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Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program

American Government Special Collections Reference Desk

American Government

Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program

Heather McTeer Toney
Environmental Protection Agency
July 24, 2015


[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)]
[Proposed Rules]
[Pages 44014-44017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18079]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0114; FRL-9931-03-Region 4]


Approval and Promulgation of Implementation Plans; Georgia; 
Removal of Clean Fuel Fleet Program

AGENCY: Environmental Protection Agency.

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) that 
were submitted by the State of Georgia, through the Georgia 
Environmental Protection Division (GA EPD), on January 22, 2015, for 
the purpose of moving the Clean Fuel Fleet Program (CFFP) from the 
active portion of the Georgia SIP to the contingency measures portion 
of the maintenance plan for the Atlanta Area for the 1997 8-hour ozone 
national ambient air quality standards (NAAQS). EPA has preliminarily 
determined that Georgia's January 22, 2015, SIP revision regarding the 
CFFP is approvable because it is consistent with the Clean Air Act (CAA 
or Act).

DATES: Written comments must be received on or before August 24, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0114, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0114'' 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-
2015-0114. 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

[[Page 44015]]

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 may not be 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 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 sheckler.kelly@epa.gov.

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''): 
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(c)(4) of the CAA for the Area to adopt measures necessary 
to ensure the effectiveness of the applicable provisions of the CFFP 
described below in section II of this document. EPA redesignated the 
Atlanta 1-Hour Ozone Area to attainment for the 1-hour ozone NAAQS, 
effective June 14, 2005.2 3 See 70 FR 34660.
---------------------------------------------------------------------------

    \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\ On April 30, 2004, EPA designated the following 20 counties 
in and around metropolitan Atlanta as a marginal nonattainment area 
for the 1997 8-hour ozone NAAQS (hereinafter referred to as the 
``Atlanta 1997 8-Hour Ozone Area''): 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 this 
same area as a moderate 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 area to attainment for the 
1997 8-hour ozone NAAQS. See 78 FR 72040.
    \3\ On May 21, 2012, EPA published a final rule designating the 
following 15 counties in and around metropolitan Atlanta as a 
marginal 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.
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II. Background for the CFFP

    The CFFP is addressed in Title II, part C of the CAA. See CAA 
sections 241-250. Congress added Part C, entitled ``Clean Fuel 
Vehicles,'' to the CAA to establish two programs: A clean-fuel vehicle 
pilot program in the State of California (the California Pilot Test 
Program), and a CFFP in certain ozone and carbon monoxide (CO) 
nonattainment areas. EPA promulgated regulations for the CFFP at 40 CFR 
part 88, subpart C on March 1, 1993. See 58 FR 11888. Under section 246 
of the CAA, certain states were required to adopt and submit to EPA a 
SIP revision containing a CFFP for ozone nonattainment areas with a 
1980 population greater than 250,000 that were classified as serious, 
severe, or extreme.
    A state's CFFP SIP revision must require fleet operators with 10 or 
more centrally-fueled vehicles or vehicles capable of being centrally-
fueled to include a specified percentage of clean-fuel vehicles in 
their purchases each year and to meet additional CAA requirements, 
including the requirement that covered fleet operators must operate the 
Clean Fuel Vehicles (CFVs) in covered nonattainment areas on a clean 
alternative fuel, defined as a fuel on which the vehicle meets EPA's 
CFV standards. EPA promulgated emission standards for CFVs on September 
30, 1994. See 59 FR 50042.
    On May 2, 1994, the State of Georgia submitted a SIP revision to 
address the CFFP requirements for the Atlanta 1-Hour Ozone Area. EPA 
approved that SIP revision, containing Georgia's CFFP rules (Georgia 
Rules 391-3-22-.01 through .11, ``Clean Fleet Rules'') in a document 
published on May 2, 1994. See 60 FR 66149. Georgia's rules require 
fleets of 10 or more vehicles that are centrally fueled or capable of 
being centrally fueled and operated in the Atlanta 1-Hour Ozone Area to 
include in their vehicle purchases a certain percentage of CFVs. A CFV 
is one which meets any one of the exhaust emission standards for the 
following vehicle categories: Low emission vehicles (LEV), ultra low 
emission vehicles (ULEV), and zero emission vehicles (ZEV).
    Under the CAA and Federal CFFP regulations, vehicles weighing 
26,000 pounds (lbs) or less count towards the requirement, and the CFFP 
purchase requirements started with 1998 model year vehicles under the 
following phase-in schedule for light-duty vehicles and trucks under 
6,000 lbs. Gross Vehicle Weight Rating (GVWR) and light-duty trucks 
between 6,000 and 8,500 lbs. GVWR: 30 percent CFV in Model Year 1998, 
50 percent CFV in Model Year 1999, and 70 percent CFV in Model Year 
2000 and after. The phase-in schedule for heavy-duty vehicles weighing 
above 8,500 lbs but less than 26,001 lbs. GVWR was: 50 percent CFV in 
Model Year 1998, 50 percent CFV in Model Year 1999, and 50 percent CFV 
in Model Year 2000 and after. The following vehicles are exempted from 
these requirements: Motor vehicles for lease or rental to the general 
public, dealer demonstration vehicles that are used solely for the 
purpose of promoting motor vehicle sales, emergency vehicles, law 
enforcement vehicles, nonroad vehicles (farm and construction 
vehicles), vehicles garaged at a personal residence and not being 
centrally fueled, and vehicles used for motor vehicle manufacturer 
product evaluations and tests.

III. Analysis of the State's Submittal

    On January 22, 2015, GA EPD submitted a SIP revision to EPA with a 
request to move Georgia's CFFP rules (Georgia Rules 391-3-22-.01 
through .11) from the active portion of the Georgia SIP to the 
contingency measure portion of the ozone maintenance plan for the 
Atlanta Area for the 1997 8-hour

[[Page 44016]]

ozone NAAQS.\4\ EPA incorporated this maintenance plan into the SIP in 
a final action published on December 2, 2013. See 78 FR 72040. In order 
for EPA to approve Georgia's January 22, 2015, SIP revision, the 
revision must satisfy the anti-backsliding requirements of EPA's 
implementation rules for the 2008 8-hour ozone NAAQS \5\ and CAA 
section 110(l). More discussion on EPA's evaluation of these 
requirements in relation to Georgia's January 22, 2015, SIP revision is 
provided below.
---------------------------------------------------------------------------

    \4\ See footnote 2 for a description of this Area.
    \5\ See 80 FR 12264 (March 6, 2015).
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A. Consideration of Anti-Backsliding Requirements

    To support Georgia's request for EPA to move the CFFP from the 
active portion of the Georgia SIP to the contingency measure portion of 
the SIP, the State must demonstrate that the requested change is in 
compliance with EPA's anti-backsliding requirements for ozone. The 
anti-backsliding requirements for the revoked 1-hour ozone NAAQS were 
originally promulgated at 40 CFR part 51, subpart X. However, with the 
promulgation of the implementation rules for the 2008 8-hour ozone 
NAAQS, EPA moved these requirements to 40 CFR part 50, subpart AA and 
expanded the provisions to address anti-backsliding requirements for 
the revoked 1997 8-hour ozone NAAQS and the revoked 1-hour ozone NAAQS 
in relation to compliance with the 2008 8-hour ozone NAAQS.
    The CFFP is one of the ``applicable requirements'' for anti-
backsliding purposes under EPA's implementation rules for the 2008 8-
hour ozone NAAQS ``to the extent such requirements apply to the area 
pursuant to its classification under CAA section 181(a)(1) for the 1-
hour NAAQS or 40 CFR 51.902 for the 1997 8-hour ozone NAAQS at the time 
of revocation of the 1997 8-hour ozone NAAQS.'' See 40 CFR 51.1100(o). 
The 1997 8-hour ozone NAAQS was revoked on April 6, 2015. As mentioned 
above, the Atlanta 1-Hour Ozone Area was redesignated to attainment 
effective June 14, 2005, the CFFP requirements apply to the Atlanta 1-
Hour Ozone Area given its former status as a serious nonattainment 
area, the 1997 Atlanta 8-hour Ozone Area was redesignated to attainment 
effective January 2, 2014, and fifteen counties in and around 
metropolitan Atlanta are currently in nonattainment for the 2008 8-hour 
ozone NAAQS.\6\ Thus, the CFFP is an applicable requirement, and the 
anti-backsliding requirements under 40 CFR 51.1105(a)(2) in EPA's 
implementation rules for the 2008 8-hour ozone NAAQS apply to the 
Atlanta Area. Pursuant to 40 CFR 51.1105(a)(2), a state may request 
that an applicable requirement under Sec.  51.1100(o) be moved to the 
list of maintenance plan contingency measures for the area in the 
state's implementation plan so long as compliance with CAA section 
110(l) and CAA section 193 (if applicable) is demonstrated.\7\
---------------------------------------------------------------------------

    \6\ See footnotes 2 and 3 for descriptions of the 1997 and 2008 
ozone nonattainment areas, respectively.
    \7\ Section 193 is a general savings clause pertaining to 
regulations, standards, rules, notices, orders, and guidance 
promulgated or issued prior to November 15, 1990. The CFFP was 
effective on May 22, 1994. Therefore, section 193 is not relevant to 
this action.
---------------------------------------------------------------------------

    Today, EPA is proposing to determine that Georgia's January 22, 
2014, SIP revision satisfies the anti-backsliding requirements of EPA's 
ozone implementation rules and the CAA section 110(l) requirements 
(discussed in detail below) and to move Georgia Rules 391-3-22-.01 
through .11 from the active portion of the Georgia SIP to the 
contingency measures portion of Georgia's maintenance plan in the SIP 
for the 1997 Atlanta 8-hour Ozone Area.

B. Consideration of Section 110(l) Requirements

    As noted above, the State must demonstrate that the requested 
change will satisfy section 110(l) of the CAA. 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 2000, EPA promulgated new tailpipe emissions standards (commonly 
referred to as the ``Tier 2 Rule'') for all passenger vehicles, 
including sport utility vehicles (SUVs), minivans, vans, and pick-up 
trucks. See 65 FR 6698 (February 10, 2000). This regulation marked the 
first time that SUVs and other light-duty trucks--even the largest 
passenger vehicles--were subject to the same national pollution 
standards as cars. The new tailpipe standards were set at an average 
standard of 0.07 grams per mile (gpm) for nitrogen oxides 
(NOX) for all classes of passenger vehicles beginning in 
2004-2007. For the heaviest light-duty trucks, the program provided a 
three step approach to reducing emissions. First, in 2004, EPA 
implemented standards not to exceed 0.6 gpm--a more than 60 percent 
reduction from current standards. Second, to ensure further progress, 
these vehicles were required to achieve an interim standard of 0.2 gpm 
phased-in between 2004-2007, an 80 percent reduction from current 
standards. Third, in the final step, half of these vehicles were 
required to meet the 0.07 standard in 2008, and the remaining were 
required to comply in 2009. Vehicles weighing between 8,500 and 10,000 
pounds had the option to take advantage of additional flexibilities 
during the 2004 to 2008 interim period.
    In 2001, EPA promulgated new tailpipe emissions standards (commonly 
referred to as the ``Heavy Duty Vehicle Rule'') for heavy duty trucks 
and buses.\8\ See 66 FR 5002 (January 18, 2001). In this regulation, 
EPA finalized a PM emissions standard for new heavy-duty engines of 
0.01 grams per brake-horsepower-hour (g/bhp-hr), to take full effect 
for diesels in the 2007 model year. EPA also finalized standards for 
NOX and non-methane hydrocarbons (NMHC) of 0.20 g/bhp-hr and 
0.14 g/bhp-hr, respectively. These NOX and NMHC standards 
were phased in together between 2007 and 2010, for diesel engines. The 
phase-in was based on a percent-of-sales: 50 percent from 2007 to 2009 
and 100 percent in 2010. Gasoline engines were subject to these 
standards based on a phase-in requiring 50 percent compliance in the 
2008 model year and 100 percent compliance in the 2009 model year. Both 
of the standards discussed above (Tier 2 Rule and Heavy Duty Vehicle 
Rule) reduce tailpipe emission significantly over the LEV standards.
---------------------------------------------------------------------------

    \8\ The Heavy Duty Vehicle Rule builds upon the ``phase 1 
program'' finalized on October 6, 2000 (65 FR 59896), that affirmed 
the 50 percent reduction in NOX emissions from 2004 model 
year highway diesel engines set in 1997 (62 FR 54693, October 21, 
1997) and set new emission standards for heavy-duty gasoline fueled 
engines and vehicles for 2005.
---------------------------------------------------------------------------

    EPA issued a memorandum on April 17, 2006, noting that after the 
CFFP requirement became law, EPA promulgated new vehicle emission 
standards (e.g., Tier 2 Rule and heavy-duty engine standards) that are 
generally more stringent, or equivalent to, the CFV emission standards 
for light-duty vehicles, light-duty trucks, and

[[Page 44017]]

heavy-duty vehicles and engines.\9\ The memorandum also stated that 
``[t]o meet the requirements of the Clean Fuel Fleet Program fleet 
managers can be assured that vehicles and engines certified to current 
Part 86 emission standards, which EPA has determined to be as or more 
stringent than corresponding CFV emission standards per the attached 
EPA Dear Manufacturer Letter meet the CFV emission standards and the 
CFFP requirements as defined in CFR part 88.'' Further reductions from 
these same vehicles will be achieved by EPA's newly promulgated Tier 3 
emission standards.\10\
---------------------------------------------------------------------------

    \9\ Memorandum from Leila H. Cook, EPA Transportation & Regional 
Programs Division, to Air Program Managers re: Clean Fuel Fleet 
Program Requirements (April 17, 2006). This memorandum superseded a 
July 2, 2004, memorandum from Leila H. Cook noting that the Tier 2 
standards are equivalent to or cleaner than earlier emission levels 
mandated by the CFFP. These memoranda are included with the State's 
SIP revision in the docket for this proposed action.
    \10\ ``Control of Air Pollution From Motor Vehicles: Tier 3 
Motor Vehicle Emission and Fuel Standards.'' See 79 FR 23414 (April 
28, 2014).
---------------------------------------------------------------------------

    In its SIP submission, GA EPD provided an independent analysis of 
the expected emission benefits of Tier 2 and heavy-duty engine 
standards over LEV standards.\11\ According to GA EPD's analysis, Tier 
2 NOX standards have a benefit over LEV ranging from 0.09 
gpm to 0.99 gpm on a per vehicle basis. With regard to the heavy-duty 
engine standards, GA EPD indicates that there is a benefit of 1.4 
grams/brake-horse power per hour for the combination of non-methane 
hydrocarbons and NOX on a per vehicle basis.
---------------------------------------------------------------------------

    \11\ See Table 1 of the Georgia's January 22, 2015, SIP 
revision.
---------------------------------------------------------------------------

    EPA has preliminarily determined that the removal of the Georgia 
CFFP will not interfere with attainment or reasonable further progress, 
or any other applicable requirement of the Act because the emission 
reductions that were generated by Georgia's CFFP have been overtaken by 
EPA's Tier 2 Rule and heavy-duty emissions standards. As discussed 
above, the vehicle emissions standards referenced in EPA's April 17, 
2006 memorandum have been fully implemented, thus ensuring that all new 
vehicle fleet purchases meet CFV standards.\12\
---------------------------------------------------------------------------

    \12\ In its January 22, 2015, SIP revision, GA EPD analyzed the 
annual reports submitted by the fleets for the model years 2001-2004 
and 2006 to determine the number of used vehicles purchased and the 
range of the model years. GA EPD determined that 98 percent of the 
vehicles purchased are new. Only 2 percent of vehicles are purchased 
as used. Out of the used vehicles purchased, 80 percent are 2004 and 
newer models. As a result, only 0.4 percent of vehicles purchased 
are older than the 2004 model year.
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to approve Georgia's January 22, 2015, SIP 
revision and move Georgia's CFFP rules (Georgia Rules 391-3-22-.01 
through .11) from the active portion of Georgia SIP to the contingency 
measures portion of Georgia's maintenance plan in the SIP for the 1997 
Atlanta 8-hour Ozone Area. EPA is proposing this approval because the 
Agency has made the preliminarily determination that Georgia's January 
22, 2015, SIP revision is consistent with the CAA and EPA's regulations 
and guidance.

V. 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 approves 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, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 14, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-18079 Filed 7-23-15; 8:45 am]
 BILLING CODE 6560-50-P

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