Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor Recovery Systems Requirements |
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Kenley McQueen
Environmental Protection Agency
28 February 2020
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11928-11931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04064]
[[Page 11928]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0496; FRL-10005-72-Region 6]
Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor
Recovery Systems Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a
revision to the Louisiana State Implementation Plan (SIP) submitted by
the State of Louisiana on May 30, 2019 that pertains to gasoline
dispensing facilities (GDFs) in the parishes of Ascension, East Baton
Rouge, Iberville, Livingston, West Baton Rouge, and Pointe Coupee. The
SIP revision proposed for approval would remove from the SIP the
requirement to install Stage II vapor recovery systems and include the
requirements for the decommissioning of existing Stage II equipment at
GDFs in these areas.
DATES: Written comments must be received on or before March 30, 2020.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0496, at https://www.regulations.gov/ or via email to
jacques.wendy@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The 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. The 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, please contact Wendy Jacques, 214-665-
7395, jacques.wendy@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Wendy Jacques, EPA Region 6 Office,
Infrastructure & Ozone section, 1201 Elm Street, Suite 500, Dallas, TX
75270, 214-665-7395, jacques.wendy@epa.gov. To inspect the hard copy
materials, please schedule an appointment with Ms. Jacques or Mr. Bill
Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
Ozone is a gas composed of three oxygen atoms. Ground-level ozone
is generally not emitted directly from a vehicle's exhaust or an
industrial smokestack but is created by a chemical reaction between
nitrogen oxides (NOX) and volatile organic compounds (VOC)
in the presence of sunlight and high ambient temperatures. (VOC and
NOX emissions often are referred to as ``precursors'' to
ozone formation.) Thus, ozone is known primarily as a summertime air
pollutant. Motor vehicle exhaust and industrial emissions, gasoline
vapors, chemical solvents and natural sources emit NOX and/
or VOC. Urban areas tend to have high concentrations of ground-level
ozone, but areas without significant industrial activity and with
relatively low vehicular traffic are also subject to increased ozone
levels because wind carries ozone and its precursors hundreds of miles
from their sources. In 1979, under section 109 of the CAA, the EPA
established the primary and secondary National Ambient Air Quality
Standards (NAAQS) for ozone at 0.12 parts per million (ppm) averaged
over a 1-hour period (44 FR 8202, February 8, 1979). In 1997, we
revised the primary and secondary NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour
period (62 FR 38856, July 18, 1997). In 2008, we further revised the
primary and secondary ozone NAAQS to 0.075 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008). In 2015, we again revised the
primary and secondary ozone NAAQS to 0.070 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008). For additional information on
ozone, visit https://www.epa.gov/ozone-pollution.
Stage II Vapor Recovery is an air pollution control technology for
automobiles. When an automobile or other vehicle is brought into a gas
station to be refueled, the empty portion of the gas tank on the
vehicle contains gasoline vapors, which are VOCs. When liquid gasoline
is pumped into the partially empty gas tank the vapors are forced out
of the tank as the tank fills with liquid gasoline. Where air pollution
control technology is not used, these vapors are emitted into the air.
In the atmosphere, these VOCs can, in the presence of sunlight, react
with NOX and VOCs from other sources to form ozone. The
Stage II system consists of special nozzles and coaxial hoses at each
gas pump that capture vapor from the vehicle's fuel tank and route them
to underground or aboveground storage tank(s) during the refueling
process.
Onboard refueling vapor recovery (ORVR) is another emission control
system that can capture fuel vapors from vehicle gas tanks during
refueling. As stated, Stage II vapor recovery systems are specifically
installed at gasoline dispensing facilities and capture the refueling
fuel vapors at the gasoline pump nozzle. The system carries the vapors
back to the underground storage tank at the gasoline dispensing
facility to prevent the vapors from escaping to the atmosphere. ORVR
systems are carbon canisters installed directly on automobiles to
capture the fuel vapors evacuated from the gasoline tank before they
reach the nozzle. The fuel vapors captured in the carbon canisters are
then combusted in the engine when the automobile is in operation.
Stage II vapor recovery systems and vehicle ORVR systems were
initially both required by the 1990 Amendments to the CAA. Under CAA
Section 182(b)(3) ozone nonattainment areas classified as moderate and
above were required to adopt Stage II requirements with the goal of the
technology being implemented on all gas stations by November 1994. CAA
section 202(a)(6), requires an onboard system of capturing vehicle
refueling emissions, commonly referred to as an ORVR system. In 1994,
EPA promulgated ORVR standards (59 FR 16262 (April 6, 1994)). Section
202(a)(6) of the CAA required that the EPA's ORVR standards apply to
light-duty vehicles manufactured beginning in the fourth model year
after the model year in which the standards were promulgated, and that
ORVR systems provide a minimum evaporative emission capture efficiency
of 95
[[Page 11929]]
percent.\1\ ORVR equipment has been phased in for new light duty
vehicles (passenger vehicles) beginning with model year 1998 and
starting with model year 2001 for light-duty trucks and most heavy-duty
gasoline powered vehicles. Since 2006, ORVR has been a required
emissions control on nearly all new gasoline-powered highway vehicles
having less than 14,000 pounds gross vehicle weight rating. CAA section
202(a)(6) provides discretionary authority to the Administrator, by
rule, the ability to revise or waive the application of the Stage II
requirements for areas classified as Serious, Severe, or Extreme for
ozone, as appropriate, after such time as the Administrator determines
that onboard emissions control systems are in widespread use throughout
the motor vehicle fleet.
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\1\ Unlike Stage II, which is a requirement only in ozone
nonattainment areas, ORVR requirements apply to vehicles everywhere.
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On May 16, 2012, EPA issued a national rulemaking making the
finding that Stage II systems are in ``widespread use'' and determined
that emission reductions from ORVR alone are essentially equal to and
will soon surpass the emission reductions achieved by Stage II alone
(see 77 FR 28772 at 28772). In the May 16, 2012 action, we noted that
each year, non-ORVR-equipped vehicles continue to be replaced with
ORVR-equipped vehicles and Stage II and ORVR systems capture the same
VOC emissions and thus, are redundant. Id. EPA also determined that
ORVR systems are in widespread use and waived the Stage II requirement
for GDFs if doing so did not interfere with attaining or maintaining
the ozone standards. Id. at 28776-287789. EPA also noted that any state
currently implementing Stage II vapor recovery programs may submit SIP
revisions that would allow for the phase-out of Stage II vapor recovery
systems including a CAA section 110(l) analysis showing that its
removal did not interfere with attaining or maintaining the ozone
standards. Id.
The Baton Rouge ozone area, consisting of Ascension, East Baton
Rouge, Iberville, Livingston, and West Baton Rouge Parishes, was
designated as nonattainment under the 1-hour ozone NAAQS (56 FR 56694
(November 6, 1991)), the 1997 8-hour ozone NAAQS (69 FR 23857 (April
30, 2004)) and the 2008 8-hour ozone NAAQS (77 FR 30088 (May 21,
2012)). The Baton Rouge ozone area was subject to Stage II under the
1990 Clean Air Act Amendments as it was classified as Serious
nonattainment for the 1-hour NAAQS for ozone. In 1994, EPA approved the
Louisiana Stage II SIP (59 FR 14112 (March 25, 1994)) that required
owners and operators of GDFs to install and operate Stage II vapor
recovery equipment in the Louisiana 1-hour ozone nonattainment area.
The Baton Rouge ozone area was found to be attaining the 1-hour ozone
NAAQS on February 10, 2010 (75 FR 6570), and was redesignated as
attainment for the 1997 8-hour ozone NAAQS on November 20, 2011 (76 FR
7400) and the 2008 8-hour ozone NAAQS on December 27, 2016, (81 FR
95051). Under the 2015 ozone NAAQS, all of Louisiana is designated as
attainment/unclassifiable (82 FR 54232 (November 16, 2017) and 83 FR
25776 (June 4, 2018)).
The Stage II vapor recovery requirements also apply to Pointe
Coupee Parish despite EPA's 1997 removal of Pointe Coupee Parish from
the Baton Rouge ozone area and Pointe Coupee's attainment determination
for the 1-hour ozone NAAQS. This was due to EPA's prior inclusion of
Point Coupee Parish as part of the Baton Rouge 1-hour ozone
nonattainment area in 1991 and EPA's approval of the Louisiana Stage II
SIP in 1994 (59 FR 14112 (March 25, 1994)).\2\
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\2\ In 1991, Pointe Coupee Parish originally was included in the
Baton Rouge 1-hour ozone nonattainment area (56 FR 5694 (November 6,
1991)). In 1997, we later removed Pointe Coupee Parish from the
Baton Rouge ozone nonattainment area because it was not part of the
Baton Rouge Consolidated Metropolitan Statistical Area (CMSA), and
since it was no longer part of the Baton Rouge ozone area, we
corrected its classification to Marginal, redesignated Pointe Coupee
Parish to attainment for the 1-hour ozone NAAQS, and approved the
Maintenance Plan, all in the same Federal Register Notice at 62 FR
648 (January 6, 1997). The State, however, did not submit a SIP
revision to remove the Stage II requirement from the SIP until May
2019.
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To determine whether we can approve the SIP revision, we must
evaluate the impact of removing the Stage II vapor recovery
requirements for the Baton Rouge ozone area which includes the
Louisiana parishes of Ascension, East Baton Rouge, Iberville,
Livingston, and West Baton Rouge as well as Pointe Coupee. (We
hereinafter refer to the parishes within the Baton Rouge ozone area and
Pointe Coupee Parish as ``the 6-Parish Area.'').
II. Louisiana's SIP Revision
On May 30, 2019, Louisiana submitted revisions to Title 33 of the
Louisiana Air Code, Part III, Chapter 21 (denoted LAC 33:III.2132) and
corresponding revisions to the Louisiana Stage II Vapor Recovery SIP.
In their SIP submittal, Louisiana demonstrated that emissions
reductions from ORVR systems are estimated to be negligibly less than
those from Stage II systems at GDFs, but that the air quality would not
be negatively affected by the removal of Stage II equipment. Because of
these two demonstrations, Louisiana requested the withdrawal of Stage
II vapor recovery systems requirements for the 6-Parish Area from the
SIP.
The revisions to the SIP describe the continued applicability of
Stage II requirements until the operator of the GDF completes the
decommissioning of the Stage II system; the requirement of the operator
of the GDF to submit written notification to the Louisiana Department
of Environmental Quality (LDEQ) of its intent to decommission Stage II
equipment at least 30 calendar days prior to beginning any
decommissioning activity; the requirement that technicians that have
appropriate training and certification may perform the Stage II
decommissioning procedure; the requirement that the operator shall
notify LDEQ in writing no later than 10 days after completion of all
decommissioning activities; and the requirement for the GDF to maintain
all documents related to the decommissioning onsite at least 4 years
and make such documents available upon request. All decommissioning
activity must be completed within 30 days after the start date. Any
existing GDF in Louisiana shall complete the decommissioning of the
Stage II equipment within 18 months of EPA's final approval of this
proposed rule. The revisions to the SIP also include a demonstration
that the removal of Stage II equipment in the 6-Parish Area is
consistent with section 110(l) of the Act.
III. EPA's Evaluation of the Revision
EPA's primary consideration for determining the approvability of
Louisiana's revisions to remove Stage II vapor control requirements and
provide for decommissioning of all Stage II equipment in the 6-Parish
Area is whether these revisions comply with section 110(l) of the Act.
Section 110(l) requires that a revision to the SIP not interfere with
any applicable requirement concerning attainment and reasonable further
progress (RFP), or any other applicable requirement of the Act. The EPA
can approve a SIP revision that removes or modifies control measures in
the SIP once the state makes a ``noninterference'' demonstration that
such removal or modification will not interfere with attainment of the
NAAQS, RFP or any other CAA requirement. Louisiana must make a
demonstration of noninterference in the parishes of Ascension, East
Baton Rouge, Iberville,
[[Page 11930]]
Livingston, Pointe Coupee, and West Baton Rouge in order to remove the
Stage II requirements from its SIP.
EPA has reviewed Louisiana's submittal, which specifically revised
LAC 33:III.2132 subsections B-F and J, as well as the accompanying SIP
narrative, and has concluded that Louisiana's May 30, 2019, SIP
revision addresses the EPA's Widespread Use for Onboard Refueling Vapor
Recovery and Stage II Waiver (77 FR 28772) and is consistent with EPA's
``Guidance on Removing Stage II Gasoline Vapor Control Programs from
State Implementation Plans and Assessing Comparable Measures'' (EPA-
457/B-12-001 (August 7, 2012)).\3\ In accordance with EPA's Guidance on
Removing Stage II, Louisiana submitted a demonstration that the Stage
II decommissioning will not interfere with attainment or maintenance of
the ozone NAAQS, included the requirements for the decommissioning of
Stage II vapor recovery equipment, and included the analysis of VOC
emission impacts from removal of Stage II controls at GDFs located in
the 6-Parish Area. Louisiana estimated using the guidance methodologies
from the August 2012 guidance memo referenced above that the VOC
emissions would minimally increase. LDEQ estimated the impact on
emissions from decommissioning Stage II in the 6-Parish Area by using
EPA approved equations from the same 2012 guidance, to assess
compliance with CAA 110(l). The equations used were two values of Stage
II vapor recovery system efficiencies (60 percent and 75 percent), and
two representative fleet age distributions (2010 and 2017). The
analyses indicated that by 2017, the removal of Stage II vapor recovery
systems would result in a minimal increase in VOC emissions that ranges
from 0.02 to 0.09 tons per day (tpd) distributed over the 6-Parish
Area.
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\3\ The guidance document is available at: https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807_page_stage2_removal_guidance.pdf.
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This minimal increase in VOC emissions from the 6-Parish Area is
negligible when comparing the 0.02 to 0.09 tpd with the total amount of
VOCs from all anthropogenic sources in the Baton Rouge ozone area. In
the current Baton Rouge ozone area maintenance plan, VOC emissions were
calculated to be 145.5 tpd in 2011, and projected to be 141.2 tpd in
2022 and 140.8 tpd in 2027 (83 FR 16017 at 16019, (April 13, 2018)).\4\
In addition, LDEQ indicated in their SIP submittal that ozone formation
has been found in past photochemical modeling exercises in the 6-Parish
Area to be driven by changes in NOX emissions, rather than
VOC emissions. LDEQ indicated that ozone impacts were expected to be
negligible from the increases in VOCs and included a reference to a
prior modeling analysis that LDEQ had contracted Environ and ERG to
perform in 2013.\5\ The modeling analysis reduced all man-made VOCs in
Louisiana by 30% in the 2017 Future Year modeling, which equated to a
decrease of 45 tpd in the 6-Parish Area subject to Stage II. Removal of
45 tpd resulted in reductions of only 0 to 1 ppb in the 2017 Future
Year Design Value.\6\ We have reviewed this modeling and concur with
LDEQ's assessment in their referenced report, that the 6-Parish Area
typically responds to NOX emission changes and not VOC
emission changes.\7\ Given that (1) the projected increase in VOC
emissions is extremely small (<0.1 tpd) when compared to all the
anthropogenic VOC emissions in the area and (2) ozone formation in the
area has been found to be predominantly driven by changes in
NOX emissions rather than VOC emissions, we believe that
removal of Stage II vapor recovery systems would have a negligible
impact on ozone levels.
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\4\ EPA's proposed approval of Baton Rouge 2008 8-hour ozone
NAAQS maintenance plan: 83 FR 16017 (April 13, 2018); EPA's final
action: 83 FR 24226 (5/25/18). The State's submittal, Federal
Register actions, and TSD to that action, are incorporated by
reference into this action. See Docket number EPA-R06-OAR-2018-1111.
\5\ See LDEQ SIP pages 17 & 22. ENVIRON and ERG, 2013.
``Technical Support Document: Photochemical Modeling for the
Louisiana 8-hour Ozone State Implementation Plan.'' Prepared by
Environ International Corporation, Novato, CA, and Eastern Research
Group, Inc., Rancho Cordova, CA, for the Louisiana Department of
Environmental Quality, Baton Rouge, LA (August 2013); pdf pages 152-
158. This document is in the docket as EPA-R06-OAR-2019-0496.
\6\ Id. and
``EPA_Analysis_of_Environ_2013_Modeling_Report.xlsx'' This document
is in the docket as EPA-R06-OAR-2019-0496.
\7\ See. ``Technical Support Document: Photochemical Modeling
for the Louisiana 8-hour Ozone State Implementation Plan.'' Prepared
by Environ International Corporation, Novato, CA, and Eastern
Research Group, Inc., Rancho Cordova, CA, for the Louisiana
Department of Environmental Quality, Baton Rouge, LA (August 2013);
pdf pages 152-158. This document is in the docket as EPA-R06-OAR-
2019-0496.
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In addition, the removal of Stage II is consistent with the current
maintenance plan for the Baton Rouge ozone area for the 2008 8-hour
ozone NAAQS (83 FR 24226 (May 25, 2018)) and the maintenance plan for
Pointe Coupee Parish (78 FR 27058 (May 9, 2013)). The approved, revised
maintenance plan for the redesignated Baton Rouge area demonstrates
attainment of the 2008 8-hour ozone NAAQS through 2027.\8\ This
approved maintenance plan for the five parishes estimates VOC emissions
for 2027 to be 140.8 tpd. Assuming a maximum increase of 0.09 tpd VOC
due to removal of Stage II vapor recovery requirements, the estimated
VOC emissions for 2027 would be 140.8 + 0.09 = 140.89 tpd. Should the
VOC emissions reach the maximum estimate of 140.89 tpd, they would
still be less than the 2011 base year emissions of 144.1 tpd and thus,
a maximum increase of 0.09 tpd VOC emissions is consistent with the
maintenance plan for the area and would not interfere with the
attainment or maintenance of the 2008 NAAQS in the five parishes.
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\8\ In the approved maintenance plan, https://www.govinfo.gov/content/pkg/FR-2018-05-25/pdf/2018-11217.pdf, the VOC emissions for
2027 are estimated to be 140.8 tpd, which are lower than the 2011
base year emissions of 144.1 tpd. The State's submittal, Federal
Register actions, and TSD to that action, are incorporated by
reference into this action. See Docket number EPA-R06-OAR-2018-0111.
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For Pointe Coupee Parish, we approved a maintenance plan for the
1997 8-hour ozone standard on May 9, 2013 (78 FR 27058). This
maintenance plan demonstrates attainment through 2014. The maintenance
plan estimates VOC emissions for 2014 as 7.66 tpd. Assuming a maximum
increase of 0.09 tpd VOC due to removal of Stage II vapor recovery
requirements, the estimated VOC emissions for 2014 would be 7.66 + 0.09
= 7.75 tpd. Should the VOC emissions reach the maximum estimate of 7.75
tpd, they would still be less than the 2002 base year emissions of 8.63
tpd and thus, a maximum increase of 0.09 tpd VOC emissions is
consistent with the maintenance plan and would not interfere with the
attainment or maintenance of the 1997 8-hour NAAQS in this parish.\9\
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\9\ In the approved maintenance plan, https://www.govinfo.gov/content/pkg/FR-2013-05-09/pdf/2013-10832.pdf, the VOC emissions for
2014 are estimated to be 7.66 tpd, which are lower than the 2002
base year emissions of 8.63 tpd. The State's submittal, Federal
Register actions, and TSD are incorporated by reference into this
action. See Docket number EPA-R06-OAR-2007-0206.
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For the 2015 ozone standard, all six parishes are designated
attainment/unclassifiable. As noted above, we believe that removal of
Stage II vapor recovery systems would have a negligible impact on ozone
levels and the small increase is consistent with the 2008 ozone
maintenance plan for the Baton Rouge area and the 1997 8-hour
maintenance plan for Pointe Coupee Parish. Thus, approval of the SIP
revision would not interfere with any applicable requirement concerning
attainment and maintenance of any ozone standard and is compliant with
CAA section 110(l).
[[Page 11931]]
IV. Proposed Action
The EPA is proposing to approve revisions to the Louisiana SIP that
control emissions of VOCs and pertain to the removal of Stage II vapor
recovery equipment submitted on May 30, 2019. Specifically, we are
proposing to approve revisions to subsections B-F and J within LAC
33:III.2132 that remove from the SIP, the requirement for Stage II from
the six parishes of Ascension, East Baton Rouge, Iberville, Livingston,
Pointe Coupee, and West Baton Rouge and related revisions that address
the removal of Stage II equipment. We are proposing to find that the
SIP demonstrates that the removal of Stage II equipment in the six
parishes meets section 110(l) of the Act.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Louisiana regulations as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and in hard copy at the EPA Region 6 office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 CAA. Accordingly, this
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 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 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 proposed 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, Ozone, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 20, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-04064 Filed 2-27-20; 8:45 am]
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