[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Proposed Rules]
[Pages 63697-63701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28970]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0502; FRL-9088-9]
Approval and Promulgation of Implementation Plans; Kentucky:
Revisions to the Kentucky State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Kentucky on December 31,
2008, for the purpose of establishing transportation conformity
criteria and procedures related to interagency consultation, and
enforceability of certain transportation related control and mitigation
measures for the Commonwealth of Kentucky.
DATES: Comments must be received on or before January 4, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0502, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2009-0502,'' Air Quality Modeling and
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Amanetta Somerville, Air Quality
Modeling and Transportation Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2009-0502. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://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 http://www.regulations.gov, your e-mail address will be
automatically captured
[[Page 63698]]
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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Amanetta Somerville, Air Quality
Modeling and Transportation Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960. Ms. Somerville's telephone number is 404-562-9025. She can
also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Transportation Conformity
II. Background for this Action
III. Proposed Action
A. Federal Requirements
B. Clarksville-Hopkinsville Conformity SIP
C. Huntington-Ashland Conformity SIP
D. Louisville Conformity SIP
E. Northern Kentucky-Cincinnati Conformity SIP
IV. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity (hereafter referred to as ``conformity'')
is required under section 176(c) of the Clean Air Act (CAA or Act) to
ensure that federally supported highway, transit projects, and other
activities are consistent with (``conform to'') the purpose of the SIP.
Conformity currently applies to areas that are designated
nonattainment, and to areas that have been redesignated to attainment
after 1990 (maintenance areas) with plans developed under section 175A
of the Act, for the following transportation related criteria
pollutants: ozone, particulate matter (PM2.5 and
PM10), carbon monoxide, and nitrogen dioxide.
Conformity to the purpose of the SIP means that transportation
activities will not cause new air quality violations, worsen existing
violations, or delay timely attainment of the relevant criteria
pollutants, also known as national ambient air quality standards
(NAAQS). The transportation conformity regulation is found in 40 CFR
Part 93 and provisions related to conformity SIPs are found in 40 CFR
51.390.
II. Background for This Action
A. Federal Requirements
EPA promulgated the Federal transportation conformity criteria and
procedures (``Conformity Rule'') on November 24, 1993 (58 FR 62188).
Among other things, the rule required states to address all provisions
of the conformity rule in their SIPs frequently referred to as
``conformity SIPs.'' Under 40 CFR 51.390, most sections of the
conformity rule were required to be copied verbatim. States were also
required to tailor all or portions of the following three sections of
the conformity rule to meet their state's individual circumstances: 40
CFR 93.105, which addresses consultation procedures; 40 CFR
93.122(a)(4)(ii), which addresses written commitments to control
measures that are not included in a metropolitan planning
organization's (MPO's) transportation plan and transportation
improvement program that must be obtained prior to a conformity
determination, and the requirement that such commitments, when they
exist, must be fulfilled; and 40 CFR 93.125(c), which addresses written
commitments to mitigation measures that must be obtained prior to a
project-level conformity determination, and the requirement that
project sponsors must comply with such commitments, when they exist.
On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' (SAFETEA-LU) was signed
into law. SAFETEA-LU revised section 176(c) of the CAA transportation
conformity provisions. One of the changes streamlines the requirements
for conformity SIPs. Under SAFETEA-LU, states are required to address
and tailor only three sections of the rule in their conformity SIPs: 40
CFR 93.105, 40 CFR 93.122(a)(4)(ii), and, 40 CFR 93.125(c), described
above. In general, states are no longer required to submit conformity
SIP revisions that address the other sections of the conformity rule.
These changes took effect on August 10, 2005, when SAFETEA-LU was
signed into law.
B. SIP Submission
On December 31, 2008, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet's Department of Air Quality (KY
DAQ), submitted the Commonwealth's transportation conformity and
consultation interagency rule to EPA as an addition to the SIP. The
interagency consultation procedures for the transportation conformity
partners are outlined in the document Transportation Conformity: A
Guide for Interagency Consultation, which is referenced in the Kentucky
transportation conformity rule.
The Commonwealth of Kentucky developed its consultation rule based
on the elements contained in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c). As a first step, the Commonwealth worked with the existing
transportation planning organization's interagency committee that
included representatives from Kentucky's air quality agency, Kentucky
Department of Transportation (DOT), U.S. DOT (i.e., Federal Highway
Administration--Kentucky Division, Federal Transit Administration), the
MPOs of the maintenance and nonattainment areas of Kentucky, and EPA.
The interagency committee met regularly and drafted the consultation
rules considering elements in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c), and integrated the local procedures and processes into the
rule. The consultation process developed in this rule is for the
Commonwealth of Kentucky.
C. Section Description of Nonattainment Areas
Currently, in the Commonwealth of Kentucky, there are 3 maintenance
areas and 1 nonattainment area for the 1997 8-hour ozone standard, and
3 nonattainment areas for the 1997 annual PM2.5 standard.
The conformity SIP has been developed to include all necessary partners
in each of the areas listed.
[[Page 63699]]
Below provides the details for all of these areas.
1. Clarksville-Hopkinsville Conformity SIP
Effective June 15, 2004, EPA designated Christian County, Kentucky
and Montgomery County, Tennessee in the bi-state Clarksville-
Hopkinsville area, as nonattainment for the 1997 8-hour ozone standard
(69 FR 23858). On January 25, 2006, EPA redesignated the Kentucky
portion of the Clarksville-Hopkinsville nonattainment area to
attainment for the 1997 8-hour ozone NAAQS (71 FR 4047). In a separate
action, the Tennessee portion of this area was also redesignated from
nonattainment to attainment for the 1997 8-hour ozone standard.
The Clarksville Urbanized Area Metropolitan Planning Organization
(CUAMPO) is the MPO for most of the bi-state Clarksville-Hopkinsville
1997 8-hour ozone maintenance area. CUAMPO's planning boundary includes
most of Christian County, Kentucky and Montgomery County, Tennessee in
the Clarksville-Hopkinsville area. The areas outside the MPO's planning
boundary in Christian County, Kentucky and Montgomery County, Tennessee
are considered ``donut'' \a\ areas for the purposes of implementing
transportation conformity in this area. Per the Transportation
Conformity Rule, the MPO's conformity determination is not complete
without a regional analysis that considers the projects in the MPO area
as well as the donut areas that are within the nonattainment/
maintenance area. For the purposes of implementing the 1997 8-hour
ozone transportation conformity requirements, CUAMPO serves as the lead
agency for the preparation, consultation, and distribution of the
conformity determinations. The ``donut'' areas are included in CUAMPO's
travel demand model and CUAMPO coordinated the inputs for the model
with the Kentucky Transportation Cabinet and the Tennessee DOT.
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\a\ Donut areas are geographic areas outside a metropolitan
planning area boundary, but inside the boundary of a nonattainment
or maintenance area that contains any part of a metropolitan area.
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Christian County, Kentucky, which is a part of the Clarksville-
Hopkinsville bi-state maintenance area, does not have a previous
conformity SIP. The state of Tennessee will establish conformity
procedures for Montgomery County, Tennessee as part of the Clarksville-
Hopkinsville maintenance area in their individual conformity SIP. The
SIP revision includes the conformity procedures for the Christian
County, Kentucky portion of the Clarksville-Hopkinsville bi-state
maintenance area.
2. Huntington-Ashland
Effective June 15, 2004, EPA designated Boyd County in Kentucky;
and Cabell and Wayne counties in West Virginia as nonattainment for the
1997 8-hour ozone standard. This area is known as the bi-state
Huntington-Ashland 1997 8-hour ozone area. The bi-state Huntington-
Ashland 1997 8-hour ozone area was designated nonattainment under
Subpart 1 of the Act and as such is referred to as a ``basic'' 8-hour
ozone nonattainment area. On August 3, 2007, EPA published the
redesignation of the Kentucky portion of the Huntington-Ashland (Boyd
County) 8-hr ozone nonattainment area to attainment in the Federal
Register (72 FR 43172). In a separate action, the West Virginia portion
of this area was also redesignated from nonattainment to attainment for
the 1997 8-hour ozone standard.
Effective April 5, 2005, EPA designated the whole counties of Boyd
County in Kentucky, Cabell and Wayne County in West Virginia, and
Lawrence and Scioto County in Ohio, as nonattainment for the 1997
PM2.5 annual standard. Partial counties of Lawrence County
in Kentucky; Mason County in West Virginia; and Adams and Gallia
Counties in Ohio were also designated nonattainment for the 1997
PM2.5 annual standard as part of the Huntington-Ashland
area. The current designation status of the Huntington-Ashland area is
nonattainment for the 1997 PM2.5 annual standard.
There are two MPOs that are responsible for transportation planning
for areas within the Huntington-Ashland 8-hour ozone maintenance and
PM2.5 nonattainment area. The Five County Area Development
District (FIVCO) is the MPO responsible for transportation planning in
Boyd County, Kentucky. KYOVA is the other MPO. KYOVA's planning
boundary includes Lawrence County, Ohio; and Cabell and Wayne Counties
in West Virginia. The partial counties of Lawrence County, Kentucky;
Adams and Gallia Counties in Ohio; and Mason County, West Virginia are
not within either MPO's planning boundary, and are considered ``donut''
areas for the purposes of implementing transportation conformity in
this area. Per the Transportation Conformity Rule, the MPO's conformity
determination is not complete without a regional analysis that
considers the projects in the MPO area(s) as well as the donut areas
that are within the nonattainment/maintenance area. For the purposes of
implementing the 1997 8-hour ozone and the 1997 PM2.5 annual
transportation conformity requirements, FIVCO serves as the lead agency
for the preparation, consultation, and distribution of the conformity
determinations for the 1997 8-hour ozone standard for Boyd County.
FIVCO and KYOVA serve as co-leads for the preparation, consultation,
and distribution of the conformity determinations for the 1997
PM2.5 annual standard for the entire Huntington Ashland
nonattainment area for the 1997 PM2.5 annual standard.
Boyd County and the partial county of Lawrence, Kentucky which are
a part of the Huntington-Ashland area do not have a previous conformity
SIP. The states of Ohio and West Virginia will establish conformity
procedures for their respective state in their individual conformity
SIPs for Lawrence County, Ohio; and Cabell and Wayne Counties in West
Virginia; and the partial counties of Adams and Gallia in Ohio; and
Mason County, West Virginia. The SIP revision at issue now includes the
conformity procedures for both the partial county of Lawrence and Boyd
County, Kentucky in its entirety, for the Huntington-Ashland area.
3. Louisville Conformity SIP
Effective June 15, 2004, EPA designated Clark and Floyd Counties in
Indiana; and Bullitt, Jefferson, and Oldham Counties in Kentucky, in
the bi-state Louisville area, as nonattainment for the 1997 8-hour
ozone standard. On July 5, 2007, EPA redesignated the Kentucky portion
of the Louisville nonattainment area to attainment for the 1997 8-hour
ozone NAAQS (72 FR 36601). In a separate action, the Indiana portion of
this area was also redesignated from nonattainment to attainment for
the 1997 8-hour ozone standard.
Effective April 5, 2005, EPA designated Madison Township of
Jefferson County; and Clark and Floyd Counties in Indiana; and Bullitt
and Jefferson Counties in Kentucky, in the bi-state Louisville area, as
nonattainment for the 1997 PM2.5 annual standard. The
current designation status of the Louisville bi-state area is
nonattainment for the 1997 PM2.5 annual standard.
The Kentuckiana Regional Planning & Development Agency (KIPDA) is
the MPO for the entire bi-state Louisville 1997 8-hour ozone area, and
for most of the bi-state Louisville 1997 PM2.5 annual area.
KIPDA's planning boundary includes Clark and Floyd Counties in Indiana;
and Bullitt, Jefferson and Oldham Counties in Kentucky. Madison
[[Page 63700]]
Township of Jefferson County, Indiana is not within the KIPDA planning
boundary, and thus is considered a ``donut'' area for the purposes of
implementing transportation conformity in this area. Per the
Transportation Conformity Rule, the MPO's conformity determination is
not complete without a regional analysis that considers the projects in
the MPO area as well as the donut areas that are within the
nonattainment/maintenance area. For the purposes of implementing the
1997 8-hour ozone and the PM2.5 annual transportation
conformity requirements, KIPDA serves as the lead agency for the
preparation, consultation, and distribution of the conformity
determinations. KIPDA coordinated with the Indiana DOT for travel-
related information for Madison Township.
Bullitt, Jefferson, and Oldham Counties in Kentucky which are a
part of the Louisville bi-state area do not have a previous conformity
SIP. The State of Indiana will establish conformity procedures for the
counties that make up the Indiana portion of the bi-state Louisville
area in their individual conformity SIP. The SIP revision at issue now
includes the conformity procedures for the Bullitt, Jefferson, and
Oldham Counties in Kentucky which are a part of the Louisville bi-state
area.
4. Northern Kentucky-Cincinnati Conformity SIP
Effective June 15, 2004, EPA designated the Ohio counties of
Butler, Clermont, Clinton, Hamilton and Warren; the Kentucky counties
of Boone, Campbell and Kenton; and a portion of Dearborn County in
Indiana in the tri-state Northern Kentucky-Cincinnati area, as
nonattainment for the 1997 8-hour ozone standard. The tri-state
Northern Kentucky-Cincinnati 1997 8-hour ozone area was designated
nonattainment under Subpart 1 of the CAA and as such is referred to as
a ``basic'' 8-hour ozone nonattainment area.
Effective April 5, 2005, EPA designated the Ohio counties of
Butler, Clermont, Clinton, Hamilton and Warren; the Kentucky counties
of Boone, Campbell and Kenton; and a portion of Dearborn County in
Indiana in the tri-state Northern Kentucky-Cincinnati area, as
nonattainment for the PM2.5 standard. The current
designation status of both the tri-state Northern Kentucky-Cincinnati
1997 8-hour ozone and PM2.5 areas is nonattainment.
The Ohio, Kentucky, Indiana Regional Council of Governments (OKI)
is the MPO for most of the Northern Kentucky-Cincinnati 1997 8-hour
ozone and PM2.5 areas. OKI's planning boundary includes the
Ohio counties of Butler, Clermont, Hamilton and Warren; the Kentucky
counties of Boone, Campbell and Kenton; and Dearborn County, Indiana.
Clinton County, Ohio is not within the OKI's planning boundary, and
thus is considered a ``donut'' area for the purposes of implementing
transportation conformity in this area. Per the Transportation
Conformity Rule, the MPO's conformity determination is not complete
without a regional analysis that considers the projects in the MPO area
as well as the donut areas that are within the nonattainment/
maintenance area. For the purposes of implementing the 1997 8-hour
ozone and 1997 PM2.5 annual transportation conformity
requirements, OKI served as the lead agency for the preparation,
consultation, and distribution of the conformity determinations. OKI
coordinated with the Ohio DOT for travel-related information for
Clinton County.
Boone, Campbell and Kenton Counties in Kentucky which are a part of
the Northern Kentucky-Cincinnati tri-state area do not have a previous
conformity SIP. The States of Indiana and Ohio will establish
conformity procedures for the counties that make up the Indiana and
Ohio portions of the Northern Kentucky-Cincinnati area in their
individual conformity SIPs. The SIP revision at issue now includes the
conformity procedures for Boone, Campbell and Kenton Counties in
Kentucky which are a part of the Northern Kentucky-Cincinnati tri-state
area.
III. Proposed Action
EPA is proposing to approve the Kentucky SIP revision consisting of
the transportation conformity section. This addition consists of
transportation conformity criteria and procedures related to
interagency consultation and enforceability of certain transportation-
related control measures and mitigation measures. The intended effect
is to establish the transportation conformity criteria and procedures
in the Kentucky SIP.
On December 31, 2008, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet's KY DAQ, submitted the State's
transportation conformity and consultation interagency rule to EPA as
an addition to the SIP. The Kentucky transportation conformity rule
establishes procedures for interagency consultation for existing and
future nonattainment and maintenance areas for certain transportation-
related pollutants.
The Commonwealth of Kentucky developed its consultation rule based
on the elements contained in 40 CFR 93.105, 93.122(a)(4)(ii), and
93.125(c). As a first step, the Commonwealth worked with the existing
transportation planning organization's interagency committee that
included representatives from the State air quality agency, State DOT,
Federal Highway Administration--Kentucky Division, Federal Transit
Administration, the MPOs of the maintenance and nonattainment areas of
Kentucky, and EPA. The interagency committee met regularly and drafted
the consultation rules considering elements in 40 CFR 93.105,
93.122(a)(4)(ii), and 93.125(c), and integrated the local procedures
and processes into the rule. The consultation process developed in this
rule is for the Commonwealth of Kentucky. On July 29, 2008, KY DAQ held
a public hearing for the transportation conformity rulemaking.
EPA has evaluated this SIP and has determined that the Commonwealth
has met the requirements of Federal transportation conformity rule as
described in 40 CFR Part 51, Subpart T and 40 CFR Part 93, Subpart A.
KY DAQ has satisfied the public participation and comprehensive
interagency consultation requirement during development and adoption of
the consultation procedures at the local level. Therefore, EPA is
proposing to approve the rule as an addition to the Kentucky SIP. EPA's
rule requires the states to develop their own processes and procedures
for interagency consultation among the Federal, state, and local
agencies, and resolution of conflicts meeting the criteria in 40 CFR
93.105. The SIP revision must include processes and procedures to be
followed by the MPO, state DOT, and U.S. DOT in consulting with the
state and local air quality agencies and EPA before making
transportation conformity determinations. The transportation conformity
SIP addition must also include processes and procedures for the state
and local air quality agencies and EPA to coordinate the development of
applicable SIPs with MPOs, state DOTs, and U.S. DOT. Kentucky's
revision includes these required elements.
EPA has reviewed the submittal to assure consistency with the CAA
as amended by SAFETEA-LU and EPA regulations (40 CFR Part 93 and 40 CFR
51.390) governing state procedures for transportation conformity and
interagency consultation and has concluded that the submittal is
[[Page 63701]]
approvable. Details of our review are set forth in a technical support
document (TSD), which has been included in the docket for this action.
Specifically, in the TSD, we identify how the submitted procedures
satisfy our requirements under 40 CFR 93.105 for interagency
consultation with respect to the development of transportation plans
and programs, SIPs, and conformity determinations, the resolution of
conflicts, and the provision of adequate public consultation, and our
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and mitigation measures.
IV. 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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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 proposed 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 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, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 20, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-28970 Filed 12-3-09; 8:45 am]
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