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15046 Federal Register / Vol. 72, No.

61 / Friday, March 30, 2007 / Rules and Regulations

Indian tribes, on the relationship submit a rule report, which includes a Paragraphs (D) and (Z), adopted 1/31/
between the Federal Government and copy of the rule, to each House of the 2006, effective 2/10/2006.
Indian tribes, or on the distribution of Congress and to the Comptroller General (B) Ohio Administrative Code Chapter
power and responsibilities between the of the United States. EPA will submit a 3745–21–04 Attainment dates and
Federal Government and Indian tribes, report containing this rule and other compliance time schedules: Paragraph
as specified by Executive Order 13175 required information to the U.S. Senate, (C)(16)(c), adopted 1/31/2006, effective
(65 FR 67249, November 9, 2000). the U.S. House of Representatives, and 2/10/2006.
the Comptroller General of the United (C) Ohio Administrative Code Chapter
Executive Order 13132: Federalism 3745–21–09 Control of emissions of
States prior to publication of the rule in
This action also does not have the Federal Register. A major rule volatile organic compounds from
Federalism implications because it does cannot take effect until 60 days after it stationary sources and
not have substantial direct effects on the is published in the Federal Register. perchloroethylene from dry cleaning
states, on the relationship between the This action is not a ‘‘major rule’’ as facilities: Paragraphs
national government and the states, or defined by 5 U.S.C. 804(2). (O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR),
on the distribution of power and Under Section 307(b)(1) of the Clean and (VV), adopted 3/2/2006, effective 3/
responsibilities among the various Air Act, petitions for judicial review of 12/2006.
levels of government, as specified in this action must be filed in the United (D) Ohio Administrative Code Chapter
Executive Order 13132 (64 FR 43255, States Court of Appeals for the 3745–21–17: Portable Fuel Containers,
August 10, 1999). This action merely appropriate circuit by May 29, 2007. adopted 1/31/2006, effective 2/10/2006.
approves a state rule implementing a Filing a petition for reconsideration by (E) Ohio Administrative Code Chapter
federal standard, and does not alter the the Administrator of this final rule does 3745–21–18: Commercial Motor Vehicle
relationship or the distribution of power not affect the finality of this rule for the and Mobile Equipment Refinishing
and responsibilities established in the purposes of judicial review nor does it Operations, adopted 1/31/2006,
Clean Air Act. extend the time within which a petition effective 2/10/2006.
Executive Order 13045: Protection of for judicial review may be filed, and [FR Doc. E7–5800 Filed 3–29–07; 8:45 am]
Children From Environmental Health shall not postpone the effectiveness of BILLING CODE 6560–50–P
and Safety Risks such rule or action. This action may not
be challenged later in proceedings to
This rule also is not subject to enforce its requirements. (See Section ENVIRONMENTAL PROTECTION
Executive Order 13045 ‘‘Protection of 307(b)(2).) AGENCY
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885, List of Subjects in 40 CFR Part 52 40 CFR Part 52
April 23, 1997), because it is not Environmental protection, Air
[EPA–R09–OAR–2005–AZ–0009; FRL–8284–
economically significant. pollution control, Intergovernmental 2]
National Technology Transfer relations, Incorporation by reference,
Advancement Act Nitrogen dioxide, Ozone, Reporting and Approval and Promulgation of
recordkeeping requirements, Volatile Implementation Plans; Arizona; Motor
In reviewing SIP submissions, EPA’s organic compounds. Vehicle Inspection and Maintenance
role is to approve state choices, Programs
Dated: March 6, 2007.
provided that they meet the criteria of
the Clean Air Act. In this context, in the Mary A. Gade, AGENCY: Environmental Protection
absence of a prior existing requirement Regional Administrator, Region 5. Agency (EPA).
for the state to use voluntary consensus ■ For the reasons stated in the preamble, ACTION: Final rule.
standards (VCS), EPA has no authority part 52, chapter I, of title 40 of the Code
to disapprove a SIP submission for of Federal Regulations is amended as SUMMARY: EPA is approving two
failure to use VCS. It would thus be follows: revisions to the Arizona State
inconsistent with applicable law for Implementation Plan submitted by the
EPA, when it reviews a SIP submission, PART 52—[AMENDED] Arizona Department of Environmental
to use VCS in place of a SIP submission Quality. These revisions consist of:
■ 1. The authority citation for part 52 changes to Arizona’s Basic and
that otherwise satisfies the provisions of
continues to read as follows: Enhanced Vehicle Emissions Inspection
the Clean Air Act. Thus, the
requirements of section 12(d) of the Authority: 42 U.S.C. 7401 et seq. Programs to exempt collectible vehicles
National Technology Transfer and in the Phoenix metropolitan area, and
Advancement Act of 1995 (15 U.S.C. Subpart KK—Ohio collectible vehicles and motorcycles in
272 note) do not apply. the Tucson metropolitan area, from
■ 2. Section 52.1870 is amended by
emissions testing requirements; an
Paperwork Reduction Act adding paragraph (c)(135) to read as
updated performance standard
follows:
This rule does not impose an evaluation for the vehicle emissions
information collection burden under the § 52.1870 Identification of plan. inspection program in the Phoenix area;
provisions of the Paperwork Reduction * * * * * and new contingency measures. EPA is
Act of 1995 (44 U.S.C. 3501 et seq.). (c) * * * approving these two state
(135) On May 9, 2006, the Ohio implementation plan revisions because
Congressional Review Act they meet all applicable requirements of
Environmental Protection Agency
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The Congressional Review Act, 5 submitted several volatile organic the Clean Air Act and EPA’s regulations
U.S.C. 801 et seq., as added by the Small compound rules for approval into the and because the exemptions will not
Business Regulatory Enforcement Ohio State Implementation Plan. interfere with attainment or
Fairness Act of 1996, generally provides (i) Incorporation by reference. maintenance of the national ambient air
that before a rule may take effect, the (A) Ohio Administrative Code quality standards in the two affected
agency promulgating the rule must Chapter 3745–21–01 Definitions: areas. EPA is finalizing this action

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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15047

under the Clean Air Act obligation to submittal includes the SIP revision exemption for collectible vehicles, and
take action on State submittals of itself, divided into a non-regulatory developed new contingency measures
revisions to state implementation plans. portion, ‘‘Final Arizona State that are intended to provide for
The intended effect is to exempt these Implementation Plan Revision, Basic reinstatement of emissions testing for
vehicle categories from the emissions and Enhanced Vehicle Emissions the newly exempt vehicle categories in
testing requirements of the State’s Inspection/Maintenance Programs’’ the event that a violation of the carbon
vehicle emissions inspection programs (December 2005), and a regulatory monoxide NAAQS were to be recorded
as approved for the Phoenix and Tucson portion, House Bill (HB) 2357, as well in the Phoenix or Tucson area. On
areas but also to provide a mechanism as supporting materials related to legal October 3, 2006, ADEQ adopted and
to reinstate the requirements in the authority, adoption, public process and submitted the updated performance
event of a violation of the carbon technical analysis. standard evaluation and new
monoxide national ambient air quality HB 2357 amends Arizona Revised contingency measures in a second SIP
standard in the Phoenix or Tucson area. Statutes (ARS) Section 49–542 by revision, entitled, ‘‘Supplement to Final
DATES: Effective Date: This rule is exempting vehicles that are at least 15 Arizona State Implementation Plan
effective on April 30, 2007. years old or are of a unique and rare Revision, Basic and Enhanced Vehicle
design and that carry collectible vehicle Emissions Inspection/Maintenance
ADDRESSES: Copies of the documents
insurance that restricts the mileage and/ Programs, December 2005’’ (September
relevant to this action are available for
or use of the vehicle (‘‘collectible 2006) (‘‘VEI SIP Supplement’’). As part
public inspection during normal
vehicles’’) from emission testing in both of the submittal of the VEI SIP
business hours at EPA Region 9’s Air Supplement, ADEQ documented the
Planning Office (AIR–2), 75 Hawthorne Area A (i.e., the Phoenix area) and Area
B (i.e., the Tucson area). In addition, HB public participation process that was
Street, San Francisco, CA, 94105–3901. conducted by ADEQ prior to adoption
Due to increased security, we suggest 2357 exempts motorcycles in the
Tucson area from emissions testing. and submittal to EPA.
that you call at least 24 hours prior to Our December 28, 2006 proposed rule
visiting the Regional Office so that we Specifically, the amendments to ARS
49–542 are found in paragraphs or provides our evaluation of these two SIP
can make arrangements to have submittals and our rationale for
someone meet you. subparagraphs (J)(2)(k), (J)(2)(l), (Y), and
(Z) of that section of code. The changes concluding that the submittals meet all
Electronic Availability to ARS Section 49–542 are self- relevant CAA requirements including
implementing, which means that they SIP revision procedural requirements,
This document and our proposed rule vehicle inspection and maintenance
which was published in the Federal become effective upon EPA approval as
a revision to the Arizona SIP. program requirements, requirements
Register on December 28, 2006 are also under CAA section 110(l) related to
available as electronic files on EPA’s Among the technical materials
included in the VEI SIP Revision non-interference with attainment and
Region 9 webpage at http:// maintenance of the NAAQS, and
www.epa.gov/region09/air/actions/ submittal package is a report 1 prepared
by ADEQ that evaluates the impacts of contingency provision requirements
az.html. under CAA section 175A(d). Please see
exempting three vehicle categories
FOR FURTHER INFORMATION CONTACT: (vehicles 25 model years old and older, our December 28, 2006 proposed rule
Wienke Tax, Office of Air Planning, U.S. motorcycles, and collectible vehicles) for more information concerning the SIP
Environmental Protection Agency, from the emissions testing requirements revision submittals, our evaluation of
Region 9, (520) 622–1622, e-mail: on ambient air quality and on the ability them, and our rationale for proposing
tax.wienke@epa.gov, or refer to http:// of Areas A and B (i.e., Phoenix and approval.
www.epa.gov/region09/air/actions/ Tucson, respectively) to maintain or II. Response to Comments
az.html. attain the national ambient air quality
Our December 28, 2006 proposed rule
SUPPLEMENTARY INFORMATION: standards (NAAQS). The report
provided a 30-day public comment
Throughout this document, the terms concluded that the testing and repair of
period. We received comments from 40
‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to EPA. these vehicle categories as a whole does
commenters on our proposed rule
provide a significant air quality benefit.
Table of Contents during the public comment period. Most
The analysis, however, also identified a
I. Background were supportive of our proposed action.
subset of vehicle categories (collectible
II. Response to Comments We are responding to the five
vehicles in Phoenix and Tucson plus
III. EPA’s Final Action commenters who disagreed with our
motorcycles in Tucson) for which the
IV. Statutory and Executive Order Reviews action.
emissions testing requirement does not Comment. One commenter agrees
I. Background provide a significant air quality benefit with the proposal but states that
On December 28, 2006 (71 FR 78115), and for which exemption would not vehicles 25 years old or older should
we proposed to approve, under the interfere with continued maintenance of also be exempt.
Clean Air Act (CAA or ‘‘Act’’), two the CO NAAQS or progress towards the Response. Arizona House Bill (HB)
revisions submitted by the Arizona 8-hour ozone NAAQS. HB 2357 was a 2501, as amended by HB 2294, required
Department of Environmental Quality Legislative response to the findings in ADEQ to evaluate whether vehicles 25
(ADEQ) of the Arizona State this report. years old and older in combination with
Implementation Plan (SIP). Both SIP In consultation with EPA concerning collectible vehicles or motorcycles
revisions relate to Arizona’s Basic and the VEI SIP Revision, ADEQ prepared could be exempt from emissions testing.
Enhanced Vehicle Emissions an updated performance standard The report concluded that the testing
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Inspection/Maintenance (VEI) Programs evaluation for the VEI program in the and repair of these vehicle categories as
implemented in the Tucson and Phoenix area to reflect the new a whole does provide significant air
Phoenix areas, respectively. 1 ‘‘Report on Potential Exemptions from Vehicle
quality benefit. The analysis, however,
ADEQ submitted the first VEI SIP Emissions Testing for Motorcycles, Collectible
also identified a subset of vehicle
revision on December 23, 2005 (‘‘VEI Vehicles, and Vehicles 25 Model Years Old and categories (collectible vehicles in
SIP Revision’’). The VEI SIP Revision Older’’ (December 2004). Phoenix and Tucson and motorcycles in

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15048 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations

Tucson) for which the emissions testing Arizona’s vehicle inspection program newly exempt as ‘‘collectible vehicles’’
requirement does not provide a for owners of collectible vehicles which under HB 2357 and the corresponding
significant air quality benefit and for meet certain requirements, including emissions impact from exemption of
which exemption would not interfere collectible insurance which limits the those vehicles from VEI emissions
with continued maintenance of the CO use or annual mileage of the collectible testing requirements.
NAAQS or progress towards the 8-hour vehicle. We are not requiring existing We also continue to believe that the
ozone NAAQS. HB 2357 (i.e., the older vehicles to be retrofit with compliance enforcement methods,
regulatory portion of the VEI SIP emissions control technology. including the collectible vehicle
Revision) was a Legislative response to Comment. The fifth commenter states insurance and registration procedures,
the findings in this report. that the law establishing the new that will be relied upon to limit the
Comment. One commenter suggests exemption for collectible vehicles is exemption to qualifying vehicles are
various changes to the new statutory poorly crafted in that the requirements reasonably calculated to do so. See
exemption for collectible vehicles that of the law, as written by the Arizona pages 4–5 and appendix C (‘‘Collectible
would make the exemption less legislature, are both vague and do not Vehicle Insurance and Registration
restrictive and thereby allow a greater have sufficient enforcement methods to Procedures’’) of the VEI SIP Revision
number of collectors to fall within the insure that the net result falls within the and our discussion of the compliance
exemption. assumptions that were made by the enforcement issue in our proposed rule
Response. In reviewing SIP ADEQ to validate this exemption. at 71 FR at 78118.
submissions, EPA’s role is to approve Specifically, the commenter questions
state choices, provided that they meet III. EPA’s Final Action
the estimate of the number of collectible
minimum criteria set by the Clean Air vehicles used by ADEQ in estimating No comments were submitted that
Act or any applicable EPA regulations. the emissions impact of the exemption change our assessment of the VEI SIP
Any changes to Arizona law expanding and also questions the methods that will revisions as set forth in our proposed
the exemption for collectible vehicles be relied upon to limit the exemption rule. Therefore, pursuant to section
would need first to be introduced as a only to qualifying vehicles. 110(k)(3) of the CAA and for the reasons
new bill in the Arizona Legislature. If Furthermore, the commenter requests set forth in the proposed rule, EPA is
passed and approved by the Governor, additional requirements in the law to approving the revisions to the Arizona
such a statutory change would then limit the possible abuse of the SIP submitted by the State of Arizona on
need to be submitted by ADEQ to EPA exemption. December 23, 2005 and October 3, 2006
for approval with documentation Response. As noted above, EPA’s role concerning the Arizona VEI programs
showing continued compliance with all in reviewing SIP submissions is to implemented in the Phoenix and
relevant CAA and EPA requirements approve state choices, provided that Tucson areas because we find that the
including a demonstration of non- they meet minimum criteria of the Clean revisions are consistent with the
interference with the ambient air quality Air Act and EPA’s regulations. EPA is requirements of the CAA and EPA’s
standards under section 110(l) of the not responsible for drafting changes to regulations.
CAA. state laws. Nonetheless, this comment Specifically, we are approving
Comment. One commenter states that raises questions about the validity of the exemptions from emissions testing
motorcycles should not be exempt from assumptions underlying the emissions requirements for collectible vehicles in
the vehicle emissions inspection impact analysis and the enforcement the Phoenix area and collectible
program in Tucson, unless EPA has methods that will be relied upon to vehicles and motorcycles in the Tucson
solid evidence that very few, if any, limit the exemptions to qualifying area as set forth in the ‘‘Arizona State
motorcycles pose a pollution problem, vehicles. Implementation Plan Revision, Basic
or that the Tucson inspection program ADEQ estimates that collectible and Enhanced Vehicle Emissions
passes essentially all motorcycles, so vehicles represent 0.4% to 0.5% of the Inspection/Maintenance Programs’’
providing little environmental benefit. total tested fleet of vehicles in the (December 2005) and ARS Section 49–
Response. ADEQ’s statistics about the Tucson and Phoenix areas, respectively. 542 as amended in section 1 of Arizona
VEI program indicate that between 2003 ADEQ developed these estimates on the House Bill 2357, 47th Legislature, 1st
and 2006, from 91.3 to 94.9 percent of basis of a survey conducted by ADEQ in Regular Session (2005) and approved by
motorcycles in the Tucson area passed coordination with car clubs in Arizona the Governor on April 13, 2005; and the
the vehicle emissions test on their and information received from two of updated performance standard
initial pass on an annual basis . These the four major insurance companies evaluation for the Phoenix area and new
statistics provide further support for our specializing in selling collectible car contingency measures as set forth in the
conclusion that exemption of insurance in Arizona, taking into ‘‘Supplement to Final Arizona State
motorcycles from emissions testing account the number of such vehicles Implementation Plan Revision, Basic
requirements of the VEI program would that are already exempt (i.e., pre-1967 and Enhanced Vehicle Emissions
not interfere with attainment or model year vehicles) from emission Inspection/Maintenance Programs,
maintenance of the NAAQS in the testing requirements. See appendix 2b December 2005’’ (September 2006).
Tucson area. (‘‘Technical Support Document,
Comment. The fourth commenter Evaluating Emissions Impacts of IV. Statutory and Executive Order
states that he opposes this type of Exempting Collectible Vehicles from Reviews
‘‘reverse regulation’’ (removing of Vehicle Emissions Inspections’’) of Under Executive Order 12866 (58 FR
grandfathering) of old, collectible cars. Appendix B (‘‘Report on Potential 51735, October 4, 1993), this action is
He states that making people retrofit Exemptions from Vehicle Emissions not a ‘‘significant regulatory action’’ and
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emissions equipment on older vehicles Testing for Motorcycles, Collectible therefore is not subject to review by the
is infeasible, costly, and that owners are Vehicles and Vehicles 25 Model Years Office of Management and Budget. For
unlikely to comply. Old and Older’’) of the VEI SIP revision. this reason, this action is also not
Response. This commenter appears to We believe that ADEQ’s methods subject to Executive Order 13211,
have misunderstood EPA’s action. We provide a reasonable basis for estimating ‘‘Actions Concerning Regulations That
are approving an exemption to the number of vehicles that would be Significantly Affect Energy Supply,

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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15049

Distribution, or Use’’ (66 FR 28355 (May Paperwork Reduction Act of 1995 (44 (c) * * *
22, 2001)). This action merely approves U.S.C. 3501 et seq.). (133) The following statute and plan
changes to state law as meeting Federal The Congressional Review Act, 5 were submitted on December 23, 2005
requirements and imposes no additional U.S.C. section 801 et seq., as added by by the Governor’s designee.
requirements beyond those imposed by the Small Business Regulatory (i) Incorporation by reference.
state law. Accordingly, the Enforcement Fairness Act of 1996, (A) Arizona Revised Statutes.
Administrator certifies that this rule generally provides that before a rule (1) Section 49–542 as amended in
will not have a significant economic may take effect, the agency section 1 of the Arizona House Bill
impact on a substantial number of small promulgating the rule must submit a 2357, 47th Legislature, 1st Regular
entities under the Regulatory Flexibility rule report, which includes a copy of Session (2005) and approved by the
Act (5 U.S.C. 601 et seq.). Because this the rule, to each House of the Congress Governor on April 13, 2005.
rule approves changes to state law and and to the Comptroller General of the (ii) Additional material.
does not impose any additional United States. EPA will submit a report (A) Arizona Department of
enforceable duty beyond that required containing this rule and other required Environmental Quality.
by state law, it does not contain any information to the U.S. Senate, the U.S. (1) Final Arizona State
unfunded mandate or significantly or House of Representatives, and the Implementation Plan Revision, Basic
uniquely affect small governments, as Comptroller General of the United and Enhanced Vehicle Emissions
described in the Unfunded Mandates States prior to publication of the rule in Inspection/Maintenance Programs
Reform Act of 1995 (Pub. L. 104–4). the Federal Register. A major rule (December 2005), adopted by the
This rule also does not have a cannot take effect until 60 days after it Arizona Department of Environmental
substantial direct effect on one or more is published in the Federal Register. Quality on December 23, 2005,
Indian tribes, on the relationship This action is not a (major rule( as excluding appendices.
between the Federal Government and defined by 5 U.S.C. section 804(2). (134) The following plan was
Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean submitted on October 3, 2006 by the
power and responsibilities between the Air Act, petitions for judicial review of Governor’s designee.
Federal Government and Indian tribes, this action must be filed in the United (i) Incorporation by reference.
as specified by Executive Order 13175 States Court of Appeals for the (A) Arizona Department of
(59 FR 22951, November 9, 2000), nor appropriate circuit by May 29, 2007. Environmental Quality.
will it have substantial direct effects on Filing a petition for reconsideration by (1) September 2006 Supplement to
the States, on the relationship between the Administrator of this final rule does Final Arizona State Implementation
the national government and the States, not affect the finality of this rule for the Plan Revision, Basic and Enhanced
or on the distribution of power and purposes of judicial review nor does it Vehicle Emissions Inspection/
responsibilities among the various extend the time within which a petition Maintenance Programs, December 2005,
levels of government, as specified in for judicial review may be filed, and adopted by the Arizona Department of
Executive Order 13132 (64 FR 43255, shall not postpone the effectiveness of Environmental Quality on October 3,
August 10, 1999), because it merely such rule or action. This action may not 2006, excluding appendices.
approves changes to state law be challenged later in proceedings to [FR Doc. E7–5558 Filed 3–29–07; 8:45 am]
implementing a Federal requirement, enforce its requirements. (See section BILLING CODE 6560–50–P
and does not alter the relationship or 307(b)(2).)
the distribution of power and List of Subjects in 40 CFR Part 52
responsibilities established in the Clean DEPARTMENT OF TRANSPORTATION
Environmental protection, Air
Air Act. This rule also is not subject to
pollution control, Carbon monoxide, Federal Transit Administration
Executive Order 13045 ‘‘Protection of
Incorporation by reference,
Children from Environmental Health
Intergovernmental relations, Nitrogen 49 CFR Part 624
and Safety Risks’’ (62 FR 19885, April
oxides, Ozone, Reporting and
23, 1997), because it finalizes approval [Docket No. FTA–2006–24708]
recordkeeping requirements, Volatile
of a state rule implementing a Federal
organic compounds. RIN 2132–AA91
Standard.
In reviewing SIP submissions, EPA’s Dated: March 20, 2007.
Wayne Nastri, Clean Fuels Grant Program
role is to approve state choices,
provided that they meet the criteria of Regional Administrator, Region 9. AGENCY: Federal Transit Administration
the Clean Air Act. In this context, in the ■ Part 52, chapter I, title 40 of the Code (FTA), DOT.
absence of a prior existing requirement of Federal Regulations are amended as ACTION: Final rule.
for the State to use voluntary consensus follows:
standards (VCS), EPA has no authority SUMMARY: On June 9, 1998, the
to disapprove a SIP submission for PART 52—[AMENDED] Transportation Equity Act for the 21st
failure to use VCS. It would thus be ■ 1. The authority citation for part 52 Century (TEA–21) was enacted
inconsistent with applicable law for continues to read as follows: requiring the Federal Transit
EPA, when it reviews a SIP submission, Administration (FTA) to establish the
to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq. Clean Fuels Formula Grant Program (the
that otherwise satisfies the provisions of program). The program was developed
Subpart D—Arizona
the Clean Air Act. Thus, the to assist non-attainment and
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requirements of section 12(d) of the ■ 2. Section 52.120 is amended by maintenance areas in achieving or
National Technology Transfer and adding paragraphs (c)(133) and (c)(134) maintaining the National Ambient Air
Advancement Act of 1995 (15 U.S.C. to read as follows: Quality Standards for ozone and carbon
272 note) do not apply. This rule does monoxide (CO). Additionally, the
not impose an information collection § 52.120 Identification of plan. program supports emerging clean fuel
burden under the provisions of the * * * * * and advanced propulsion technologies

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