[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Proposed Rules]
[Pages 52710-52714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21543]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0289; FRL 9933-19-Region 9]
Revisions to the California State Implementation Plan, Imperial
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Imperial County Air Pollution Control
District (ICAPCD or the District) portion of the California State
Implementation Plan (SIP). We propose to approve the following SIP
demonstration from ICAPCD: Final 2009 Reasonably Available Control
Technology State Implementation Plan, July 13, 2010. This demonstration
addresses the 1997 8-hour National Ambient Air Quality Standards
(NAAQS) for ozone. This submitted SIP revision contains ICAPCD's
negative declarations for volatile organic compound (VOC) source
categories. We propose to approve the submitted reasonably available
control technology (RACT) SIP revision under the Clean Air Act (CAA or
the Act). We are taking comments on this proposal and plan to follow
with a final action.
DATES: Any comments must arrive by October 1, 2015.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0289, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and the EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send email directly to the EPA, your
email address will be automatically captured and included as part of
the public comment. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213)
244-1810, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
[[Page 52711]]
A. What document did the State submit?
B. Are there other versions of this document?
C. What is the purpose of the RACT SIP submission?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the RACT SIP submission?
B. Does the RACT SIP submission meet the evaluation criteria?
C. EPA recommendations to further improve the RACT SIP
D. Public comment and final action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What document did the State submit?
Table 1 includes the document addressed by this action with the
date that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Document
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Local agency Document Adopted Submitted
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ICAPCD.................................... Final 2009 Reasonably Available 7/13/10 12/21/10
Control Technology State
Implementation Plan (``2009 RACT
SIP'').
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On June 21, 2011, the RACT SIP submittal for ICAPCD was deemed by
operation of law to meet the completeness criteria in 40 CFR part 51,
appendix V, which must be met before formal EPA review.
B. Are there other versions of this document?
There is no previous version of ICAPCD's 2009 RACT SIP.
C. What is the purpose of the RACT SIP submission?
VOCs and nitrogen oxides (NOX) help produce ground-level
ozone and smog, which harm human health and the environment. Section
110(a) of the CAA requires States to submit regulations that control
VOC and NOX emissions. Sections 182(b)(2) and (f) require
that SIPs for ozone areas classified as moderate or above require
implementation of RACT for any source covered by an EPA Control
Technique Guideline (CTG) document and any major stationary source of
VOCs or NOX. ICAPCD is subject to this requirement as the
District is designated and classified as a moderate nonattainment area
for the 1997 8-hour NAAQS for ozone (see 40 CFR 81.305). Therefore,
ICAPCD must, at a minimum, adopt RACT-level controls for all sources
covered by a CTG document and for all major non-CTG stationary sources
of VOCs or NOX. The District adopted its 2009 RACT SIP
revision on July 13, 2010. ICAPCD received no comments on its RACT SIP
demonstration.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the RACT SIP submission?
With the implementation of the 1997 8-hour NAAQS for ozone, ICAPCD
was classified as a marginal nonattainment area (69 FR 23858, April 30,
2004). Subsequently, the EPA found that Imperial County did not meet
attainment by the deadline of June 15, 2007, and reclassified it as a
moderate nonattainment area with an attainment deadline of June 15,
2010 (see 73 FR 8209, February 13, 2008). On December 3, 2009, the EPA
issued a final ruling (74 FR 63309) determining that Imperial County
attained the 1997 8-hour NAAQS based on ambient air monitoring data for
the years 2006 through 2008. Although the finding of attainment by the
EPA suspended certain SIP related requirements, it did not suspend the
RACT requirements for VOCs and NOX. Pursuant to 40 CFR
51.912(a)(1), the State (or local air district) must submit a SIP
revision that meets the VOC and NOX RACT requirements in CAA
section 182(b)(2) and (f) for each area subject to subpart 2 and
classified moderate or higher. Therefore, ICAPCD must, at a minimum,
adopt RACT-level controls for sources covered by a CTG document and for
any major stationary source of VOCs or NOX.\1\ Any
stationary source that emits or has a potential to emit at least 100
tons per year (tpy) of VOCs or NOX in a moderate
nonattainment area is considered a major stationary source (see CAA
sections 182(b)(2) and (f) and 302(j)). Where there are no existing
sources covered by a particular CTG document or no major stationary
sources of VOCs or NOX, states may, in lieu of adopting RACT
requirements, adopt negative declarations certifying that there are no
such sources in the relevant nonattainment area (see Memorandum from
William T. Harnett to Regional Air Division Directors, (May 18, 2006),
``RACT Qs & As--Reasonably Available Control Technology (RACT)
Questions and Answers'', page 7).
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\1\ CAA section 182(b)(2) and (f).
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Guidance and policy documents that we use to evaluate CAA section
182 RACT SIPs for ICAPCD include the following:
1. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
2. ``Air Quality Designations and Classifications for the 8-Hour
Ozone National Ambient Air Quality Standards; Early Action Compact
Areas with Deferred Dates''--Final Rule (69 FR 23858; April 30, 2004).
3. ``State Implementation Plans, General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57
FR 13498; April 16, 1992).
4. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations: Clarification to Appendix D of November 24, 1987 Federal
Register, May 25, 1988, Revised January 11, 1990, U.S. EPA, Air Quality
Management Division, Office of Air Quality Planning and Standards
(``The Blue Book'').
5. Guidance Document for Correcting Common VOC and Other Rule
Deficiencies, August 21, 2001, U.S. EPA Region IX (the ``Little
Bluebook'').
6. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble for the Implementation of Title I of the Clean Air Act
Amendments of 1990'' (57 FR 55620, November 25, 1992) (``the
NOX Supplement'').
7. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers.''
8. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
9. ``Final Rule to Implement the 1997 8-Hour Ozone National Ambient
Air Quality Standard: Classification of Areas That Were Initially
Classified Under Subpart 1; Revision of the Anti-Backsliding Provisions
To Address 1-Hour Contingency Measure Requirements; Deletion of
Obsolete 1-Hour Standard Provision''--Final Rule (77 FR 28424; May 14,
2012).
[[Page 52712]]
10. ``Model Volatile Organic Compound Rules for Reasonably
Available Control Technology'', EPA (June 1992).
11. ``Beyond VOC RACT Requirements'', EPA-453/R-95-010, (April
1995).
12. The EPA's CTGs http://www.epa.gov/glo/SIPToolkit/ctgs.html.
13. CARB's emissions inventory database http://www.arb.ca.gov/app/emsinv/facinfo/facinfo.php
14. CARB and EPA Region IX databases of ICAPCD rules--CARB: http://www.arb.ca.gov/ridb.htm EPA: http://epa.gov/region09/air/sips/index.html
15. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements''--Final
Rule (80 FR 12264; March 6, 2015).
B. Does the RACT SIP submission meet the evaluation criteria?
The 2009 RACT SIP includes three elements, as described further
below:
1. Evaluations of VOC and NOX rules for sources subject
to a CTG.
2. Negative declarations where there are no facilities subject to a
CTG.
3. Major Non-CTG sources of VOC or NOX.
A summary of our evaluation of each element is provided below. For
additional information concerning our evaluation, please refer to the
Technical Support Document (TSD) for the 2009 RACT SIP which is
available in the docket for this action.
1. Evaluations of VOC and NOX Rules for Sources Subject to a
CTG
ICAPCD identified 11 CTGs which apply to sources within Imperial
County and are addressed in the RACT SIP. The District also compared
its rules for these sources to similar rules in other air districts,
and concluded their rules meet RACT requirements. We have reviewed
ICAPCD's analysis, including review of the referenced rules, and found
no basis to disagree with ICAPCD's conclusion that it has implemented
RACT for all relevant CTG categories with three clarifications. Rule
413, Organic Solvent Degreasing Operations, and Rule 417, Organic
Solvents, are not required to satisfy RACT. Subsequent to its 2009 RACT
submittal, the District found it had no sources of organic solvent
cleaning within the District that would be subject to the 1977 Solvent
Metal Cleaning CTG for Rule 413, nor any sources subject to the 2006
Industrial Cleaning Solvents CTG's nine unit operations for Rule
417.\2\ Therefore, ICAPCD should formally adopt and submit to EPA as a
SIP revision a negative declaration for each of these CTGs. Rule 427,
Automotive Refinishing Operations, is not subject to RACT since it is
not a CTG category and ICAPCD does not have any automobile refinishing
operations that are major sources of VOC.
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\2\ ICAPCD--Supplemental to 2009 RACT SIP--Analysis of Control
Technologies Guidance (CTG) Documents, July 31, 2015.
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2. Negative Declarations Where There Are No Facilities Subject to a CTG
Negative declarations are only required for CTG source categories
for which the District has no sources covered by the CTG. A negative
declaration is not required for non-CTG source categories. Table 2
below lists the CTG source categories for the 2009 RACT SIP. The
District indicated it does not currently have, nor does it anticipate
sources subject to the CTGs in these categories in the future. We
searched CARB's emissions inventory database to verify there are no
facilities in ICAPCD that might be subject to the CTGs listed below. We
concur with the District's negative declarations.
Table 2--ICAPCD Negative Declarations
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CTG Source category CTG Reference document
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Aerospace......................... EPA-453/R-97-004, Aerospace CTG and
MACT.
Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of
Surface Coating of. Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
EPA-453/R-08-006, Control Techniques
Guidelines for Automobile and Light-
Duty Truck Assembly Coatings.
Cans and Coils, Surface Coating of EPA-450/2-77-008, Control of
Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Fiberglass Boat Manufacturing..... EPA-453/R-08-004, Controls
Techniques Guidelines for
Fiberglass Boat Manufacturing.
Flat Wood Paneling, Surface EPA-450/2-78-032, Control of
Coating of. Volatile Organic Emissions from
Existing Stationary Sources--Volume
VII: Factory Surface Coating of
Flat Wood Paneling.
EPA-453/R-06-004, Control Techniques
Guidelines for Flat Wood Paneling
Coatings.
Flexible Packing Printing......... EPA-453/R-06-003, Control Techniques
Guidelines for Flexible Package
Printing.
Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of
Flexography. Volatile Organic Emissions from
Existing Stationary Sources, Volume
III: Graphic Arts--Rotogravure and
Flexography.
Large Appliances, Surface Coating EPA-450/2-77-034, Control of
of. Volatile Organic Emissions from
Existing Stationary Sources--Volume
V: Surface Coating of Large
Appliances.
EPA-453/R-07-004, Control Techniques
Guidelines for Large Appliance
Coatings.
Large Petroleum Dry Cleaners...... EPA-450/3-82-009, Control of
Volatile Organic Compound Emissions
from Large Petroleum Dry Cleaners.
Offset Lithographic Printing and EPA-453/R-06-002, Control Techniques
Letterpress Printing. Guidelines for Offset Lithographic
Printing and Letterpress Printing.
Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of
Insulation of. Volatile Organic Emissions from
Existing Stationary Sources--Volume
IV: Surface Coating of Insulation
of Magnet Wire.
Metal Furniture Coatings.......... EPA-450/2-77-032, Control of
Volatile Organic Emissions from
Existing Stationary Sources--Volume
III: Surface Coating of Metal
Furniture.
EPA-453/R-07-005, Control Techniques
Guidelines for Metal Furniture
Coatings.
Miscellaneous Metal and Plastic EPA-453/R-08-003, Control Techniques
Parts Coatings. Guidelines for Miscellaneous Metal
and Plastic Parts Coatings.
[[Page 52713]]
Miscellaneous Metal Parts and EPA-450/2-78-015, Control of
Products, Surface Coating of. Volatile Organic Emissions from
Existing Stationary Sources--Volume
IV: Surface Coating of
Miscellaneous Metal Parts and
Products.
Miscellaneous Industrial Adhesives EPA-453/R-08-005, Control Techniques
Guidelines for Miscellaneous
Industrial Adhesives.
Natural Gas/Gasoline Processing EPA-450/2-83-007, Control of
Plants Equipment Leaks. Volatile Organic Compound Equipment
Leaks from Natural Gas/Gasoline
Processing Plants.
Paper, Film and Foil Coatings..... EPA-453R-07-003, Control Techniques
Guidelines for Paper, Film and Foil
Coatings.
Petroleum Refineries.............. EPA-450/2-77-025, Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
EPA-450/2-78-036, Control of
Volatile Organic Compound Leaks
from Petroleum Refinery Equipment.
Pharmaceutical Products........... EPA-450/2-78-029, Control of
Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Pneumatic Rubber Tires, EPA-450/2-78-030, Control of
Manufacture of. Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Polyester Resin................... EPA-450/3-83-008, Control of
Volatile Organic Compound Emissions
from Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
EPA-450/3-83-006, Control of
Volatile Organic Compound Leaks
from Synthetic Organic Chemical
Polymer and Resin Manufacturing
Equipment.
Shipbuilding/Repair............... EPA-453/R-94-032, Shipbuilding/
Repair.
Synthetic Organic Chemical........ EPA-450/3-84-015, Control of
Volatile Organic Compound Emissions
from Air Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031, Control of
Volatile Organic Compound Emissions
from Reactor Processes and
Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
Wood Furniture.................... EPA-453/R-96-007, Wood Furniture.
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3. Major Non-CTG Sources of VOC or NOX
CAA section 182(b)(2) and (f) require RACT for stationary source
categories covered by CTG documents and all major stationary sources of
VOCs or NOX. ICAPCD was initially classified as subpart 1
marginal nonattainment for ozone, but was subsequently reclassified as
subpart 2 moderate.\3\ A major source in a moderate ozone nonattainment
area is defined as a stationary source that emits, or has the potential
to emit, at least 100 tons per year of VOCs or NOX.\4\
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\3\ See 69 FR 23858 (April 30, 2004), and 77 FR 28424 (May 14,
2012) (codified at 40 CFR 81.305 (California--2008 8-Hour Ozone
NAAQS)).
\4\ See CAA sections 182(b)(2) and (f) and 302(j).
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ICAPCD's 2009 RACT SIP, Table 3, lists nine facilities that were
major sources of VOC or NOX at that time, along with the
respective RACT rules for each facility. Three of the facilities listed
did not have any VOC or NOX RACT rules listed as applicable.
We found that one of the facilities, CalEnergy, is currently permitted
with a total annual potential to emit of 1.8 tons per year of benzene
(VOC).\5\ Another facility, ORMAT Nevada, Inc., had a regenerative
thermal oxidizer added to the facility subsequent to the 2009 RACT SIP
publication, and the potential to emit is now 19.6 tons per year of
VOC.\6\ The third facility, GEM Resources (ORMESA, LLC), is subject to
permit conditions which limits its potential to emit to 28.29 tons/year
for VOCs and 9.94 tons/year for benzene.\7\ Therefore, all of these
facilities are now well below the 100 tons/year threshold and are not
major sources.
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\5\ Imperial County Air Pollution Control District, Authority to
Construct and Permit to Operate Review, Permit #2000H-9 (March 4,
2015) Table 8.
\6\ Imperial County Air Pollution Control District, Synthetic
Minor Permit Review, Permit 1641B-3 (September 23, 2010) page 7.
\7\ Imperial County Air Pollution Control District, Conditions
for Authority to Construct and Permit to Operate #2002I-4 (April 7,
2014).
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ICAPCD adopted VOC and NOX rules which are applicable to
the remaining six major source facilities. The EPA approved the
following VOC rules into the California SIP: Rule 414, Storage of
Reactive Organic Compounds, (73 FR 70883, November 24, 2008), and Rule
415, Transfer and Storage of Gasoline, (70 FR 8520, February 22, 2005).
The following NOX rules were approved into the SIP by the
EPA: Rule 400, Fuel Burning Equipment--Oxides of Nitrogen, (68 FR
14161, March 24, 2003), Rule 400.1, Stationary Gas Turbines, (77 FR
2469, January 18, 2012), and Rule 400.2, Boilers, Process Heaters and
Steam Generators, (78 FR 896, January 7, 2013). Our previous approvals
of Rules 400.1 and 400.2 found that they fulfilled RACT requirements.
We are not aware of information suggesting that additional controls are
needed to fulfill RACT since our approval of these rules. Our approval
of Rule 400 did not include an evaluation of ozone RACT requirements.
However, since each of the NOX sources subject to Rule 400
is also subject to at least one additional NOX rule that the
EPA has found to fulfill RACT requirements, it is not necessary to
determine whether Rule 400 fulfills RACT requirements at this time.
Subsequent to the 2009 RACT SIP submittal, ICAPCD adopted Rule
400.4, Emissions of Oxides of Nitrogen from Wallboard Kilns, to address
a major source of NOX emissions from one of their facilities
(U.S. Gypsum). The EPA approved it into the California SIP (79 FR
60070, October 6, 2014) as satisfying RACT requirements.
We also reviewed CARB's facilities inventory for the Imperial
County, and are not aware of additional relevant major sources.
4. Conclusion
We find that ICAPCD's 2009 RACT SIP, including the negative
declarations, adequately addresses RACT for the 1997 8-hour ozone
NAAQS. Our TSD has more information on our evaluation of the RACT SIP
submission.
C. EPA Recommendations To Further Improve the RACT SIP
The TSD describes additional revisions to the rules that we
recommend for the next time the local agency modifies the rules, but
are not currently the basis for rule disapproval.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is proposing
to fully approve the submitted SIP revision because we believe it
fulfills all relevant requirements. We will accept comments from the
public on this proposal until October 1, 2015. Unless we receive
[[Page 52714]]
convincing new information during the comment period, we intend to
publish a final approval action that will incorporate this RACT
submission into the Federally enforceable SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air 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, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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 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 Clean Air Act; and
does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed action does not apply on any Indian
reservation land or in any other area where the 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 and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 11, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-21543 Filed 8-31-15; 8:45 am]
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