[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Proposed Rules]
[Pages 53193-53197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24925]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0704; FRL-8969-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Indiana; Volatile Organic Compound Emission Control Measures for Lake 
and Porter Counties in Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On September 4, 2009, the Indiana Department of Environmental 
Management (IDEM) submitted several volatile organic compound (VOC) 
rules for approval into its State Implementation Plan (SIP). The 
purpose of these rules is to satisfy the VOC reasonably available 
control technology (RACT) requirements for the Lake and Porter portion 
of the Chicago-Gary-Lake County, IL-IN, 8-hour ozone nonattainment 
area. These rules are approvable because they satisfy the

[[Page 53194]]

control and enforceability requirements of the Clean Air Act (Act), 
including Indiana's requirement to adopt VOC RACT rules for the Control 
Technique Guideline (CTG) documents issued by EPA in 2006, 2007 and 
2008.

DATES: Comments must be received on or before November 16, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0704, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 692-2551.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2009-0704. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption, and be free 
of any defects or viruses. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Steven Rosenthal at (312) 
886-6052 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6052.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking Today?
III. What Is the Purpose of This Action?
IV. What Is EPA's Analysis of Indiana's Submitted VOC Rules and 
Negative Declaration?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Action Is EPA Taking Today?

    EPA is proposing to approve several new VOC rules into Indiana's 
SIP because they are consistent with the Act, including its VOC RACT 
requirements. These include source categories for which IDEM had 
previously indicated it had no sources (negative declarations) and 
rules intended to satisfy CTGs issued in 2006, 2007 and 2008. EPA is 
also approving a negative declaration for the 2008 CTG ``Control 
Technique Guidelines for Fiberglass Boat Manufacturing Materials'' in 
which IDEM documents that it has no sources subject to this CTG.

III. What Is the Purpose of This Action?

    The primary purpose of these rules is to satisfy the requirement in 
section 182(b) of part D of title I of the Act that VOC RACT rules be 
adopted for ozone nonattainment areas. This would include the Chicago-
Gary-Lake County, IL-IN, 8-hour ozone nonattainment area. These rules 
satisfy the requirement for VOC RACT rules for existing, pre-2006, CTG 
and major non-CTG source categories which were due on September 15, 
2006, as well as the requirement to adopt VOC RACT rules for the CTG 
documents issued by EPA in 2006, 2007 and 2008. Section 182(b)(2)(A) of 
the Act provides that for nonattainment areas classified as moderate or 
above, States must revise their SIPs to include RACT for each category 
of VOC sources covered by a CTG document issued between November 15, 
1990, and the date of attainment.
    On March 24, 2008 (73 FR 15416), EPA made a finding that Indiana 
failed to submit those VOC RACT rules which were due on September 15, 
2006, for the Chicago-Gary-Lake County, IL-IN, 8-hour ozone 
nonattainment area. Indiana submitted the fully adopted required

[[Page 53195]]

VOC RACT rules to EPA on September 4, 2009. Failure to submit a 
complete VOC RACT submittal would have triggered the offset sanction 
identified in section 179(b)(2) of the Act on September 24, 2009, and 
the highway funding sanction in accordance with section 179(b)(1) of 
the Act on March 24, 2010.
    EPA would be required by section 110(c) of the Act to promulgate a 
Federal Implementation Plan (FIP) if it has not approved these VOC RACT 
rules into Indiana's SIP by March 24, 2010. Finalization of the action 
proposed here would end any obligation for EPA to promulgate a FIP 
addressing this VOC RACT requirement.

IV. What Is EPA's Analysis of Indiana's Submitted VOC Rules and 
Negative Declaration?

    Indiana's VOC rules for Lake and Porter Counties are consistent 
with the Act and EPA VOC RACT guidance, and are all approvable. A brief 
description of the rules that IDEM has submitted is provided below. 
This description contains information on the applicability cutoffs, 
control requirements and the relevant EPA VOC RACT guidance. These 
rules all have appropriate compliance test methods and recordkeeping 
requirements. Compliance with these rules is required by April 11, 
2011.

(A) 326 IAC 8-2-2--Automobile and Light Duty Truck Coating Operations

    This rule requires application of new coating limits, development 
of work practice plans for coating and cleaning operations, and is 
applicable to facilities with uncontrolled emissions exceeding 15 
pounds per day of VOC. These revised requirements are based on and 
consistent with the 2008 CTG document ``Control Techniques Guidelines 
for Automobile and Light-Duty Truck Assembly Coatings.'' IDEM's 
Compliance methods, in 326 IAC 8-1-2, have also been revised to 
reference EPA's 2008 revised Automobile Topcoat Protocol in the 
document ``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and 
Topcoat Operations.''

(B) 326 IAC 8-2-5--Paper Coating

    This rule has been revised to add more stringent coating limits 
that apply to individual coating lines with potential emissions of at 
least 25 tons per year. The new limits can either be achieved through 
the use of low VOC compliant coatings or installation of VOC control 
devices to achieve a 90 percent overall VOC control efficiency, or a 
combination of the two options that is equivalent to the low VOC 
coating limit. Additional solvent cleaning work practices apply to 
facilities emitting at least 15 pounds per day of uncontrolled VOC 
emissions from all coating lines and related cleaning activities at the 
facility. These revisions are based on and consistent with EPA's 2007 
CTG ``Control Techniques Guidelines for Paper, Film and Foil 
Coatings.''

(C) 326 IAC 8-2-6 Metal Furniture Coating Operations

    This rule has been revised to add more stringent coating limits by 
coating type for metal furniture coating facilities in which actual VOC 
emissions equal or exceed 15 pounds per day, before add-on controls. As 
an alternative to complying with low VOC coating limits, compliance can 
be achieved with a capture and control device that achieves an overall 
control efficiency of at least 90 percent or by using a combination of 
lower VOC coatings and add-on control that is equivalent to the low VOC 
coating limit. There are also application equipment standards, 
including the use of high volume low-pressure (HVLP) spray equipment 
and other application methods equivalent to or better than HVLP. Work 
practices must be implemented that minimize VOC emissions from mixing 
operations and storage tanks and handling operations for cleaning and 
coating related materials. These revisions are based on and consistent 
with EPA's 2007 ``Control Techniques Guidelines for Metal Furniture 
Coatings.''

(D) 326 IAC 8-2-7 Large Appliance Coating Operations

    This rule has been revised to add more stringent coating limits by 
coating type for large appliance coating facilities in which actual VOC 
emissions equal or exceed 15 pounds per day, before add-on controls. As 
an alternative to complying with low VOC coating limits, compliance can 
be achieved with a capture and control device that achieves an overall 
control efficiency of at least 90 percent or by using a combination of 
lower VOC coatings and add-on control that is equivalent to the low VOC 
coating limit. There are also application equipment standards, 
including the use of HVLP spray equipment and other application methods 
equivalent to or better than HVLP. Work practices must be implemented 
that minimize VOC emissions from mixing operations and storage tanks 
and handling operations for cleaning and coating related materials. 
These revisions are based on and consistent with EPA's 2007 ``Control 
Techniques Guidelines for Large Appliance Coatings.''

(E) 326 IAC 8-2-9 Miscellaneous Metal and Plastic Parts Coating 
Operation

    This rule has been revised to add VOC limits for a number of 
different miscellaneous metals and plastic parts coating limitations at 
facilities in which actual VOC emissions equal or exceed 15 pounds per 
day, before add-on controls, from all such coating operations. The 
categories covered include metal parts and products (not covered by 
another metal coating rule for a specific source category, e.g. can 
coating), plastic parts and products, automotive/transportation 
coatings, business machines, motor vehicle materials, and pleasure 
craft surface coating. As alternatives to complying with low VOC 
coating limits, compliance can be achieved with a capture and control 
device that achieves an overall control efficiency of at least 90 
percent or by using a combination of lower VOC coatings and add-on 
control that is equivalent to the low VOC coating limit. The two low-
VOC options also require the use of specific application methods, 
including the use of HVLP spray equipment and other application methods 
equivalent to or better than HVLP. Work practices must be implemented 
that minimize VOC emissions from mixing operations and storage tanks 
and handling operations for cleaning and coating related materials. 
These revisions are based on and consistent with EPA's 2008 ``Control 
Techniques Guidelines for Miscellaneous Metal and Plastic Parts 
Coatings.''

(F) 326 IAC 8-2-10 Flat Wood Panel

    This rule has been revised to add more stringent coating limits by 
coating type for flat wood panel manufacturing facilities in which 
actual VOC emissions equal or exceed 15 pounds per day, before add-on 
controls. As an alternative to complying with low VOC coating limits, 
compliance can be achieved with a capture and control device that 
achieves an overall control efficiency of at least 90 percent or by 
using a combination of lower VOC coatings and add-on control that is 
equivalent to the low VOC coating limit. Work practices must be 
implemented that minimize VOC emissions from mixing operations and 
storage tanks and handling operations for cleaning and coating related 
materials. These revisions are based on and consistent with EPA's 2006 
``Control Techniques Guidelines for Flat Wood Paneling Coatings.''

[[Page 53196]]

(G) 326 IAC 8-5-5 Flexible Package Printing

    IDEM's Graphic Arts rule has been revised to include work practices 
to minimize VOC emissions from cleaning operations from all sources in 
which the total VOC emissions from all flexible printing lines equal or 
exceed 15 pounds per day, before add-on controls. This rule has also 
been revised to include more stringent capture and control systems for 
flexible packaging printing presses at facilities with potential 
emissions of 25 tons or greater per year, prior to controls, from inks, 
coatings, and adhesives combined. The overall control requirements vary 
from 65 percent to 80 percent depending on the installation date of the 
press and by the first installation date of the add-on control device 
controlling the flexible packaging printing press. This rule is based 
on and consistent with EPA's 2006 ``Control Techniques Guidelines for 
Flexible Package Printing.''

(H) 326 IAC 8-16 Offset Lithographic Printing and Letterpress Printing

    This new rule applies to offset lithographic and letterpress 
printing operations that emit three tons or more of VOC per 12-month 
rolling average before controls. Those lithographic presses that exceed 
this cutoff must control the fountain solution by reducing the VOC 
content and alcohol content of the fountain solution. Also, both 
lithographic and letterpresses that exceed this cutoff must restrict 
the use of cleaning materials that exceed both a 70 percent VOC content 
and a VOC composite pressure vapor pressure of 10 millimeters of 
Mercury (mmHg). Individual heatset web offset lithographic printing 
presses and heatset web letterpresses with potential emissions from the 
dryer ink of 25 tons of VOC per year or greater must operate a control 
system that reduces emissions from each dryer by 90 percent or 95 
percent, if installed on or after January 1, 2010, or maintain a 
maximum VOC outlet concentration of 20 parts per million by volume. Any 
presses that are claimed to be exempt must keep records documenting 
that their emissions are below the applicability cutoffs. These 
revisions are based on and consistent with EPA's 2006 CTG ``Control 
Techniques Guidelines for Offset Lithographic Printing and Letterpress 
Printing.''

(I) 326 IAC 8-17 Industrial Solvent Cleaning Operations

    This new rule applies to sources that emit three tons of VOC (or 
more) per 12-month rolling average from all solvent cleaning 
operations. This rule limits the VOC content of specific solvent 
cleaning operations, including a general product cleaning limit of 0.42 
pounds per gallon. As an alternative to these VOC content limits, 
sources may use solvents for industrial cleaning operations that have a 
VOC composite partial vapor pressure at or below 8 mmHG. This rule also 
specifies the types of cleaning devices and methods that can be used, 
including wipe cleaning, the use of closed containers as well as 
nonatomized solvent flow. Atomizing any solvent is generally 
prohibited. Work practices are required to minimize VOC emissions from 
the use, handling, storage, and disposal of cleaning solvents and shop 
towels. This rule is based on and consistent with EPA's 2006 ``Control 
Techniques Guidelines for Industrial Cleaning Solvents.''

(J) 326 IAC 8-22 Miscellaneous Industrial Adhesives

    This new rule applies to sources that emit three tons of VOC (or 
more) per 12-month rolling average from all miscellaneous industrial 
adhesive application processes and related cleaning activities, before 
consideration of controls. This rule contains VOC content limits for 
adhesives and adhesive primers and specific limits based upon the 
substrate. Compliance with these adhesive and adhesive primer limits 
can also be achieved by the use of add-on control equipment if it 
achieves an overall capture and control efficiency of at least 85 
percent and if the add-on control equipment is continuously monitored. 
This rule also specifies work practices to minimize VOC emissions from 
mixing operations, storage tanks and handling operations for adhesives, 
adhesive primers and cleaning materials. Specific application methods, 
including the use of HVLP spray equipment and other application methods 
equivalent to or better than HVLP, are also required. There are also 
specific recordkeeping requirements for sources subject to the coating 
limits and add-on control requirements and for exempt sources. This 
rule is based on and consistent with EPA's 2008 ``Control Techniques 
Guidelines for Miscellaneous Industrial Adhesives.''

(K) 326 IAC 8-18 Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) Air Oxidation, Distillation, and Reactor Processes

    This new rule applies to (1) any vent stream originating from an 
air oxidation process unit that produces one or more of the chemicals 
listed in 40 CFR 60.617, which is a list of chemicals affected by the 
New Source Performance Standards (NSPS) for SOCMI Air Oxidation Unit 
Processes and (2) any vent stream originating from a reactor or 
distillation process unit that produces one or more of the chemicals 
listed in Appendix A of the 1993 CTG ``Control of VOC Emissions from 
Reactor Processes and Distillation Operations in (SOCMI).'' SOCMI 
refers to those facilities which produce organic compounds through 
industrial synthesis. The control measures in this rule largely involve 
the destruction of VOC emissions by combustion devices such as boilers, 
incinerators or flares. EPA has issued both NSPS and CTGs for the 
control of VOCs from SOCMI air oxidation, distillation and reactor 
operations. IDEM has incorporated portions of the NSPS SOCMI 
requirements into its rule because they reflect the requirements in the 
CTGs and are already in a regulatory framework. This rule is based on 
and consistent with the 1984 CTG ``Control of VOC Emissions from Air 
Oxidation Processes in Synthetic Organic Chemical Manufacturing 
Industry'' and the 1993 CTG ``Control of VOC Emissions from Reactor 
Processes and Distillation Operations in (SOCMI).''

(L) 326 IAC 8-19 Control of VOC Emissions From Process Vents in Batch 
Operations

    This new rule applies to process vents associated with batch 
operations at sources identified by specified standard industrial 
classification codes at sources that have the potential to emit greater 
than or equal to 100 tons per year of VOC from batch processing 
operations and any other non-CTG source category combined. Unit 
operations with uncontrolled total annual emissions of less than or 
equal to 500 pounds per year of VOCs and batch process trains 
containing process vents that have, in the aggregate, uncontrolled 
total annual emissions of less than 30,000 pounds per year of VOCs from 
all products manufactured in the batch process train are exempt from 
the control requirements in this rule. Any unit operations and batch 
process trains with an average flow rate (the lower the flow rate the 
lower the control cost) below the value calculated by the applicability 
equations in this rule must reduce uncontrolled VOC emissions from such 
unit operations and process trains by at least 90 percent or to 20 
parts per million volume. This rule is based on and consistent with the 
1994 ``Control of VOC Emissions from Batch Process Alternative Control 
Techniques (ACT)'' document.

[[Page 53197]]

(M) 326 IAC 8-20 Industrial Wastewater

    This new rule applies to sources that have potential VOC emissions 
greater than or equal to 100 tons per year from industrial wastewater 
operations and any other non-CTG source category without a final CTG, 
such as batch operations. The VOC emissions from industrial wastewater 
collection and treatment processes evaporate from the waste stream when 
exposed to the ambient air. Consequently, the VOC RACT requirements 
consist of implementing technologies and work practice standards that 
combine to substantially suppress the exposure of the VOC-laden waste 
stream to the ambient air. More specifically, the requirements include:
    (1) Oil-water separators must be provided with either a floating 
cover equipped with seals or a fixed cover, equipped with a closed vent 
system vented to a pollution control device;
    (2) All sewer lines must be completely enclosed so that no liquid 
surface is exposed to the air;
    (3) All process drains must be equipped with water seal controls or 
a cover or vented to a process or through a closed vent system to a 
control device; and
    (4) All junction boxes must be equipped with a tightly fitting 
solid cover or vented to a process or to a control device.
    This rule is based on and consistent with EPA's 1992 draft CTG 
``Control of VOC Emissions from Industrial Wastewater'' and EPA's 1994 
``Industrial Wastewater ACT.''

(N) 326 IAC 8-21 Aerospace Manufacturing and Rework Operations

    This new rule applies to coating application and cleaning at 
aerospace manufacturing and rework operations at sources that have the 
potential to emit 25 tons of VOC per year from all coating and cleaning 
operations combined. This rule consists primarily of aerospace coating 
limits for primers, topcoats, chemical milling maskants and for a 
number of specialty coatings, including adhesives and maskants. There 
are also application equipment standards, including the use of HVLP 
spray equipment and other application methods equivalent to or better 
than HVLP as well as solvent cleaning work practices. Air pollution 
control equipment with an overall capture and control efficiency of 81 
percent can be used as an alternative to the VOC content coating 
limits. This rule is based on and consistent with EPA's 1997 CTG 
``Control of VOC Emissions from Coating Operations at Aerospace 
Manufacturing and Rework Operations.''

(O) Negative Declaration for Fiberglass Boat Manufacturing Materials

    On May 26, 2009, Indiana submitted a Negative Declaration for 
Fiberglass Boat Manufacturing Materials. This source category is the 
subject of a 2008 CTG. IDEM has determined that there are no subject 
sources (i.e., that construct the molds or tools that are used to build 
the separate parts of fiberglass boats) from this source category in 
Lake and Porter Counties. In order to determine if any such sources 
were located within the two-county area, IDEM reviewed the following 
sources of information:
    (1) Indiana's inventory of sources in Lake and Porter Counties 
subject to the Boat Manufacturing National Emission Standards for 
Hazardous Air Pollutants.
    (2) The emission inventory database that identifies companies and 
emission units within the two county area.
    (3) Indiana's Computer Assisted Approval and Tracking System that 
identifies companies within Lake and Porter Counties that are 
registered in IDEM's permitting system.
    (4) The Harris Directory that provides Standard Industrial 
Classification information for Boat Building and Repairing.
    (5) Two business search engines, Websters Online and Manta.
    After reviewing all of the above sources of information, Indiana 
did not find any company that would be subject to the 2008 CTG 
``Control Technique Guidelines for Fiberglass Boat Manufacturing 
Materials.'' EPA agrees that IDEM did a thorough evaluation of whether 
there were any potentially subject sources and is proposing to approve 
the negative declaration for this source category.

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 7, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-24925 Filed 10-15-09; 8:45 am]
BILLING CODE 6560-50-P