67366 Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations 

(iv) * * * 

(A) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(iv)(A). 

* * * * * 

(C) [Reserved]. For further guidance, 

see § 301.7701–2T(c)(2)(iv)(C). 

* * * * * 

■ Par. 9. Section 301.7701–2T is revised 

to read as follows: 

§ 301.7701–2T Business entities; 

definitions (temporary). 

(a) through (c)(2)(iv) [Reserved]. For 

further guidance, see § 301.7701–2(a) 

through (c)(2)(iv). 

(A) In general. Section § 301.7701– 

2(c)(2)(i) (relating to certain wholly 

owned entities) does not apply to taxes 

imposed under Subtitle C—Employment 

Taxes and Collection of Income Tax 

(Chapters 21, 22, 23, 23A, 24 and 25 of 

the Internal Revenue Code). However, 

§ 301.7701–2(c)(2)(i) does apply to 

withholding requirements imposed 

under section 3406 (backup 

withholding). The owner of a business 

entity that is disregarded under 

§ 301.7701–2 is subject to the 

withholding requirements imposed 

under section 3406 (backup 

withholding). Section 301.7701– 

2(c)(2)(i) also applies to taxes imposed 

under Subtitle A, including Chapter 2— 

Tax on Self-Employment Income. The 

owner of an entity that is treated in the 

same manner as a sole proprietorship 

under § 301.7701–2(a) will be subject to 

tax on self-employment income. 

(B) [Reserved]. For further guidance, 

see § 301.7701–2(c)(2)(iv)(B). 

(C) Exceptions. For exceptions to the 

rule in § 301.7701–2(c)(2)(iv)(B), see 

sections 31.3121(b)(3)–1(d), 31.3127– 

1(c), and 31.3306(c)(5)–1(d). 

(D) through (e)(4) [Reserved]. For 

further guidance, see § 301.7701– 

2(c)(2)(iv)(D) through (e)(4). 

(5) Paragraphs (c)(2)(iv)(A) and 

(c)(2)(iv)(C) of this section apply to 

wages paid on or after November 1, 

2011. For rules that apply to paragraph 

(c)(2)(iv)(A) of this section before 

November 1, 2011, see 26 CFR part 301 

revised as of April 1, 2009. However, 

taxpayers may apply paragraphs 

(c)(2)(iv)(A) and (c)(2)(iv)(C) of this 

section to wages paid on or after January 

1, 2009. 

(e)(6) through (e)(7) [Reserved]. For 

further guidance, see § 301.7701–2(e)(6) 

through (e)(7). 

(8) Expiration Date. The applicability 

of paragraphs (c)(2)(iv)(A) and 

(c)(2)(iv)(C) of this section expires on or 

before [October 31, 2014]. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: November 19, 2010. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2011–28176 Filed 10–31–11; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0382; FRL–9477–4] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and 

Sacramento Metro Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and Sacramento Metro Air 

Quality Management District 

(SMAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) emissions from industrial, 

institutional and commercial boilers, 

stationary internal combustion engines 

and water heaters. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on January 

3, 2012 without further notice, unless 

EPA receives adverse comments by 

December 1, 2011. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0382, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

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 http://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 http:// 

www.regulations.gov or email. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and 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 EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://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: 

Idalia Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations 67367 

adopted or amended by the local air agency and submitted by the California 

Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/ 

Amended Submitted 

PCAPCD .......................... 231 Industrial, Institutional and Commercial Boiler, Steam Generator 

and Process Heaters.

10/09/97 03/17/09 

PCAPCD .......................... 242 Stationary Internal Combustion Engines ....................................... 04/10/03 12/07/10 

PCAPCD .......................... 246 Natural Gas-Fired Water Heaters ................................................. 06/19/97 12/07/10 

SMAQMD ......................... 414 Water Heaters, Boilers and Process Heaters Rated Less Than 

1,000,000 BTU per hour.

03/25/10 04/05/11 

On April 20, 2009, EPA determined 

that the submittal for PCAPCD Rule 231 

met the completeness criteria in 40 CFR 

part 51 appendix V, which must be met 

before formal EPA review. On January 

13, 2011, EPA determined that the 

submittal for PCAPCD Rules 242 and 

246 met the completeness criteria in 40 

CFR part 51 appendix V, which must be 

met before formal EPA review. On May 

6, 2011, EPA determined that the 

submittal for SMAQMD Rule 414 met 

the completeness criteria in 40 CFR part 

51 appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

Rules 231, 242 and 246 in the SIP. The 

PCAPCD adopted an earlier version of 

Rule 231 on October 17, 1994, and 

CARB submitted it to us on October 19, 

1994 but it was later withdrawn. We 

approved an earlier version of 

SMAQMD Rule 414 into the SIP on 

April 20, 1999 (64 FR 19277). 

C. What is the purpose of the submitted 

rules? 

NOX helps produce ground-level 

ozone, smog and particulate matter, 

which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations 

that control NOX emissions. Rule 231 

limits emission of NOX and carbon 

monoxide (CO) from boilers, steam 

generators and process heaters fueled on 

liquid or gas fuels that are 5 MMBtu/ 

hour or larger. Rule 242 regulates 

emissions of NOX and CO from internal 

combustion engines with a rated brake 

horse power of 50 or greater. Rule 246 

limits NOX emissions from natural gas 

water heaters rated below 75,000 btu/ 

hour. Rule 414 limits NOX and CO 

emissions from boilers rated below 1 

MMBtu/hour. EPA’s technical support 

documents (TSD) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each NOX or VOC major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)), and must 

not relax existing requirements in 

violation of CAA sections 110(l) and 

193. SIP rules must also implement 

Reasonably Available Control Measures 

(RACM), including such reductions in 

emissions from existing sources in the 

area as may be obtained through the 

adoption, at a minimum, of reasonably 

available control technology (RACT), as 

expeditiously as practicable for 

nonattainment areas (see CAA section 

172(c)(1)). The PCAPCD and SMAQMD 

regulate ozone nonattainment areas 

classified as severe for the 8-hour ozone 

NAAQS (40 CFR 81.305), so Rules 231, 

242, 246 and 414 must fulfill RACT and 

RACM for NOX. 

Guidance and policy documents that 

we use to evaluate enforceability, RACT 

and RACM requirements consistently 

include the following: 

1. ‘‘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); 57 FR 18070 

(April 28, 1992). 

2. ‘‘State Implementation Plans; 

Nitrogen Oxides Supplement to the 

General Preamble; Clean Air Act 

Amendments of 1990 Implementation of 

Title I; Proposed Rule,’’ (the NOX

Supplement), 57 FR 55620, November 

25, 1992. 

3. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

4. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

5. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Industrial, Institutional, and 

Commercial Boilers, Steam Generators, 

and Process Heaters’’, CARB (July 18, 

1991). 

6. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Industrial/Commercial/Institutional 

(ICI) Boilers’’, US EPA 453/R–94–022 

(March 1994). 

7. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Utility 

Boilers’’, US EPA 452/R–93–008 (March 

1994). 

8. ‘‘Alternative Control Techniques 

Document—NOX Emissions from 

Stationary Reciprocating Internal 

Combustion Engines’’, US EPA 453/R– 

93–032 (July 1993). 

9. ‘‘Determination of Reasonably 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Stationary Spark-Ignited Internal 

Combustion Engines’’, CARB (November 

2001). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. We are not evaluating the 

RACM requirement in this action but 

believe that PCAPCD and SMAQMD are 

required to evaluate any reasonably 

available control measures for the 

sources covered by these rules. We 

believe Rule 231 implements RACT. We 

believe there are no sources subject to 

Rule 242 that exceed the major source 

threshold (25 tpy), thus it is not 

required to meet RACT for NOX. For this 

reason, we are not making a 

determination on RACT for Rule 242 in 

this action. Rules 246 and 414 are not 

subject to RACT requirements because 

they are applicable to sources that are 

too small to exceed the major source 

threshold. The TSDs have more 

information on our evaluation. 

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67368 Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by December 1, 2011, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on January 3, 

2012. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this 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 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 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 3, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: September 28, 2011. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(363)(i)(D), 

(388)(i)(D)(2), and (389)(i)(B)(2) and (3) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) * * * 

(i) * * * 

(D) Placer County Air Pollution 

Control District. 

(1) Rule 231, ‘‘Industrial, Institutional 

and Commercial Boiler, Steam 

Generator and Process Heaters,’’ 

amended on October 9, 1997. 

* * * * * 

(388) * * * 

(i) * * * 

(D) * * * 

(2) Rule 414, ‘‘Water Heaters, Boilers 

and Process Heaters Rated Less Than 

1,000,000 BTU per hour,’’ amended on 

March 25, 2010. 

* * * * * 

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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations 67369 

(389) * * * 

(i) * * * 

(B) * * * 

(2) Rule 242, ‘‘Stationary Internal 

Combustion Engines,’’ adopted on April 

10, 2003. 

(3) Rule 246, ‘‘Natural Gas-Fired 

Water Heaters,’’ adopted on June 19, 

1997. 

* * * * * 

[FR Doc. 2011–28246 Filed 10–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0356; FRL–9479–3] 

Revisions to the California State 

Implementation Plan, Joaquin Valley 

Unified Air Pollution Control District 

and Imperial County Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and Imperial County Air 

Pollution Control District (ICAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on June 3, 2011 and concern 

volatile organic compound (VOC) 

emissions from Motor Vehicle 

Assembly, Metal Parts and Products, 

Plastic Parts and Products and Pleasure 

Crafts, Aerospace Operations and 

Automotive Refinishing Operations. We 

are approving local rules that regulate 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on December 1, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0356 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(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: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 3, 2011 (FR 32113), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD .......................... 4602 Motor Vehicle Assembly Coatings ............................................................ 9/17/09 5/17/10 

SJVUAPCD .......................... 4603 Surface Coating of Metal Parts and Products, Plastic Parts and Products and Pleasure Crafts.9/17/09 5/17/10 

ICAPCD ............................... 425 Aerospace Coating Operations ................................................................. 2/23/10 7/20/10 

ICAPCD ............................... 427 Automotive Refinishing Operations ........................................................... 2/23/10 7/20/10 

We proposed to approve these rules 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the rules 

and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 

30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving these rules 

into the California SIP. 

IV. 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, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this 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 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 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

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