[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Proposed Rules]
[Pages 33027-33030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0813; FRL-9996-23-Region 4]
Air Plan Approval; Georgia; 2008 8-Hour Ozone Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve Georgia's August 15, 2018, State Implementation Plan (SIP)
submission pertaining to the ``good neighbor'' provision of the Clean
Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). The good neighbor provision requires each
state's implementation plan to address the interstate transport of air
pollution in amounts that contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other state. In this
action, EPA is proposing to determine that Georgia will not contribute
significantly to nonattainment or interfere with maintenance of the
2008 8-hour ozone NAAQS in any other state. Therefore, EPA is proposing
to approve the August 15, 2018, SIP revision as meeting the
requirements of the good neighbor provision for the 2008 8-hour ozone
NAAQS.
DATES: Comments must be received on or before August 12, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0813 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can also be reached
via telephone at (404) 562-9009 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated an ozone NAAQS that revised the
levels of the primary and secondary 8-hour ozone standards from 0.08
parts per million (ppm) to 0.075 ppm.\1\ See 73 FR 16436 (March 27,
2008). Pursuant to CAA section 110(a)(1), within three years after
promulgation of a new or revised NAAQS (or shorter, if EPA prescribes),
states must submit SIPs that meet the applicable requirements of
section 110(a)(2). EPA has historically referred to these SIP
submissions made for the purpose of satisfying the requirements of
sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions.
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\1\ 0.075 ppm equates to 75 parts per billion (ppb).
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One of the structural requirements of section 110(a)(2) is section
110(a)(2)(D)(i), which generally requires SIPs to contain adequate
provisions to prohibit in-state emissions activities from having
certain adverse air quality effects on neighboring states due to
interstate transport of air pollution. There are four sub-elements, or
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section
110(a)(2)(D)(i)(I), also known as the ``good neighbor'' provision,
requires SIPs to include provisions prohibiting any source or other
type of emissions activity in one state from emitting any air pollutant
in amounts that will contribute significantly to nonattainment, or
interfere with
[[Page 33028]]
maintenance, of the NAAQS in another state. The two provisions of this
section are referred to as prong 1 (significant contribution to
nonattainment) and prong 2 (interference with maintenance). Section
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions to
prohibit emissions that will interfere with measures required to be
included in the applicable implementation plan for any other state
under part C to prevent significant deterioration of air quality (prong
3) or to protect visibility (prong 4). This proposed action addresses
only prongs 1 and 2 of section 110(a)(2)(D)(i). All other
infrastructure SIP elements for Georgia for the 2008 8-hour ozone NAAQS
were addressed in separate rulemakings.\2\
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\2\ See 83 FR 19637 (May 4,2018); 80 FR 61109 (October 9, 2015);
and 80 FR 14019 (March 18, 2015).
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A. State Submittal
On August 15, 2018, the Georgia Environmental Protection Division
(GA EPD) provided a SIP submittal to EPA to address the interstate
transport requirements of sections 110(a)(2)(D)(i)(I) for the Georgia
SIP.\3\ Georgia made this submission to certify that its SIP contains
adequate provisions to prohibit emissions activities within the State
which will contribute significantly to nonattainment or interfere with
maintenance of the 2008 8-hour ozone NAAQS in any other state, and
therefore, adequately addresses the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS.\4\ Georgia's
certification is based on EPA's air quality modeling and monitoring
data, SIP-approved and state provisions regulating emissions of ozone
precursors (volatile organic compounds (VOCs) and nitrogen oxides
(NOX)) within the State, and an analysis of recent trends in
emissions of ozone precursors (VOCs and NOX) from Georgia
sources.
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\3\ On March 6, 2012, Georgia submitted a SIP revision to
address the 110(a)(1) and (2) requirements of the CAA including
section 110(a)(2)(D)(i)(I) with respect to the 2008 ozone NAAQS. On
October 3, 2013, the State withdrew its good neighbor SIP
submission. See August 29, 2016, Memorandum from Gobeail McKinley re
``Status of 110(a)(2)(D)(i)(I) SIPs for the 2008 Ozone NAAQS,''
available at https://www.regulations.gov/document?D=EPA-HQ-OAR-2015-0500-0509.
\4\ On July 13, 2015, EPA published a final rulemaking that
finalized findings of failure to submit with regard to the
requirements of CAA section 110(a)(2)(D)(i)(I) for 24 states,
including Georgia, with respect to the 2008 ozone NAAQS. See 80 FR
39961. The findings of failure to submit established a two-year
deadline for EPA to promulgate a FIP to address the interstate
transport SIP requirements pertaining to significant contribution to
nonattainment and interference with maintenance unless, prior to EPA
promulgating a FIP, the state submits, and EPA approves, a SIP that
meets these requirements. Additional background on the findings of
failure to submit--including EPA's findings related to Georgia--can
be found in the preamble to the final rule. See 80 FR 39961.
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B. EPA's Analysis Related to 110(a)(2)(D)(i)(I) for the 2008 8-Hour
Ozone NAAQS
EPA developed technical information and related analyses to assist
states with meeting section 110(a)(2)(D)(i)(I) requirements for the
2008 8-hour ozone NAAQS through SIPs and, as appropriate, to provide
backstop federal implementation plans (FIPs) in the event that states
failed to submit approvable SIPs.\5\ On October 26, 2016, EPA took
steps to effectuate this backstop role with respect to eastern states
\6\ by finalizing an update to the 2011 Cross-State Air Pollution Rule
(2011 CSAPR) ozone season program that addresses good neighbor
obligations for the 2008 8-hour ozone NAAQS (CSAPR Update).\7\ The
CSAPR Update establishes statewide NOX budgets for certain
affected electricity generating units in 22 eastern states for the May
through September ozone season to reduce the interstate transport of
ozone pollution in the eastern United States, and thereby help downwind
states and communities meet and maintain the 2008 8-hour ozone NAAQS.
See 81 FR 74506. The rule also determined that emissions from 14 states
(including Georgia) will not significantly contribute to nonattainment
or interfere with maintenance of the 2008 ozone NAAQS in downwind
states. Accordingly, EPA determined that it need not require further
emission reductions from sources in those states to address the good
neighbor provision as to the 2008 ozone NAAQS. Id.
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\5\ The EPA issued a Notice of Data Availability on August 4,
2015, requesting comment on the modeling platform and air quality
modeling results that were used for the proposed Cross-State Air
Pollution Rule (CSAPR) Update. See 80 FR 46271.
\6\ For purposes of the CSAPR Update, ``eastern'' states refer
to all contiguous states fully east of the Rocky Mountains (thus not
including the mountain states of Montana, Wyoming, Colorado, or New
Mexico).
\7\ See Federal Implementation Plans: Interstate Transport of
Fine Particulate Matter and Ozone and Correction of SIP Approvals,
Final Rule (2011 CSAPR), 76 FR 48208 (August 8, 2011); Cross-State
Air Pollution Rule Update for the 2008 Ozone NAAQS (CSAPR Update),
81 FR 74504 (October 26, 2016).
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The CSAPR Update used the same framework that EPA used when
developing the original 2011 CSAPR, EPA's interstate transport rule
addressing the 1997 8-hour ozone NAAQS as well as the 1997 and 2006
fine particulate matter (PM2.5) NAAQS. This framework
established the following four-step process to address the requirements
of the good neighbor provision: (1) Identify downwind areas, referred
to as receptors, that are expected to have problems attaining or
maintaining the NAAQS; (2) determine which upwind states impact these
identified problems in amounts sufficient to ``link'' them to the
downwind air quality problems; (3) for states linked to downwind air
quality problems, identify upwind emissions, if any, that will
significantly contribute to nonattainment or interfere with maintenance
of a NAAQS; and (4) reduce the identified upwind emissions for states
that are found to have emissions that will significantly contribute to
nonattainment or interfere with maintenance of the NAAQS downwind by
adopting permanent and enforceable measures in a FIP or SIP. In the
CSAPR Update, EPA used this four-step framework to determine whether
states in the east will significantly contribute to nonattainment or
interfere with maintenance of downwind air quality. As explained below,
the CSAPR Update's four-step analysis supports the conclusions provided
in GA EPD's August 15, 2018, interstate transport SIP submittal for the
2008 8-hour ozone NAAQS that the state will not significantly
contribute to nonattainment or interfere with maintenance of the
standard in other states.
In the technical analysis supporting the CSAPR Update, EPA used
detailed air quality analyses to determine where projected
nonattainment or maintenance receptors would be, at step 1 of the four-
step framework, and whether emissions from an eastern state contribute
to downwind air quality problems at those projected nonattainment or
maintenance receptors, at step 2 of the framework. Specifically, EPA
determined whether each state's contributing emissions were at or above
a specific threshold. EPA determined that one percent was an
appropriate threshold to use in this analysis because there were
important, even if relatively small, contributions to identified
nonattainment and maintenance receptors from multiple upwind states at
that threshold.\8\ See 81
[[Page 33029]]
FR 74504. For the CSAPR Update, EPA applied an air quality screening
threshold of 0.75 ppb (equivalent to one percent of the 2008 8-hour
ozone NAAQS of 75 ppb) to identify linkages between upwind states and
the downwind nonattainment and maintenance receptors. States with
impacts below the one-percent threshold were considered not to
contribute to identified downwind nonattainment and maintenance
receptors and therefore would not contribute significantly to
nonattainment or interfere with maintenance of the standard in those
downwind areas. If a state's impact was equal to or exceeded the one-
percent threshold, that state was considered linked to the downwind
nonattainment or maintenance receptor(s) and the state's emissions were
further evaluated, taking into account both air quality and cost
considerations, to determine whether any emissions reductions might be
necessary to address the state's obligation pursuant to CAA section
110(a)(2)(D)(i)(I).
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\8\ EPA's analysis showed that the one-percent threshold
generally captured a high percentage of the total pollution
transport affecting downwind states. EPA's analysis further showed
that the application of a lower threshold would result in relatively
modest increases in the overall percentage of ozone transport
pollution captured, while the use of higher thresholds would result
in a relatively large reduction in the overall percentage of ozone
pollution transport captured relative to the levels captured at one
percent at the majority of the receptors. See 81 FR 74504 (October
26, 2016) and ``Air Quality Modeling Final Rule Technical Support
Document for the Final CSAPR Update'' (CSAPR Update Modeling TSD),
available at https://www.epa.gov/sites/production/files/2017-05/documents/aq_modeling_tsd_final_csapr_update.pdf. This approach is
consistent with the use of a one-percent threshold to identify those
states ``linked'' to air quality problems with respect to the 1997
8-hour ozone NAAQS in the original CSAPR rulemaking, wherein EPA
noted that there are adverse health impacts associated with ambient
ozone even at low levels. See 76 FR 48208 (August 8, 2011); see also
``Air Quality Modeling Final Rule Technical Support Document'' for
the 2011 CSAPR, located at https://www.regulations.gov/document?D=EPA-HQ-OAR-2009-0491-4140.
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As discussed in the final rulemaking for the CSAPR Update, the air
quality modeling contained in EPA's technical analysis: (1) Identified
locations in the U.S. where EPA anticipated nonattainment or
maintenance issues in 2017 for the 2008 8-hour ozone NAAQS (these were
identified as nonattainment or maintenance receptors, respectively),
and (2) quantified the projected contributions from emissions from
upwind states to downwind ozone concentrations at the receptors in
2017. See 81 FR 74504 (October 26, 2016). This modeling used the
Comprehensive Air Quality Model with Extensions (CAMx version 6.11) to
model the 2011 base year and the 2017 future base case emissions
scenarios to identify projected nonattainment and maintenance sites
with respect to the 2008 8-hour ozone NAAQS in 2017. EPA used
nationwide state-level ozone source apportionment modeling (the CAMx
Ozone Source Apportionment Technology/Anthropogenic Precursor
Culpability Analysis technique) to quantify the contribution of 2017
base case NOX and VOC emissions from all sources in each
state to the 2017 projected receptors. The air quality model runs were
performed for a modeling domain that covers the 48 contiguous United
States, the District of Columbia, and adjacent portions of Canada and
Mexico. The updated modeling data released to support the final CSAPR
Update inform the Agency's analysis of upwind state linkages to
downwind air quality problems for the 2008 8-hour ozone NAAQS for
Georgia. See CSAPR Update Modeling TSD.
EPA's air quality modeling for the final CSAPR Update indicated
that Georgia's largest impact on any projected downwind nonattainment
receptor in 2017 was 0.60 ppb and Georgia's largest contribution to any
projected downwind maintenance-only site in 2017 was 0.62 ppb.\9\ These
values are below the one percent screening threshold of 0.75 ppb, and
therefore there are no identified linkages between Georgia and 2017
downwind projected nonattainment and maintenance sites.\10\
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\9\ See CSAPR Update Modeling TSD at Table 4-2, section 4.4 and
Appendix D.
\10\ Georgia continues to have CSAPR NOX ozone season
requirements (including emission budget) related to the 1997 ozone
NAAQS. See 81 FR 74504, 74524 n 92.
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II. What is EPA's analysis of the Georgia's submittal?
As mentioned in section I, Georgia's August 15, 2018, submittal
certifies that emission activities from the State will not contribute
significantly to nonattainment or interfere with maintenance of the
2008 8-hour ozone NAAQS in any other state for the following reasons:
(1) Modeling conducted by EPA in support of the CSAPR Update indicates
that Georgia's impact on any downwind receptor is less than 1 percent
of the standard; (2) NOX and VOC precursor emissions in
Georgia have decreased since 1990; and (3) Georgia has in place both
SIP-approved and state provisions that regulate ozone precursors in the
State. Based on an assessment of this information, EPA proposes to
approve Georgia's SIP submission because the State will not
significantly contribute to nonattainment in, or interfere with
maintenance by, any other state with respect to the 2008 8-hour ozone
NAAQS.
Georgia's submittal assessed EPA's CSAPR Update modeling. Georgia
cites EPA's August 2016 CSAPR Update Modeling TSD where the modeling
indicated that Georgia's largest impact on any projected downwind
nonattainment receptor in 2017 was 0.60 ppb and the largest impact on
any projected downwind maintenance-only site was 0.62 ppb, both of
which are below 0.75 ppb, the one percent threshold for the 2008 ozone
NAAQS. EPA concluded that Georgia's emissions will not contribute to
downwind nonattainment and maintenance receptors and therefore, did not
promulgate a FIP that required additional emission reductions from
Georgia. Accordingly, in the CSAPR Update, EPA made a final
determination that Georgia emissions will not significantly contribute
to nonattainment in, or interfere with maintenance by, any other state
for the 2008 ozone NAAQS and that sources in the State are not required
to further reduce emissions pursuant to the good neighbor provision
with respect to this standard.\11\
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\11\ See 81 FR 74506. EPA is not reopening for comment final
determinations made in the CSAPR Update or the modeling conducted to
support that rulemaking.
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Georgia's submittal also notes that total annual NOX
emissions and total annual VOC emissions in the state have decreased by
58 percent and 49 percent, respectively, between 1990 and 2017. EPA
notes that ozone precursor emissions nationally continue to decline
from 1990 levels and are largely driven by federal and state
implementation of stationary and mobile source regulations.\12\
Additionally, nationwide ozone concentrations have also decreased since
1990. Id.
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\12\ See EPA's annual report on the nation's air quality status
and trends through 2017, available at https://gispub.epa.gov/air/trendsreport/2018/documentation/AirTrends_Flyer.pdf.
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GA EPD identified regulations that have been approved into the
Georgia SIP to provide for the control of NOX and VOCs,
which are precursors that contribute to ambient ozone concentrations.
These regulations include Regulations 391-3-1-.02--Provisions Amended
and 391-3-1-.03--Permits, which provide for the implementation of a
permitting program for New Source Review and Prevention of Significant
Deterioration requirements required under Title I, Parts C and D of the
CAA for sources of NOX and VOCs. The permitting requirements
help ensure that NOX and VOC emissions from new and modified
sources are controlled.
Specifically for the control of NOX, GA EPD identified
SIP-approved regulations that establish emission standards and
compliance (testing and monitoring) requirements for stationary sources
of air pollution: 391-3-1-.02(2)(yy)--Emissions of Nitrogen Oxides from
Major Sources, 391-3-1-
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.02(2)(jjj)--NOX Emissions from Electric Utility Steam Generating
Units, 391-3-1-.02(2)(lll)--NOX Emissions From Fuel-Burning Equipment,
and Regulation 391-3-1-.02(2)(rrr)--NOX from Small Fuel-
Burning Equipment. Georgia also identified Regulation 391-3-20--Vehicle
Emissions Inspection and Maintenance (I/M) Program which regulates
vehicle emissions in the state.\13\
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\13\ Although not relied upon for purposes of approval, GA EPD
also identified state-only provisions of the Georgia Rules for Air
Quality Control 391-3-1-.02(2)(sss)--Multipollutant Control for
Electric Utility Steam Generating Units as a regulations that the
State is implementing which provides for the control of
NOX emissions.
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Georgia further identified the following SIP-approved regulations
that provide for the implementation of VOC emissions controls by
fulfilling RACT requirements for specific source categories: Regulation
391-3-1-.02(2)(t) through (ff), (hh) through (nn), (pp) through (ss),
(vv), (ccc) through (eee), (hhh), (kkk), (vvv), and (yyy) through
(aaaa). GA EPD further identified Regulation 391-3-1-.02(2)(tt)--VOC
Emissions from Major Sources, which outlines the case-by-case RACT
regulations in the State.
EPA proposes to approve Georgia's August 15, 2018, SIP submission
on grounds that it addresses the State's 110(a)(2)(D)(i)(I) good
neighbor obligation for the 2008 8-hour ozone NAAQS because EPA has
found that the State will not contribute significantly to nonattainment
in, or interfere with maintenance by, any other state.
III. Proposed Action
EPA is proposing to determine that Georgia will not contribute
significantly to nonattainment or interfere with maintenance of the
2008 8-hour ozone NAAQS in any other state. Therefore, EPA is proposing
to approve Georgia's August 15, 2018, SIP submission as meeting the CAA
requirements of prongs 1 and 2 under section 110(a)(2)(D)(i)(I) for the
2008 8-hour ozone NAAQS. EPA requests comment on this proposed approval
of Georgia's SIP.
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 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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).
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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-14729 Filed 7-10-19; 8:45 am]
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