Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules 58243

valuation of oil produced from Indian

leases. For reasons that also have been

explained above, the agency has

simplified to the extent possible the

reporting requirements associated with

the proposed provisions, specifically,

the proposed Form MMS–4416. The

basic initial reporting procedures for the

Form MMS–2014 (the report of sales

and royalty) are unchanged from current

procedures that have been in place for

many years.

The agency has concluded that the

reporting requirements in the

supplementary proposed rule are

necessary to carry out the substantive

royalty valuation policy set forth in that

proposal, and that there is no significant

alternative for compliance or reporting

requirements that would accomplish the

policy objective. The Form MMS–4416,

as proposed in the supplementary

proposal, would collect the minimum

information necessary for MMS to apply

the substantive provisions of the rule.

We do not perceive significant

possibilities for further consolidation or

simplification of compliance and

reporting requirements while still

accomplishing the substantive

requirements of the supplementary

proposed rule.

Theoretically, MMS could reduce the

potential cost and compliance burden

on all entities (large or small) by

selecting a different (and simpler)

substantive valuation alternative. Such

an alternative also likely would result in

lower royalty values, and consequently,

smaller royalty payments by all payors.

(There is no basis to establish different

values of Indian lease oil production

based simply on whether the payor is a

small entity or not.) However, the

Regulatory Flexibility Act does not

mandate or contemplate that an agency

must select unfavorable substantive

policies simply because the policy

choice affects small entities.

MMS consulted with the affected

tribal and allottee representatives on

several occasions and discussed the

merits and provisions of several

valuation alternatives in depth. MMS,

the tribes, and allottee representatives

believe that the proposed rule reflects

the best method to ensure that Indian

lessors receive fair market value for

their oil resources.

However, we considered a range of

related alternatives such as changes to

the current gross proceeds valuation

method, using futures prices instead of

spot values, and using index-based

prices with fixed adjustments for

production from specific geographic

zones. We chose to apply the highest of:

(1) The average of the high daily

applicable spot prices for the month;

(2) MMS-calculated major portion

prices in the field or area; or

(3) Gross proceeds received by the

lessee or its affiliate.

We chose spot prices as one of the three

value measures because:

(1) They represent actual trading

activity in the market,

(2) They mirror NYMEX futures

prices, and

(3) They permit use of an index price

in proximity to the actual production

whose value is being measured.

Conclusion

MMS notes that this rule will have a

significant impact on a substantial

number of small business payors on

Indian leases as a percentage of all

Indian lease payors. However, we

believe the supplementary proposed

rule is appropriate because it establishes

fair and reliable measures of royalty

value for Indian resources. As explained

above, we examined several alternatives

but concluded that the rule as currently

proposed best achieves market value for

Indian lessors while minimizing the

impact on lessees. MMS has made every

attempt to mitigate such impacts, but

cannot select policies unfavorable to

Indian lessors based on potentially

unfavorable impacts on small entities.

[FR Doc. 00–24822 Filed 9–27–00; 8:45 am]

BILLING CODE 4310–MR–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC035–2015; DC044–2015; FRL–6878–2]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; Post-1996 Rate-ofProgress Plan for the Metropolitan

Washington, DC Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: EPA is proposing approval of

the Post-1996 plan for the Metropolitan

Washington, DC ozone nonattainment

area submitted by the District of

Columbia. The District of Columbia

Department of Health submitted this

Post-1996 plan as a State

Implementation Plan (SIP) revision for

the Metropolitan Washington, DC

serious ozone nonattainment area to

meet the 9% rate-of-progress (ROP)

requirement (the Post-1996 plan) of the

Clean Air Act (the Act). The Post-1996

plan will result in significant emission

reductions through 1999 from the 1990

baseline emissions of volatile organic

compounds (VOCs) and oxides of

nitrogen (NOX), which contribute to the

formation of ground level ozone.

DATES: Written comments must be

received on or before October 30, 2000.

ADDRESSES: Written comments may be

mailed to David L. Arnold, Chief, Ozone

and Mobile Sources Branch, Mailcode

3AP21, U.S. Environmental Protection

Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

the District of Columbia Department of

Public Health, Air Quality Division, 51

N Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Christopher H. Cripps at (215) 814–2179

(or by e-mail at

cripps.christopher@epa.gov) at the EPA

Region 3 office above.

SUPPLEMENTARY INFORMATION:

What Action is EPA Proposing Today?

EPA is proposing approval of the

Post-1996 plan submitted by the District

of Columbia for the District’s portion of

the Metropolitan Washington, DC ozone

nonattainment area.

What Are the Rate-of-Progress

Requirements Applicable to the

Metropolitan Washington, DC Area?

The Act requires that serious and

above ozone nonattainment areas

develop plans to reduce area-wide VOC

emissions after 1996 by 3% per year

until the year of the attainment date

required for that classification of

nonattainment area. This is commonly

referred to as the Post-1996 plan. In this

case, the Metropolitan Washington, DC

ozone nonattainment area (‘‘the

Washington area’’) is classified as a

serious ozone nonattainment area; the

serious attainment date is 1999. The 3%

per year requirement is expressed as an

average over consecutive 3-year periods;

thus, the requirement is a 9% reduction

by 1999. These plans were to be

submitted by November 15, 1994, and

the first 9% reductions were required to

be achieved within 9 years after

enactment, that is, by November 15,

1999. This 9% reduction requirement is

a continuation of the requirement for a

15% reduction in VOC by 1996. For the

Post-1996 plan, the Act allows the

substitution of NOX emissions

reductions for VOC emission reductions

where equivalent air quality benefits are

achieved as determined using the

applicable EPA guidance. The 9% VOC/

58244 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules

NOX reduction required by November

15, 1999 is a demonstration of

reasonable further progress in the

Washington area, and will be called

‘‘rate-of-progress’’ within this

document. Our assessment of the Post1996 plan is limited to whether or not

the 9% reduction requirement is met.

What Areas Are Covered by the Post1996 Plan for Metropolitan

Washington, DC Area?

The Washington area consists of the

District of Columbia, the Northern

Virginia area (Arlington, Fairfax,

Loudoun, Prince William and Stafford

Counties and the cities of Alexandria,

Falls Church, Fairfax, Manassas, and

Manassas Park), and Calvert, Charles,

Frederick, Montgomery, and Prince

George’s Counties in Maryland.

What Agencies and Organizations

Developed the District’s Post-1996 Plan

for Metropolitan Washington, DC Area?

The District of Columbia, Virginia and

Maryland must demonstrate reasonable

further progress (rate-of-progress) for the

Washington area. These jurisdictions,

under the auspices of the Metropolitan

Washington Air Quality Committee

(MWAQC) (with the assistance of the

Metropolitan Washington Council of

Governments) collaborated on a

coordinated Post-1996 plan for the

Washington area. The MWAQC includes

state and local elected officials and

representatives of the DC Department of

Health, the Maryland Department of the

Environment, the Virginia Department

of Environmental Quality and the

National Capital Region Transportation

Planning Board (TPB). The Act provides

for interstate coordination for multistate nonattainment areas. Because ROP

requirements such as the Post-1996 plan

establish emission budgets for

transportation improvement plans,

municipal planning organizations have

historically been involved in air quality

planning in the Washington area. The

MWAQC ensures consultation with the

TPB during the development of the

Post-1996 plan and emission budgets.

As explained below, the regional Post1996 plan determined the regional target

level, regional projections of growth and

finally the total amount of creditable

reductions required under the 9%

requirement in the Washington area.

The District of Columbia, Maryland and

Virginia agreed to apportion this total

amount of required creditable

reductions among themselves. Although

the plan was developed by a regional

approach, each jurisdiction is required

to submit its portion of the Post-1996

plan to EPA as a revision to its SIP. This

proposed rulemaking only addresses the

Post-1996 plan submitted by the District

of Columbia for the Washington area.

When Did the District of Columbia

Submit the Post-1996 Plan for the

Metropolitan Washington, DC Area?

The District of Columbia Department

of Health originally submitted their

portion of the area-wide Post-1996 plan

as a SIP revision on November 3, 1997.

On May 25, 1999 the District of

Columbia Department of Health

submitted a revised Post-1996 plan for

the Washington area which supplanted

the 1997 submission.

What Action Is EPA taking on

Maryland’s and Virginia’s Post-1996

Plans for the Metropolitan Washington,

DC area?

The Maryland Department of the

Environment (MDE) submitted its

portion of the area-wide Post-1996 plan

as a SIP revision on December 24, 1997.

The Virginia Department of

Environmental Quality (VADEQ)

submitted its portion of the area-wide

Post-1996 plan as a SIP revision on

December 19, 1997. On May 20, 1999

and May 25, 1999, respectively, the

MDE and VADEQ submitted a revised

Post-1996 plan for the Washington area

that supplanted the 1997 submissions.

We will be taking action on these Post1996 plan SIP revisions in the near

future via separate rulemaking actions.

What Are the Effects on Emissions and

How is the 3% Per Year Post-1996

Reduction Calculated?

A Post-1996 plan consists of a plan to

achieve a target level of emissions.

There are several important emission

inventories and calculations associated

with the plan. These include: The base

year emission inventory, future year

projection inventories, and target level

calculations. Each of these is described

below.

A. Base Year Emission Inventory

EPA reviewed the 1990 base year

emissions inventory and the revisions to

this inventory submitted with the Post1996 plan, and has approved these

revisions for both jurisdictions (63 FR

36854, July 8, 1998). The 1990 ROP

inventory for the Washington area,

which is fundamental to the Post-1996

plan, is the 1990 base year emissions

inventory excluding biogenic emissions.

The 1990 base year inventory is

contained in the state submittal.

B. Projection Inventories—Growth in

Emissions

A projection of growth in VOC and

NOX emissions from 1990 to 1999 is

required for the 9% requirement. VOC

growth from 1990 to 1996 was described

in the 15% plans, thus the remaining

VOC growth from 1996 to 1999 is

described in the Post-1996 plan. To

meet the 9% requirement, a state must

enact measures achieving sufficient

emissions reductions to offset projected

growth in emissions, in addition to

achieving a 9% reduction of VOC/NOX

emissions from baseline levels through

1999. This requirement may be satisfied

by determining the amount of creditable

emission reductions needed to offset

growth in VOC emissions from 1996 to

1999 and in NOX emissions from 1990

to 1999. The calculation can be made by

projecting the 1990 base year VOC

inventory out to 1999 considering only

the current control strategy. Growth

must be determined separately for each

source or source category, since sources

typically grow at different rates.

The Post-1996 plan for the

Washington area contains growth

projections for stationary, area, on-road

motor vehicle, and non-road vehicle

source categories using acceptable

growth factor surrogates. A more

detailed description of the state

submittal and EPA’s evaluation are

included in a Technical Support

Document (TSD) prepared in support of

this rulemaking action. A copy of the

TSD is available, upon request, from the

EPA Regional Office listed in the

ADDRESSES section of this document.

EPA has determined that the

methodology in the District’s Post-1996

plan for selecting growth factors and

applying them to the 1990 base year

emissions inventory to estimate

emissions growth in point, area, on-road

mobile, and off-road mobile sources

(from 1996 to 1999 for VOC and from

1990 to 1999 for NOX) is approvable.

C. Calculation of Target Level Emissions

and Substitution of NOX Reduction

1. 15% VOC Target Level

The Act requires that the SIP achieve

a reduction of 9% of the 1990 baseline

emissions after November 15, 1996 and

before November 15, 1999. This

reduction is in addition to a 15%

reduction in base line emissions by

1996. This 15% requirement is referred

to as the 15% plan. Under EPA’s

guidance, the starting point for

calculating the Post-1996 plan’s target

level of VOC emissions is the target

level of VOC emissions for 1996 found

in the 15% plan.

2. 1999 VOC Target Level

For the VOC portion of the 9%

reduction requirement, the 1999 VOC

emissions target level is calculated as

follows:

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules 58245

a. The 1990 base year emission

inventory is adjusted to account for the

effects of certain motor vehicle and

gasoline volatility control programs.

One of these is the Federal Motor

Vehicle Control Program (FMVCP)

standards implemented before 1990,

called Tier 0 FMVCP. The second of

these programs is the second phase of

EPA’s Reid Vapor Pressure (Phase II

RVP) regulations, implemented in 1992.

To calculate these effects, projected

1999 emission factors that will result

from Tier 0 FMVCP and RVP were

calculated using EPA’s MOBILE5b

model. These 1999 ‘‘adjusted’’ emission

factors are multiplied by the 1990

Vehicle Miles Traveled (VMT) to

determine the 1990 adjusted base year

VOC emissions inventory for 1999

which determines the effects of the Tier

0 FMVCP between 1996 and 1999 on the

1990 ROP emissions inventory. This is

done for the Washington area and

includes a breakdown by jurisdiction.

b. Because the plan uses NOX

substitution, the Washington area does

not have to reduce VOC base line

emissions by 9% but can use a smaller

percentage as long as sufficient NOX

reductions are achieved. The Post-1996

plan is based upon a 1% VOC reduction

and a 8% NOX reduction.

c. The effect on base line emissions by

Tier 0 FMVCP between 1996 and 1999

must be considered. EPA’s guidance

requires the determination of the Fleet

Turnover Correction for 1996 to 1999 to

account as for the turnover of vehicles

between 1996 and 1999. This correction

is the difference of the 1990 adjusted

base year VOC emissions inventory for

1996 and the 1990 adjusted base year

VOC emissions inventory for 1999.

d. The base 1% VOC reduction and

the fleet correction term are summed,

then subtracted from the 1996 VOC

target level to yield the 1999 VOC target

level of emissions.

3. 1999 NOX Target Level

The Post-1996 plan for the

Metropolitan Washington, DC area uses

NOX substitution. The 1999 NOX target

level of emissions is calculated in a

manner similar to the 1996 VOC target

level except the base year inventory is

adjusted to 1999, not 1996. There are no

reductions from corrections to RACT

and I/M rules. The Post-1996 plan uses

a 8% NOX reduction. The reductions

from Tier 0 FMVCP and Phase II RVP

(from 1990 to 1999) are the difference

between the 1990 NOX ROP emissions

inventory and the 1990 adjusted base

year NOX emissions inventory for 1999.

Therefore, the 1999 NOX target level is

the 1990 NOX ROP emissions inventory

less Tier 0 and Phase II RVP reductions

from 1990 to 1999 and the 8% NOX

reduction. This calculation is contained

in the District’s submittal.

4. 15% Plan Revisions

For areas impacted by delays in

implementing an enhanced I/M

program, EPA’s guidance allows

approval of the 15% plan if the 15%

reduction is achieved after 1996 when

certain criteria are met. One criterion is

a showing that the 15% reduction is

achieved no later than November 15,

1999. This guidance establishes a

slightly different demonstration of rate

of progress by modifying the calculation

of the 1996 VOC target level. The base

1996 target level is just 85% of the 1990

adjusted base year VOC emissions

inventory for 1996. To account for 1996

to 1999 reductions in ‘‘base line

emissions’’ from Tier 0 FMVCP, the fleet

turnover correction for 1996 to 1999 is

subtracted from the ‘‘base’’ 1996 target

level to yield the 1996 target level of

emissions corrected for the Fleet

Turnover Correction for 1996 to 1999. If

a State’s 15% plan for an area is

approved under this guidance, the State

does not need to subtract the fleet

turnover correction for 1996 to 1999

from the final 15% plan target level as

discussed in 2. 1999 VOC Target Level

above, when calculating the 1999 VOC

target level because this fleet turnover

correction will have already been

included in the 15% target level. The

District, the State of Maryland and the

Commonwealth of Virginia all

submitted such plans (the revised 15%

plan). EPA has already acted upon and

approved these revised 15% plans in

separate rulemaking actions. The target

level calculations and the amount of

creditable emission reductions needed

for the entire Washington area to fulfill

the 9% requirement are summarized

Table 1 below:

TABLE 1.—TARGET LEVEL AND EMISSION REDUCTION NEEDS FOR THE

METROPOLITAN WASHINGTON, DC

AREA THROUGH 1999 (TONS/DAY)

VOC NOX

(1) Starting Emissions

Level:

15% Target Level for

VOC ....................... 384.6 ..............

1990 ROP Base Year

Inventory for NOX .. .............. 730.9

(2) 1990 to 1999 Tier 0

FMVCP and Phase II

RVP Reductions ........ a 0.0 62.8

(3) ROP Reduction:

1% VOC .................... 4.4

8% NOX .................... .............. 53.4

TABLE 1.—TARGET LEVEL AND EMISSION REDUCTION NEEDS FOR THE

METROPOLITAN WASHINGTON, DC

AREA THROUGH 1999 (TONS/DAY)—

Continued

VOC NOX

(4) 1999 Target Level

(Row 1 minus Row 2

minus Row 3) ............ 380.2 614.7

(5) 1999 Uncontrolled

Emissions .................. 511.7 765.2

(6) Total Reductions

Needed to make ROP

by 1999 ..................... 131.5 150.5

Notes: a Included in the 15% Target Level.

5. NOX Substitution

EPA issued guidance for NOX

substitution in Post-1996 plans in

December 1993 with a supplement on

August 5, 1994. This guidance sets an

equivalency test for VOC and NOX

reductions and requires that the level of

NOX substitution be supported by

photochemical grid modeling. The

equivalency test essentially sets two

criteria. The first criterion is that the

plan must set the 1999 target levels for

VOC and NOX emissions using a total

percent reduction in VOC emissions

plus the percent reduction in NOX

emissions that is greater than or equal

to nine percent (9%). In this case, the

Washington area states calculated the

Post-1996 plan target levels using a 1%

VOC reduction and 8% NOX reduction.

The second criterion is that the Post1996 plan achieve sufficient VOC and

NOX reductions to ensure that the

projected 1999 VOC and NOX emissions

will be less than or equal to the

respective target levels in the Post-1996

plan. EPA analysis of whether the plan

provides for sufficient NOX and VOC

reductions is discussed below in under

the heading ‘‘What control strategies

has the District of Columbia included in

the Post-1996 Plan?’’

EPA’s guidance requires that the

amount of substituted NOX reductions

in the Post-1996 plan be less than or

equal to the amount of NOX reductions

needed to attain the national ozone

standard. The amount of NOX

reductions needed for attainment must

be demonstrated by photochemical grid

modeling. The District’s demonstration

that the NOX substitution is based upon

local scale modeling performed on the

Baltimore-Washington Urban Airshed

Modeling (UAM) domain and upon

EPA’s Regional Oxidant Modeling

(ROM) results. Both EPA’s ROM results

and the photochemical grid modeling

submitted with the attainment plan

show that significant NOX reductions

will contribute to attainment in the area.

58246 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules

1Part of the difference is that the post-1999 plan

must achieve a 1% reduction on top of maintaining

the target level of VOC emissions resulting from the

15% VOC reduction required by 1996.

2The plan projects all growth in emissions to

1999 from the 1990 base year emissions inventory

levels. Thus the amount of emission reductions

needed to account for growth in VOC emissions

from 1990 to 1999 would be the sum of the growth

in emissions from 1990 to 1996 which had to be

addressed in the 15% plan plus growth in VOC

emissions from 1996 to 1999.

The local UAM modeling also shows

that NOX reductions, beyond those

contained in the Post-1996 plan,

provide reductions in ozone

concentrations. The Post-1996 plan

substitutes fewer NOX reductions than

assumed in the attainment plan

modeling. EPA has, therefore,

determined that the NOX for VOC

substitution in the Post-1996 plan is

adequately supported by creditable

photochemical grid modeling and meets

the requirements of EPA’s NOX

substitution guidance. EPA has

determined that its NOX substitution

guidance was properly followed and the

proper methodology was used to

calculate the 1999 NOX and VOC target

levels. The effect of EPA’s NOX

substitution guidance on the

Metropolitan Washington, DC area is

that for every 6.7 tons of NOX reduction

(53.8 divided by 8 percent—refer to line

3 in Table 1 above) in the 1999 NOX

target level has to be substituted for

every 4.4 tons of VOC reduction (4.4

tons divided by 1 percent—refer to line

3 in Table 1 above) in the 1999 VOC

target level, that is, approximately 1.5

tons of NOX reductions are substituted

per ton of VOC reduction. When

considering reduction needs to account

for growth 150 tons of NOX reduction

are needed for 122 tons of VOC

reduction—a ratio of 1.2 tons of NOX

per ton of VOC.1

EPA believes that following our NOX

substitution guidance is legally

sufficient to demonstrate that any NOX

substitution in an ROP plan meets the

equivalency requirements of the Act.

The local UAM modeling submitted

with the attainment demonstration also

supports the conclusion that, on a ton

for ton basis, NOX reductions achieve at

least equivalent changes in ozone

concentrations as an equivalent

reduction in VOC emissions.

D. Nonattainment Area-Wide Plan—

Apportionment of Reduction Needs

EPA must determine whether or not

the Washington area 9% requirement

has been met. In general, the emission

reduction from a measure is the

difference of the future year projected

uncontrolled emissions and the future

year controlled emissions, or is equal to

a percentage of the future year projected

uncontrolled emissions. For on-road

mobile sources, the emission reductions

from a measure or suite of measures are

determined by the difference of

projected future year emissions without

and with new control measures.

The regional nonattainment area-wide

Post-1996 plan apportions among the

District, Maryland and Virginia the

amount of creditable emission

reductions that each state must achieve

in order for the nonattainment area to

achieve, as a region, the required 9%

reduction in VOC net of growth. The

Post-1996 plan identifies the amount of

creditable emission reductions that each

state must achieve for the

nonattainment area-wide plan to get a

9% reduction accounting for any growth

in emissions from 1990 to 1999. 2 The

District of Columbia, Maryland and

Virginia each committed to achieving

the necessary NOX and VOC reductions,

found in Table 2 below. This proposed

rulemaking action only concerns the

District’s commitment.

TABLE 2.—EMISSION REDUCTION COMMITMENTS FOR THE METROPOLITAN WASHINGTON, DC AREA THROUGH 1999

(TONS/DAY)

District of

Columbia Maryland Virginia Area total

Total VOC reduction by 1999 .................................................. 10.6 63.7 57.2 131.5

Total NOX reduction by 1999 .................................................. 7.2 96.8 46.6 150.6

Because the Post-1996 plan for the

Washington area was developed using a

regional approach, the required VOC

and NOX emission reductions for each

jurisdiction have been apportioned

using a ratio of the regional reduction

requirement to the claimed creditable

measures for the nonattainment area.

This result was then multiplied by each

jurisdiction’s total creditable measures

to determine its emission reduction

requirement. EPA has determined that

this apportionment of the emission

reduction needed for ROP is approvable

because the Act provides for interstate

planning of SIPs, and because all three

jurisdictions have committed to

achieving, in the aggregate, sufficient

reductions to achieve this 9%

requirement in the entire nonattainment

area.

What Control Strategies Has the District

of Columbia Included in the Post-1996

Plan?

The Post-1996 plan describes the

emission reduction credits that the

Washington area jurisdictions are

claiming toward their 9% reduction

requirement. These control measures are

described in detail in the TSD for this

rulemaking. A copy of the TSD is

available, upon request, from the EPA

Regional Office listed in the ADDRESSES

section of this notice. The Post-1996

plan for the Washington area claims

VOC and NOX emission reductions from

the following measures:

1. Architectural and Industrial

Maintenance (AIM) Coatings

Reformulation

This federal rule (63 FR 48819,

September 11, 1998), which reduces

emissions from architectural coatings

and industrial maintenance coatings,

allows credit for a 20% reduction in

VOC emissions, which is 1.6 TPD for in

the District’s portion of the Washington

area in the Post-1996 plan. EPA has

determined that this reduction is

creditable.

2. Consumer and Commercial Products

This federal rule (63 FR 48848,

September 11, 1998) allows states to

claim a 20% reduction from 1999 VOC

emissions from 24 categories of

consumer products. The Post-1996 plan

claim of 0.6 TPD in emission reductions

from this measure in the District’s

portion of the Washington area is

creditable.

3. Autobody Refinishing

The federal rule to control VOC

emissions from autobody refinishing (63

FR 48806, September 11, 1998) applies

in the District of Columbia. EPA’s rule

will achieve a 33% nationwide

reduction or a 36% reduction after

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules 58247

removal of those states that already had

a rule at the time the base line was

determined are removed from the base

line. The District did not have a rule at

the time the baseline was developed.

The Post-1996 plan claims a 35.7%

reduction from both jurisdictions; thus,

EPA can allow up to a 36% emissions

reduction. The total creditable autobody

refinishing emissions reductions in the

Post-1996 plan is 0.5 TPD in the

District’s portion of the Washington

area.

4. Graphic Arts

These rules would regulate emissions

from lithographic printing operations.

The District has a SIP approved state

rules covering this source category.

These rules required final compliance

before November 15, 1999 (64 FR 57777,

October 27, 1999). The VOC emissions

reduction claimed in the Post-1996 plan

from graphic arts is 0.6 TPD.

5. Non-road Gasoline Engines Rule

This federal measure takes credit for

VOC emission reductions from

emissions standards for small non-road,

spark-ignition utility engines (40 CFR 90

subpart A, 60 FR 34598, July 3, 1995).

This measure affects non-road

equipment rated at or below 25

horsepower. The District claimed 0.9

TPD VOC in its Post-1996 plan from this

measure for its portion of the area. The

rule also results in a ¥0.1 TPD increase

in NOX emissions in the District’s

portion of the area. The VOC reductions

are creditable toward the reduction

requirement, and the NOX emission

increase is included in the plan.

6. Non-road Diesel Engines Rule

The federal rule (40 CFR 89, 59 FR

31306, June 17, 1994) controls NOX

emissions from non-road, diesel

powered utility engines, affecting

diesel-powered construction equipment,

industrial equipment, etc., rated at or

above 50 horsepower. The Post-1996

plan claimed 0.9 TPD in NOX

reductions from this measure, which is

acceptable toward the 9% reduction

requirement in the District’s portion of

the Washington area.

7. State NOX Requirements

This measure claimed reductions

from the application of reasonable

available control technology (RACT) on

NOX sources in the Washington area.

The Post-1996 plan claims a total 2.1

TPD from this NOX emission control in

the District’s portion of the Washington

area. Elsewhere in today’s Federal

Register EPA has proposed approval of

the District’s NOX RACT rule. Therefore,

the 2.1 TPD NOX reduction through

1999 will be creditable toward the 9%

reduction requirement once EPA

approves the District’s NOX RACT rule.

8. Enhanced Vehicle Inspection and

Maintenance

The Act requires the Washington area

states to adopt enhanced inspection and

maintenance (I/M) programs. The Post1996 plan uses the MOBILE5b model to

determine the enhanced I/M emission

benefits. On June 11, 1999, we approved

the District’s enhanced I/M program (64

FR 31498). We are approving the 3.9

TPD VOC and 2.4 TPD NOX reductions

from the District’s enhanced I/M

program toward the Post-1996 ROP

requirement.

9. Reformulated Gasoline (RFG)

The Act requires that only

reformulated gasoline (RFG), designed

to burn cleaner and produce fewer

evaporative emissions, be sold and

dispensed in severe and above ozone

nonattainment areas. The Act allows

other nonattainment areas to ‘‘opt in’’ to

the program to achieve creditable VOC

emission reductions. EPA approved the

requests of the District of Columbia to

opt the Washington area into the RFG

program. RFG reduces exhaust VOC and

evaporative VOC emissions in on-road

and non-road mobile sources and

evaporative VOC emissions that occur

during refueling of light-duty gasoline

powered vehicles and trucks. RFG also

results in reduced NOX exhaust

emissions from on-road mobile sources.

The emission reduction benefit from the

opt-in to this federal program in the

Post-1996 plan is 2.1 TPD VOC in the

District’s portion of the Washington area

from on-road mobile sources as

determined using MOBILE5b. For offroad mobiles sources the VOC emission

reduction benefit claimed from this

federally enforced program in the Post1996 plan is 0.1 TPD in the District’s

portion of the Washington area. These

reductions are creditable.

10. Tier 1 New Vehicle Standards

The Act requires EPA to issue

standards under the FMVCP for new

motor vehicles. The first of these were

implemented in 1994 and are called

Tier 1 FMVCP. These standards include

exhaust (‘‘tailpipe’’) emission standards

and better evaporative emission controls

demonstrated through new federal

evaporative test procedures. EPA

promulgated this program (56 FR 25724,

June 5, 1991) so the emission reductions

are fully enforceable. The Post-1996

plan used the MOBILE5b model to

determine the emission benefits of 1.4

TPD VOC and 2.3 TPD NOX. These

reductions are fully creditable toward

the 9% reduction requirement.

11. National Low Emissions Vehicle

(NLEV)

The National Low Emission Vehicle

(NLEV) program is a nationwide clean

car program not mandated by the Act,

designed to reduce ground level ozone

(or smog) and other air pollution

emitted from newly manufactured

motor vehicles. On June 6, 1997 (62 FR

31192) and on January 7, 1998 (63 FR

926), the Environmental Protection

Agency (EPA) promulgated rules

outlining the framework for the NLEV

program. These NLEV regulations allow

auto manufacturers to commit to meet

tailpipe standards for cars and lightduty trucks that are more stringent than

EPA could otherwise mandate under the

authority of the Clean Air Act. The

regulations provided that the program

would come into effect only if Northeast

states and auto manufacturers agreed to

participate. On March 9, 1998 (63 FR

11374), EPA published a finding that

the program was in effect. Nine

northeastern states including the

District, Maryland and Virginia, and 23

auto manufacturers had opted to

participate in the NLEV program. Once

in effect, the NLEV Program became

enforceable in the same manner as any

other Federal new motor vehicle

emission control program. The NLEV

Program will result in substantial

reductions in VOC and NOX emissions

which contribute to unhealthy levels of

smog in many areas across the country.

NLEV vehicles are 70% cleaner than

those otherwise required under the

Clean Air Act. In the Northeast States,

the phase-in of the NLEV vehicles began

with the model year 1999 vehicles. In

addition, the program provides

substantial harmonization of Federal

and California new motor vehicle

standards and test procedures, which

enables manufacturers to move towards

the design and testing of vehicles to

satisfy one set of nationwide standards.

The NLEV Program demonstrates how

cooperative partnership efforts can

produce a smarter, cheaper emissions

control program, which reduces

regulatory burden while increasing

protection of the environment and

public health. A SIP revision from each

participating northeastern state is

required as part of the agreement

between states and automobile

manufacturers to ensure the

continuation of the National LEV

Program to supply clean cars throughout

most of the country. On July 20, 2000,

EPA approved the District’s NLEV SIP

revision (65 FR 44981). The 0.2 TPD

VOC and 0.2 TPD NOX reductions in the

58248 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules

District’s portion of the Washington area

are fully creditable toward the 9%

reduction requirement.

What Are the Total Reductions in the

Post-1996 Plan?

Tables 3 and 4 summarize the VOC

and NOX creditable measures in the

District’s Post-1996 plan for the

Washington area.

TABLE 3.—CREDITABLE VOC EMISSION REDUCTIONS IN THE DISTRICT

OF COLUMBIA’S POST-1996 PLAN

FOR THE METROPOLITAN WASHINGTON, DC AREA (TONS/DAY)

Measure

Total

reductions

in tons

per day

Tier 1 FMVCP ......................... 1.4

NLEV ...................................... 0.2

RFG Benefits .......................... 2.2

Autobody Refinishing .............. 0.5

AIM ......................................... 1.6

Consumer Products ................ 0.6

Graphic Arts ............................ 0.5

Non-road Gasoline Engines

Rule ..................................... 0.9

NLEV ...................................... 0.2

Enhanced I/M ......................... 3.9

Total Creditable Reductions ............................. 11.8

TABLE 4.—CREDITABLE NOX EMISSION

REDUCTIONS IN THE DISTRICT OF

COLUMBIA’S POST-1996 PLAN FOR

THE METROPOLITAN WASHINGTON,

DC AREA (TONS/DAY)

Measure

Total

reductions

in tons

per day

Enhanced I/M ......................... 2.4

Tier 1 ...................................... 2.5

NLEV ...................................... 0.2

Non-road Gasoline Engines ... ¥0.1

Non-road Diesel Engines ....... 0.4

State NOX RACT .................... 2.1

Total Creditable Reductions ............................. 7.5

Based upon the measures listed in the

above tables, EPA has determined the

Post-1996 plan submitted by The

District of Columbia for the Washington

area will achieve the required

reductions to enable the District to meet

its reduction commitments in the Post1996 plan for the Metropolitan

Washington, DC area. Thus, the

District’s Post-1996 plan meets the 9%

VOC emission reduction of the

requirements of the Act.

What Are the Transportation

Conformity Budgets in the Post-1996

Plan?

Under EPA’s transportation

conformity rule, the Post-1996 plan is a

control strategy SIP (62 FR 43779,

August 15, 1997). A control strategy SIP

establishes budgets to which federally

funded and approved transportation

projects and plans must conform. The

Post-1996 plan establishes VOC and

NOX budgets for the Washington area

that are applicable for determinations

for 1999 and are applicable in later

years in the absence of other applicable

budgets. The Post-1996 plan adopts and

establishes the following transportation

conformity budgets for the entire

Washington area: a VOC budget for 1999

of 128.5 TPD, and a NOX budget for

1999 of 196.4 TPD. On August 11, 1999,

we announced that these motor vehicle

emissions budgets were adequate for

transportation conformity purposes

effective August 26, 1999 (64 FR 43698,

August 11, 1999). EPA’s proposed

action will have the effect of proposing

approving these budgets for the

Metropolitan Washington, DC area into

the District of Columbia SIP.

Proposed Action

EPA is proposing approval of the

Post-1996 plan submitted by the District

of Columbia for the District’s portion of

the Metropolitan Washington, DC ozone

nonattainment area.

Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed action merely

approves state law as meeting federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule proposes to

approve pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4). For the same reason,

this proposed rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This proposed

rule 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 (64

FR 43255, August 10, 1999), because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This proposed rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant. In reviewing

SIP submissions, EPA’s role is to

approve state choices, provided that

they meet the criteria of the Clean Air

Act. In this context, in the absence of a

prior existing requirement for the State

to use voluntary consensus standards

(VCS), EPA has no authority to

disapprove a SIP submission for failure

to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order.

This proposed rule regarding the

District of Columbia’s Post-1996 plan for

the Washington area does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

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

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Proposed Rules 58249

Dated: September 15, 2000.

Bradley M. Campbell,

Regional Administrator, Region III.

[FR Doc. 00–24793 Filed 9–27–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC047–2021; FRL–6878–1]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; Reasonably Available

Control Technology for Oxides of

Nitrogen

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the District of

Columbia (the District). This revision

requires major sources of nitrogen

oxides (NOx) in the District to

implement reasonably available control

technology (RACT). This revision

withdraws EPA’s previously proposed

conditional approval of the District’s

NOx RACT regulation, and, instead,

proposes full approval of the SIP

revision. This action is being taken in

accordance with the Clean Air Act.

DATES: Written comments must be

received on or before October 30, 2000.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief,

Ozone and Mobile Sources Branch,

Mailcode 3AP21, U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and the District

of Columbia Department of Public

Health, Air Quality Division, 51 N

Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 814–2177 or by

e-mail at bunker.kelly@epamail.epa.gov.

While information may be requested via

e-mail, any comments must be

submitted in writing to the EPA Region

III address above.

SUPPLEMENTARY INFORMATION:

I. Background

Pursuant to sections 182(b)(2) and

182(f) of the Clean Air Act (CAA), ozone

nonattainment areas classified as

moderate or above are required to

implement RACT for all major sources

of NOx by no later than May 31, 1995.

The major source size is determined by

the classification of the nonattainment

area and whether it is located in the

Ozone Transport Region which was

established by the CAA. The District of

Columbia is located within the

Metropolitan Washington, DC ozone

nonattainment area which is classified

as a serious. Therefore, major stationary

sources of NOX are defined as those that

emit or have the potential to emit 50

tons or more per year.

On January 13, 1994, the District of

Columbia Department of Consumer and

Regulatory Affairs (DCRA), now known

as the District of Columbia Department

of Health (DoH), submitted revisions to

its State Implementation Plan (SIP) that

included a new regulation, Section 805,

entitled ‘‘Reasonably Available Control

Technology for Major Stationary

Sources of Oxides of Nitrogen’’, to

Subtitle I (Air Quality) of Title 20 of the

District of Columbia Municipal

Regulations (DCMR). Section 805

requires sources which emit or have the

potential to emit 50 tons or more of NOX

per year to comply with RACT

requirements by May 31, 1995.

On February 25, 1999 (64 FR 9272),

EPA published a direct final rulemaking

(DFR) conditionally approving the

District of Columbia’s NOX RACT

regulation found in section 805 of Title

20 of the DCMR. A companion notice of

proposed rulemaking (NPR) proposing

conditional approval the District of

Columbia’s NOX RACT regulation was

published in the Proposed Rules section

of the same February 25, 1999 Federal

Register (64 FR 9289). In the February

25, 1999 DFR, EPA stated that if adverse

comments were received within 30 days

of its publication, EPA would publish a

document announcing the withdrawal

of that DFR before its effective date.

Because EPA did receive adverse

comments on the February 25, 1999

DFR within the prescribed time frame,

we withdrew it. Under these

circumstances the companion NPR

remained in effect and interested parties

submitted comments pursuant to that

NPR. The withdrawal document

appeared in the Federal Register on

April 13, 1999 (70 FR 17982). On

August 28, 2000, the District of

Columbia submitted proposed revisions

to Section 805 of Title 20 of the DCMR

as supplement to its January 13, 1994

SIP submittal for parallel-processing by

EPA. These proposed revisions correct

the deficiencies identified in the

February 25, 1999 notice. Therefore, by

this rulemaking, EPA is withdrawing its

February 25, 1999 proposed conditional

approval and is proposing full approval

of the revised version the District of

Columbia’s NOX RACT regulation found

in section 805 of Title 20 of the DCMR

submitted on August 28, 2000.

A summary of the District’s submittal

and EPA’s rationale for approval are

provided below. A more detailed

description of the District’s submittal

and EPA’s evaluation are included in

the Technical Support Document (TSD)

and the addendum to the TSD both

prepared in support of this rulemaking

action. A copy of the TSD and its

addendum are available, upon request,

from the EPA Regional Office listed in

the ADDRESSES section of this document.

II. Summary of the SIP Revision and

EPA Evaluation

General Provisions

Subtitle I of 20 DCMR was amended

to add a new section 805 that applies to

all sources in the District having the

potential to emit (PTE) 50 tons or more

of NOX per year. Exemptions from the

requirements of section 805 are

provided for sources that have a permit

from the District limiting the potential

to emit to less than 50 tons per year

(TPY) and for emergency stand-by

engines operated less than 500 hours

per 12 month period. Section 805

contains presumptive emission limits

for certain source categories of NOX

including: Stationary combustion

turbines, fossil-fuel-fired steamgenerating units and asphalt concrete

plants. Individual sources in these

categories with presumptive RACT

emission limits may also apply for

alternative emission limits which reflect

the application of source-specific RACT.

Any such applications for alternative

RACT determinations are subject to

approval by both the District and EPA

as SIP revisions. All other major source

categories of NOX must have a RACT

emission limit approved by the District

and EPA in an emissions control plan.

All major sources of NOX must submit

an emissions control plan to the District

that describes the source and

demonstrates how RACT will be

implemented. The District will conduct

a public hearing for those sources that

apply for alternative emission limits and

those not subject to specific source

category emission limits before final

approval is issued.