
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Proposed Rules]
[Pages 43506-43510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19716]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0435; FRL-9967-51-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Revisions to Minor New Source Review Program

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 revisions 
to the Arkansas State Implementation Plan (SIP) minor New Source Review 
(NSR) program submitted on July 26, 2010, and March 24, 2017, including 
supplemental information provided on November 30, 2015, May 26, 2016, 
and July 27, 2017. Specifically, we are proposing to approve revisions 
that revise the minor NSR permitting thresholds and de minimis levels, 
as well as, additional non-substantive revisions. This proposed action 
is consistent with the requirements of section 110 of the CAA.

[[Page 43507]]


DATES: Written comments must be received on or before October 18, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0435, at http://www.regulations.gov or via email to 
mohr.ashley@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 Ashley Mohr, 214-665-
7289, mohr.ashley@epa.gov. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    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, 1445 Ross Avenue, Suite 700, 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: Ashley Mohr, 214-665-7289, 
mohr.ashley@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Ms. Ashley Mohr or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The EPA is proposing approval of SIP revisions submitted by 
Arkansas on July 26, 2010, and March 24, 2017. The proposed revisions 
addressed in this action modify the Chapter 4 minor New Source Review 
rules enacted at Regulation Number 19 (Reg. 19), specifically the 
following provisions are addressed in this action: Reg. 19.401, 
19.407(C)(2)(a) and (b), and 19.417. The revisions include revisions to 
the minor NSR permitting thresholds and de minimis levels.
    Our proposed approval of the revisions to the minor NSR permitting 
thresholds and de minimis levels does not remove, nor reduce, the 
federal and SIP approved requirements that each NSR permitting action 
authorizing emissions greater than the permitting thresholds provide an 
opportunity for the public to review and comment on the information 
submitted by the permit applicant. Nor does our action remove or reduce 
the federal and SIP approved requirements that as part of these 
permitting actions the public also have an opportunity to review and 
comment on the required Arkansas Department of Environmental Quality's 
(ADEQ) analysis and determination that the construction or modification 
of the facility will not interfere with attainment or maintenance of a 
national ambient air quality standard (NAAQS). Our action also does not 
remove the requirement that ADEQ's approval of all minor NSR permit 
actions include a technical analysis and determination that the change 
will not interfere with NAAQS attainment or maintenance.

A. July 26, 2010 Submittal

    On July 26, 2010, Arkansas submitted revisions to the SIP that 
included changes to the Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control enacted at Reg. 19, Chapters 
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, and Appendix A. These 
revisions were adopted by the Arkansas Pollution Control & Ecology 
Commission on December 5, 2008, and became effective on January 25, 
2009.
    The EPA is proposing to take action only on the revisions to 
Chapter 4, Reg. 19.401, 19.407(C)(2)(a) and (b), and 19.417 contained 
in the July 26, 2010 submittal. The EPA has already taken action on 
other elements of this submittal as follows: (1) Regulation 19, Chapter 
1, approved by EPA on 4/3/2015 (See 80 FR 11573); (2) Regulation 19, 
Chapter 2, approved by EPA on 4/3/2015 (See 80 FR 11573); (3) 
Regulation 19, Chapter 5, approved by EPA on 4/3/2015 (See 80 FR 11573; 
(4) Regulation 19, Chapter 6, approved by EPA on 4/3/2015 (See 80 FR 
11573); (5) Regulation 19, Chapter 7, approved by EPA on 4/3/2015 (See 
80 FR 11573); (6) Regulation 19, Chapter 9, approved by EPA on 4/2/2013 
(see 78 FR 19596); (7) Regulation 19, Chapter 10, approved by EPA on 4/
3/2015 (See 80 FR 11573); (8) Regulation 19, Chapter 11, approved by 
EPA on 4/3/2015 (See 80 FR 11573); (9) Regulation 19, Chapter 13, 
approved by EPA on 4/3/2015 (See 80 FR 11573); (10) Regulation 19, 
Chapter 14, approved by EPA on 4/17/2014 (see 79 FR 21631); and (11) 
Regulation 19, Chapter 15, approved by EPA on 3/12/2012 (see 77 FR 
14604). The EPA will address in a future action the remaining portions 
of the July 26, 2010 submittal, which are not directly related to the 
minor NSR permitting thresholds and de minimis levels.

B. March 24, 2017 Submittal

    On March 24, 2017, Arkansas submitted revisions to the SIP that 
included changes to the Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control enacted at Reg. 19, Chapters 
1, 2, 3, 4, 5, 7, 9, 11, 13, 14, 15, Appendix A and Appendix B. These 
revisions were adopted by the Arkansas Pollution Control & Ecology 
Commission on February 26, 2016, and became effective on March 14, 
2016.
    The EPA is proposing to take action only on Chapter 4, Reg. 19.401 
and 19.407(C)(2)(a) and (b). As necessary, the EPA will address the 
remaining portions of the March 24, 2017 submittal, which are not 
directly related to the minor NSR permitting thresholds and de minimis 
levels, as part of separate actions.
    A summary of the EPA's evaluation of the submitted revisions and 
the basis for our proposed approval is included in this rulemaking. The 
accompanying Technical Support Document (TSD) includes a detailed 
evaluation of the submittals and our approval rationale. The TSD may be 
accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2017-
0435. As previously discussed, the portions of July 26, 2010 and March 
24, 2017 SIP submittals evaluated in this action are those related to 
the revised minor NSR permitting thresholds and de minimis levels. 
While the TSD does include a line-by-line evaluation of each revised 
section addressed in our proposed approval, the following section 
focuses on the revised permitting thresholds and de minimis levels and 
the EPA's evaluation associated with those revisions.

II. The EPA's Evaluation

A. Revisions to Minor NSR Permitting Thresholds and De Minimis Levels

    The Arkansas SIP approved minor NSR program contains permitting 
thresholds and de minimis levels that are applicable to the state's 
minor NSR permitting program. Both the permitting thresholds and de 
minimis levels serve to exempt certain stationary sources or proposed 
changes at stationary sources from minor NSR permitting

[[Page 43508]]

requirements. The permitting thresholds found in Reg. 19.401 serve to 
determine which stationary sources are required to obtain a minor NSR 
permit. Any sources with emissions equal to or greater than the 
specified permitting thresholds are required to obtain a permit. A de 
minimis change, as stated in Reg. 19.407(C), is a change at an existing 
source that will result in trivial environmental impacts and requires 
minimal judgement to establish permit requirements for the change. A de 
minimis change is not a title I modification, as stated in the Reg. 19, 
Chapter 2 definition for ``title I modification.'' The de minimis 
levels found in Reg. 19.407(C)(2) are used to determine if a proposed 
change at an existing permitted source may qualify as a de minimis 
change under Reg. 19. Under the SIP approved Arkansas minor NSR 
program, a de minimis change is exempt from minor NSR permitting 
requirements, including public notice requirements, but remains subject 
to the remaining applicable minor NSR requirements contained in the NSR 
regulation. For example, in accordance with Reg. 19.407(C)(6) 
requirements a de minimis change must be reviewed and approved by ADEQ 
prior to implementation by a stationary source. To seek a de minimis 
change approval, the permitted source must submit an application to 
ADEQ to demonstrate that the proposed change qualifies as de minimis 
and, therefore, qualifies for exemption from minor NSR permitting 
requirements. ADEQ reviews the application to ensure that the proposed 
change is de minimis and does not include any of the following changes 
found in Reg. 19.407(C)(4) that do not meet the definition of de 
minimis: (1) Any increase in the permitted emission rate without a 
corresponding physical change or change in the method of operation at 
the source; (2) any change which would result in a violation of the 
CAA; (3) any change seeking to change a case-by-case determination of 
an emission limitation established pursuant to Best Available Control 
Technology, Sec.  112(g), Sec.  112(i)(5), Sec.  112(j), or Sec.  
111(d) of the CAA; (4) a change that would result in a violation of any 
provision of Reg. 19; (5) any change in a permit term, condition, or 
limit that a source has assumed to avoid an applicable requirement to 
which the source would otherwise be subject; (6) any significant change 
or relaxation to existing testing, monitoring, reporting, or 
recordkeeping requirements; or (7) any proposed change which requires 
more than minimal judgment to determine eligibility. In addition, 
multiple applications for de minimis changes that are concealing a 
larger modification would not be considered a de minimis change. As 
required by Reg. 19.405(A)(1), ADEQ also reviews the de minimis change 
applications submitted under Reg. 19, Chapter 4 to ensure that the 
proposed change at the stationary source will not result in the 
interference with attainment or maintenance of a NAAQS. If ADEQ 
determines that the proposed change does not qualify as de minimis, the 
de minimis change application is denied and the source must seek 
authorization via the appropriate NSR permit modification with public 
notice and reconstruction requirements. Otherwise if the de minimis 
action is approved by ADEQ, the source can make the proposed change 
immediately following receipt of the de minimis change approval. Any 
revisions to the existing minor NSR permit that may be necessary as a 
result of a de minimis change will be incorporated by ADEQ as 
expeditiously as possible as a de minimis modification.
    As previously stated, both the minor NSR permitting thresholds and 
de minimis levels approaches are approved into the current Arkansas 
SIP. As part of the submitted SIP revisions, Arkansas is proposing to 
revise the values for minor NSR permitting thresholds and de minimis 
levels for CO, NOX, SO2, VOC, and 
PM10. In addition, Arkansas is proposing to add minor NSR 
permitting thresholds for PM2.5 and de minimis levels for PM 
and PM2.5, which do not exist in the current SIP approved 
minor NSR permitting program. The following table summarizes the 
current and revised minor NSR permitting thresholds and de minimis 
levels.

         Table 1--Current SIP Approved and Revised Minor NSR Permitting Thresholds and De Minimis Levels
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                                                       Minor NSR permitting         Minor NSR de minimis levels
                                                         thresholds (tpy)                      (tpy)
                    Pollutant                    ---------------------------------------------------------------
                                                    Current SIP                     Current SIP
                                                  approved value   Revised value  approved value   Revised value
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CO..............................................              40              75               5              75
NOX.............................................              25              40               5              40
SO2.............................................              25              40               5              40
VOC.............................................              25              40              20              40
PM..............................................            None            None            None              25
PM10............................................              10              15               5              15
PM2.5...........................................            None              10            None              10
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    As shown in the previous table, the revised permitting thresholds 
and de minimis levels are less stringent than the values contained in 
the current Arkansas SIP. Therefore, as part of our evaluation, we 
reviewed the proposed revisions, along with supporting information 
provided by Arkansas, to determine if the proposed revisions to the 
minor NSR permitting thresholds and de minimis levels will interfere 
with attainment, reasonable further progress or any other applicable 
requirements of the Act. That evaluation, in accordance with section 
110(l) of the Clean Air Act, is discussed in the following section.
    ADEQ does require, in accordance with Reg. 18.315, that facilities 
that are exempt from minor NSR permitting based on the revised 
permitting thresholds but have emissions greater than the previous SIP 
approved permitting thresholds register with the Department prior to 
operation, construction, or modification. In addition, the de minimis 
changes, which are exempt from minor NSR permitting requirements, are 
required to meet all remaining, applicable minor NSR provisions 
contained in Reg. 19, Chapter 4, including the requirements for ADEQ's 
technical review and determination that the proposed change will not 
interfere with the attainment or maintenance of a NAAQS.

[[Page 43509]]

B. Analysis Under Section 110(l) of the CAA

    As part of our evaluation of the July 26, 2010 and March 24, 2017 
submittals under section 110(l), we have examined: (1) The scope of 
impacts resulting from the proposed revisions, (2) the current status 
of ambient air quality in Arkansas, and (3) the impacts of the revised 
thresholds on ambient air quality via air monitoring and air modeling 
data.
    As part of the July 26, 2010 SIP revision submittal, ADEQ 
determined that the number of currently permitted minor NSR facilities 
statewide that would not be required to be permitted under the revised 
minor NSR permitting thresholds was twenty (20). ADEQ also determined 
the total permitted emissions of CO, NOX, SO2, 
VOC, and PM10 from these 20 facilities and compared those 
permitted emissions with the statewide emission inventory on a 
pollutant-by-pollutant basis. On a percentage basis, the emissions that 
would be exempt from permitting at these 20 facilities based on the 
revised minor NSR permitting thresholds were 0.006% to 0.125% of the 
statewide emission totals. On July 27, 2017, ADEQ provided a supplement 
to the July 2010 and March 2017 SIP revision submittals, which included 
similar CO, NOX, SO2, VOC, and PM10 
emissions information for the de minimis changes approved for 
facilities in calendar year (CY) 2016. EPA reviewed the emissions 
information and determined that the emissions increases associated with 
the approved de minimis changes exempt from minor NSR permitting based 
on the revised de minimis levels were 0.0005% to 0.019% of the 
statewide emissions inventory. While this analysis was limited to the 
most recent calendar year, conservative scaling of the CY2016 emissions 
to account for the approximate 8\1/2\ years that the revised de minimis 
levels have been effective in the state regulations results in total 
emissions that are still much less than 1% of the total statewide 
emissions inventory. In addition, the analysis of the de minimis 
actions did not account for any emissions decreases that occurred as 
part of the approved de minimis changes. As shown in these analyses, 
the emissions exempted from minor NSR permitting requirements in 
Arkansas as a result of the revised minor NSR permitting thresholds and 
de minimis levels is limited in scope and makes up a small portion of 
the statewide emissions inventory.
    On November 30, 2015, ADEQ provided supplemental information for 
the July 26, 2010 SIP revision submittal. The November 30, 2015 
supplement included a monitoring trends analysis that examined 
statewide ambient air quality data since the adoption of the revised 
minor NSR permitting thresholds and de minimis levels in 2008 for CO, 
NOX, SO2, VOC, and PM10. This 
supplemental air monitoring trends report is available in the docket 
and may be accessed online at www.regulations.gov, Docket No. EPA-R06-
OAR-2017-0435. With the exception of the ozone DVs at the Springdale, 
Arkansas monitor located in Washington County, the DVs remain unchanged 
or show downward trends since the 2008 adoption of the increased minor 
NSR permitting thresholds and de minimis levels. In the November 30, 
2015 supplement, ADEQ did further evaluation of the Springdale monitor 
and determined that the increases in the monitored ozone DVs at this 
monitor are likely due to the increases in mobile emissions in the 
Fayetteville-Springdale-Rogers MSA as a result of rapid population 
growth in that area.\1\ Based on the ambient monitoring trend analysis, 
it does not appear that the increased minor NSR permitting thresholds 
and de minimis levels have negatively impacted ambient air quality or 
interfered with the attainment of the NAAQS. In fact, for several 
pollutants the ambient air quality has shown continued improvements as 
manifested in the decreases in monitored DVs during this period, and 
currently Arkansas does not have any areas classified as nonattainment 
for any NAAQS.
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    \1\ ADEQ's November 30, 2015 supplement stated that the 
population of the Fayetteville-Springdale-Rogers MSA has grown by 
over 65,000 people in the 2007-2014 timeframe.
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    In addition to evaluating the scope of sources/emissions exempted 
from minor NSR permitting requirements and the ambient air monitoring 
trends following the adoption of the increased permitting thresholds 
and de minimis levels, as described in the March 24, 2017 SIP submittal 
ADEQ also conducted air quality modeling to examine the impacts of 
emissions increases at the level of the revised minor NSR permitting 
thresholds and de minimis levels. The modeling analysis was a combined 
photochemical/dispersion modeling analysis using the Community 
Multiscale Air Quality (CMAQ) model and the AMS/EPA Regulatory Model 
Improvement Committee (AERMIC) model (AERMOD). ADEQ employed this 
combined modeling approach in an effort to look at both regional and 
local scale impacts from emissions equal to the revised permitting 
thresholds and de minimis levels for VOC, NOX, 
SO2, CO, PM10, and PM2.5. An air 
quality modeling report detailing the modeling approaches and 
associated model results was submitted as part of the March 24, 2017 
SIP revision submittal. This report is available in the docket and may 
be accessed online at www.regulations.gov, Docket No. EPA-R06-OAR-2017-
0435. The CMAQ regional modeling was based on a previous statewide 
modeling effort conducted for the 2008 base year and the 2008/2015 
future year scenarios. For the minor NSR thresholds analysis, the 
future year (2015) emissions inventory was modified to include eight 
hypothetical point sources that were distributed throughout the state's 
Air Quality Control Regions. In order to reflect a generic, 
representative source, the stack parameters for the hypothetical 
sources were set equal to median values based on the 2011 National 
Emissions Inventory for Arkansas sources. The emission rates for each 
of the hypothetical sources were set equal to the minor NSR permitting 
thresholds/de minimis levels. While the regional CMAQ modeling analysis 
did show increases in modeled concentrations resulting from the 
addition of the hypothetical sources, the modeled impacts do not show 
impacts that affect the attainment and maintenance of the NAAQS. To 
examine local or near-field impacts, additional modeling of the eight 
hypothetical sources was conducted using AERMOD. Similar to the 
regional modeling, these sources were modeled with emission rates equal 
to the minor NSR permitting thresholds/de minimis levels and stack 
parameters were set equal to median stack parameter based on the 2011 
NEI data. The daily AERMOD-derived concentrations were added to the 
CMAQ-derived concentrations for the same location, using the CMAQ 
values as ``background.'' The values determined for the statewide daily 
maximum impacts are expected to represent the near-field concentrations 
assuming worst-case impacts from threshold emission increases at a 
range of locations throughout Arkansas. The modeled impacts from the 
near-field modeling analysis are much less than the NAAQS for all 
pollutants and averaging periods indicating that near-field impacts 
associated with emissions equal to the proposed minor NSR thresholds 
are not expected to result in NAAQS exceedances. As with the CMAQ-only 
regional modeling, the combined AERMOD/CMAQ modeling analysis does show 
increases in

[[Page 43510]]

modeled concentrations throughout the state, and the associated future 
year DVs are also increased. However, the calculated future year DVs 
were all less than the associated NAAQS. In addition, most pollutants 
show decreased DVs in the future year case as compared with the current 
year DVs.
    Based on our evaluation of the analyses conducted by ADEQ to 
support the proposed minor NSR permitting thresholds and de minimis 
levels, we find that the increases in these values are not expected to 
interfere with attainment or reasonable further progress or any other 
applicable requirement of the Act. The scope of affected sources, 
permit actions, and the associated emissions that would be exempt from 
minor NSR permitting requirements based on the revised permitting 
thresholds and de minimis levels is a very small fraction of the 
statewide emissions inventory. In addition, since implementing the 
increased permitted thresholds/de minimis levels in 2008 for CO, VOC, 
NOX, SO2, and PM10, air quality in 
Arkansas has not been negatively impacted, and in many cases ambient 
concentrations have shown overall decreasing trends. We also find that 
the modeling analysis provided by ADEQ further supports the state's 
finding that sources with emissions less than the revised minor NSR 
permitting thresholds and de minimis levels are not anticipated to have 
impacts that would cause or contribute to an exceedance of the NAAQS. 
In addition, de minimis changes are still required to meet minor Source 
Review requirements contained in Reg. 19, Chapter 4 including a 
demonstration that the proposed modification will not interfere with 
the attainment or maintenance of a NAAQS on a case-by-case basis. 
Therefore, the EPA's evaluation finds that the proposed revisions to 
the Arkansas SIP related to the revised minor NSR permitting thresholds 
and de minimis levels are consistent with the requirements found in 
Section 110(l) further supporting our proposed approval of the 
revisions included in the July 26, 2010 and March 24, 2017 submittals 
that are evaluated in this action.

III. Proposed Action

    The EPA proposes approval of the identified sections of the 
revisions to the minor NSR permitting program as submitted as revisions 
to the Arkansas SIP on July 26, 2010, and March 24, 2017, including 
supplement information submitted on November 30, 2015, May 26, 2016, 
and July 27, 2017. The EPA has made a determination in accordance with 
the CAA and the EPA regulations at 40 CFR 51.160-51.165. Therefore, 
under section 110 and part C of the Act, and for the reasons presented 
above and in our accompanying TSD, the EPA proposes to approve the 
following revisions to the Arkansas SIP that submitted on July 26, 
2010, and March 24, 2017:
     Revisions to Reg. 19.407 (submitted 07/26/2010 and 03/24/
2017);
     Revisions to Reg. 19.407(C)(2)(a) and (b) (submitted 07/
26/2010 and 03/24/2017); and
     Revisions to Reg. 19.417 (submitted 07/26/2010).
    As previously stated, this proposed action does not remove or 
modify the existing federal and state requirements that each NSR permit 
action issued by ADEQ include an analysis completed by the Department 
and their determination that the proposed construction or modification 
authorized by the permit action will not interfere with attainment or 
maintenance of a national ambient air quality standard.

IV. 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 Arkansas 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/or in hard copy at the EPA Region 6 office.

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. 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), 13563 (76 FR 3821, January 21, 
2011) and 13771 (82 FR 9339, February 2, 2017);
     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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: September 12, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-19716 Filed 9-15-17; 8:45 am]
 BILLING CODE 6560-50-P


