[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42076-42079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0113; FRL-9929-82-Region 4]


Approval and Promulgation of Implementation Plans; Georgia; 
Removal of Stage II Gasoline Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Georgia State Implementation Plan (SIP) 
submitted by the State of Georgia, through the Georgia Environmental 
Protection Division (GA EPD), on January 22, 2015, to remove Stage II 
vapor control requirements for new and upgraded gasoline dispensing 
facilities in the State and to allow for the decommissioning of 
existing Stage II equipment. EPA has preliminarily determined that 
Georgia's January 22, 2015, SIP revision is approvable because it is 
consistent with the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before August 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0113, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0113'' Air Regulatory Management 
Section (formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the Air Planning Branch), Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's 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-R04-OAR-
2015-0113. 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 through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    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 at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are

[[Page 42077]]

Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Sheckler's phone number is (404) 562-9222. She can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

 I. Background for Atlanta's Air Quality Status Related to the 1-Hour 
Ozone NAAQS

    On November 6, 1991, EPA designated and classified the following 
counties in and around the Atlanta, Georgia, metropolitan area as a 
serious ozone nonattainment area for the 1-hour ozone NAAQS 
(hereinafter referred to as the ``Atlanta 1-Hour Ozone Area'' or 
``Area''): Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale.\1\ See 56 FR 
56694. The nonattainment designation was based on the Atlanta 1-Hour 
Ozone Area's design value for the 1987-1989 three-year period. The 
``serious'' classification triggered various statutory requirements for 
the Atlanta 1-Hour Ozone Area, including the requirement pursuant to 
section 182(b)(3) of the CAA for the Area to require all owners and 
operators of gasoline dispensing systems to install and operate a 
system for gasoline vapor recovery of emissions from the fueling of 
motor vehicles known as ``Stage II.'' \2\ EPA redesignated the Atlanta 
1-Hour Ozone Area to attainment for the 1-hour ozone NAAQS, effective 
June 14, 2005.3 4 See 70 FR 34660 (June 15, 2005).
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    \1\ On September 26, 2003 (effective January 1, 2004), the 
Atlanta 1-Hour Ozone Area was reclassified to ``severe'' for the 1-
hour ozone NAAQS because the Area failed to attain the 1-hour ozone 
NAAQS by its attainment date of November 15, 1999. See 68 FR 55469.
    \2\ Stage II is a system designed to capture displaced vapors 
that emerge from inside a vehicle's fuel tank, when gasoline is 
dispensed into the tank. There are two basic types of Stage II 
systems, the balance type and the vacuum assist type.
    \3\ On April 30, 2004, EPA designated the following 20 counties 
in and around metropolitan Atlanta as a marginal ozone nonattainment 
area for the 1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll, 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, 
and Walton. See 69 FR 23858. Subsequently, EPA reclassified these 
counties as a moderate ozone nonattainment area on March 6, 2008, 
because the area failed to attain the 1997 8-hour ozone NAAQS by the 
required attainment date of June 15, 2007. See 73 FR 12013. 
Subsequently, the area attained the 1997 8-hour ozone standard, and 
on December 2, 2013, EPA redesignated the counties to attainment for 
the 1997 8-hour ozone NAAQS. See 78 FR 72040.
    \4\ On May 21, 2012, EPA published a final rule designating the 
following 15 counties in and around metropolitan Atlanta as a 
marginal ozone nonattainment area for the 2008 8-hour ozone NAAQS: 
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale. 
See 77 FR 30088.
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II. Background for Federal Stage II Requirements

    Under section 182(b)(3) of the CAA, each state was required to 
submit a SIP revision to implement Stage II for all ozone nonattainment 
areas classified as moderate, serious, severe, or extreme, primarily 
for the control of volatile organic compounds (VOC)--a precursor to 
ozone formation.\5\ However, section 202(a)(6) of the CAA states that 
the section 182(b)(3) Stage II requirements for moderate ozone 
nonattainment areas shall not apply after the promulgation of on-board 
vapor recovery (ORVR) standards.\6\ ORVR standards were promulgated by 
EPA on April 6, 1994. See 59 FR 16262 and 40 CFR parts 86 (including 
sections 86.098-8), 88 and 600. As a result, the CAA no longer requires 
moderate areas to impose Stage II controls under section 182(b)(3), and 
such areas were able to submit SIP revisions, in compliance with 
section 110(l) of the CAA, to remove Stage II requirements from their 
SIPs. EPA's policy memoranda related to ORVR, dated March 9, 1993, and 
June 23, 1993, provide further guidance on removing Stage II 
requirements from certain areas. The policy memorandum dated March 9, 
1993, states that ``[w]hen onboard rules are promulgated, a State may 
withdraw its Stage II rules for moderate areas from the SIP (or from 
consideration as a SIP revisions) consistent with its obligations under 
sections 182(b)(3) and 202(a)(6), so long as withdrawal will not 
interfere with any other applicable requirement of the Act.'' \7\
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    \5\ Section 183(b)(3) states that all ozone nonattainment areas 
classified as moderate or above submit a SIP revision requiring 
owners or operators of gasoline dispensing systems to install and 
operate vapor recovery equipment at their facilities. Specifically, 
the CAA specifies that the Stage II must apply to any facility that 
dispenses more than 10,000 gallons of gasoline per month or, in the 
case of an independent small business marketer (ISBM), any facility 
that dispenses more than 50,000 gallons of gasoline per month. 
Section 324 of the CAA defines an ISBM. Additionally, the CAA 
specified the deadlines by which certain facilities must comply with 
the Stage II requirements. For facilities that are not owned or 
operated by an ISBM, these deadlines, calculated from the time of 
State adoption of the Stage II requirements, are: (1) 6 Months for 
facilities for which construction began after November 15, 1990, (2) 
1 year for facilities that dispense greater than 100,000 gallons of 
gasoline per month, and (3) by November 15, 1994, for all other 
facilities. For ISBM's, section 324(a) of the CAA provides the 
following three-year phase-in period: (1) 33 Percent of the 
facilities owned by an ISBM by the end of the first year after the 
regulations take effect; (2) 66 percent of such facilities by the 
end of the second year; and (3) 100 percent of such facilities after 
the third year.
    \6\ ORVR is a system employed on gasoline-powered highway motor 
vehicles to capture gasoline vapors displaced from a vehicle fuel 
tank during refueling events. These systems are required under 
section 202(a)(6) of the CAA and implementation of these 
requirements began in the 1998 model year. Currently they are now 
used on all gasoline-powered passenger cars, light trucks and 
complete heavy trucks of less than 14,000 pounds GVWR. ORVR systems 
typically employ a liquid file neck seal to block vapor escape to 
the atmosphere and otherwise share many components with the 
vehicles' evaporative emission control system including the onboard 
diagnostic system sensors.
    \7\ Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, to EPA Regional Air Directors, 
Impact of the Recent Onboard Decision on Stage II Requirements in 
Moderate Areas (March 9, 1993), available at: http://www.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19930309_seitz_onboard_impact_stage2_.pdf.
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    CAA section 202(a)(6) also provides discretionary authority to the 
EPA Administrator to, by rule, revise or waive the section 182(b)(3) 
Stage II requirement for serious, severe, and extreme ozone 
nonattainment areas after the Administrator determines that ORVR is in 
widespread use throughout the motor vehicle fleet. On May 16, 2012, in 
a rulemaking entitled ``Air Quality: Widespread Use for Onboard 
Refueling Vapor Recovery and Stage II Waiver,'' EPA determined that 
ORVR technology is in widespread use throughout the motor vehicle fleet 
for purposes of controlling motor vehicle refueling emissions. See 77 
FR 28772. By that action, EPA waived the requirement for states to 
implement Stage II gasoline vapor recovery systems at gasoline 
dispensing facilities in nonattainment areas classified as serious and 
above for the ozone NAAQS. Effective May 16, 2012, states implementing 
mandatory Stage II programs under section 182(b)(3) of the CAA were 
allowed to submit SIP revisions to remove this program. See 40 CFR 
51.126(b).\8\ On April 7, 2012, EPA released the guidance entitled 
``Guidance on Removing Stage II Gasoline Vapor Control Programs from 
State Implementation Plans and

[[Page 42078]]

Assessing Comparable Measures'' for states to consider in preparing 
their SIP revisions to remove existing Stage II programs from state 
implementation plans.\9\
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    \8\ Under CAA section 202(a)(6), EPA found that ORVR systems are 
in widespread use in the motor vehicle fleet and waived the CAA 
section 182(b)(3) Stage II vapor recovery requirement for serious 
and higher ozone nonattainment areas on May 16, 2012 (77 FR 28772). 
Thus, in its implementation rule for the 2008 ozone NAAQS, EPA 
removed the section 182(b)(3) Stage II requirement from the list of 
applicable requirements in 40 CFR 51.1100(o). See 80 FR 12264 (March 
6, 2015) for additional information.
    \9\ This guidance document is available at: http://www.epa.gov/groundlevelozone/pdfs/20120807guidance.pdf.
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III. Background for Georgia's Stage II Requirements for Atlanta

    On November 13, 1992, the State of Georgia submitted a SIP revision 
to address the Stage II requirements for the Atlanta 1-Hour Ozone Area. 
EPA approved that SIP revision, containing Georgia's Stage II rule 
(Georgia Rule 391-3-1-.02(2)(zz)--Gasoline Dispensing Facilities-Stage 
II) in a notice published on February 2, 1996. See 61 FR 3819. 
Georgia's Stage II rule, as currently incorporated into the SIP, 
requires that Stage II systems be tested and certified to meet a 95 
percent emission reduction efficiency by using a system approved by the 
California Air Resources Board (CARB). The rule requires sources to 
verify proper installation and function of Stage II equipment through 
use of a liquid blockage test and a leak test prior to system operation 
and every five years or upon major modification of a facility (i.e., 75 
percent or more equipment change). The State also established an 
inspection program consistent with that described in EPA's Stage II 
guidance and has established procedures for enforcing violations of the 
Stage II requirements.

IV. Analysis of the State's Submittal

    On January 22, 2015, Georgia submitted a SIP revision to EPA with a 
request to modify its Stage II rule, Georgia Rule 391-3-1-.02(2)(zz)--
Gasoline Dispensing Facilities-Stage II, in the State's implementation 
plan. These modifications would remove Stage II vapor control 
requirements for new and upgraded gasoline dispensing facilities in the 
State and allow for the decommissioning of existing Stage II equipment. 
EPA's primary consideration for determining the approvability of 
Georgia's request is whether this requested action complies with 
section 110(l) of the CAA.\10\
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    \10\ CAA section 193 is not relevant because Georgia's Stage II 
rule was not included in the SIP before the 1990 CAA amendments.
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    Section 110(l) requires that a revision to the SIP not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 171), or any other applicable 
requirement of the Act. EPA evaluates each section 110(l) 
noninterference demonstration on a case-by-case basis considering the 
circumstances of each SIP revision. EPA interprets 110(l) as applying 
to all NAAQS that are in effect, including those that have been 
promulgated but for which the EPA has not yet made designations. The 
degree of analysis focused on any particular NAAQS in a noninterference 
demonstration varies depending on the nature of the emissions 
associated with the proposed SIP revision. EPA's analysis of Georgia's 
January 22, 2015, SIP revision pursuant to section 110(l) is provided 
below.
    In its January 22, 2015, SIP revision, GA EPD used EPA's guidance 
entitled ``Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures,'' to conduct a series of calculations to determine the 
potential impact of removing the Stage II program on air quality.\11\ 
GA EPD's analysis focused on VOC emissions because, as mentioned above, 
Stage II requirements affect VOC emissions and because VOCs are a 
precursor for ozone formation.\12\ The results of GA EPD's analysis is 
provided in the table below.
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    \11\ EPA, Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, EPA-457/B-12-001 (Aug. 7, 2012), available at: http://www.epa.gov/groundlevelozone/pdfs/20120807guidance.pdf. This 
guidance document notes that ``the potential emission control losses 
from removing Stage II VRS are transitional and relatively small. 
ORVR-equipped vehicles will continue to phase in to the fleet over 
the coming years and will exceed 80 percent of all highway gasoline 
vehicles and 85 percent of all gasoline dispensed during 2015. As 
the number of these ORVR-equipped vehicles increase, the control 
attributed to Stage II VRS will decrease even further, and the 
potential foregone Stage II VOC emission reductions are generally 
expected to be no more than one percent of the VOC inventory in the 
area.''
    \12\ Several counties in and around metropolitan Atlanta are 
currently designated nonattainment for the 1997 Annual fine 
particulate matter (PM2.5) standard. While VOC is one of 
the precursors for particulate matter (NAAQS) formation, studies 
have indicated that, in the southeast, emissions of direct 
PM2.5 and the precursor sulfur oxides are more 
significant to ambient summertime PM2.5 concentrations 
than emissions of nitrogen oxides and anthropogenic VOC. See, e.g., 
Journal of Environmental Engineering--Quantifying the sources of 
ozone, fine particulate matter, and regional haze in the 
Southeastern United States (June 24, 2009), available at: http://www.journals.elsevier.com/journal-ofenvironmental-management. 
Currently, counties in and around metropolitan Atlanta are not 
designated nonattainment for any of the other criteria pollutants 
(i.e., sulfur dioxide, nitrogen dioxide, lead or carbon monoxide) 
and those pollutants are not affected by the removal of Stage II 
requirements.

    Table--VOC Emissions Difference Between Stage II VRS in Place and
                                 Removed
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                                                           VOC emissions
                          Year                            (tons per day)
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2008....................................................             N/A
2012....................................................             N/A
2013....................................................             N/A
2014....................................................           +0.92
2015....................................................           +0.37
2016....................................................          -0.085
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    In summary, GA EPD compared the VOC emissions with the continued 
implementation of the Stage II program and to the VOC emissions with 
only ORVR controls in place. GA EPD's analysis estimated that during 
the phase-out of Stage II there would be a small increase of 0.92 tpd 
in 2014, however, the emissions increase would be less (at 0.37 tpd) in 
2015. For 2016, GA EPD calculated that there would be an emissions 
disbenefit of 0.085 tpd due to the incompatibility of Stage II and ORVR 
systems (i.e., leaving Stage II in place would result in a VOC 
emissions increase due to its incompatibility with ORVR).\13\
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    \13\ Compatibility problems can result in an increase in 
emissions from the underground storage tank (UST) vent pipe and 
other system fugitive emissions related to the refueling of ORVR 
vehicles with some types of vacuum assist-type Stage II systems. 
This occurs during refueling an ORVR vehicle when the vacuum assist 
system draws fresh air into the UST rather than an air vapor mixture 
from the vehicle fuel tank. Vapor flow from the vehicle fuel tank is 
blocked by the liquid seal in the fill pipe which forms at a level 
deeper in the fill pipe than can be reached by the end of the nozzle 
spout. The fresh air drawn into the UST enhances gasoline 
evaporation in the UST which increases pressure in the UST. Unless 
it is lost as a fugitive emission, any tank pressure in excess of 
the rating of the pressure/vacuum valve is vented to the atmosphere 
over the course of a day. Due to the increased use of ORVR, a 
disbenefit will exist until Stage II is removed in the Atlanta Area.
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    Although GA EPD anticipates a temporary increase of 0.37 tpd in VOC 
emissions in 2015, the State provided a technical analysis, including 
sensitivity modeling, to demonstrate that the Atlanta metropolitan area 
is NOX-limited with regard to ozone formation. If an area is 
NOX-limited, changes to VOC emissions have little effect on 
ozone formation. In EPA's guidance entitled ``Guidance on Removing 
Stage II Gasoline Vapor Control Programs from State Implementation 
Plans and Assessing Comparable Measures,'' EPA addresses situations 
where emissions increase do not interfere with attainment. EPA 
specifically acknowledges that there may be areas where ozone formation 
is limited by the availability of NOX emissions, and that a 
small (and ever-declining) increase in

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VOC emissions may have little or no effect on future ozone levels.
    EPA has reviewed GA EPD's January 22, 2015, SIP revision to remove 
Stage II requirements for the Area, and is proposing to determine that 
the associated technical analysis is consistent with EPA's guidance on 
removing Stage II requirements from a SIP. EPA is also making the 
preliminary determination that GA EPD's SIP revision is consistent with 
the CAA and with EPA's regulations related to removal of Stage II 
requirements from the SIP.

V. Proposed Action

    EPA is proposing to approve Georgia's January 22, 2015, SIP 
revision that changes Georgia's Stage II rule, 391-3-1-.02(2)(zz), to 
allow for the removal of the Stage II requirement and the orderly 
decommissioning of Stage II equipment. EPA is proposing this approval 
because the Agency has made the preliminarily determination that 
Georgia's January 22, 2015, SIP revision related to the State's Stage 
II rule is consistent with the CAA and with EPA's regulations and 
guidance.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 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 
proposed 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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: June 18, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-16076 Filed 7-15-15; 8:45 am]
 BILLING CODE 6560-50-P