Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52891 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0120; FRL–8968–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Carbon Monoxide Maintenance Plan 

Updates; Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Indiana Department of 

Environmental Management (IDEM) 

submitted Carbon Monoxide (CO) 

‘‘Limited Maintenance Plan’’ updates 

for Lake and Marion Counties on 

January 12, 2009. These Limited 

Maintenance Plans demonstrate 

continued attainment of the CO 

National Ambient Air Quality Standard 

(NAAQS) for Lake and Marion counties 

for an additional ten years. EPA is, 

therefore, approving it into Indiana’s 

State Implementation Plan (SIP). 

DATES: This direct final rule will be 

effective December 14, 2009, unless EPA 

receives adverse comments by 

November 16, 2009. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0120, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office 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–R05–OAR–2009– 

0120. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. 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 e-mail 

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 viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Why did the State make this submittal to 

EPA? 

II. What is a Limited Maintenance Plan? 

III. What is EPA’s analysis of the submittal? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Why did the State make this 

submittal to EPA? 

On December 21, 1999, the State of 

Indiana submitted redesignation 

requests and limited CO maintenance 

plans for the Lake County (East Chicago) 

and Marion County (Indianapolis) CO 

nonattainment areas. EPA subsequently 

approved the redesignation request and 

limited maintenance plans for CO 

attainment in Lake and Marion Counties 

on January 19, 2000 (65 FR 2883). 

Section 175A of the Clean Air Act 

(CAA) sets forth the elements of a 

maintenance plan for areas seeking 

redesignation from nonattainment to 

attainment. The plan must demonstrate 

continued attainment of the applicable 

NAAQS for at least ten years after EPA 

approves a redesignation to attainment. 

Eight years after the redesignation, the 

State must submit a revised 

maintenance plan which demonstrates 

attainment for the ten years following 

the initial ten year period. 

As part of the original redesignation 

request and limited CO maintenance 

plan, IDEM committed to review, and 

revise its limited maintenance plan 

eight years after the areas were 

redesignated to attainment of the CO 

standard, as required by section 175A(b) 

of the CAA. On January 12, 2009, 

Indiana satisfied its commitment by 

submitting a revision to its SIP to 

update the limited CO maintenance 

plans for both the Lake County and 

Marion County CO attainment areas. 

The update to the limited CO 

maintenance plan for Lake County and 

Marion County supplements, and does 

not replace, the original approved 

maintenance plans. The commitments 

in the approved maintenance plans 

continue to apply for a second 10 year 

period. 

A. Has public notice been provided? 

Indiana published a public notice on 

November 19, 2008, for the limited 

maintenance plan update for the Lake 

and Marion Counties CO attainment 

areas. No public comments were 

received during the 30-day comment 

period ending on December 19, 2008. 


jlentini on DSKJ8SOYB1PROD with RULES
52892 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

B. Geographic Boundaries 

The CO maintenance areas are much 

smaller than Lake County and Marion 

County, respectively. The following is a 

brief description of the two maintenance 

counties included in this update. 

Lake County 

Lake County is located in northwest 

Indiana. The Lake County CO 

maintenance area is in the City of East 

Chicago (area bounded by Columbus 

Drive on the north, the Indiana Harbor 

Canal on the west, 148th St., if 

extended, on the south and Euclid 

Avenue on the east). 

Marion County 

Marion County is located in central 

Indiana, and is part of the Indianapolis 

metropolitan area. However, only a 

small area located in the center of 

Marion County, bounded by 11th St. on 

to the north, Capitol Avenue to the west, 

Georgia Street to the south and 

Delaware to the east is classified as 

maintenance for CO. 

II. What is a Limited Maintenance 

Plan? 

‘‘Limited Maintenance Plans’’ are 

applicable in certain areas that EPA had 

formerly designated as nonclassifiable 

and nonattainment for CO. As discussed 

in an October 6, 1995, memorandum 

entitled ‘‘Limited Maintenance Plan 

Option for Nonclassifiable CO 

Nonattainment Areas,’’ EPA will 

consider the maintenance 

demonstration satisfied if the design 

value (the second highest 8-hour nonoverlapping monitored value) is at or 

below 7.65 parts per million (ppm), or 

85 percent of the level of the eight hour 

CO NAAQS of 9.0 ppm. The design 

value must be based on eight 

consecutive quarters of data. For such 

areas, there is no requirement to project 

emissions of air quality over the 

maintenance period. EPA believes that 

if the area begins the maintenance 

period at, or below, 85 percent of the CO 

8-hour NAAQS, then the applicability of 

Prevention of Significant Deterioration 

(PSD) requirements, the control 

measures already in the SIP, and 

Federal measures should provide 

adequate assurance of maintenance over 

the ten year maintenance period. In 

addition, the design value for the area 

must continue to be at or below 7.65 

ppm until the time of final EPA action. 

The core provisions that are required 

in a limited maintenance plan for CO 

are: an attainment emissions inventory, 

a maintenance demonstration (which is 

satisfied by the air quality 

demonstration described in the previous 

paragraph), continued operation of an 

EPA approved CO monitoring network, 

a contingency plan, and a 

demonstration of transportation 

conformity. Each of these components 

has been adequately addressed by in 

IDEM’s submittal. 

III. What is EPA’s Analysis of the 

submittal? 

Attainment/Emission Inventory 

The State is required to develop an 

attainment emission inventory to 

identify a level of emissions in the area 

which is sufficient to attain the CO 

NAAQS. In its submittal, IDEM 

provided a comprehensive emission 

inventory of major sources permitted in 

Lake and Marion Counties from the 

original maintenance plan’s emissions 

(1997) compared to the most recent 

emissions inventory (2006). The State 

demonstrated that the CO emissions 

from major sources in Lake County and 

Marion County have decreased by 

2,126.86 tons per year, and 22,679.12 

tons per year, respectively, from 1997 to 

2006. This decrease can be attributed to 

a number of factors, including Federally 

mandated programs, closings of 

permitted stationary sources, and 

source-specific operating provisions. 

By opting to comply with the 

requirements of the limited 

maintenance plan option, IDEM is not 

required to project CO emissions for 

Lake and Marion Counties as part of the 

updates to these limited maintenance 

plans. 

Maintenance Demonstration 

To qualify for the limited CO 

maintenance plan option, the CO design 

value for the area (the second highest 

eight hour non-overlapping monitored 

value), based on eight consecutive 

quarters (2 years of data) must be at or 

below, 7.65 ppm, or 85 percent of the 

level of the eight hour CO NAAQS. To 

assess whether the area meets the 

applicability cutoff for the limited 

maintenance plan, a separate design 

value must be developed for every 

monitoring site. The highest of these 

design values is the design value for the 

whole area. 

In Lake County, there is one 

monitoring site collecting CO data for 

maintenance of the CO NAAQS located 

at the East Chicago Post Office. The 

2007 eight hour CO design value for the 

monitor in Lake County area is 3.0 ppm. 

In Marion County, there are two CO 

monitoring sites in operation, one 

located at 50 North Illinois Street, and 

one at the Naval Avionics Center. The 

2007 eight hour CO design values for 

these two monitors are 3.6 ppm (North 

Illinois Street), and 2.1 ppm (Naval 

Avionics Center). This makes the 

Marion County CO maintenance area’s 

design value 3.6 ppm. The CO design 

values for Lake and Marion Counties are 

presented in the table below. 

CURRENT CO DESIGN VALUE FOR LAKE AND MARION COUNTIES

Site ID County Site name Year 

1st Max 

8-hour 

(ppm) 

2nd Max 

8-hour 

(ppm) 

Design 

value 

(ppm) 

18–089–0001 .......................... Lake ....................................... East Chicago ......................... 2006 3.2 2.4 2.4 

18–089–0001 .......................... Lake ....................................... East Chicago ......................... 2007 3.1 3.0 3.0 

18–097–0072 .......................... Marion .................................... 50 North Illinois ...................... 2006 2.1 2.0 2.4 

18–097–0072 .......................... Marion .................................... 50 North Illinois ...................... 2007 4.3 3.6 3.6 

18–097–0073 .......................... Marion .................................... Naval Avionics Center ........... 2006 2.3 2.1 2.1

18–097–0073 .......................... Marion .................................... Naval Avionics Center ........... 2007 2.3 2.0 2.1

The eight hour design values from the 

AIRS (Aerometric Information Retrieval 

System) Quick Look data report were 

examined for Lake County and Marion 

County and have not exceeded the 7.65 ppm 

level for the 1998 to 2007 time interval. 

Current data in AIRS for 2008 show that 

the CO monitoring values for Lake County 

and Marion County continue to be below 

7.65 ppm. See table below. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52893 

CURRENT CO AMBIENT MONITORING DATA FOR LAKE AND MARION COUNTIES

Site ID County Site name Year 

1st Max 

8-hour 

(ppm) 

2nd Max 

8-hour 

(ppm) 

18–089–0001 ................................ Lake .............................................. East Chicago ................................ 2008 3.3 3.0 

18–097–0072 ................................ Marion ........................................... 50 North Illinois ............................. 2008 3.2 2.1 

18–097–0073 ................................ Marion ........................................... Naval Avionics Center .................. 2008 1.3 1.2 

EPA also examined at CO monitoring data 

for 2009. While this data has yet to be quality 

assured, it shows CO levels continue to be 

low for Lake County and Marion County. 

Based on ambient air monitoring date, Lake 

and Marion Counties are eligible to update 

their maintenance plan under the limited 

maintenance plan policy. IDEM will continue 

to maintain a continuous CO monitoring 

network, meeting the requirements of 40 CFR 

Part 58, that provides adequate coverage to 

verify continued compliance with the CO 

NAAQS. 

IV. What action is EPA taking? 

EPA is approving a SIP revision request 

submitted by the State of Indiana. This SIP 

revision meets the requirements for a second 

ten year limited CO maintenance plan for 

Lake County and Marion County, Indiana. 

The SIP revision supplements the current 

approved limited CO maintenance plans for 

Lake County and Marion County, and 

continues to demonstrate maintenance of the 

CO NAAQS for an additional ten years. 

We are publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and anticipate 

no adverse comments. However, in the 

Proposed Rules section of this Federal 

Register publication, we are publishing a 

separate document that will serve as the 

proposal to approve the state plan if relevant 

adverse written comments are filed. This rule 

will be effective December 14, 2009 without 

further notice unless we receive relevant 

adverse written comments by November 16, 

2009. If we receive such comments, we will 

withdraw this action before the effective date 

by publishing a subsequent document that 

will withdraw the final action. All public 

comments received will then be addressed in 

a subsequent final rule based on the 

proposed action. The EPA will not institute 

a second comment period, therefore, any 

parties interested in commenting on this 

action should do so at this time. If we do not 

receive any comments, this action will be 

effective December 14, 2009. 

V. 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, 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, 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 December 14, 2009. 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, Carbon monoxide, 

Incorporation by reference, and 

Intergovernmental relations. 

Dated: September 29, 2009. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of 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 P—Indiana 

■ 2. Section 52.785 is amended by 

adding paragraph (c) to read as follows: 

§ 52.785 Control Strategy: Carbon 

Monoxide. 

* * * * * 

(c) Approval—The Indiana 

Department of Environmental 

Management (IDEM) submitted Carbon 

Monoxide (CO) Limited Maintenance 

Plan Updates for Lake and Marion 

Counties on January 12, 2009. The 

updated Limited Maintenance Plans 


jlentini on DSKJ8SOYB1PROD with RULES
52894 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

demonstrate attainment of the CO 

National Ambient Air Quality Standard 

(NAAQS) for Lake and Marion Counties 

for an additional ten years. 

[FR Doc. E9–24695 Filed 10–14–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0473; FRL–8956–8] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley Air 

Pollution Control District portion of the 

California State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on July 13, 2009 

and concern volatile organic compound 

(VOC) emissions from graphic arts 

printing operations, digital printing 

operations, adhesives, cleaning solvents, 

transfer of organic liquids, and facilities 

engaged in coating of wood products, 

flat paneling, paper, film, foil, and 

fabric. 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 November 16, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0473 for 

this action. The index to the docket is 

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 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 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: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@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 July 13, 2009 (74 FR 33399), EPA 

proposed to approve the following rules 

into the California SIP. 

Local agency Rule # Rule title Adopted Submitted 

SJVAPCD .................... 4606 Wood Products and Flat Wood Paneling Product Coating Operations.10/16/08 12/23/08 

SJVAPCD .................... 4607 Graphic Arts and Paper, Film, Foil, and Fabric Coatings ................. 12/18/08 03/17/09 

SJVAPCD .................... 4624 Transfer of Organic Liquid ................................................................. 09/20/07 03/07/08 

SJVAPCD .................... 4653 Adhesives .......................................................................................... 12/20/07 03/07/08 

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, 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, 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 


jlentini on DSKJ8SOYB1PROD with RULES