82 FR 41335 - Air Plan Approval; Kentucky; Louisville Miscellaneous Rule Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range		41335-41337
FR Document		2017-18421

On August 29, 2012, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted changes to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District or Jefferson County). The Environmental Protection Agency (EPA) is approving several changes that modify the District's air quality regulations as incorporated into the SIP. The changes to the regulatory portion of the SIP that EPA is approving pertain to definitional changes, administrative amendments, open burning, standards of performance, and volatile organic compounds (VOCs). EPA is approving these changes because the Commonwealth and Jefferson County have demonstrated that these changes are consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)

[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41335-41337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0022; FRL-9967-05-Region 4]


Air Plan Approval; Kentucky; Louisville Miscellaneous Rule 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ), submitted changes to the 
Kentucky State Implementation Plan (SIP) on behalf of the Louisville 
Metro Air Pollution Control District (District or Jefferson County). 
The Environmental Protection Agency (EPA) is approving several changes 
that modify the District's air quality regulations as incorporated into 
the SIP. The changes to the regulatory portion of the SIP that EPA is 
approving pertain to definitional changes, administrative amendments, 
open burning, standards of performance, and volatile organic compounds 
(VOCs). EPA is approving these changes because the Commonwealth and 
Jefferson County have demonstrated that these changes are consistent 
with the Clean Air Act (CAA or Act).

DATES: This rule is effective October 2, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0022. All documents in the docket 
are listed on the https://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information 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 through https://www.regulations.gov or 
in hard copy at the Air Regulatory Management Section, Air Planning and 
Implementation 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 29, 2012, KDAQ submitted a SIP revision to EPA for 
approval that

[[Page 41336]]

involves changes to Jefferson County regulations related to acronym 
additions, administrative amendments, open burning, standards of 
performance, and VOCs. EPA is approving the changes to Jefferson County 
Regulation 1.03--Abbreviations and Acronyms; Regulation 1.08--
Administrative Procedures; Regulation 1.11--Control of Open Burning; 
Regulation 1.19--Administrative Hearings; Regulation 6.18--Standards of 
Performance for Solvent Metal Cleaning Equipment; Regulation 6.43--
Volatile Organic Compound Emission Reduction Requirements; and repeal 
Regulation 7.18--Standards of Performance for New Solvent Metal 
Cleaning Equipment.
    This action will update Kentucky's acronyms and make changes to 
other regulations approved into the SIP. The changes made to the 
regulations other than definitions are administrative in nature, 
including updating internal references. In a proposed rulemaking 
published on July 10, 2017 (82 FR 31736), EPA proposed to approve 
Kentucky's August 29, 2012, SIP revision. The details of Kentucky's 
August 29, 2012, SIP revision and the rationale for EPA's action are 
explained in the proposed rulemaking. Comments on the proposed 
rulemaking were due on or before August 9, 2017. EPA did not receive 
any comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference Jefferson County 
Regulation 1.03--Abbreviations and Acronyms, which had a state 
effective date of January 16, 2008; Regulation 1.08--Administrative 
Procedures, in which version 13 had an effective date of March 21, 
2010; Regulation 1.11--Control of Open Burning; Regulation, in which 
version 10 has an effective date of January 16, 2008; 1.19--
Administrative Hearings, which has an effective date of January 16, 
2008; Regulation 6.18--Standards of Performance for Solvent Metal 
Cleaning Equipment, which has an effective date of May 9, 2003; and 
Regulations 6.43--Volatile Organic Compound Emissions Reduction 
Requirements, in which version 5 has an effective date of February 15, 
2006. EPA has made, and will continue to make, these materials 
generally available through https://www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for inclusion 
in the SIP, have been incorporated by reference by EPA into that plan, 
are fully federally-enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving Kentucky's August 29, 2012, SIP revision, 
submitted on behalf of the District, because it is consistent with the 
CAA. EPA believes that all of these changes are consistent with section 
110 of the CAA and meet the regulatory requirements pertaining to SIPs, 
including CAA section 110(l), since these changes, with the exception 
to definition changes, are administrative in nature and will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA.

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. See 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 
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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    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 rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 CAA), petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 30, 2017. 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. This action may not be challenged later in proceedings to

[[Page 41337]]

enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Sulfur 
Dioxide, Reporting, Volatile organic compounds and recordkeeping 
requirements.

    Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. Section 52.920(c) is amended under Table 2 by:
0
a. Revising the entries for ``1.03'', ``1.08'', ``1.11'', ``1.19'', 
``6.18'' and ``6.43''; and
0
b. Removing the entry for ``7.18''.
    The revised text reads as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                             EPA approval    Federal Register     District
          Reg              Title/subject         date             notice       effective date     Explanation
----------------------------------------------------------------------------------------------------------------
                                            Reg 1--General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1.03...................  Abbreviations and         8/31/17  [Insert Federal           1/16/08
                          Acronyms.                          Register
                                                             citation].
 
                                                  * * * * * * *
1.08...................  Administrative            8/31/17  [Insert Federal           3/21/10
                          Procedures.                        Register
                                                             citation].
 
                                                  * * * * * * *
1.11...................  Control of Open           8/31/17  [Insert Federal           1/16/08
                          Burning.                           Register
                                                             citation].
 
                                                  * * * * * * *
1.19...................  Administrative            8/31/17  [Insert Federal           1/16/08
                          Hearings.                          Register
                                                             citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
6.18...................  Standards of              8/31/17  [Insert Federal            5/9/03  .................
                          Performance for                    Register
                          Existing Solvent                   citation].
                          Metal Cleaning
                          Equipment.
 
                                                  * * * * * * *
6.43...................  Volatile Organic          8/31/17  [Insert Federal           2/15/06  .................
                          Compound                           Register
                          Reduction                          citation].
                          Requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-18421 Filed 8-30-17; 8:45 am]
 BILLING CODE 6560-50-P

41336 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations

involves changes to Jefferson County INFORMATION CONTACT section of this • does not have Federalism
regulations related to acronym preamble for more information). implications as specified in Executive
additions, administrative amendments, Therefore, these materials have been Order 13132 (64 FR 43255, August 10,
open burning, standards of performance, approved by EPA for inclusion in the 1999);
and VOCs. EPA is approving the SIP, have been incorporated by • is not an economically significant
changes to Jefferson County Regulation reference by EPA into that plan, are regulatory action based on health or
1.03—Abbreviations and Acronyms; fully federally-enforceable under safety risks subject to Executive Order
Regulation 1.08—Administrative sections 110 and 113 of the CAA as of 13045 (62 FR 19885, April 23, 1997);
Procedures; Regulation 1.11—Control of the effective date of the final rulemaking • is not a significant regulatory action
Open Burning; Regulation 1.19— of EPA’s approval, and will be subject to Executive Order 13211 (66 FR
Administrative Hearings; Regulation incorporated by reference by the 28355, May 22, 2001);
6.18—Standards of Performance for Director of the Federal Register in the • is not subject to requirements of
Solvent Metal Cleaning Equipment; next update to the SIP compilation.1 Section 12(d) of the National
Regulation 6.43—Volatile Organic Technology Transfer and Advancement
III. Final Action Act of 1995 (15 U.S.C. 272 note) because
Compound Emission Reduction
Requirements; and repeal Regulation EPA is approving Kentucky’s August application of those requirements would
7.18—Standards of Performance for 29, 2012, SIP revision, submitted on be inconsistent with the CAA; and
behalf of the District, because it is • does not provide EPA with the
New Solvent Metal Cleaning Equipment.
consistent with the CAA. EPA believes discretionary authority to address, as
This action will update Kentucky’s appropriate, disproportionate human
acronyms and make changes to other that all of these changes are consistent
with section 110 of the CAA and meet health or environmental effects, using
regulations approved into the SIP. The practicable and legally permissible
changes made to the regulations other the regulatory requirements pertaining
to SIPs, including CAA section 110(l), methods, under Executive Order 12898
than definitions are administrative in (59 FR 7629, February 16, 1994).
nature, including updating internal since these changes, with the exception
to definition changes, are administrative The SIP is not approved to apply on
references. In a proposed rulemaking any Indian reservation land or in any
published on July 10, 2017 (82 FR in nature and will not interfere with any
applicable requirement concerning other area where EPA or an Indian tribe
31736), EPA proposed to approve has demonstrated that a tribe has
Kentucky’s August 29, 2012, SIP attainment and reasonable further
progress, or any other applicable jurisdiction. In those areas of Indian
revision. The details of Kentucky’s country, the rule does not have tribal
August 29, 2012, SIP revision and the requirement of the CAA.
implications as specified by Executive
rationale for EPA’s action are explained IV. Statutory and Executive Order Order 13175 (65 FR 67249, November 9,
in the proposed rulemaking. Comments Reviews 2000), nor will it impose substantial
on the proposed rulemaking were due Under the CAA, the Administrator is direct costs on tribal governments or
on or before August 9, 2017. EPA did required to approve a SIP submission preempt tribal law.
not receive any comments on the that complies with the provisions of the The Congressional Review Act, 5
proposed action. Act and applicable federal regulations. U.S.C. 801 et seq., as added by the Small
II. Incorporation by Reference See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Business Regulatory Enforcement
Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides
In this rule, EPA is finalizing EPA’s role is to approve state choices, that before a rule may take effect, the
regulatory text that includes provided that they meet the criteria of agency promulgating the rule must
incorporation by reference. In the CAA. Accordingly, this action submit a rule report, which includes a
accordance with requirements of 1 CFR merely approves state law as meeting copy of the rule, to each House of the
51.5, EPA is finalizing the incorporate federal requirements and does not Congress and to the Comptroller General
by reference Jefferson County impose additional requirements beyond of the United States. EPA will submit a
Regulation 1.03—Abbreviations and those imposed by state law. For that report containing this action and other
Acronyms, which had a state effective reason, this action: required information to the U.S. Senate,
date of January 16, 2008; Regulation • Is not a significant regulatory action the U.S. House of Representatives, and
1.08—Administrative Procedures, in subject to review by the Office of the Comptroller General of the United
which version 13 had an effective date Management and Budget under States prior to publication of the rule in
of March 21, 2010; Regulation 1.11— Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
Control of Open Burning; Regulation, in October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
which version 10 has an effective date January 21, 2011); is published in the Federal Register.
of January 16, 2008; 1.19— • does not impose an information This action is not a ‘‘major rule’’ as
Administrative Hearings, which has an collection burden under the provisions defined by 5 U.S.C. 804(2).
effective date of January 16, 2008; of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA),
Regulation 6.18—Standards of U.S.C. 3501 et seq.); petitions for judicial review of this
Performance for Solvent Metal Cleaning • is certified as not having a action must be filed in the United States
Equipment, which has an effective date significant economic impact on a Court of Appeals for the appropriate
of May 9, 2003; and Regulations 6.43— substantial number of small entities circuit by October 30, 2017. Filing a
Volatile Organic Compound Emissions under the Regulatory Flexibility Act (5 petition for reconsideration by the
Reduction Requirements, in which U.S.C. 601 et seq.); Administrator of this final rule does not
• does not contain any unfunded
nlaroche on DSKBBV9HB2PROD with RULES

version 5 has an effective date of affect the finality of this action for the
February 15, 2006. EPA has made, and mandate or significantly or uniquely purposes of judicial review nor does it
will continue to make, these materials affect small governments, as described extend the time within which a petition
generally available through https:// in the Unfunded Mandates Reform Act for judicial review may be filed, and
www.regulations.gov and/or at the EPA of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of
Region 4 Office (please contact the such rule or action. This action may not
person identified in the FOR FURTHER 1 62 FR 27968 (May 22, 1997). be challenged later in proceedings to

VerDate Sep<11>2014 15:11 Aug 30, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1

Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41337

enforce its requirements. See section Dated: August 16, 2017. Subpart S—Kentucky
307(b)(2). V. Anne Heard,
Acting Regional Administrator, Region 4. ■ 2. Section 52.920(c) is amended under
List of Subjects in 40 CFR Part 52 Table 2 by:
40 CFR part 52 is amended as follows: ■ a. Revising the entries for ‘‘1.03’’,
Environmental protection, Air
‘‘1.08’’, ‘‘1.11’’, ‘‘1.19’’, ‘‘6.18’’ and
pollution control, Incorporation by PART 52—APPROVAL AND
‘‘6.43’’; and
reference, Intergovernmental relations, PROMULGATION OF
■ b. Removing the entry for ‘‘7.18’’.
Nitrogen dioxide, Sulfur Dioxide, IMPLEMENTATION PLANS
The revised text reads as follows:
Reporting, Volatile organic compounds
and recordkeeping requirements. ■ 1. The authority citation for part 52 § 52.920 Identification of plan.
continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. (c) * * *

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA District
Reg Title/subject approval Federal Register notice effective Explanation
date date

Reg 1—General Provisions

* * * * * * *
1.03 .................. Abbreviations and Acronyms 8/31/17 [Insert Federal Register ci- 1/16/08
tation].

* * * * * * *
1.08 .................. Administrative Procedures ... 8/31/17 [Insert Federal Register ci- 3/21/10
tation].

* * * * * * *
1.11 .................. Control of Open Burning ...... 8/31/17 [Insert Federal Register ci- 1/16/08
tation].

* * * * * * *
1.19 .................. Administrative Hearings ....... 8/31/17 [Insert Federal Register ci- 1/16/08
tation].

* * * * * * *

Reg 6—Standards of Performance for Existing Affected Facilities

* * * * * * *
6.18 .................. Standards of Performance 8/31/17 [Insert Federal Register ci- 5/9/03
for Existing Solvent Metal tation].
Cleaning Equipment.

* * * * * * *
6.43 .................. Volatile Organic Compound 8/31/17 [Insert Federal Register ci- 2/15/06
Reduction Requirements. tation].

* * * * * * *

* * * * * ACTION:Final rule; notice of ADDRESSES: SIP materials which are
[FR Doc. 2017–18421 Filed 8–30–17; 8:45 am] administrative change. incorporated by reference into 40 CFR
BILLING CODE 6560–50–P part 52 are available for inspection at
SUMMARY: The Environmental Protection
the following locations: Environmental
Agency (EPA) is updating the materials
that are incorporated by reference (IBR) Protection Agency, Region 4, 61 Forsyth
ENVIRONMENTAL PROTECTION Street SW., Atlanta, GA 30303; and the
AGENCY into the Georgia state implementation
plan (SIP). The regulations affected by National Archives and Records
40 CFR Part 52 this update have been previously Administration. For information on the
submitted by Georgia and approved by availability of this material at NARA,
call 202–741–6030, or go to: http://
nlaroche on DSKBBV9HB2PROD with RULES

[GA–2017; FRL–9965–15–Region 4] EPA. This update affects the materials
that are available for public inspection www.archives.gov/federal-register/cfr/
Air Plan Approval; Georgia; Update to at the National Archives and Records ibr-locations.html. To view the
Materials Incorporated by Reference Administration (NARA) and the EPA materials at the Region 4 Office, EPA
Regional Office. requests that you email the contact
AGENCY: Environmental Protection DATES: This action is effective August listed in the FOR FURTHER INFORMATION
Agency (EPA). 31, 2017. CONTACT section.

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Document Created: 2017-09-23 10:08:26
Document Modified: 2017-09-23 10:08:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective October 2, 2017.
Contact		Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be reached via electronic mail at [email protected]
FR Citation		82 FR 41335
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Sulfur Dioxide; Reporting and Volatile Organic Compounds and Recordkeeping Requirements