[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Proposed Rules]
[Pages 49202-49205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20195]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 84, No. 182 / Thursday, September 19, 2019 / 
Proposed Rules  

[[Page 49202]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0431; FRL-9999-65-Region 9]


Approval and Conditional Approval of California Air Plan 
Revision, Imperial County Air Pollution Control District, Reasonably 
Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve in part and conditionally approve in part revisions to the 
Imperial County Air Pollution Control District (ICAPCD or ``District'') 
portion of the California State Implementation Plan (SIP). These 
revisions concern the ICAPCD's Reasonably Available Control Technology 
(RACT) requirements for the 2008 8-hour ozone National Ambient Air 
Quality Standard (NAAQS) and negative declarations for several source 
categories. We are proposing action on a local SIP revision under the 
Clean Air Act (CAA or ``the Act''). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Any comments must arrive by October 21, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0431 at http://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be removed or edited from 
Regulations.gov. For either manner of submission, 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 
the person identified in the FOR FURTHER INFORMATION CONTACT section. 
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.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, (415) 947-
4304, chen.eugene@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What document did the State submit?
    B. Are there other versions of this document?
    C. What is the purpose of the submitted document?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the submitted document?
    B. Does the submitted document meet the evaluation criteria?
    C. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    On September 12, 2017, the ICAPCD adopted the ``Reasonably 
Availability Control Technology Analysis for the 2017 Imperial County 
State Implementation Plan for the 2008 8-Hr Ozone Standard'' (2017 RACT 
SIP), and on November 14, 2017, the California Air Resources Board 
(CARB) submitted it to the EPA for approval as a revision to the 
California SIP. The submittal also included ICAPCD's Minute Order No. 
20, adopting the 2017 RACT SIP and negative declarations for the 2017 
RACT SIP.
    On May 14, 2018, the submittals for ICAPCD's 2017 RACT SIP and 
negative declarations were deemed complete by operation of law to meet 
the completeness criteria in 40 CFR part 51 Appendix V, which must be 
met before formal EPA review.
    In addition to these SIP submittals, the District and CARB 
transmitted commitment letters on May 8, 2019 and May 28, 2019 to the 
EPA to adopt and submit specific enforceable measures within 12 months 
of the effective date of EPA's final action on ICAPCD's RACT SIP.\1\
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    \1\ Letter dated May 8, 2019, from Matt Desert (ICAPCD), to 
Carol Sutkus, (CARB), and Doris Lo, (EPA Region IX); Letter dated 
May 28, 2019, from Dr. Michael Benjamin (CARB), to Michael Stoker, 
(EPA Region IX).
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B. Are there other versions of these documents?

    There are no previous versions of the RACT SIP and negative 
declarations in the ICAPCD portion of the California SIP for the 2008 
8-hour ozone NAAQS.

C. What is the purpose of the submitted documents?

    Volatile Organic Compounds (VOCs) and oxides of nitrogen 
(NOX) contribute to the production of 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 VOC and NOX emissions. Sections 
182(b)(2) and (f) require that SIPs for ozone nonattainment areas 
classified as Moderate or above implement RACT for any source covered 
by a Control Techniques Guidelines (CTG) document and for any major 
source of VOCs or NOX. The ICAPCD is subject to this 
requirement as it regulates a nonattainment area that is currently 
designated and classified as a Moderate nonattainment area for the 2008 
8-hour ozone NAAQS. Therefore, the ICAPCD must, at a minimum, adopt 
RACT-level controls for all sources covered by a CTG document and for 
all major non-CTG sources of VOCs or NOX within the ozone 
nonattainment area that it regulates. Any stationary source that emits 
or has the potential to emit at least 100 tons per year (tpy) of VOCs 
or NOX is a major stationary source in a Moderate ozone 
nonattainment area.\2\
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    \2\ CAA section 182(b)(2), (f) and 302(j).
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    Section III.D of the preamble to the EPA's final rule to implement 
the 2008 ozone NAAQS discusses RACT requirements.\3\ It states in part 
that RACT SIPs must contain adopted RACT regulations, certifications 
where

[[Page 49203]]

appropriate that existing provisions are RACT, and/or negative 
declarations that no sources in the nonattainment area are covered by a 
specific CTG. Id. at 12278. It also provides that states must submit 
appropriate supporting information for their RACT submissions as 
described in the EPA's implementation rule for the 1997 ozone NAAQS.\4\
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    \3\ 80 FR 12264 (March 6, 2015).
    \4\ Id. and 70 FR 71612, 71652 (November 29, 2005).
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    The submitted 2017 RACT SIP and negative declarations provide 
ICAPCD's analyses of its compliance with the CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. The EPA's technical 
support document (TSD) has more information about the District's 
submission and the EPA's evaluation thereof.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must require RACT for each category of sources covered by 
a CTG document as well as each major source of VOCs or NOX 
in ozone nonattainment areas classified as Moderate or above (see CAA 
section 182(b)(2)). On May 21, 2012, the EPA designated Imperial County 
as ``Marginal'' nonattainment for the 2008 8-hr ozone NAAQS.\5\ On May 
4, 2016, the EPA finalized a proposed determination that 11 areas, 
among them Imperial County, were previously classified as ``Marginal'' 
nonattainment and had failed to attain the 2008 ozone NAAQS by the 
applicable attainment date. These 11 areas were reclassified as 
``Moderate'' nonattainment areas.\6\ The states containing these areas 
were required to submit revised SIPs that addressed the requirements 
applicable to ``Moderate'' nonattainment areas, including a RACT SIP 
demonstration. As a result, the ICAPCD regulates a Moderate ozone 
nonattainment area \7\ so the District's rules must implement RACT.
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    \5\ 77 FR 30088 (May 21, 2012).
    \6\ 81 FR 26697 (May 4, 2016).
    \7\ See, 40 CFR 81.305.
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    States should also submit for SIP approval negative declarations 
for those source categories for which they have not adopted CTG-based 
regulations (because they have no sources above the CTG-recommended 
applicability threshold) regardless of whether such negative 
declarations were made for an earlier SIP.\8\ The submittal should 
provide reasonable assurance that no sources subject to the CTG 
requirements currently exist in the District.
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    \8\ 57 FR 13498, 13512 (April 16, 1992).
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    The District's analysis must also demonstrate that each major 
source of VOCs or NOX in the ozone nonattainment area is 
covered by a RACT-level rule. In addition, for each CTG source 
category, the District must either demonstrate that a RACT-level rule 
is in place, or submit a negative declaration.
    Guidance and policy documents that we use to evaluate CAA section 
182 RACT requirements 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. EPA Office of Air Quality Planning and Standards, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' 
May 25, 1988 (``the Bluebook,'' revised January 11, 1990).
    3. EPA Region IX, ``Guidance Document for Correcting Common VOC & 
Other Rule Deficiencies,'' August 21, 2001 (``the Little Bluebook'').
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990,'' (``the NOX Supplement''), 57 FR 55620 
(November 25, 1992).
    5. Memorandum dated May 18, 2006, from William T. Harnett, 
Director, Air Quality Policy Division, to Regional Air Division 
Directors, Subject: ``RACT Qs & As--Reasonably Available Control 
Technology (RACT) Questions and Answers.''
    6. ``Final Rule to Implement the 8-Hour Ozone National Ambient Air 
Quality Standard--Phase 2,'' 70 FR 71612 (November 29, 2005).
    7. ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' 80 FR 
12264 (March 6, 2015).

B. Do the documents meet the evaluation criteria?

    ICAPCD's 2017 RACT SIP provides the District's demonstration that 
the applicable SIP for the ICAPCD satisfies CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS. The District based its 
conclusion on its analysis of SIP-approved requirements that apply to: 
(1) Source categories for which a CTG has been issued, and (2) Major 
non-CTG stationary sources of VOC or NOX emissions.
    With respect to CTG source categories, ICAPCD identified several 
CTG categories with covered sources (i.e., sources covered by the CTG 
and operating within the nonattainment area), and provided an 
evaluation of the local rules it relies upon to meet RACT for these 
categories. We reviewed the District's evaluation and agree that, with 
one exception, its rules implement RACT for the applicable CTG 
categories. The rule that does not implement RACT for the applicable 
CTG category is Rule 415 (Transfer and Storage of Gasoline). By letter 
dated May 8, 2019, the District committed to adopt a revised Rule 415 
that will resolve the identified issue by establishing a more stringent 
VOC emission standard for gasoline terminals, and to transmit this rule 
to CARB within 11 months of the effective date of the EPA's final 
action on this submittal. By letter dated May 28, 2019, CARB committed 
to submit this rule to the EPA within 12 months of the effective date 
of the EPA final action on this submittal. These letters commit the 
District to adopt specific enforceable measures to address the 
identified issue, commit the State to submit them to the EPA by a date 
certain, and are clear and enforceable. Accordingly, we believe these 
commitments from the District and State are consistent with CAA section 
110(k)(4)'s requirements regarding conditional approval for the 2017 
RACT SIP with respect to the source category regulated by Rule 415.
    With regard to non-CTG major stationary sources, the ICAPCD 
identified five major stationary sources of NOX and one 
major stationary source of VOC not covered by a CTG document. The 2017 
RACT SIP identifies the local RACT rules applicable to these sources, 
as well as the District's evaluation that these local rules implement 
RACT. We reviewed the District's evaluation and agree that the 
applicable local rules implement RACT for these sources.
    In addition, where there are no existing sources covered by a 
particular CTG document, states may, in lieu of adopting RACT 
requirements for those sources, adopt negative declarations certifying 
that there are no such sources in the relevant nonattainment area. 
Appendix B of the District's submittal lists the District's negative 
declarations that it has no sources subject to the applicable CTG. 
These negative declarations are listed in Table 1 below. The District 
concludes that it has no sources subject to these CTGs based on a 
review of its permit files, emission inventories, and District staff 
knowledge. The EPA reviewed CARB's emission inventory database, as well 
as business listings and the Chamber of Commerce directory for Imperial 
County. Based upon our review, we did not identify any facilities that 
would be subject to the CTG source categories for which the ICAPCD 
submitted negative declarations, and conclude that these negative 
declarations are consistent

[[Page 49204]]

with the relevant policy and guidance regarding RACT.

                  Table 1--ICAPCD Negative Declarations
------------------------------------------------------------------------
       EPA document No.                      Document title
------------------------------------------------------------------------
EPA-450/2-77-008..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume II: Surface Coating of Cans,
                                 Coils, Paper, Fabrics, Automobiles, and
                                 Light-Duty Trucks.
EPA-450/2-77-022..............  Control of Volatile Organic Emissions
                                 from Solvent Metal Cleaning.
EPA-450/2-77-025..............  Control of Refinery Vacuum Producing
                                 Systems, Wastewater Separators, and
                                 Process Unit Turnarounds.
EPA-450/2-77-032..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume III: Surface Coating of Metal
                                 Furniture.
EPA-450/2-77-033..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume IV: Surface Coating of
                                 Insulation of Magnet Wire.
EPA-450/2-77-034..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume V: Surface Coating of Large
                                 Appliances.
EPA-450/2-78-015..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume VI: Surface Coating of
                                 Miscellaneous Metal Parts and Products.
EPA-450/2-78-029..............  Control of Volatile Organic Emissions
                                 from Manufacture of Synthesized
                                 Pharmaceutical Products.
EPA-450/2-78-030..............  Control of Volatile Organic Emissions
                                 from Manufacture of Pneumatic Rubber
                                 Tires.
EPA-450/2-78-032..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume VII: Factory Surface Coating of
                                 Flat Wood Paneling.
EPA-450/2-78-033..............  Control of Volatile Organic Emissions
                                 from Existing Stationary Sources--
                                 Volume VIII: Graphic Arts-Rotogravure
                                 and Flexography.
EPA-450/2-78-036..............  Control of Volatile Organic Compound
                                 Leaks from Petroleum Refinery
                                 Equipment.
EPA-450/3-82-009..............  Control of Volatile Organic Compound
                                 Emissions from Large Petroleum Dry
                                 Cleaners.
EPA-450/3-83-006..............  Control of Volatile Organic Compound
                                 Leaks from Synthetic Organic Chemical
                                 Polymer and Resin Manufacturing
                                 Equipment.
EPA-450/3-83-007..............  Control of Volatile Organic Compound
                                 Equipment Leaks from Natural Gas/
                                 Gasoline Processing Plants.
EPA-450/3-83-008..............  Control of Volatile Organic Compound
                                 Emissions from Manufacture of High-
                                 Density Polyethylene, Polypropylene,
                                 and Polystyrene Resins.
EPA-450/3-84-015..............  Control of Volatile Organic Compound
                                 Emissions from Air Oxidation Processes
                                 in Synthetic Organic Chemical
                                 Manufacturing Industry.
EPA-450/4-91-031..............  Control of Volatile Organic Compound
                                 Emissions from Reactor Processes and
                                 Distillation Operations in Synthetic
                                 Organic Chemical Manufacturing
                                 Industry.
EPA-453/R-96-007..............  Control of Volatile Organic Compound
                                 Emissions from Wood Furniture
                                 Manufacturing Operations.
EPA-453/R-94-032; 61 FR 44050;  Control Techniques Guidelines for
 8/27/96.                        Shipbuilding and Ship Repair Operations
                                 (Surface Coating).
EPA-453/R-97-004; 59 FR 29216;  Aerospace (CTG & MACT).
 6/06/94.
EPA-453/R-06-001..............  Control Techniques Guidelines for
                                 Industrial Cleaning Solvents.
EPA-453/R-06-002..............  Control Techniques Guidelines for Offset
                                 Lithographic Printing and Letterpress
                                 Printing.
EPA-453/R-06-003..............  Control Techniques Guidelines for
                                 Flexible Package Printing.
EPA-453/R-06-004..............  Control Techniques Guidelines for Flat
                                 Wood Paneling Coatings.
EPA 453/R-07-003..............  Control Techniques Guidelines for Paper,
                                 Film, and Foil Coatings.
EPA 453/R-07-004..............  Control Techniques Guidelines for Large
                                 Appliance Coatings.
EPA 453/R-07-005..............  Control Techniques Guidelines for Metal
                                 Furniture Coatings.
EPA 453/R-08-003..............  Control Techniques Guidelines for
                                 Miscellaneous Metal and Plastic Parts
                                 Coatings, Table 2--Metal Parts and
                                 Products.
EPA 453/R-08-003..............  Control Techniques Guidelines for
                                 Miscellaneous Metal and Plastic Parts
                                 Coatings, Table 3--Plastic Parts and
                                 Products.
EPA 453/R-08-003..............  Control Techniques Guidelines for
                                 Miscellaneous Metal and Plastic Parts
                                 Coatings, Table 4--Automotive/
                                 Transportation and Business Machine
                                 Plastic Parts.
EPA 453/R-08-003..............  Control Techniques Guidelines for
                                 Miscellaneous Metal and Plastic Parts
                                 Coatings, Table 5--Pleasure Craft
                                 Surface Coating.
EPA 453/R-08-003..............  Control Techniques Guidelines for
                                 Miscellaneous Metal and Plastic Parts
                                 Coatings, Table 6--Motor Vehicle
                                 Materials.
EPA 453/R-08-004..............  Control Techniques Guidelines for
                                 Fiberglass Boat Manufacturing
                                 Materials.
EPA 453/R-08-005..............  Control Techniques Guidelines for
                                 Miscellaneous Industrial Adhesives.
EPA 453/R-08-006..............  Control Techniques Guidelines for
                                 Automobile and Light-Duty Truck
                                 Assembly Coatings.
EPA 453/B16-001...............  Control Techniques Guidelines for the
                                 Oil and Natural Gas Industry.
------------------------------------------------------------------------

    Please consult our TSD for more information on our evaluation of 
the submitted 2017 RACT SIP.

C. Proposed Action and Public Comment

    If a portion of a plan revision meets all the applicable CAA 
requirements, section 110(k)(3) authorizes the EPA to approve the plan 
revision in part.\9\ In addition, section 110(k)(4) authorizes the EPA 
to conditionally approve a plan revision based on a commitment by the 
state to adopt specific enforceable measures by a date certain but not 
later than one year after the date of the plan approval.\10\ In this 
instance, the enforceable measures that the state must submit are new 
or revised rules that correct the rule issues identified above. On May 
8, 2019, the District transmitted to CARB and the EPA a commitment to 
adopt a revised Rule 415 (Transfer and Storage of Gasoline), that will 
resolve

[[Page 49205]]

the identified issue, and to transmit this rule to CARB within 11 
months of the effective date of the EPA's final action on this 
submittal. On May 28, 2019, CARB committed to submit this rule to the 
EPA within 12 months of the effective date of the EPA final action on 
this submittal. If the ICAPCD or CARB fail to fulfill this commitment, 
this proposed conditional approval would convert to a disapproval and 
start an 18-month clock for sanctions under CAA section 179(a)(2) and a 
two-year clock for a federal implementation plan under CAA section 
110(c)(1).
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    \9\ 42 U.S.C. 7410(k)(3).
    \10\ 42 U.S.C. 7410(k)(4).
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    Based on our evaluation of the submitted documents, and as 
authorized in section 110(k)(3) and (4) of the Act, the EPA is 
proposing to conditionally approve the ICAPCD's 2017 RACT SIP with 
respect to the source category regulated by Rule 415 (Transfer and 
Storage of Gasoline). Simultaneously, the EPA proposes to fully approve 
the remainder of the ICAPCD's 2017 RACT SIP, and to fully approve the 
ICAPCD's negative declaration, submitted on November 14, 2017.
    We will accept comments from the public on this proposal until 
October 21, 2019. If we take final action to approve the submitted 
documents, our final action will incorporate them into the federally 
enforceable SIP.

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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 Clean Air Act; and
     does not provide the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: August 29, 2019.
 Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-20195 Filed 9-18-19; 8:45 am]
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