13 percent from the final 
NOX SIP call for several reasons. First, many sources were 
reclassified from large non-EGUs to small non-EGUs, thereby removing 
them from the category of non-EGU sources requiring budget level 
controls (i.e., 30 percent reduction from large cement kilns, 60 
percent reduction from large industrial boilers and large gas turbines, 
and 90 percent reduction from large IC engines). Second, some non-EGU 
units for which EPA assumed controls were reclassified to categories 
for which controls were not assumed; this reclassification results in 
excluding them from budget level controls (e.g., large industrial 
boiler reclassified as a glass manufacturer). Many State and local 
agencies submitted revised non-EGU point source inventories which 
replaced their final NOX SIP call inventory for non-EGUs. A 
number of non-EGU point source units were reclassified to the EGU 
source sector and a number of EGU sources were reclassified to the non-
EGU source sector. The result of all of these reclassifications is that 
fewer non-EGUs would be subject to EPA's assumed control strategy. 
Finally, corrections to the growth rates of many non-EGU sources were 
made to reflect the growth misapplied in the May 14, 1999 version of 
the budget. Because the 2007 base budget increased, but the total 
number of units that would be subject to controls under EPA's assumed 
control strategy decreased, these changes lower the amount of emissions 
expected to be reduced by the NOX SIP call by 44,072 tons.
    Changes in the stationary area source budgets resulted in an 
increase of 10 percent from the final NOX SIP call to that 
portion of the budget. Some State and local agencies submitted revised 
stationary area source inventories to replace their final 
NOX SIP call inventory. In addition, EPA is applying a more 
consistent method for calculating ozone season emissions based on 
typical ozone season daily emissions. To retain consistency in State 
ozone season estimation methods, EPA is estimating seasonal emissions 
budgets by multiplying the typical ozone season day emission value by 
the number of days (153) in the ozone season. Since EPA does not apply 
any controls to this source sector in calculating the reductions for 
the final NOX SIP call, there is no expected effect

[[Page 11224]]

on the overall reduction due to these changes.
    Changes in the nonroad mobile source budget resulted in an overall 
increase of 15 percent to the nonroad mobile source budget from the 
nonroad source budget in the final NOX SIP call. The EPA 
applied the same ozone season estimation methods change described above 
for stationary area sources to the nonroad mobile source budget. 
Several State and local agencies provided emissions growth and control 
data for use in estimating the nonroad sector of the budgets. Since EPA 
did not apply any controls to this source sector in calculating the 
reductions for the final NOX SIP call, there is no expected 
affect on the overall reduction due to these changes.
    Changes in the highway mobile source sector resulted in a 10 
percent increase to the highway mobile source budget from the final 
NOX SIP call budget. Differences in the highway sector of 
the State emissions budgets are in response to State and local agency 
comments on vehicle miles traveled (VMT), VMT growth, vehicle mix 
throughout the State, State-to-county level VMT allocations, speed 
changes by vehicle and roadway type, and inspection and maintenance 
program application, as well as EPA's inclusion of excess 
NOX emissions from the use of ``defeat devices'' on highway 
heavy-duty diesel engines. This latter effect is discussed more fully 
in the following section. Since EPA did not apply any controls to this 
source sector in calculating the reductions for the final 
NOX SIP call, there is no expected effect on the overall 
reduction due to these changes.
    Neither overall size of the compliance supplement pool, nor the 
methodology for distributing the compliance supplement pool has changed 
as a result of this rulemaking. Consistent with the final SIP Call, EPA 
has distributed the compliance supplement pool based on a State's share 
of the overall emissions reductions required. Therefore, if the 
inventory revisions contained in this final rule resulted in a decrease 
in any State's share of the overall emission reductions required by the 
SIP call, then there is a corresponding decrease in that State's 
compliance supplement pool. Conversely, if any of the inventory 
revisions resulted in an increase in a State's share of the overall 
emissions reductions required, then the State would receive a larger 
share of the 200,000 ton compliance supplement pool.

III. Heavy-Duty Diesel Emission Estimates

    The final NOX budget numbers EPA is presenting today, 
include corrected estimates for the effects of excess NOX 
emissions from highway heavy-duty diesel engines with ``defeat 
devices.'' These diesel engines use computer software that cause the 
effectiveness of the engines' emission control systems to be reduced. 
In essence, the computer software alters the fuel injection timing when 
the engine operates in certain modes (such as highway driving), causing 
the engine to emit higher levels of NOX than indicated by 
their certification standards or by EPA's existing emission models. The 
EPA believes that the emissions impact of defeat devices peaked in the 
late 1990s and subsequently will decline rapidly as newer engines 
replace defeat device-equipped engines and as manufacturers undertake 
the mitigation commitments required under the consent decrees reached 
with the manufacturers of highway heavy-duty diesel engines equipped 
with defeat devices.
    As of July 1, 1999, these consent decrees have become final. The 
consent decrees commit the manufacturers to reduce emissions from their 
engines and cease equipping them with defeat devices according to an 
agreed-upon schedule, and to take steps to mitigate the emissions 
effects of existing engines equipped with defeat devices. These 
mitigation commitments include the early introduction of heavy-duty 
diesel engines that will meet the more stringent NOX 
standards scheduled to take effect in 2004, rebuilding existing diesel 
engines to meet more stringent standards, and accelerating the 
introduction of lower-emitting nonroad diesel engines. Additional 
information regarding the defeat device consent decrees can be found in 
``Notices of Filing of Consent Decree under the Clean Air Act'' (63 FR 
59330-59334, November 3, 1998). Additional information about defeat 
devices and their emissions effects can be obtained from the U.S. EPA's 
Office of Mobile Sources by contacting the Engine Compliance Programs 
Group at (202) 564-9240 and requesting document VPCD-98-13 (HD Engine), 
dated October 15, 1998.
    In the May 14, 1999 technical amendment, EPA presented updated 
estimates of NOX emissions from heavy-duty diesel engines 
that included the added emissions due to defeat devices and also 
accounted for the early introduction of engines that meet the 2004 
highway heavy-duty diesel engine standards, as specified by the 
proposed consent decrees reached with the manufacturers of diesel 
engines equipped with these devices. Since the consent decrees became 
final, we have improved our estimates of the impact of defeat devices 
and the mitigation measures contained in the consent decrees. These 
improved estimates reflect the rebuild provisions of the consent 
decrees and more accurately account for the effects of defeat devices 
and the early introduction of engines meeting the 2004 standards. The 
final baseline NOX emission projections and NOX 
budgets presented in this notice include these improved estimates.
    The EPA is including revised estimates of the effects of defeat 
devices in this technical amendment even though they were not available 
at the time of our proposal, for the final NOX SIP call, or 
for the May 14, 1999 technical amendment (note that as explained above, 
the May 14, 1999 technical amendment did include the best estimates 
that EPA had at that time of the effect of the defeat devices). The EPA 
finds good cause to use this information without prior proposal. 
Comment would be unnecessary, since EPA will be including the effects 
of the defeat devices in both the calculation of the baseline 
inventories and the establishment of the SIP call budgets. Because the 
effects of the defeat devices will be included in both the baseline and 
the emission levels that must be achieved, inclusion of the effects 
will not alter the obligations that the affected States must meet to 
comply with the SIP call. The result of this change does not alter the 
tons of NOX reductions that the States must achieve, nor 
does it change the type of controls States are expected to select to 
reduce NOX emissions. This change will more accurately 
reflect EPA's current understanding of emissions from highway mobile 
sources and the provisions of the final consent decrees. Therefore, EPA 
finds good cause to include these effects in this final action.
    As described above, including the emissions due to defeat devices 
in the statewide NOX emissions budgets will not, by itself, 
alter the emissions reductions that will result from the final NOX 
SIP call, because the change in baseline and budget amounts is 
identical. The change in NOX budgets varies from State to 
State but averages approximately 3.5 percent across the entire 37-State 
Ozone Transport Assessment Group (OTAG) domain, which EPA believes 
approximates the increase in the States covered by the final NOX 
SIP call. The EPA does not believe this change is sufficiently large to 
alter the conclusions regarding

[[Page 11225]]

significant contribution or estimates of the overall benefits of the 
rule, although it may alter the projected benefits of the rule in 
specific locations.

IV. Revised Statewide NOX Emissions Budgets

    The final percent reductions from the final October 1999 base year 
inventory to the final February 18, 2000 budget for each sub-inventory 
sector are shown in Tables 1-5. The February 18, 2000 final statewide 
emissions budgets are shown in Table 6. Table 7 shows the percent 
change between the statewide NOX emissions budgets 
promulgated on May 14, 1999 and the revised final statewide NOX 
emissions budgets of February 18, 2000. Table 8 shows each State's 
final compliance supplement pool.

     Table 1.--Final NOX Budget Components and Percent Reduction for
                      Electricity Generating Units
                              [Tons/season]
------------------------------------------------------------------------
                               February 18,    February 18,
            State               2000--final     2000--final     Percent
                                   base           budget       reduction
------------------------------------------------------------------------
Alabama.....................          76,926          29,022          62
Connecticut.................           5,636           2,652          53
Delaware....................           5,838           5,250          10
District of Columbia........               3             207         n/a
Georgia.....................          86,455          30,402          65
Illinois....................         119,311          32,372          73
Indiana.....................         136,773          47,731          65
Kentucky....................         107,829          36,503          66
Maryland....................          32,603          14,656          55
Massachusetts...............          16,479          15,146           8
Michigan....................          86,600          32,228          63
Missouri....................          82,097          24,216          71
New Jersey..................          18,352          10,250          44
New York....................          39,199          31,036          21
North Carolina..............          84,815          31,821          62
Ohio........................         163,132          48,990          70
Pennsylvania................         123,102          47,469          61
Rhode Island................           1,082             997           8
South Carolina..............          36,299          16,772          54
Tennessee...................          70,908          25,814          64
Virginia....................          40,884          17,187          58
West Virginia...............         115,490          26,859          77
Wisconsin...................          51,962          17,381          67
                             -------------------------------------------
    Total...................       1,501,775         544,961          64
------------------------------------------------------------------------


  Table 2.--Final NOX Budget Components and Percent Reduction for Non-
                  Electricity Generating Point Sources
                              [Tons/season]
------------------------------------------------------------------------
                               February 18,    February 18,
            State               2000--final     2000--final     Percent
                                   base           budget       reduction
------------------------------------------------------------------------
Alabama.....................          60,465          43,415          28
Connecticut.................           5,397           5,216           3
Delaware....................           2,821           2,473          12
District of Columbia........             300             282           6
Georgia.....................          37,245          29,716          20
Illinois....................          70,948          59,577          16
Indiana.....................          69,011          47,363          31
Kentucky....................          29,486          25,669          13
Maryland....................          16,216          12,585          22
Massachusetts...............          11,210          10,298           8
Michigan....................          68,801          60,055          13
Missouri....................          25,964          21,602          17
New Jersey..................          15,975          15,464           3
New York....................          32,678          25,477          22
North Carolina..............          33,114          26,434          20
Ohio........................          50,001          40,194          20
Pennsylvania................          82,107          70,132          15
Rhode Island................           1,635           1,635           0
South Carolina..............          37,960          27,787          27
Tennessee...................          53,262          39,636          26
Virginia....................          42,108          35,216          16

[[Page 11226]]

 
West Virginia...............          24,473          20,238          17
Wisconsin...................          23,734          19,853          16
                             -------------------------------------------
    Total...................         794,911         640,317          19
------------------------------------------------------------------------


    Table 3.--Final NOX Budget Components for Stationary Area Sources
                              [Tons/season]
------------------------------------------------------------------------
                               February 18,    February 18,
            State               2000--final     2000--final     Percent
                                   base           budget       reduction
------------------------------------------------------------------------
Alabama.....................          28,762          28,762           0
Connecticut.................           4,821           4,821           0
Delaware....................           1,129           1,129           0
District of Columbia........             830             830           0
Georgia.....................          13,212          13,212           0
Illinois....................           9,369           9,369           0
Indiana.....................          29,070          29,070           0
Kentucky....................          31,807          31,807           0
Maryland....................           4,448           4,448           0
Massachusetts...............          11,048          11,048           0
Michigan....................          31,721          31,721           0
Missouri....................           7,341           7,341           0
New Jersey..................          12,431          12,431           0
New York....................          17,423          17,423           0
North Carolina..............          11,067          11,067           0
Ohio........................          21,860          21,860           0
Pennsylvania................          17,842          17,842           0
Rhode Island................             448             448           0
South Carolina..............           9,415           9,415           0
Tennessee...................          13,333          13,333           0
Virginia....................          27,738          27,738           0
West Virginia...............           5,459           5,459           0
Wisconsin...................          11,253          11,253           0
                             -------------------------------------------
    Total...................         321,827         321,827           0
------------------------------------------------------------------------


    Table 4.--Final NOX Budget Components for Nonroad Mobile Sources
                              [Tons/season]
------------------------------------------------------------------------
                               February 18,    February 18,
            State               2000--final     2000--final     Percent
                                   base           budget       reduction
------------------------------------------------------------------------
Alabama.....................          20,146          20,146           0
Connecticut.................          10,736          10,736           0
Delaware....................           5,651           5,651           0
District of Columbia........           3,135           3,135           0
Georgia.....................          26,467          26,467           0
Illinois....................          56,724          56,724           0
Indiana.....................          26,494          26,494           0
Kentucky....................          15,025          15,025           0
Maryland....................          20,026          20,026           0
Massachusetts...............          20,166          20,166           0
Michigan....................          26,935          26,935           0
Missouri....................          20,829          20,829           0
New Jersey..................          23,565          23,565           0
New York....................          42,091          42,091           0
North Carolina..............          22,005          22,005           0
Ohio........................          43,380          43,380           0
Pennsylvania................          30,571          30,571           0
Rhode Island................           2,455           2,455           0
South Carolina..............          14,637          14,637           0
Tennessee...................          52,920          52,920           0
Virginia....................          27,859          27,859           0

[[Page 11227]]

 
West Virginia...............          10,433          10,433           0
Wisconsin...................          17,965          17,965           0
                             -------------------------------------------
    Total...................         540,215         540,215           0
------------------------------------------------------------------------


    Table 5.--Final NOX Budget Components for Highway Mobile Sources
                              [Tons/season]
------------------------------------------------------------------------
                               February 18,    February 18,
            State               2000--final     2000--final     Percent
                                   base           budget       reduction
------------------------------------------------------------------------
Alabama.....................          51,274          51,274           0
Connecticut.................          19,424          19,424           0
Delaware....................           8,358           8,358           0
District of Columbia........           2,204           2,204           0
Georgia.....................          88,775          88,775           0
Illinois....................         112,518         112,518           0
Indiana.....................          79,307          79,307           0
Kentucky....................          53,268          53,268           0
Maryland....................          30,183          30,183           0
Massachusetts...............          28,190          28,190           0
Michigan....................          78,763          78,763           0
Missouri....................          51,615          51,615           0
New Jersey..................          35,166          35,166           0
New York....................        124,2611         124,261           0
North Carolina..............          73,695          73,695           0
Ohio........................          94,850          94,850           0
Pennsylvania................          91,578          91,578           0
Rhode Island................           3,843           3,843           0
South Carolina..............          54,494          54,494           0
Tennessee...................          66,342          66,342           0
Virginia....................          72,195          72,195           0
West Virginia...............          20,844          20,844           0
Wisconsin...................          69,319          69,319           0
                             -------------------------------------------
    Total...................       1,310,466       1,310,466           0
------------------------------------------------------------------------


                  Table 6.--February 18, 2000 Final Statewide NOX Budgets and Percent Reduction
                                                  [Tons/season]
----------------------------------------------------------------------------------------------------------------
                                                       February 18,    February 18,
                        State                           2000--final     2000--final    Tons reduced     Percent
                                                           base           budget                       reduction
----------------------------------------------------------------------------------------------------------------
Alabama.............................................         237,573         172,619          64,954          27
Connecticut.........................................          46,015          42,849           3,166           7
Delaware............................................          23,798          22,861             937           4
District of Columbia................................           6,471           6,658            -187          -3
Georgia.............................................         252,154         188,572          63,582          25
Illinois............................................         368,870         270,560          98,310          27
Indiana.............................................         340,654         229,965         110,689          32
Kentucky............................................         237,415         162,272          75,143          32
Maryland............................................         103,476          81,898          21,578          21
Massachusetts.......................................          87,092          84,848           2,244           3
Michigan............................................         292,820         229,702          63,118          22
Missouri............................................         187,845         125,603          62,242          33
New Jersey..........................................         105,489          96,876           8,613           8
New York............................................         255,653         240,288          15,365           6
North Carolina......................................         224,697         165,022          59,675          27
Ohio................................................         373,223         249,274         123,949          33
Pennsylvania........................................         345,201         257,592          87,609          25
Rhode Island........................................           9,463           9,378              85           1
South Carolina......................................         152,805         123,105          29,700          19
Tennessee...........................................         256,765         198,045          58,720          23
Virginia............................................         210,784         180,195          30,589          15
West Virginia.......................................         176,699          83,833          92,866          53
Wisconsin...........................................         174,234         135,771          38,463          22
                                                     -----------------------------------------------------------
    Total...........................................       4,469,196       3,357,786       1,111,410          25
----------------------------------------------------------------------------------------------------------------


[[Page 11228]]


 Table 7.--Percent Changes Between May 14, 1999 Budgets and February 18,
                              2000 Budgets
                              [Tons/season]
------------------------------------------------------------------------
                              5/14/99--total  2/18/00--total    Percent
            State               2007 budget     2007 budget     change
------------------------------------------------------------------------
Alabama.....................         172,037         172,619           0
Connecticut.................          43,081          42,849          -1
Delaware....................          22,789          22,861           0
District of Columbia........           6,672           6,658           0
Georgia.....................         189,634         188,572          -1
Illinois....................         274,799         270,560          -2
Indiana.....................         238,970         229,965          -4
Kentucky....................         155,619         162,272           4
Maryland....................          81,625          81,898           0
Massachusetts...............          85,296          84,848          -1
Michigan....................         224,582         229,702           2
Missouri....................         128,146         125,603          -2
New Jersey..................         100,133          96,876          -3
New York....................         240,123         240,288           0
North Carolina..............         168,373         165,022          -2
Ohio........................         250,930         249,274          -1
Pennsylvania................         257,441         257,592           0
Rhode Island................           9,810           9,378          -4
South Carolina..............         124,211         123,105          -1
Tennessee...................         197,664         198,045           0
Virginia....................         185,027         180,195          -3
West Virginia...............          91,216          83,833          -8
Wisconsin...................         136,172         135,771           0
                             -------------------------------------------
    Total...................       3,384,350       3,357,786          -1
------------------------------------------------------------------------


                                   Table 8.--State Compliance Supplement Pool
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                      February 18,    February 18,                    Compliance
                       State                           2000--final     2000--final       Tonnage      supplement
                                                          base           budget         reduction        pool
----------------------------------------------------------------------------------------------------------------
Alabama............................................         237,573         172,619          64,954       11,687
Connecticut........................................          46,015          42,849           3,166          569
Delaware...........................................          23,798          22,861             937          168
District of Columbia...............................           6,471           6,658           (187)            0
Georgia............................................         252,154         188,572          63,582       11,440
Illinois...........................................         368,870         270,560          98,310       17,688
Indiana............................................         340,654         229,965         110,689       19,915
Kentucky...........................................         237,415         162,272          75,143       13,520
Maryland...........................................         103,476          81,898          21,578        3,882
Massachusetts......................................          87,092          84,848           2,244          404
Michigan...........................................         292,820         229,702          63,118       11,356
Missouri...........................................         187,845         125,603          62,242       11,199
New Jersey.........................................         105,489          96,876           8,613        1,550
New York...........................................         255,653         240,288          15,365        2,764
North Carolina.....................................         224,697         165,022          59,675       10,737
Ohio...............................................         373,223         249,274         123,949       22,301
Pennsylvania.......................................         345,201         257,592          87,609       15,763
Rhode Island.......................................           9,463           9,378              85           15
South Carolina.....................................         152,805         123,105          29,700        5,344
Tennessee..........................................         256,765         198,045          58,720       10,565
Virginia...........................................         210,784         180,195          30,589        5,504
West Virginia......................................         176,699          83,833          92,866       16,709
Wisconsin..........................................         174,234         135,771          38,463        6,920
                                                    ------------------------------------------------------------
    Total..........................................       4,469,196       3,357,786       1,111,410      200,000
----------------------------------------------------------------------------------------------------------------

V. Administrative Requirements

A. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 804 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. The 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 U.S. 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).

[[Page 11229]]

B. Executive Order 12866: Regulatory Impact Analysis

    Under Executive Order 12866, (58 FR 51735, October 4, 1993), this 
technical amendment is not a ``significant regulatory action'' and is 
therefore not subject to review by the Office of Management and Budget 
(OMB) because this action simply revises the emissions budget numbers 
of the NOX SIP call final rule. The final NOX SIP 
call was submitted to OMB for review. The EPA prepared a regulatory 
impact analysis (RIA) for the final NOX SIP call titled 
``Regulatory Impact Analysis for the NOX SIP Call, FIP, and 
Section 126 Petitions.'' The RIA and any written comments from OMB to 
EPA and any written EPA responses to those comments are included in the 
docket. The docket is available for public inspection at the EPA's Air 
Docket Section, which is listed in the ADDRESSES section of this 
preamble. This technical amendment does not create any additional 
impacts beyond what was promulgated in the final NOX SIP 
call, therefore, no additional RIA is needed.

C. Unfunded Mandates Reform Act

    This technical amendment also does not impose any additional 
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 (UMRA) (Public Law 104-4). The EPA 
did not reach a final conclusion as to the applicability of the 
requirements of the UMRA to the final NOX SIP call. The EPA 
prepared a statement that would be required by UMRA if its statutory 
provisions applied and has consulted with governmental entities as 
would be required by UMRA. Because today's technical amendment does not 
create any additional mandates, no further UMRA analysis is needed.

D. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Today's action does not impose 
an enforceable duty on these entities. This action corrects the 
emissions inventory and statewide budgets for the NOX SIP 
call and imposes no additional burdens beyond those imposed by the 
final NOX SIP call. These corrections were made in response 
to comments received on the NOX SIP call and the May 14, 
1999 technical correction. Thus, the requirements of section 6 of the 
Executive Order do not apply to this rule.

E. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly 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 the Office of Management and Budget, 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 EPA stated in the final 
NOX SIP call that Executive Order 13084 did not apply 
because the final rule does not significantly or uniquely affect the 
communities of Indian tribal governments or call on States to regulate 
NOX sources located on tribal lands. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

F. Executive Order 12898: Environmental Justice

    In addition, since today's action is only a technical amendment, 
this action does not involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). For the final NOX SIP call, the 
Agency conducted a general analysis of the potential changes in ozone 
and particulate matter levels that may be experienced by minority and 
low-income populations as a result of the requirements of the rule. 
These findings are presented in the RIA.

G. Regulatory Flexibility Act (RFA), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute 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 organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
in the Small Business Administration's (SBA) regulations at 13 CFR 
12.201; (2) a small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's technical 
amendment

[[Page 11230]]

on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    This technical amendment will not impose any requirements on small 
entities. This action corrects the emissions inventory and statewide 
budgets for the NOX SIP call and does not itself establish 
requirements applicable to small entities.

H. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    This technical amendment 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 
Executive Order 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 technical amendment is not subject to Executive Order 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks and is not economically significant 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    In addition, the National Technology Transfer and Advancement Act 
of 1997 does not apply because today's technical amendment 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 more detail in 63 FR 57477-
57481 (October 27, 1998).

J. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Courts of Appeal have venue for petitions of review of final 
actions by EPA. This section provides, in part, that petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if (i) the agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator,'' or (ii) such action is locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    Any final action related to the NOX SIP call is 
``nationally applicable'' within the meaning of section 307(b)(1). As 
an initial matter, through this rule, EPA interprets section 110 of the 
CAA in a way that could affect future actions regulating the transport 
of pollutants. In addition, the NOX SIP call requires 22 
States and the District of Columbia to decrease emissions of 
NOX. The NOX SIP call also is based on a common 
core of factual findings and analyses concerning the transport of ozone 
and its precursors between the different States subject to the 
NOX SIP call. Finally, EPA has established uniform 
approvability criteria that would be applied to all States subject to 
the NOX SIP call. For these reasons, the Administrator has 
also determined that any final action regarding the NOX SIP 
call is of nationwide scope and effect for purposes of section 
307(b)(1). Thus, any petitions for review of final actions regarding 
the NOX SIP call must be filed in the Court of Appeals for 
the District of Columbia Circuit within 60 days from the date this 
final action is published in the Federal Register.

K. Paperwork Reduction Act

    The EPA stated in the final NOX SIP call that an 
information collection request was pending. Today's action imposes no 
additional burdens beyond those imposed by the final NOX SIP 
call. Any issues relevant to satisfaction of the requirements of the 
Paperwork Reduction Act will be resolved during review and approval of 
the pending information collection request for the NOX SIP 
call.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Transportation, Volatile 
organic compounds.

    Dated: February 18, 2000.
Carol M. Browner,
Administrator.
    40 CFR part 51 is 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. 7410, 7414, 7421, 7470-7479, 7491, 7492, 
7601, and 7602.

Subpart G--Control Strategy [Amended]

    2. Section 51.121 is amended to revise paragraphs (e)(2), 
(e)(3)(iii), and (g)(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) * * *
    (2) The State-by-State amounts of the NOX budget, 
expressed in tons per ozone season, are as follows:

------------------------------------------------------------------------
                            State                               Budget
------------------------------------------------------------------------
Alabama.....................................................     172,619
Connecticut.................................................      42,849
Delaware....................................................      22,861
District of Columbia........................................       6,658
Georgia.....................................................     188,572
Illinois....................................................     270,560
Indiana.....................................................     229,965
Kentucky....................................................     162,272
Maryland....................................................      81,898
Massachusetts...............................................      84,848
Michigan....................................................     229,702
Missouri....................................................     125,603
New Jersey..................................................      96,876
New York....................................................     240,288
North Carolina..............................................     165,022
Ohio........................................................     249,274
Pennsylvania................................................     257,592
Rhode Island................................................       9,378
South Carolina..............................................     123,105
Tennessee...................................................     198,045
Virginia....................................................     180,195
West Virginia...............................................      83,833
Wisconsin...................................................     135,771
                                                             -----------
    Total...................................................   3,357,786
------------------------------------------------------------------------

    (3) * * *
    (iii) The State-by-State amounts of the compliance supplement pool 
are as follows:

------------------------------------------------------------------------
                                                              Compliance
                                                              supplement
                           State                              pool (tons
                                                               of NOX)
------------------------------------------------------------------------
Alabama....................................................       11,687
Connecticut................................................          569
Delaware...................................................          168
District of Columbia.......................................            0
Georgia....................................................       11,440
Illinois...................................................       17,688
Indiana....................................................       19,915
Kentucky...................................................       13,520
Maryland...................................................        3,882
Massachusetts..............................................          404
Michigan...................................................       11,356
Missouri...................................................       11,199
New Jersey.................................................        1,550
New York...................................................        2,764
North Carolina.............................................       10,737
Ohio.......................................................       22,301
Pennsylvania...............................................       15,763
Rhode Island...............................................           15
South Carolina.............................................        5,344
Tennessee..................................................       10,565

[[Page 11231]]

 
Virginia...................................................        5,504
West Virginia..............................................       16,709
Wisconsin..................................................        6,920
                                                            ------------
    Total..................................................      200,000
------------------------------------------------------------------------

* * * * *
    (g) * * *
    (2) * * *
    (ii) The revised NOX emissions sub-inventories for each 
State, expressed in tons per ozone season, are as follows:

----------------------------------------------------------------------------------------------------------------
                   State                       EGU      Non-EGU      Area     Nonroad     Highway       Total
----------------------------------------------------------------------------------------------------------------
Alabama...................................     29,022     43,415     28,762     20,146       51,274      172,619
Connecticut...............................      2,652      5,216      4,821     10,736       19,424       42,849
Delaware..................................      5,250      2,473      1,129      5,651        8,358       22,861
District of Columbia......................        207        282        830      3,135        2,204        6,658
Georgia...................................     30,402     29,716     13,212     26,467       88,775      188,572
Illinois..................................     32,372     59,577      9,369     56,724      112,518      270,560
Indiana...................................     47,731     47,363     29,070     26,494       79,307      229,965
Kentucky..................................     36,503     25,669     31,807     15,025       53,268      162,272
Maryland..................................     14,656     12,585      4,448     20,026       30,183       81,898
Massachusetts.............................     15,146     10,298     11,048     20,166       28,190       84,848
Michigan..................................     32,228     60,055     31,721     26,935       78,763      229,702
Missouri..................................     24,216     21,602      7,341     20,829       51,615      125,603
New Jersey................................     10,250     15,464     12,431     23,565       35,166       96,876
New York..................................     31,036     25,477     17,423     42,091      124,261      240,288
North Carolina............................     31,821     26,434     11,067     22,005       73,695      165,022
Ohio......................................     48,990     40,194     21,860     43,380       94,850      249,274
Pennsylvania..............................     47,469     70,132     17,842     30,571       91,578      257,592
Rhode Island..............................        997      1,635        448      2,455        3,843        9,378
South Carolina............................     16,772     27,787      9,415     14,637       54,494      123,105
Tennessee.................................     25,814     39,636     13,333     52,920       66,342      198,045
Virginia..................................     17,187     35,216     27,738     27,859       72,195      180,195
West Virginia.............................     26,859     20,238      5,459     10,433       20,844       83,833
Wisconsin.................................     17,381     19,853     11,253     17,965       69,319      135,771
                                           ---------------------------------------------------------------------
    Total.................................    544,961    640,317    321,827    540,215    1,310,466   3,357,786
----------------------------------------------------------------------------------------------------------------
Note to paragraph (g)(2)(ii): Totals may not sum due to rounding.

* * * * *

[FR Doc. 00-4518 Filed 3-1-00; 8:45 am]
BILLING CODE 6560-50-p