Final Rule To Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2; Final Rule To Implement Certain Aspects of
the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter and Ozone NAAQS; Final Rule for Reformulated Gasoline; Correction
[Federal Register: October 4, 2006 (Volume 71, Number 192)]
[Rules and Regulations]
[Page 58498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc06-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, and 80
[OAR 2003-0079; FRL-8227-6]
RIN 2060-AJ99
Final Rule To Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2; Final Rule To Implement Certain Aspects of
the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter and Ozone NAAQS; Final Rule for Reformulated Gasoline; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: The EPA issued a final rule on November 29, 2005, which took
action on elements of the program to implement the 8-hour ozone
national ambient air quality standard (NAAQS or standard)--Phase 2. The
preamble contains a discussion of the Clean Air Act's (CAA's)
reasonable further progress (RFP) requirements, and this document
clarifies the correct citation in the CAA that should have been
referenced. Finally, this document is modifying several incorrect
citations in Appendix A of the preamble which addresses calculation of
RFP targets. This action is needed so States will have the correct
version of the Phase 2 rule. The intended effect is to correct the
errors in the Phase 2 rule.
EFFECTIVE DATE: This document is effective on October 4, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Denise Gerth, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C539-01, Research Triangle Park, NC 27711, phone number (919)
541-5550, fax number (919) 541-0824 or by e-mail at
gerth.denise@epa.gov. or Mr. John Silvasi, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-01, Research Triangle Park, NC 27711, phone number (919) 541-5666,
fax number (919) 541-0824 or by e-mail at silvasi.john@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA issued the Phase 2 Rule to Implement
the 8-Hour Ozone NAAQS on November 29, 2005 (70 FR 71612). The purpose
of this document is to correct four technical errors in the final rule.
Section E.1.b. of the preamble (70 FR 71633; first column) provides
information on the RFP requirements for areas classified under subpart
2 as serious and above that had met the 15-percent VOC emission
reduction requirement for the 1-hour standard. The preamble stated that
such areas would be subject to the RFP requirements of section 172(e)
of the CAA. The reference to section 172(e) was inaccurate so we are
issuing this correction notice to clarify that such areas would be
subject to the RFP requirements of section 172(c) of the CAA. The
regulatory text promulgated at 40 CFR 51.910(a)(1)(ii)(A) (70 FR 71700)
correctly references section 172(c)(2).
The final set of corrections are being made to language in Method
2, Method 3 and Method 4 of Appendix A (70 FR 71696-71697) which
addresses calculation of RFP targets.
The reference in Method 2 to areas covered under 40 CFR
51.910(a)(1)(ii)(C) is incorrect and the correct citation is 40 CFR
51.910(a)(1)(ii)(B). The following is the corrected language:
``For areas covered under 40 CFR 51.910(a)(1)(ii)(B) and that
meet an 18-percent VOC emission reduction requirement by 2008 with
NOX substitution allowed, following EPA's NOX
Substitution Guidance:''.
The references in Method 3 in paragraphs E and F (71697, column 1)
to Steps C, D and E are incorrect. The following is the corrected language:
(E) The target level of VOC and NOX emissions in 2011
needed to meet the 2011 ROP requirement is any combination of VOC
and NOX reductions from the adjusted inventories
calculated in Step D that total nine percent. For example, the
target level of VOC emissions in 2011 could be a four-percent
reduction from the adjusted VOC inventory in Step D and a five-
percent reduction from the adjusted NOX inventory in Step
D * * * [Emphasis Added].
(F) For subsequent * * *. This value is subtracted from the 2011
target level of NOX emissions calculated in Step E to get
the adjusted NOX inventory to be used as the basis for
calculating the target level of NOX emissions in 2014.
[Emphasis Added].
The reference Method 4 in paragraph D (71697, second column) to
Step E is incorrect. The following is the corrected language:
(D) The target level of VOC and NOX emissions in 2011
needed to meet the 2011 ROP requirement is any combination of VOC
and NOX reductions from the adjusted inventories
calculated in Step C that total nine percent * * * [Emphasis Added].
In addition, for all of Appendix A, the term ``ROP'' should read
``RFP.'' This is consistent with the definition of RFP in the Phase 1
rule (69 FR 23974, footnote 32).
List of Subjects
40 CFR Part 51
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Ozone, Particulate matter, Transportation,
Volatile organic compounds.
40 CFR Part 52
Air pollution control, Carbon monoxide, Intergovernmental
relations, Ozone, Particulate matter.
40 CFR Part 80
Fuel additives, Gasoline, Motor vehicle pollution, Ozone.
Authority: 42 U.S.C. 7408; 47 U.S.C. 7410; 42 U.S.C. 7501-7511;
42 U.S.C. 7601(a)(1); 42 U.S.C. 7401.
Dated: September 28, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-16377 Filed 10-3-06; 8:45 am]
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