[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Proposed Rules]
[Pages 13007-13011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04409]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0055; FRL-9785-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County Reasonably Available Control Technology 
Under the 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania for Allegheny 
County Health Department (ACHD). This SIP revision consists of a 
demonstration that Allegheny County's portion of the Pennsylvania 
requirements of reasonably available control technology (RACT) for 
nitrogen oxides (NOx) and volatile organic compounds (VOCs) satisfies 
the RACT requirements set forth by the Clean Air Act (CAA). This SIP 
revision demonstrates that all requirements for RACT are met either 
through Certification that previously adopted RACT controls in 
Allegheny County's SIP that were approved by EPA under the 1-hour ozone 
national ambient air quality standards (NAAQS) are based on the 
currently available technically and economically feasible controls, and 
continue to represent RACT for the 8-hour ozone NAAQS, a negative 
declaration demonstrating that no facilities exist in Allegheny County 
for certain control technology guideline (CTG) categories; and a new 
RACT determination for a specific source. This action is being taken 
under the CAA.

DATES: Written comments must be received on or before March 28, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0055 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2013-0055, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0055. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Allegheny County Health Department, Bureau of 
Environmental Quality, Division of Air Quality, 301 39th Street, 
Pittsburgh, Pennsylvania 15201. Copies are also available at 
Pennsylvania Department of Environmental Protection, Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Emlyn Velez-Rosa, (215) 814-2038, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Ozone is formed in the atmosphere by photochemical reactions 
between VOC, NOx, and carbon monoxide (CO) in the presence of sunlight. 
In order to reduce ozone concentrations in the ambient air, the CAA 
requires all nonattainment

[[Page 13008]]

areas to apply controls on VOC/NOx emission sources to achieve emission 
reductions.
    Since the 1970s, EPA has consistently interpreted RACT to mean the 
lowest emission limit that a particular source is capable of meeting by 
the application of the control technology that is reasonably available 
considering technological and economic feasibility. See 72 FR 20586, 
20610 (April 25, 2007). Section 182 of the CAA sets forth two separate 
RACT requirements for ozone nonattainment areas. The first requirement, 
contained in section 182(a)(2)(A) of the CAA, and referred to as RACT 
fix-up, requires the correction of RACT rules for which EPA identified 
deficiencies before the CAA was amended in 1990. The Pennsylvania RACT 
fix-up SIP submittal was approved with a conditional limited approval 
on March 23, 1998 (63 FR 13789) and later converted to a full approval 
on October 22, 2008 (73 FR 62891).
    The second requirement, set forth in section 182(b)(2) of the CAA, 
applies to moderate (or worse) ozone nonattainment areas and attainment 
areas in the ozone transport region (OTR) established pursuant to 
section 184 of the CAA. These areas are required to implement RACT 
controls on all major VOC and NOx emission sources and on all sources 
and source categories covered by a CTG issued by EPA. Allegheny County 
has adopted all CTGs and they are listed in Section II of this notice. 
Further details of Allegheny County's RACT requirements can be found in 
a Technical Support Document (TSD) prepared for this rulemaking and 
included in the docket at EPA-R03-OAR-2013-0055.
    Section 182(b)(2) of the CAA required Allegheny County to implement 
RACT on all sources and source categories covered by a CTG issued by 
EPA. Stationary sources with the potential to emit 50 tons per year or 
more of VOCs or 100 tons per year or more of NOx that were not covered 
by a CTG were also required to implement RACT.
    The ozone transport region (OTR) is established by section 184 of 
the CAA. Areas in the OTR are subject to OTR-specific RACT 
requirements. Section 184(b)(1)(B) of the CAA requires the 
implementation of RACT with respect to all sources of VOC covered by a 
CTG. Additionally, section 184(b)(2) of the CAA requires the 
implementation of major stationary source requirements as if the area 
was a moderate nonattainment area on any stationary source with a 
potential to emit at least 50 tons per year of VOC or 100 tons per year 
of NOx. Because Allegheny County is in Pennsylvania which is in the 
OTR, Allegheny County must comply with section 184(b)(1)(B) and (2) of 
the CAA.
    EPA requires for the 8-hour ozone NAAQS that states meet the CAA 
RACT requirements, either through a certification that previously 
adopted RACT controls in their SIP approved by EPA under the 1-hour 
ozone NAAQS represent adequate RACT control levels for 8-hour ozone 
NAAQS attainment purposes or through the establishment of new or more 
stringent requirements that represent RACT control levels. See 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 (Phase 2 Rule), 70 FR 
71612, 71655 (November 29, 2005). Sections 172(c)(1) and 182(b)(2) of 
the CAA require that all SIPs satisfy the NOx and VOCs RACT 
requirements that apply in areas that have not attained the NAAQS for 
ozone. See 42 U.S.C. 7502(c)(1), 7511a(b)(2), and 7511a(f). EPA has 
determined that states that have RACT provisions approved in their SIPs 
for 1-hour ozone nonattainment areas have several options for 
fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a state 
meets certain conditions, it may certify that previously adopted 1-hour 
ozone RACT controls in the SIP continue to represent RACT control 
levels for purposes of fulfilling 8-hour ozone RACT requirements. 
Alternatively, a state may establish new or more stringent requirements 
that represent RACT control levels, either in lieu of or in conjunction 
with a certification.
    As set forth in the preamble to the Phase 2 Rule, a certification 
must be accompanied by appropriate supporting information such as 
consideration of information received during the public comment period 
and consideration of new data (70 FR 71612, 71655). This information 
may supplement existing RACT guidance documents that were developed for 
the 1-hour ozone standard, such that the state's SIP accurately 
reflects RACT for the 8-hour ozone standard based on the current 
availability of technically and economically feasible controls. 
Establishment of new RACT requirements will occur when states have new 
stationary sources not covered by existing RACT regulations, or when 
new data or technical information indicates that a previously adopted 
RACT measure does not represent a newly available RACT control level. 
Another 8-hour ozone NAAQS requirement for RACT is to submit a negative 
declaration if there are no CTG sources or major sources of VOC and NOx 
emissions in lieu of or in addition to a certification.

II. Summary of the SIP Revision

    On May 5, 2009, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a revision on behalf of ACHD for its SIP 
that addresses the requirements of RACT under the 8-hour ozone NAAQS 
set forth by the CAA. Allegheny County's SIP revision is consistent 
with the process in the Phase 2 Rule preamble and satisfies the 
requirements of RACT set forth by the CAA under the 8-hour ozone NAAQS 
through: (1) Certification that previously adopted RACT controls in 
Allegheny County's SIP, which were approved by EPA under the 1-hour 
ozone NAAQS, are based on the currently available, technically and 
economically feasible controls and continue to represent RACT for the 
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no 
facilities exist in Allegheny County for the applicable CTG categories; 
and (3) a new RACT determination for a single source based upon 
reliance on the Maximum Achievable Control Technology (MACT) standard 
as allowed in the Phase 2 Rule.

A. VOC CTG RACT Controls

    Allegheny County's Regulations, codified at Article XXI, contain 
the County's CTG VOC RACT controls that were implemented and approved 
in the Allegheny County SIP under the 1-hour ozone NAAQS. Table 1 lists 
Allegheny County's VOC RACT controls for which Allegheny County has 
provided the required evaluation and is certifying as meeting the 8-
hour ozone NAAQS RACT requirements. Revisions to Article XXI section 
2105.10 for surface coating processes and related definitions found in 
Article XXI section 2101.20 were made after this May 5, 2009 SIP 
submittal and approved by EPA into the Pennsylvania SIP on December 28, 
2010 (75 FR 81480) and supersede the May 5, 2009 submittal. EPA 
approved new regulations in the December 28, 2010 rulemaking action 
including emission limits for Large Appliance and Metal Surface 
Coatings, Article XXI section 2105.77 and emission limits for Paper, 
Film, and Foil Surface Coatings, Article XXI section 2105.79. Allegheny 
County also incorporated by reference Pennsylvania's Consumer Products 
Rule that amended Article XXI section 2105.88, which was finalized by 
EPA on

[[Page 13009]]

November 29, 2012 (77 FR 71115) and supersedes the May 5, 2009 
submittal. In this proposal EPA is not taking action on those CTG Rules 
below that have been revised and approved by EPA after the May 5, 2009 
submittal.

                                Table 1--Allegheny County's CTG VOC RACT Controls
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                                                     Existing stationary sources--40 CFR 52.2020(C)
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                                                                                      Federal
          Article XXI Section                                          State       Register date
                                           CTG for RACT basis     effective date      for SIP        Citation
                                                                                     approval
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2105.10 VOC Sources Surface Coating     Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
 Processes.                              Organic Emissions from         07/10/03      06/24/2005     70 FR 36511
                                         Existing Stationary
                                         Sources, Volume II:
                                         Surface Coating of
                                         Cans, Coils, Paper,
                                         Fabrics, Automobiles,
                                         and Light-Duty Trucks.
                                        Control of Volatile
                                         Organic Emissions from
                                         Existing Stationary
                                         Sources, Volume III:
                                         Surface Coating of
                                         Metal Furniture.
                                        Control of Volatile
                                         Organic Emissions from
                                         Existing Stationary
                                         Sources, Volume IV:
                                         Surface Coating for
                                         Insulation of Magnet
                                         Wire.
                                        Control of Volatile
                                         Organic Emissions from
                                         Existing Stationary
                                         Sources, Volume V:
                                         Surface Coating of
                                         Large Appliances.
                                        Control of Volatile
                                         Organic Emissions from
                                         Existing Stationary
                                         Sources, Volume VI:
                                         Surface Coating of
                                         Miscellaneous Metal
                                         Parts and Products.
2105.11 VOC Sources Graphic Arts        Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
 Systems.                                Organic Emissions from
                                         Existing Stationary
                                         Sources, Volume VIII:
                                         Graphic Arts--
                                         Rotogravure and
                                         Flexography.
2105.12 VOC Sources VOC Storage Tanks.  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
                                         Organic Emissions from
                                         Petroleum Liquid
                                         Storage in External
                                         Floating Roof Tanks.
2105.13 Gasoline Loading Facilities...  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
                                         Organic Emissions from
                                         Bulk Gasoline Plants.
                                        Design Criteria for
                                         Stage I Vapor Control
                                         Systems--Gasoline
                                         Service Stations.
2105.15 Degreasing Operations.........  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
                                         Organic Emissions from
                                         Solvent Metal Cleaning.
2105.16 Cutback Asphalt Paving........  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
                                         Organic Compounds from
                                         Use of Cutback Asphalt.
2105.17 Ethylene Production Facilities  ........................      10/20/1995      11/14/2002     67 FR 68935
2105.19 Synthetic Organic Chemical and  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
 Polymer Manufacturing--Fugitive         Organic Compound
 Emissions.                              Fugitive Emissions from
                                         Synthetic Organic
                                         Chemical Polymer and
                                         Resin Manufacturing
                                         Equipment.
2105.70 Petroleum Refineries..........  ........................      10/20/1995      11/14/2002     67 FR 68935
2105.71 Pharmaceutical Products.......  Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
                                         Organic Emissions from
                                         Manufacture of
                                         Synthesized
                                         Pharmaceutical Products.
2105.72 Manufacture of Pneumatic        Control of Volatile           10/20/1995      11/14/2002     67 FR 68935
 Rubber Tires.                           Organic Emissions from
                                         Manufacture of
                                         Pneumatic Rubber Tires.
2105.74 Aerospace Manufacturing and     Aerospace...............      07/10/2003      06/24/2005     70 FR 36511
 Rework.
2105.75 Mobile Equipment Repair and     ACT: Automobile Body          07/10/2003      06/24/2005     70 FR 36511
 Refinishing.                            refinishing.
2105.76 Wood Furniture Manufacturing    Wood Furniture..........      07/10/2003      06/24/2005     70 FR 36511
 Operations.
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    ACHD also submitted a negative declaration certifying that the 
following VOC CTG sources listed in table 2 do not exist in Allegheny 
County, and therefore ACHD does not need to adopt CTGs for these 
sources. Table 2 lists VOC CTG sources in Allegheny County's negative 
declaration.

  Table 2--VOC CTG Sources for Which No Applicable Facilities Exist in
                            Allegheny County
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Control of Volatile Organic Compound Emissions From Large Petroleum Dry
 Cleaners.
Control of Volatile Organic Emissions From Existing Stationary Sources,
 Volume II: Factory Surface Coating of Flat Wood Paneling.
Control of Volatile Organic Compound Equipment Leaks From Natural Gas/
 Gasoline Processing Plants.
Control of Volatile Organic Compound Emissions From Air Oxidation
 Processes in Synthetic Organic Chemical Manufacturing Industry.
Control of Volatile Organic Compound Emissions From Reactor Processes
 and Distillation Operations Processes in the Synthetic Organic Chemical
 Manufacturing Industry.
Control Techniques Guidelines for Shipbuilding and Ship Repair
 Operations.
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[[Page 13010]]

B. Source-Specific RACT Controls

    Table 3 lists Allegheny County's source-specific RACT controls, 
which were implemented and approved into the SIP under the 1-hour ozone 
NAAQS, for which Allegheny County is certifying as meeting the 8-hr 
ozone NAAQS RACT requirements for VOC and/or NOX. EPA 
approved into the Pennsylvania SIP new NOX emission control 
regulation for Glass Melting Furnaces in Allegheny County on November 
29, 2012 (77 FR 71117) which regulation supersedes the source-specific 
RACT determinations submitted in the May 5, 2009 submittal for sources 
where Article XXI, section 2105.101 is applicable. Allegheny County 
submitted a revision on January 25, 2012 removing all references to the 
cap and trade programs, NOX SIP Call or Clean Air Interstate 
Rule (CAIR) because it certified that those electrical generating units 
(EGUs) subject to such programs have source-specific RACT controls that 
do not rely on the trading programs and because the U.S. Court of 
Appeals for the District of Columbia Circuit ruled in the National 
Resources Defense Council v. EPA, 571 F.3d 1245, 1256 (July 10, 2009), 
that ``regionwide RACT-level reductions in emissions do not meet the 
statutory requirement that the reductions be from sources in the 
nonattainment area.''

                                     Table 3--Source-Specific RACT Controls
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                                       State                                  Federal
          Facility name           effective date         Pollutant         Register date         Citation
----------------------------------------------------------------------------------------------------------------
Allegheny Ludlum Corporation....      12/19/1996  NOX/VOC...............      10/18/2001  66 FR 52857.
Ashland Specialty Chemical Co...      12/30/1996  NOX/VOC...............      10/16/2001  66 FR 52506.
Bay Valley Foods................      06/09/2005  NOX...................      05/11/2006  71 FR 27394.
Bellefield Boiler Plant.........      12/19/1996  NOX...................      10/12/2001  66 FR 52044.
Eastman Chemical Resins, Inc....      11/01/1999  NOX/VOC...............      10/16/2001  66 FR 52506.
GE Lighting LLC.................      12/19/1996  NOX...................      10/16/2001  66 FR 52527.
Guardian Industries Corp........      08/27/1996  NOX...................      10/16/2001  66 FR 52527.
Koppers Industries, Inc.........      08/27/1996  VOC...................      10/17/2001  66 FR 52700.
Neville Chemical Co.............      12/13/1996  NOX/VOC...............      10/16/2001  66 FR 52506.
NRG Energy Center...............      06/09/2005  NOX...................      05/11/2006  71 FR 27394.
Orion Power Brunot Island.......      08/27/1996  NOX/VOC...............      10/15/2001  66 FR 52327.
Orion Power Cheswick............      03/08/1996  NOX...................      10/18/2001  66 FR 52867.
PACT--Pennsylvania Allegheny          03/04/1996  NOX...................      10/12/2001  66 FR 52044.
 County Thermal.
Port Glenshaw Glass, LLC........      03/10/2000  NOX/VOC...............      10/16/2001  66 FR 52527.
PPG Industries, Inc Springdale..      12/19/1996  VOC...................      10/12/2001  66 FR 52050.
Pressure Chemical Company.......      06/11/1997  VOC...................      10/17/2001  66 FR 52700.
Shenango Inc....................      12/30/1996  NOX/VOC...............      10/16/2001  66 FR 52511.
US Steel Clairton...............      12/30/1996  NOX/VOC...............      10/16/2001  66 FR 52511.
US Steel Edgar Thomas...........      12/30/1996  NOX/VOC...............      10/16/2001  66 FR 52511.
US Steel Irvin..................      12/30/1996  NOX/VOC...............      10/16/2001  66 FR 52511.
----------------------------------------------------------------------------------------------------------------

    Finally, the Laurel Mountain Whirlpool facility did not have a 1-
hour ozone NAAQS RACT determination, but is subject to the MACT 
standards of 40 CFR 63 subpart WWWW, which has been determined 
sufficient for VOC 8-hour ozone NAAQS RACT in accordance with the Phase 
2 Rule. Further details of ACHD's RACT re-evaluations can be found in 
the TSD prepared for this rulemaking.

III. Proposed Action

    EPA is proposing to approve the ACHD SIP revision that addresses 
the requirements of RACT under the 8-hour ozone NAAQS, which was 
submitted on May 5, 2009. This SIP revision includes a combination of: 
(1) Certifications that previously adopted RACT controls in 
Pennsylvania's SIP which were approved by EPA under the 1-hour ozone 
NAAQS are based on the currently available, technically and 
economically feasible controls and continue to represent RACT for the 
8-hour ozone NAAQS; (2) a negative declaration demonstrating that no 
facilities exist in Allegheny County for the applicable CTG categories; 
and (3) a new RACT determination for a single source. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using

[[Page 13011]]

practicable and legally permissible methods, under Executive Order 
12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the Allegheny County RACT 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: February 14, 2013.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2013-04409 Filed 2-25-13; 8:45 am]
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