[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
               Local agency                              Document                   Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD....................................  Final 2009 Reasonably Available            7/13/10         12/21/10
                                             Control Technology State
                                             Implementation Plan (``2009 RACT
                                             SIP'').
----------------------------------------------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \1\ CAA section 182(b)(2) and (f).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ ICAPCD--Supplemental to 2009 RACT SIP--Analysis of Control 
Technologies Guidance (CTG) Documents, July 31, 2015.
---------------------------------------------------------------------------

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
------------------------------------------------------------------------
        CTG Source category                CTG Reference document
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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]
 BILLING CODE 6560-50-P