62658 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

proposing to approve CT’s negative

declarations for the synthetic organic

chemical manufacturing industry

distillation and reactor vessel source

categories for which EPA issued control

technique guideline documents (CTGs).

In the Final Rules section of this

Federal Register, EPA is approving:

revisions to the definition of VOC;

revisions to the gasoline loading

regulation; revisions to the metal

cleaning regulation; revisions to the

miscellaneous metal parts and products

coating regulation; and revisions to CT’s

reasonably available control technology

for VOC regulation. EPA is processing

these SIP revisions as direct final rules

without prior proposal because the

Agency views these as noncontroversial

submittals and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no relevant adverse comments

are received in response to this action,

no further activity is contemplated. If

EPA receives relevant adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period. Any parties

interested in commenting on this action

should do so at this time. Please note

that if EPA receives adverse comment

on an amendment, paragraph, or section

of this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

DATES: Written comments must be

received on or before November 20,

2000.

ADDRESSES: Comments may be mailed to

David Conroy, Unit Manager, Air

Quality Planning , Office of Ecosystem

Protection (mail code CAQ), U.S.

Environmental Protection Agency, EPANew England, One Congress Street,

Suite 1100, Boston, MA 02114–2023.

Copies of the State submittals and EPA’s

technical support document are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosytem Protection,

U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA 02114 and the Bureau

of Air Management, Department of

Environmental Protection, State Office

Building, 79 Elm Street, Hartford, CT

06106–1630.

FOR FURTHER INFORMATION CONTACT:

Anne E. Arnold, at 617–918–1047.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

section of this Federal Register.

Dated: October 6, 2000.

Mindy S. Lubber,

Regional Administrator, EPA-New England.

[FR Doc. 00–26614 Filed 10–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD 058–3036 and VA 083–5038; FRL–6888–

8]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland and Virginia; Post-1996 Rateof-Progress 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 Maryland

Department of the Environment and the

Virginia Department of Environmental

Quality. The Maryland Department of

the Environment and the Virginia

Department of Environmental Quality

each submitted the Post-1996 plan as a

State Implementation Plan (SIP)

revision for the Metropolitan

Washington, DC serious ozone

nonattainment area to meet the 9% rateof-progress (ROP) requirement (the Post1996 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 November 9, 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;

Maryland Department of the

Environment, 2500 Broening Highway,

Baltimore, Maryland, 21224; and

Virginia Department of Environmental

Quality, 629 East Main Street,

Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Janice Lewis at (215) 814–2185 or

Christopher Cripps at (215) 814–2179 at

the EPA Region III office above.

SUPPLEMENTARY INFORMATION:

What Action is EPA Proposing Today?

EPA is proposing approval of the

Post-1996 plan submitted by the State of

Maryland and the Commonwealth of

Virginia for the Metropolitan

Washington, DC ozone nonattainment

area (the Washington area).

What Are the Rate-of-Progress

Requirements Applicable to the

Washington 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 Washington area is classified

as a serious ozone nonattainment area;

the serious area 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.

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/

NOX reduction required by November

15, 1999 is a demonstration of

reasonable further progress in the

Washington area, which is referred to as

rate-of-progress (ROP) throughout this

document. Our assessment of the Post1996 plan is to determine whether or

not the 9% reduction requirement is

met.

What Areas are Covered by the Post1996 Plan for the Washington 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.

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62659

What Agencies and Organizations

Developed Maryland and Virginia Post1996 Plan for Metropolitan

Washington, DC Area?

The District of Columbia, Virginia and

Maryland must demonstrate ROP 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 (COG) collaborated on a

coordinated Post-1996 plan for the

Washington area. The MWAQC includes

state and local elected officials and

representatives of the Washington, DC

Department of Health (DoH), the

Maryland Department of the

Environment (MDE), the Virginia

Department of Environmental Quality

(VADEQ) and the National Capital

Region Transportation Planning Board

(TPB). The Act provides for interstate

coordination for multi-state

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 Post-1996 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 all

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 the Post-1996 plan to

EPA as a revision to its SIP. This

proposed rulemaking only addresses the

Post-1996 plans submitted by Maryland

and Virginia for the Washington area.

When Did Maryland and Virginia

Submit the Post-1996 Plan for the

Metropolitan Washington, DC Area?

The MDE submitted the area-wide

Post-1996 plan as a SIP revision on

December 24, 1997. The VADEQ

submitted 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 the VADEQ

each submitted a revised Post-1996 plan

for the Washington area that supplanted

the 1997 submissions.

What Action is EPA Taking on the

District of Columbia’s Post-1996 Plan

for the Metropolitan Washington, DC

Area?

The District submitted a Post-1996

plan for the Washington area on

November 3, 1997, and submitted a

revision to that plan on May 25, 1999.

In the September 28, 2000 Federal

Register, EPA published its proposed

approval of the Post-1996 plan

submitted by the District’s DoH (65 FR

58243).

What Are the Effects on Emissions and

How is the 3% per Year 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 states’ submittals.

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.

Growth in VOC emissions from 1990 to

1996 was described in the 15% plans,

thus the remaining VOC growth from

1996 to 1999 is described in the Post1996 plan. To meet the 9% requirement,

a state (or states for a multijurisdictional nonattainment area) 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 states’

submittals 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 used in Maryland’s and

Virginia’s Post-1996 plan submittals 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 offroad 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:

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

62660 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

done for the entire 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 baseline emissions by

Tier 0 FMVCP between 1996 and 1999

must be considered. EPA’s guidance

requires the determination of the Fleet

Turnover Correction from 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 the1990 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 Post1996 plan for the Washington 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, rather than to 1996.

There are no reductions from

corrections made to Reasonably

Available Control Technology (RACT)

and to Inspection and Maintenance (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 states’ submittals.

4. 15% Plan revisions: For areas

impacted by delays in implementing an

enhanced I/M program, EPA’s guidance

(‘‘Guidance on the Adjusted Base Year

Emissions Inventory and 1996 Target for

the 15% Rate-of-Progress Plans,’’ EPA–

452/R–92–005) 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 ROP

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 ‘‘baseline 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 C.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). The 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

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 Post1996 plans in December 1993 and

supplemental guidance 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

Post-1996 plan target levels are

calculated using a 1% VOC reduction

and 8% NOX reduction. The second

criterion is that the Post-1996 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 are Maryland

and Virginia including 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 ambient air

quality standard for ozone. The amount

of NOX reductions needed for

attainment must be demonstrated by

photochemical grid modeling. The

demonstration that the NOX substitution

which was submitted by Maryland and

Virginia is based upon local scale

modeling performed for the BaltimoreVerDate 11<MAY>2000 17:45 Oct 18, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\19OCP1.SGM pfrm01 PsN: 19OCP1
Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62661

1The 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.

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. 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. Therefore, for purposes of

determining the 1999 NOX and VOC

target levels, 6.7 tons of NOX must be

substituted for every 4.4 tons of VOC.

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, on an area wide basis, 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 1999.1

Maryland and Virginia committed to

achieving the necessary NOX and VOC

reductions, found in Table 2 below.

This proposed rulemaking action only

concerns commitments submitted by

Maryland and Virginia.

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 the all

three jurisdictions have committed to

achieve, in the aggregate, sufficient

reductions to achieve this 9%

requirement in the entire nonattainment

area.

What Control Strategies Are Maryland

and Virginia Including 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. Credit towards Maryland’s

and Virginia’s 1996 ROP requirement

will be given for state measures if only

those reductions derive from a SIPapproved state rule. These control

measures are described in more detail in

the TSD for this rulemaking. The Post1996 plan for the Washington area

claims VOC and NOX emission

reductions from the following measures:

1. Stage I Vapor Recovery: This

measure reduces VOC emissions during

the filling of gasoline storage tanks at

gasoline stations and other facilities

where gasoline is dispensed. Maryland

and Virginia amended state regulations

to require this control measure in

additional counties where this measure

was not required in 1990. Therefore, 1.2

TPD in emissions reductions in the

Maryland and Virginia portions of the

Washington area from Stage I are

creditable towards the 9% reduction

requirement.

2. Seasonal Open Burning Ban:

Maryland and Virginia adopted state

regulations to ban open burning during

the peak ozone season. EPA has

determined that the 6.3 TPD VOC and

1.4 TPD NOX from this measure is fully

creditable toward the Post-1996 VOC

and NOX reduction requirements in the

Maryland and Virginia portions of the

Washington area.

3. 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

12.2 TPD for in the Maryland and

Virginia portions of the Washington area

in the Post-1996 plan. EPA has

determined that this reduction is

creditable.

4. 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 4.1 TPD in emission

reductions from this measure in the

62662 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

Maryland and Virginia portions of the

Washington area is creditable.

5. Autobody Refinishing: The federal

rule to control VOC emissions from

autobody refinishing (63 FR 48806,

September 11, 1998) applies in Virginia.

EPA’s rule will achieve a 33%

nationwide reduction or a 36%

reduction after removal of those states

that already had a rule at the time the

baseline was determined are removed

from the baseline. Maryland and

Virginia did not have a rule at the time

the baseline was developed. EPA can

allow a 36% emissions reduction

Virginia. Virginia claimed a 35.7%

reduction. The total creditable autobody

refinishing emissions reductions in the

Post-1996 plan is 2.7 TPD in the

Virginia portion of the Washington area.

Maryland has adopted a state rule that

has additional requirements from just

the VOC content requirements of the

federal rule. Maryland claims a 45%

VOC reduction from this control

measure which EPA finds is reasonable.

The total creditable autobody

refinishing emissions reductions in the

Post-1996 plan is 3.8 TPD in the

Maryland portion of the Washington

area.

6. Graphic Arts: Maryland and

Virginia adopted state regulations to

reduce emissions from lithographic

printing operations. The VOC emissions

reduction claimed in the Post-1996 plan

from graphic arts is 2.5 TPD in the

Maryland and Virginia portions of the

Washington area.

7. Surface Cleaning Operations:

Maryland and Virginia amended

existing regulations for surface cleaning

(also called cold cleaning and

degreasing) devices and operations to

require more stringent emission controls

techniques and enlarges the universe of

applicable sources. Maryland has

adopted a state rule and claims in the

Post-1996 plan reductions of 2.9 TPD

VOC from this measure in the Maryland

portion of the Washington area. Virginia

has adopted a state rule but claims no

emission reduction benefits in the plan.

8. 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

part 90, subpart A, 60 FR 34598, July 3,

1995). This measure affects non-road

equipment rated at or below 25

horsepower. Maryland and Virginia

claimed reductions of 13.1 TPD VOC in

their portions of the Washington area.

The rule also results in a 1.0 TPD

increase in NOX emissions in the

Maryland and Virginia portions of the

Washington area. The VOC reductions

are creditable toward the reduction

requirement, and the NOX emission

increase is included in the plan.

9. 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 6.9 TPD in NOX reductions

from this measure, which is acceptable

toward the 9% reduction requirement in

the Maryland and Virginia portions of

the Washington area.

10. State NOX Requirements:

Maryland and Virginia adopted state

regulations to require the application of

RACT on NOX sources in the

Washington area. The Post-1996 plan

claims a total 67.9 TPD from this NOX

emission control in the Maryland

counties in the Washington area.

Elsewhere in today’s Federal Register

EPA has proposed approval of

Maryland’s NOX RACT rule. Therefore,

the 67.9 TPD NOX reduction through

1999 will be creditable toward the 9%

reduction requirement once EPA

approves Maryland’s NOX RACT rule.

The Post-1996 plan claims 12.0 TPD

from this NOX emission control in

Northern Virginia. EPA has proposed

full approval of Virginia’s sourcespecific RACT determinations (issued

pursuant to its NOX RACT regulation) in

a recent Federal Register document (65

FR 60141). Therefore, the 12.0 TPD

emission reductions in NOX through

1999 will be creditable toward the 9%

reduction requirement once EPA

approves emission limitations for

enough sources to fulfill Virginia’s NOX

reductions needs under the Post-1996

plan.

11. Stage II Vapor Recovery: Maryland

and Virginia adopted state regulations to

require gasoline vapor recovery controls

at gas stations to reduce emissions from

the fueling of gasoline-powered motor

vehicles. Thus, the 16.8 TPD reduction

from Stage II in the Maryland and

Virginia portions of the Washington area

Post-1996 plan is creditable toward the

ROP requirement.

12. Enhanced Vehicle Inspection and

Maintenance: Maryland and Virginia

adopted state regulations to implement

enhanced I/M programs. The Post-1996

plan uses the MOBILE5b model to

determine the enhanced I/M emission

benefits. The MOBILE5b model reflects

this more current enhanced I/M

program. We are approving the 18.0

TPD VOC and 14.8 TPD NOX reductions

from Maryland’s enhanced I/M program

toward the Post-1996 ROP requirement.

We are approving the 17.9 TPD VOC

and 16.9 TPD NOX emission reduction

benefits from enhanced I/M in the Post1996 plan.

13. RFG Refueling Benefits: This

control measure takes credit for lower

refueling emissions resulting from

federally mandated reductions in

gasoline volatility. The measure affects

VOC emissions from light-duty gasoline

vehicles and trucks. Phase II gasoline

volatility VOC emission reductions are

associated with reformulated gasolines

sold in Washington area. The Phase II

benefit claimed in the Post-1996 plan

for the Maryland and Northern Virginia

portions of the Washington area is 1.6

TPD VOC. EPA has determined that the

emission reductions are creditable

toward the reduction requirement of the

Post-1996 plan.

14. Reformulated Gasoline (RFG)—On

road: Section 211(k) of 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

specifies a minimum oxygen content of

2% and maximum 1% benzene content

beginning in 1995. Section 211(k)(6)

allows other nonattainment areas to

‘‘opt in’’ to the program to achieve

creditable VOC emission reductions.

EPA approved the requests of Maryland

and Virginia to opt their Washington

area counties into the RFG program. The

emission reduction benefit from the optin to this Federal program in the Post1996 plan is 13.7 TPD VOC and 0.2 TPD

NOX in the Maryland and Northern

Virginia portions of the Washington area

from on-road mobile sources as

determined using MOBILE5b.

15. Reformulated Gasoline—Off-Road:

The benefits of RFG will be realized in

both on-road and off-road gasoline

engines, such as lawn maintenance

equipment and motor boats. EPA

enforces this program so the emission

reductions are fully enforceable. The

VOC emission reduction benefit claimed

for non-road RFG in the Post-1996 plan

for the Maryland and Northern Virginia

portion in the Washington area is 2.2

TPD. The Washington area states use the

guidance provided on August 18, 1993

by EPA’s Office of Mobile Sources on

the VOC emission benefits from nonroad equipment in a nonattainment area

using Federal Phase I RFG. The Post1996 plan has correctly used the

guidance to compute the VOC emission

reductions for this measure. To the

extent this measure results in

quantifiable reductions before 1999, the

2.2 TPD emission benefit resulting from

this measure are creditable toward the

Post-1996 plan.

16. Tier 1 New Vehicle Standards:

The Act requires EPA to issue standards

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62663

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 11.4

TPD VOC and 28.4 TPD NOX. These

reductions are fully creditable toward

the 9% reduction requirement.

17. 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), 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 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 Maryland

and Virginia, the District of Columbia,

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 Act. In the Northeast

States, the phase-in of the NLEV

vehicles began with 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. 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 December 28,

1999, we approved Maryland’s and

Virginia’s NLEV SIP (64 FR 72564). The

1.9 TPD VOC and 1.8 TPD NOX

reductions in the Maryland and Virginia

portions of the Washington area are

fully creditable toward the 9%

reduction requirement.

18. Transportation Control Measures

(TCMs): TCMs are strategies to both

reduce VMT and decrease the amount of

emissions per VMT, and are considered

an essential element of control strategies

for nonattainment areas. The Act

classifies TCMs as programs for

improved transit, traffic flow, fringe

parking facilities for multiple

occupancy transit programs, high

occupancy or share-ride programs, and

support for bicycle and other nonautomobile transit. The Post-1996 plan

includes TCM projects programmed

between fiscal years 1994–1999 in the

transportation improvement plan (TIP)

under the Congestion Mitigation and Air

Quality (CMAQ) Improvement Program

and funded for implementation in the

Washington area. The specific projects

the States are claiming credit for and the

estimated benefits, totaling 0.2 TPD

VOC and 0.4 TPD NOX, are listed in

Appendix H of the submittal. TCMs are

considered acceptable measures for

states to use to achieve reductions. EPA

has determined that the 0.2 TPD VOC

and 0.4 TPD NOX reductions are

creditable for the Post-1996 plan. EPA is

proposing to approve into the Maryland

and Virginia SIPs several TCMs

creditable to the post-1996 and

attainment demonstration.

19. Non-CTG RACT to 50 TPY: The

Act requires that moderate and above

ozone nonattainment areas adopt rules

to require RACT for all VOC sources in

the nonattainment area, not already

covered by any Control Technique

Guideline (CTG) issued by EPA, that

have potential emissions of greater than

or equal to 50 TPY. The following table

identifies RACT sources which

Maryland and Virginia have taken credit

for in the Post-1996 plan.

MARYLAND

[Non-CTG RACT to 50 tpy]

Giant Food Bakery .......................... SIP approved October 15, 1997 [62 FR 53544] 40 CFR 52.1070(c)(125)(i)(B)(4).

Bill Carins Pontiac ........................... SIP approved October 15, 1997 [62 FR 53544] 40 CFR 52.1070(c)(124).

Frederick Motor Co ......................... SIP approved October 15, 1997 [62 FR 53544] 40 CFR 52.1070(c)(124).

Herb Gordon’s Auto World ............. SIP approved October 15, 1997 [62 FR 53544] 40 CFR 52.1070(c)(124).

Safeway Bread ................................ SIP approved October 15, 1997 [62 FR 53544] 40 CFR 52.1070(c)(125)(i)(B)(4).

Can Am Steel .................................. Structural Steel Coating Reg.—SIP approved June 17, 1999 (64 FR 32415) 40 CFR 52.1070(c)(142).

VIRGINIA

[Non-CTG RACT to 50 tpy]

Tuscarora Plastics .......................... SIP approved: 64 FR 3425 January 22, 1999. 40 CFR 52.2420(c)(128).

Insulated Building Systems ............. Shut-down source (January 1991).

Treasure Chest Ad .......................... SIP Approved March 12, 1997 (62 FR 11332) 65 FR 60141.

Cellofoam ........................................ Proposed Approval October 10, 2000 65 FR 60141.

20. RACT on Additional Sources:

Maryland and Virginia adopted state

regulations to apply RACT regulations

for all CTG and non-CTG point sources

with the potential to emit between 25

and 50 TPY VOC not already regulated

or required to be regulated (For some

CTG categories, the State regulations

existing in 1990 already applied to

sources below 25 TPY.) Virginia has

adopted state regulation but claims no

emission reduction benefits in this plan.

Maryland has identified sources below

that claimed emission reduction credits

through approved state regulations.

62664 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

EXPANDED STATE POINT SOURCE REGULATIONS TO 25 TONS/YEAR

Stone Industrial ............................... SIP approved March 22, 1999 (64 FR 57989) 40 CFR 52.1070(c)(145).

Andrews Air Force Base—Storage

and transfer requirements for

gasoline apply to aviation fuels

with vapor pressure over 1.5 psi.

SIP approved Dec. 22, 1998, (63 FR 70667) 40 CFR 52.1070(c)(130).

21. Landfill Emissions: This measure

regulates VOC emissions from

municipal landfills in the Washington

area. In Northern Virginia, the emission

reduction benefit is 0.3 TPD. The

emission reduction is achieved through

Virginia’s SIP-approved Federally

Enforceable State Operating Permit—

FESOP program, which makes the

permit federally enforceable and is

creditable toward the 9% reduction

requirement. Maryland has a federally

approved state 111(d) plan for its

municipal landfills. Therefore, the

emission reduction benefits for this plan

are 1.2 TPD.

What Are the Total Reductions in the

Post-1996 Plan?

Tables 3 and 4 summarize the

creditable measures in Maryland’s and

Virginia’s Post-1996 plan.

TABLE 3.—CREDITABLE VOC EMISSION REDUCTIONS IN THE POST-1996 PLAN FOR THE METROPOLITAN WASHINGTON,

D.C. AREA

[Tons/day]

Measure Maryland Virginia

Tier 1 FMVCP .................................................................................................................................................................. 5.5 5.9

RFG Refueling Benefits ................................................................................................................................................... 0.9 0.7

NLEV ................................................................................................................................................................................ 0.6 1.3

Reformulated Gasoline (on/off road) ............................................................................................................................... 7.9 8.0

Surface Cleaning/Degreasing .......................................................................................................................................... 2.9 0.0

Autobody Refinishing ....................................................................................................................................................... 3.8 2.7

AIM ................................................................................................................................................................................... 6.6 5.6

Consumer Products ......................................................................................................................................................... 2.2 1.9

Seasonal Open Burning Ban ........................................................................................................................................... 3.7 2.6

Graphic Arts ..................................................................................................................................................................... 1.0 1.5

Landfill Regulations ......................................................................................................................................................... 0 0.3

Non-CTG RACT to 50 TPY ............................................................................................................................................. 0.4 0.4

RACT on Additional Sources >25 TPY and <50 TPY .................................................................................................... 0.3 0

Stage II Vapor Recovery ................................................................................................................................................. 8.9 7.9

Stage I Enhancement (excluding Loudoun County, VA) ................................................................................................ 0.9 0.3

Non-road Gasoline Engines Rule .................................................................................................................................... 6.3 6.8

TCMs ............................................................................................................................................................................... 0.1 0.1

Enhanced I/M ................................................................................................................................................................... 18.0 17.9

Total Creditable Reductions ............................................................................................................................................ 71.2 63.9

TABLE 4.—CREDITABLE NOX EMISSION REDUCTIONS IN THE POST-1996 PLAN FOR THE METROPOLITAN WASHINGTON, DC

AREA

[Tons/day]

Measure Maryland Virginia

Enhanced I/M ................................................................................................................................................................... 14.8 16.9

Tier 1 ................................................................................................................................................................................ 13.7 14.7

NLEV ................................................................................................................................................................................ 0.3 1.5

Reformulated Gasoline (on-road) .................................................................................................................................... 0.1 0.1

Non-road Gasoline Engines ............................................................................................................................................ ¥0.4 ¥0.5

Non-road Diesel Engines ................................................................................................................................................. 3.7 3.2

State NOX RACT ............................................................................................................................................................. 67.9 12.0

Open Burning Ban ........................................................................................................................................................... 0.8 0.6

TCMs ............................................................................................................................................................................... 0.2 0.2

Total Creditable Reductions ............................................................................................................................................ 101.1 48.7

Based upon the measures listed in the

above tables, EPA has determined the

Post-1996 plan submitted by Maryland

and Virginia for the Washington area

will achieve the required reductions to

enable Maryland and Virginia to meet

its reduction commitments in the Post1996 plan for the Metropolitan

Washington, DC area. Thus, Maryland’s

and Virginia’s Post-1996 plans meet 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 under the

Transportation Conformity Rule (62 FR

43779, August 15, 1997). A control

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62665

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 Post1996 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

is to propose approval of these budgets

for the Metropolitan Washington, DC

area into the Maryland and Virginia SIP.

Virginia’s Immunity Law

In 1995, Virginia adopted legislation

that provides, subject to certain

conditions, for an environmental

assessment (audit) ‘‘privilege’’ for

voluntary compliance evaluations

performed by a regulated entity. The

legislation further addresses the relative

burden of proof for parties either

asserting the privilege or seeking

disclosure of documents for which the

privilege is claimed. Virginia’s

legislation also provides, subject to

certain conditions, for a penalty waiver

for violations of environmental laws

when a regulated entity discovers such

violations pursuant to a voluntary

compliance evaluation and voluntarily

discloses such violations to the

Commonwealth and takes prompt and

appropriate measures to remedy the

violations. Virginia’s Voluntary

Environmental Assessment Privilege

Law, Va. Code Sec. 10.1–1198, provides

a privilege that protects from disclosure

documents and information about the

content of those documents that are the

product of a voluntary environmental

assessment. The Privilege Law does not

extend to documents or information (1)

that are generated or developed before

the commencement of a voluntary

environmental assessment; (2) that are

prepared independently of the

assessment process; (3) that demonstrate

a clear, imminent and substantial

danger to the public health or

environment; or (4) that are required by

law.

On January 12, 1997, the

Commonwealth of Virginia Office of the

Attorney General provided a legal

opinion that states that the Privilege

law, Va. Code Sec. 10.1–1198, precludes

granting a privilege to documents and

information ‘‘required by law,’’

including documents and information

‘‘required by federal law to maintain

program delegation, authorization or

approval,’’ since Virginia must ‘‘enforce

federally authorized environmental

programs in a manner that is no less

stringent than their federal counterparts.

* * *’’ The opinion concludes that

‘‘[r]egarding section 10.1–1198,

therefore, documents or other

information needed for civil or criminal

enforcement under one of these

programs could not be privileged

because such documents and

information are essential to pursuing

enforcement in a manner required by

federal law to maintain program

delegation, authorization or approval.’’

Virginia’s Immunity law, Va. Code

Sec. 10.1–1199, provides that ‘‘[t]o the

extent consistent with requirements

imposed by Federal law,’’ any person

making a voluntary disclosure of

information to a state agency regarding

a violation of an environmental statute,

regulation, permit, or administrative

order is granted immunity from

administrative or civil penalty. The

Attorney General’s January 12, 1997

opinion states that the quoted language

renders this statute inapplicable to

enforcement of any federally authorized

programs, since ‘‘no immunity could be

afforded from administrative, civil, or

criminal penalties because granting

such immunity would not be consistent

with federal law, which is one of the

criteria for immunity.’’ Therefore, EPA

has determined that Virginia’s Privilege

and Immunity statutes will not preclude

the Commonwealth from enforcing its

program consistent with the federal

requirements. In any event, because

EPA has also determined that a state

audit privilege and immunity law can

affect only state enforcement and cannot

have any impact on federal enforcement

authorities, EPA may at any time invoke

its authority under the Clean Air Act,

including, for example, sections 113,

167, 205, 211 or 213, to enforce the

requirements or prohibitions of the state

plan, independently of any state

enforcement effort. In addition, citizen

enforcement under section 304 of the

Clean Air Act is likewise unaffected by

this, or any, state audit privilege or

immunity law.

II. Proposed Action

EPA is proposing approval of the

Post-1996 plan submitted by the State of

Maryland for the Metropolitan

Washington, D.C. ozone nonattainment

area. EPA is proposing to approve into

the Maryland SIP eleven (11) TCMs

creditable to the post-1996 ROP and

attainment demonstration.

III. Proposed Action

EPA is proposing approval of the

Post-1996 plan submitted by the

Commonwealth of Virginia for the

Virginia portion of the Metropolitan

Washington, D.C. ozone nonattainment

area. EPA is proposing to approve into

the Virginia SIP ten (10) TCMs

creditable to the post-1996 ROP and

attainment demonstration.

Written comments must be received

on or before November 9, 2000. EPA

calls your attention to the November 9,

2000 deadline date for submittal of

comments on this proposed action to

approve these SIP revisions submitted

by the Commonwealth of Virginia and

the State of Maryland. The EPA is

providing a shortened time period for

comment for two reasons. As an initial

matter, these revisions are noncontroversial and EPA does not expect

comment because all of the creditable

reductions were calculated in

accordance with EPA guidance from

Federal measures or SIP-approved

measures. Moreover, these SIP revisions

are necessary for full approval of the

attainment demonstration SIP for the

Metropolitan Washington, D.C. ozone

nonattainment area. The EPA is

currently under an obligation to

complete rulemaking by November 15,

2000 fully approving the attainment

demonstration for the Metropolitan

Washington, D.C. ozone nonattainment

area or, in the alternative, proposing a

Federal implementation plan.

IV. 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 action merely proposes to

approve 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

(Public Law 104–4). For the same

reason, this proposed rule also does not

significantly or uniquely affect the

communities of tribal governments, as

62666 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

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 proposes to approve 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

Maryland’s and Virginia’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.

Dated: October 13, 2000.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 00–26907 Filed 10–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[VA122 & 123–5054; FRL–6888–4]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Source-Specific Permits To Reduce

NOX Emissions in the Metropolitan

Washington, D.C. Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

two permits issued by the

Commonwealth of Virginia for the

Potomac Electric Power Company

(PEPCO), Potomac River Generating

Station and the Virginia Power (VP),

Possum Point Generating Station. These

permits were submitted as State

Implementation Plan (SIP) revisions on

September 19, 2000 and September 26,

2000, respectively, by the Virginia

Department of Environmental Quality

(VADEQ). These permits impose

conditions which reduce nitrogen

oxides (NOX) emissions from these two

facilities during the ozone season (May

1–September 30) of each year. The

intent of this action is to propose

approval of these permits as SIP

revisions because the resulting NOX

emission reductions are strengthening

measures for the Metropolitan

Washington, D.C. ozone nonattainment

area’s attainment plan and are necessary

for full approval of the attainment

demonstration SIP for the Metropolitan

Washington, D.C. ozone nonattainment

area.

DATES: Written comments must be

received on or before November 9, 2000.

ADDRESSES: Comments may be mailed to

Makeba A. Morris, Chief, Technical

Assessment Branch, Mailcode 3AP11,

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 following locations: Air

Protection Division, Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, Pennsylvania

19103–2029; Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Michael Ioff at (215) 814–2166.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is EPA proposing to approve?

II. What pollutant will these SIP revisions

control?

III. What are the limits for these sources?

IV. What are the environmental effects of this

action?

V. General information pertaining to

Submittals for the Commonwealth

VII. Proposed Action.

VIII. Administrative Requirements.

I . What Is EPA Proposing To Approve?

EPA is proposing to approve two

permits issued by the Commonwealth of

Virginia for the Potomac Electric Power

Company’s (PEPCO) Potomac River

Generating Station in Alexandria and

for the Virginia Power (VP), Possum

Point Generating Station in Dumfries,

submitted as SIP revisions on

September 19, 2000 and September 26,

2000, respectively. These permits

impose conditions which reduce

nitrogen oxides ( NOX) emissions during

the ozone season of each year (May 1–

September 30). This action will have a

beneficial effect on air quality by

reducing NOX emissions in

Metropolitan Washington, D.C. ozone

nonattainment area. It is being taken

under Section 110 of the Clean Air Act

(CAA).

II. What Pollutant Will These SIP

Revisions Control?

The proposed permits require the

Potomac River Station and the Possum

Point Station to reduce their NOX

emissions during the ozone season.

Nitrogen oxides, or NOX, is the generic

term for a group of gases formed in a

combustion process. The primary

sources of NOX emissions are motor

vehicles, electric utilities and, to a lesser

degree, industrial, commercial and

residential sources that burn fossil fuel.

NOX is one of the main ingredients

responsible for formation of groundlevel ozone (smog).

III. What Are the Limits for These

Sources?

The permit for the Potomac River

Generating Station establishes a limit

(cap) on emission of nitrogen oxides to

no more than 1019 tons during each

ozone season (May 1 through September

30). This emission cap is based on an

average emission rate of 0.15 pound per

million BTU of heat input for each

individual unit during the ozone season.

Compliance shall be demonstrated by

continuous emission monitoring from