36854 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: June 12, 1998.

William Rice,

Acting Regional Administrator, Region VII.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(106) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(106) On December 17, 1996, the

Missouri Department of Natural

Resources submitted a revised rule

pertaining to capture efficiency.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10–

6.030 entitled, ‘‘Sampling Methods for

Air Pollution Sources,’’ effective

November 30, 1996.

[FR Doc. 98–17973 Filed 7–7–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC038–2009a, MD058–3026a, VA083–

5035a; FRL–6120–6]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia, Virginia, Maryland; 1990

Base Year Emission Inventory for the

Metropolitan Washington, DC Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the District of Columbia (the District),

the State of Maryland and the

Commonwealth of Virginia State

Implementation Plans (SIP) which

pertain to the 1990 base year ozone

emission inventory for the Washington,

DC–MD–VA Consolidated Metropolitan

Statistical Area (CMSA). This area,

commonly referred to as the

Metropolitan Washington, D.C. area, is

classified as a serious ozone

nonattainment area. These SIP revisions

were prepared by the District, the

Commonwealth of Virginia and the

State of Maryland with the assistance of

the Metropolitan Washington Council of

Governments and were submitted for

the purpose of revising the 1990

baseline of volatile organic compound

(VOC) and nitrogen oxides (NOx)

emissions that contribute to ozone

nonattainment problems in the

Metropolitan Washington, D.C. area.

The intended effect of this action is to

approve amendments to the 1990 base

year ozone emission inventory for the

Metropolitan Washington, D.C. area in

accordance with the Clean Air Act.

DATES: This direct final rule is effective

on September 8, 1998 without further

notice, unless EPA receives adverse

comment by August 7, 1998. If adverse

comment is received, EPA will publish

a timely document withdrawing this

rule.

ADDRESSES: Comments may be mailed to

David L. Arnold, Chief, Ozone & Mobile

Sources Branch, Mailcode 3AP21,

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

District of Columbia Department of

Health, Air Quality Division, 2100

Martin Luther King Ave., S.E.,

Washington, DC 20020; the Maryland

Department of the Environment, 2500

Broening Highway, Baltimore, Maryland

21224; and the Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT:

Christopher Cripps, (215) 814–2179, at

EPA Region III address, or via e-mail at

cripps.christopher@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Clean Air Act (the Act),

States have the responsibility to

inventory emissions contributing to

national ambient air quality standard

nonattainment, to track these emissions

over time, and to ensure that control

strategies are being implemented that

reduce emissions and move areas

towards attainment. The 1990 base year

emissions inventory is the primary

inventory from which the periodic

inventory, the rate-of-progress (ROP)

target level and projection inventories,

and the modeling inventory are derived.

The Act requires ozone nonattainment

areas designated as moderate, serious,

severe, and extreme to submit a plan

within three years of 1990 to reduce

VOC emissions by 15 percent within six

years after 1990 (15% ROP plan). The

baseline level of emissions, from which

the 15 percent reduction is calculated,

is determined by adjusting the base year

VOC inventory to exclude biogenic

emissions and to exclude certain

emission reductions not creditable

towards the 15% plan. The Act further

requires ozone nonattainment areas

designated as serious, severe, and

extreme to submit a plan within four

years of 1990 to reduce VOC emissions

by a further nine percent in the period

between six and nine years after 1990

(post-1996 ROP plan). The Act allows

reductions in NOx emissions after 1990

to be substituted for VOC reductions in

the post-96 ROP plan. When NOx

reductions are substituted, the baseline

level of emissions, from which the NOx

reduction percentage is calculated, is

determined by adjusting the base year

NOx inventory to exclude certain

emission reductions not creditable

towards the 15% plan. Further

information on these inventories and

their purpose can be found in the

following documents issued by EPA:

Emission Inventory Requirements for

Ozone State Implementation Plans,

Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park,

North Carolina, March 1991

Guidance on the Adjusted Base Year

Emissions Inventory and the 1996

Target for 15 Percent Rate of Progress

Plans, Environmental Protection

Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, North Carolina,

October 1992.

Guidance on the Post ’96 Rate-ofProgress Plan (RPP) and Attainment

Demonstration (Corrected version of

February 18, 1994), Environmental

Protection Agency, Office of Air

Quality Planning and Standards,

Research Triangle Park, North

Carolina, February 18, 1994.
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36855

The 1990 base year inventory may

also serve as part of statewide

inventories for purposes of regional

modeling in transport areas. The 1990

base year inventory plays an important

role in modeling demonstrations for

areas classified as moderate and above

that are located outside transport

regions. The air quality planning

requirements for marginal to extreme

ozone nonattainment areas are set out in

section 182(a)–(e) of Title I of the Act.

The EPA has issued a General Preamble

describing EPA’s preliminary views on

how EPA intends to review SIP

revisions submitted under Title I of the

Act, including requirements for the

preparation of the 1990 base year

inventory (see 57 FR 13502 April 16,

1992; and 57 FR 18070 April 28, 1992).

Because EPA is describing its

interpretations here only in broad terms,

the reader should refer to the General

Preamble for a more detailed discussion

of the interpretations of Title I and its

supporting rationale. In today’s

rulemaking action on the Metropolitan

Washington, DC ozone nonattainment

area’s 1990 base year emissions

inventory, EPA is applying its

interpretations taking into consideration

the specific factual issues presented.

Those states containing ozone

nonattainment areas classified as

marginal to extreme are required under

section 182(a)(1) of the Act to submit a

final, comprehensive, accurate, and

current inventory of actual ozone

season, weekday emissions from all

sources within 2 years of enactment

(November 15, 1992). This inventory is

for calendar year 1990 and is denoted as

the 1990 base year inventory. It includes

both anthropogenic and biogenic

sources of VOC, NOX, and carbon

monoxide (CO) emissions. The

inventory is to address actual VOC,

NOX, and CO emissions for the area

during peak ozone season, which is

generally comprised of the summer

months. All emissions from stationary

point and area sources, as well as

highway and non-road mobile sources,

and biogenic emissions within the

nonattainment area, are to be included

in the compilation.

Air quality planning in the

Washington, DC ozone nonattainment

area is done jointly by the District of

Columbia, Maryland, Virginia and the

Metropolitan Washington Air Quality

Committee (MWAQC). The MWAQC,

composed of state and local elected

officials, state air quality and

transportation planning directors and

the Chair of the National Capital Region

Transportation Planning Board, ensures

interstate air quality planning

consultation requirements of sections

182(j) and 174 are fulfilled and has been

certified under section 174 as the air

quality planning organization for the

Washington, DC ozone nonattainment

area by the Governors of Maryland and

Virginia and the Mayor of the District of

Columbia. The MWAQC recommends

air quality planning measures and

approves ROP plans both of which the

states adopt as SIP revisions. The

MWAQC relies upon the three air

planning agencies including the District

of Columbia’s Air Quality Division,

Environmental Health Division,

Department of Health (formerly the Air

Resources Management Division of the

Department of Consumer and

Regulatory Affairs) and upon the

Metropolitan Washington Council of

Governments (MWCOG) for technical

support. Each jurisdiction adopts the

MWAQC-approved plan as a revision to

its SIP.

In July 1996 the MWAQC and the

Washington, DC ozone nonattainment

area states began revisions to their 15%

ROP plans in conjunction with the post1996 ROP plans. At this time certain

portions of the 1990 base year inventory

were refined to utilize better

information such as that relating to

traffic demand modeling, updated

information on point source emissions,

and to correct certain errors in the

inventory found while the states were

auditing the inventory in preparation for

the attainment demonstration modeling.

The update to the point source

inventory reflects changes in emission

factors, replacement of emission factors

with actual stack testing results,

correction of coding errors in boiler

firing type and correction in the

associated emission factor, and

improved reporting by sources. The

changes in area source emissions

estimates are attributable to changes in

several categories, including, ‘‘coal

consumption,’’ which includes

residential, commercial/institutional,

and industrial consumption. These

changes resulted from the use of a

corrected emissions factor for underfired stokers in the commercial/

institutional and industrial categories

and a corrected emissions factor for the

residential category. In addition, the

spatial allocation approach for

commercial, institutional and non-point

source industrial fossil-fuel combustion

categories was changed to use

employment as the activity surrogate,

instead of population. Other revisions in

area source emissions result from use of

better 1990 information available for the

military airports, structure fires and

certain industrial surface coating

categories.

The changes in area source emissions

estimates are attributable to changes in

estimates of activity split between the

weekend and weekday use of

recreational boating and lawn and

garden equipment and in the Reid vapor

pressure (RVP) of gasoline used in the

area in 1990. The 1990 inventory was

based upon an EPA supplied inventory

that did not accurately reflect the 1990

summer RVP of 8.3 psi nor the proper

activity split between the weekend and

weekday use of recreational boating and

lawn and garden equipment.

The mobile source inventory was

developed by using a network-based

travel demand model which is the same

network used for transportation

conformity purposes. The refinements

to the 1990 mobile source emissions

inventory are attributable to refinements

implemented in the traffic modeling

process. These refinements are designed

to provide a better feedback relationship

between congested traffic speeds on the

network and the gravity model.

Additionally, updated land use

assumptions, actual 1990 census data

for households and population data and

the Regional Employment Census for

employment data were used in the

refinements. These updated

assumptions are slightly lower than the

‘‘projected’’ 1990 assumptions used for

the initial 1990 inventory submittals.

II. Criteria for Approval

There are general and specific

components of an acceptable emission

inventory. In general, a state must meet

the minimum requirements for reporting

by source category. Specifically, the

source requirements are detailed below.

The base year emission inventory is

approvable if it passes Levels I, II, and

III of the review process. Detailed Level

I and II review procedures can be found

in the following document; ‘‘Quality

Review Guidelines for 1990 Base Year

Emission Inventories,’’ Environmental

Protection Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, NC, July 27, 1992. Level

III review procedures are specified in a

memorandum from David Mobley and

G.T. Helms to the Regions ‘‘1990 O3/CO

SIP Emission Inventory Level III

Acceptance Criteria,’’ October 7, 1992

and revised in a memorandum from

John Seitz to the Regional Air Directors

dated June 24, 1993.

The Levels I and II review process is

used to determine that all components

of the base year inventory are present.

The review also evaluates the level of

supporting documentation provided by

the state and assesses whether the

emissions were developed according to

current EPA guidance. The data quality
36856 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

is also evaluated. The Level III review

process, as outlined here, consists of 10

criteria. For a base year emission

inventory to be acceptable it must pass

all of the following acceptable criteria:

A. An approved Inventory Preparation

Plan (IPP) must be provided and the

Quality Assurance (QA) program

contained in the IPP must be performed

and its implementation documented.

B. Adequate documentation must be

provided that enables the reviewer to

determine the emission estimation

procedures and the data sources used to

develop the inventory.

C. The point source inventory must be

complete.

D. Point source emissions must be

prepared or calculated according to the

current EPA guidance.

E. The area source inventory must be

complete.

F. The area source emissions must be

prepared or calculated according to the

current EPA guidance.

G. Biogenic emissions must be

prepared according to current EPA

guidance or another approved

technique.

H. The method (e.g., a network

transportation planning model) used to

develop vehicle miles traveled (VMT)

estimates must follow EPA guidance,

which is detailed in the document,

‘‘Procedures for Emission Inventory

Preparation, Volume IV: Mobile

Sources,’’ Environmental Protection

Agency, Office of Mobile Sources and

Office of Air Quality Planning and

Standards, Ann Arbor, Michigan, and

Research Triangle Park, North Carolina,

December 1992. The VMT development

methods must be adequately described

and documented in the inventory

report.

I. The EPA’s MOBILE emission factor

model must be correctly used to

produce emission factors for each of the

vehicle classes.

J. Non-road mobile emissions must be

prepared according to current EPA

guidance for all of the source categories.

III. The District’s, Virginia’s and

Maryland’s Submittals

On November 3, 1997, the Department

of Consumer and Regulatory Affairs

(DCRA) for the District of Columbia

submitted the revised 1990 base year

emission inventories as a formal

revision to the District’s State

Implementation Plan (SIP). On

December 24, 1997 the Maryland

Department of the Environment

submitted the revised 1990 base year

emission inventories as a formal

revision to the Maryland SIP, and on

December 17, 1997 the Virginia

Department of Environmental Quality

submitted the revised 1990 base year

emission inventories as a formal

revision to the Virginia SIP. EPA

reviewed this submittal to determine

completeness shortly after submittal, in

accordance with the completeness

criteria set out at 40 CFR Part 51,

Appendix V (1991), as amended by 57

FR 42216 (August 26, 1991). The

submittals were determined to be

complete on December 10, 1997,

January 13, 1998 and January 12, 1998

for the District’s, Maryland’s and

Virginia’s submittals, respectively.

IV. EPA Analysis of the SIP Revisions

Based on EPA’s Level I, II, and III

review findings, the District, Maryland

and Virginia have satisfied all of EPA’s

requirements for providing a

comprehensive and accurate 1990 base

year inventory of actual emissions for

the Metropolitan Washington, D.C.

ozone nonattainment area.

There were no deficiencies found

during the Level I and II review. The

Level I and II checklists are contained

in the TSD prepared for this action.

A summary of EPA’s Level III findings

is given below:

A. The Inventory Preparation Plan

(IPP) and Quality Assurance (QA)

program have been approved and

implemented. These were approved on

March 27, 1992, August 11, 1992 and

August 27, 1992 for the District,

Maryland and Virginia, respectively.

B. The documentation was adequate

for all emission types (stationary point,

area, highway mobile, on-road mobile

and biogenic sources) for the reviewer to

determine the estimation procedures

and data sources used to develop the

inventory.

C. The point source inventory was

found to be complete.

D. The point source emissions were

estimated according to EPA guidance.

E. The area source inventory was

found to be complete.

F. The area source emissions were

estimated according to EPA guidance.

G. The biogenic source emissions

were estimated using the Biogenic

Emission Inventory System (PC–BEIS)

in accordance with EPA guidance.

H. The method used to develop VMT

estimates was adequately described and

documented.

I. The mobile model was used

correctly.

J. The non-road mobile emission

estimates were correctly prepared in

accordance with EPA guidance.

Thus, EPA has determined that the

District’s, the State of Maryland’s and

the Commonwealth of Virginia’s

submittals meet the essential reporting

and documentation requirements for a

1990 base year emission inventory.

A summary of the emission

inventories broken down by point, area,

biogenic, on-road, and non-road mobile

sources is presented for VOC, NOX, and

CO emissions in the tables below.

METROPOLITAN WASHINGTON, DC OZONE SEASON EMISSIONS IN TONS PER DAY BY JURISDICTION

[1990 Base-Year VOC Inventory]

District of

Columbia Maryland Virginia Area total

Point Source Emissions ................................................................................................... 1.0 5.5 8.1 14.6

Area Source Emissions .................................................................................................... 20.0 94.2 77.0 191.2

Non-Road Mobile Emissions ............................................................................................ 5.5 32.1 32.8 70.4

On-Road Mobile Emissions .............................................................................................. 32.6 108.4 110.1 251.1

Biogenic Emissions .......................................................................................................... 3.2 225.9 147.4 376.5

Total ....................................................................................................................... 62.3 466.1 375.4 903.8

METROPOLITAN WASHINGTON, DC OZONE SEASON EMISSIONS IN TONS PER DAY BY JURISDICTION

[1990 Base-Year NOX Inventory]

District of

Columbia Maryland Virginia Total

Point Source Emissions ................................................................................................... 7.6 267.4 59.8 334.8
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations 36857

METROPOLITAN WASHINGTON, DC OZONE SEASON EMISSIONS IN TONS PER DAY BY JURISDICTION—Continued

[1990 Base-Year NOX Inventory]

District of

Columbia Maryland Virginia Total

Area Source Emissions .................................................................................................... 3.4 15.8 28.1 47.3

Non-Road Mobile Emissions ............................................................................................ 5.5 43.5 36.0 85.0

On-Road Mobile Emissions .............................................................................................. 25.8 129.1 106.8 261.7

Biogenic Emissions .......................................................................................................... NA NA NA NA

Total ....................................................................................................................... 42.3 455.8 230.7 728.8

METROPOLITAN WASHINGTON, DC OZONE SEASON EMISSIONS IN TONS PER DAY BY JURISDICTION

[1990 Base-Year Carbon Monoxide (CO) Inventory]

District of

Columbia Maryland Virginia Total

Point Source Emissions ................................................................................................. 4.3 51.8 3.6 59.7

Area Source Emissions .................................................................................................. 2.7 9.8 49.6 62.1

Non-Road Mobile Emissions .......................................................................................... 145 427.4 365 937.4

On-Road Mobile Emissions ............................................................................................ 248.3 901.5 909.1 2058.9

Biogenic Emissions ........................................................................................................ NA NA NA NA

Total ..................................................................................................................... 400.3 1390.5 1327.3 3118.1

EPA has determined that the

submittals made by the District,

Maryland and Virginia satisfy the

relevant requirements of the Act. EPA’s

detailed review of the emission

inventories is contained in a Technical

Support Document (TSD) which is

available, upon request, from the EPA

Regional Office listed in the ADDRESSES

section above.

EPA is approving this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse or critical comments be

filed. This rule will be effective

September 8, 1998 without further

notice unless the Agency receives

adverse comments by August 7, 1998.

Should EPA receive such comments,

then EPA will publish a document

informing the public that this rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this rule.

Only parties interested in commenting

on this action should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on September 8, 1998 and no

further action will be taken on the

proposed rule.

If adverse comments are received that

do not pertain to all paragraphs in this

rule, those paragraphs not affected by

the adverse comments will be finalized

in the manner described here. Only

those paragraphs which receive adverse

comments will be withdrawn in the

manner described here.

V. Final Action

EPA is approving the revised 1990

base year ozone emission inventory for

VOC and NOX submitted by the District

of Columbia, State of Maryland and the

Commonwealth of Virginia for the

Metropolitan Washington, D.C. ozone

nonattainment area. The inventory

revisions concern VOC, and NOX

emissions from point, area, highway

mobile, and non-road mobile biogenic

emissions.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision of any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

VI. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

The final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not impose

any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,
36858 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 /Rules and Regulations

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule. EPA has

determined that the approval action

promulgated does not include a Federal

mandate that may result in estimated

costs of $100 million or more to either

State, local, or tribal governments in the

aggregate, or to the private sector. This

Federal action approves pre-existing

requirements under State or local law,

and imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by September 8, 1998. Filing a

petition for reconsideration by the

Administrator of this rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action,

regarding the 1990 emission inventory

for the Washington, DC ozone

nonattainment area submitted by the

District of Columbia, State of Maryland

and Commonwealth of Virginia, may

not be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and record

keeping requirements, and SIP

requirements.

Dated: June 23, 1998.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

Part 52, Chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart J—District of Columbia

2. Section 52.474 is amended by

adding paragraph (c) to read as follows:

§ 52.474 1990 Base Year Emission

Inventory.

* * * * *

(c) EPA approves as a revision to the

District of Columbia State

Implementation Plan an amendment to

the 1990 base year emission inventories

for the District’s portion of the

Metropolitan Washington, D.C. ozone

nonattainment area submitted by the

Director, Department of Consumer and

Regulatory Affairs, on November 3,

1997. This submittal consists of

amendments to the 1990 base year

point, area, highway mobile, and nonroad source emission inventories in the

area for the following pollutants:

volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

Subpart V—Maryland

3. Section 52.1075 is amended by

adding paragraph (f) to read as follows:

§ 52.1075 1990 Base Year Emission

Inventory.

* * * * *

(f) EPA approves as a revision to the

Maryland State Implementation Plan an

amendment to the 1990 base year

emission inventories for the Maryland

portion of the Metropolitan Washington

DC ozone nonattainment area submitted

by the Secretary of Maryland of the

Department Environment on December

24, 1997. This submittal consists of

amendments to the 1990 base year

point, area, highway mobile, and nonroad mobile source emission inventories

in the area for the following pollutants:

Volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

Subpart VV—Virginia

4. Section 52.2425 is amended by

adding paragraph (d) to read as follows:

§ 52.2425 1990 Base Year Emission

Inventory.

* * * * *

(d) EPA approves as a revision to the

Virginia State Implementation Plan

amendments to the 1990 base year

emission inventories for the Northern

Virginia ozone nonattainment area

submitted by the Director, Virginia

Department Environmental Quality, on

December 17, 1997. This submittal

consists of amendments to the 1990 base

year point, area, non-road mobile, and

on-road mobile source emission

inventories for the following pollutants:

volatile organic compounds (VOC), and

oxides of nitrogen (NOX).

[FR Doc. 98–17971 Filed 7–7–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[MT–001–0004a; FRL–6122–2]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Montana; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

Montana plan and associated

regulations for implementing the

Municipal Solid Waste (MSW) Landfill

Emission Guidelines at 40 CFR part 60,

subpart Cc, which were required

pursuant to section 111(d) of the Clean

Air Act (Act). The State’s plan was

submitted to EPA on July 2, 1997 in

accordance with the requirements for

adoption and submittal of State plans

for designated facilities in 40 CFR part

60, subpart B. The State’s plan

establishes performance standards for

existing MSW landfills and provides for

the implementation and enforcement of

those standards. EPA finds that

Montana’s plan for existing MSW

landfills adequately addresses all of the

Federal requirements applicable to such

plans.

DATES: This direct final rule is effective

on September 8 1998 without further

notice, unless EPA receives adverse

comment by August 7, 1998. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final