80 FR 26189 - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions Inventory Requirements, and General Provisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range		26189-26191
FR Document		2015-10481

The Environmental Protection Agency (EPA) is approving under the Federal Clean Air Act (CAA) revisions to the Albuquerque/Bernalillo County, New Mexico State Implementation Plan (SIP). These revisions add definitions and clarifying changes to the general provisions and add a new emissions inventory regulation that establishes reporting requirements for stationary sources in Albuquerque/Bernalillo County.

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26189-26191]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-10481]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0636; FRL-9927-24-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
New Mexico; Albuquerque/Bernalillo County; Revisions to Emissions
Inventory Requirements, and General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving under
the Federal Clean Air Act (CAA) revisions to the Albuquerque/Bernalillo
County, New Mexico State Implementation Plan (SIP). These revisions add
definitions and clarifying changes to the general provisions and add a
new emissions inventory regulation that establishes reporting
requirements for stationary sources in Albuquerque/Bernalillo County.

DATES: This rule is effective on June 8, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2008-0636. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. John Walser (6PD-L), Air Planning
Section, telephone (214) 665-7128, email: walser.john@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means EPA.

I. Background

The background for today's action is discussed in detail in our
February 2, 2015 direct final rule and proposal (80 FR 5471). The rule
and proposal stated that if any relevant adverse comments were received
by the end of the public comment period on March 4, 2015, the direct
final rule would be withdrawn and we would respond to the comments in a
subsequent final action. A relevant adverse comment was received during
the comment period, and the direct final rule was withdrawn on March
26, 2015 (80 FR 15901). Our February 2, 2015 proposal provides the
basis for today's final action. The SIP revisions proposed for approval
add definitions and clarifying changes to the general provisions and
add a new emissions inventory regulation that establishes reporting
requirements for stationary sources in Albuquerque/Bernalillo County.

II. Response to Comments

We received one comment letter dated February 20, 2015, from the
Sierra Club, regarding our direct final rule.
Comment: ``Acting regional administrator Sam Coleman cannot sign
approvals, disapprovals, or any combination of approvals or
disapproval, in whole or in part, due to the fact that agency actions
on state implementation plans are required to be signed by the regional
administrator, Ron Curry, not the current deputy regional administrator
as stated in the agency's delegations manual. The manual specifically
states that SIP actions can't be redelegated from the regional
administrator.''
Response: As the Acting Regional Administrator, Deputy Regional
Administrator Sam Coleman had authority to sign the proposal and direct
final action on this State Implementation Plan. On January 15, 2015,
the day that the proposal and direct final action were signed, Sam
Coleman was acting in the capacity of the Regional Administrator for
Ron Curry, who was absent from Region 6 at the time. The following
language is listed in the Region 6 Deputy Regional Administrator's
position description ``In the absence of the Regional Administrator,
the Deputy Regional Administrator will perform the duties of the
Regional Administrator.'' A copy of the Deputy Regional Administrator's
position description is included in the docket for this rulemaking.
Further, EPA Region 6 Order 1110.11 establishes a line of succession to
perform the duties of the Regional Administrator should the Regional
Administrator be absent from the office. The Deputy Regional
Administrator is the first person listed on that line of succession. A
copy of EPA Region 6 Order 1110.11 is included in the docket for this
rulemaking.
The heads of administrative agencies are statutorily vested with
the authority to delegate authorities to subordinate officials, 5
U.S.C. 302. Federal Courts have held that rules, including internal

[[Page 26190]]

delegations and appointments of authority are effective regardless of
publication in the Federal Register or the Code of Federal Regulations.
The EPA Delegations Manual, more specifically Chapter 1-21, provides
that the EPA Regional Administrators are delegated the authority, in
relevant part, to sign and submit proposed State Implementation Plans,
including revisions and compliance schedules. Chapter 1-21 of the EPA
Delegations Manual specifically allows the redelegation of these
authorities to the Deputies of the Regional Administrators. A copy of
Chapter 1-21 of the EPA Delegations Manual is included in the docket
for this rulemaking.
The comment only challenged the Deputy Regional Administrator's
authority to sign the Direct Final Action. EPA received no other
comments or challenges as to the substance of the proposal or direct
final. Therefore, we are finalizing our action to approve this SIP
amendment.

III. Final Action

Pursuant to section 110 of the Act, EPA is approving five revisions
to the New Mexico SIP that were submitted on May 6, 2008, November 6,
2009,\1\ December 15, 2010 and October 18, 2012. We evaluated the
state's submittals and determined that they meet the applicable
requirements of the CAA section 110 and applicable EPA guidance. In
accordance with CAA section 110(l), these revisions will not interfere
with attainment of the NAAQS, reasonable further progress, or any other
applicable requirement of the CAA.
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\1\ There are two SIP submittals that were submitted on the same
date, November 6, 2009--one revising 20.11.1 NMAC and one revising
20.11.47 NMAC.
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IV. Incorporation by Reference

In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.4, we are finalizing the incorporation by reference of the
revisions to the Albuquerque/Bernalillo County regulations as described
in the Final Action of this rule. We have made, and will continue to
make, these documents generally available electronically through
www.regulation.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
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).
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 July 6, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed 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
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 dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: April 27, 2015.
Ron Curry,
Regional Administrator, Region 6.

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 GG--New Mexico

0
2. In Sec. 52.162(c), the second table titled ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations'' is

[[Page 26191]]

amended by revising the entry for Part 1 (20.11.1 NMAC) and adding in
sequential order an entry for Part 47 (20.11.47 NMAC) to read as
follows:

Sec. 52.1620 Identification of plan.

* * * * *
(c) * * *

EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environmental Protection Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC)............ General Provisions.. 12/15/2010 5/7/2015 [Insert
Federal Register
citation].

* * * * * * *
Part 47 (20.11.47 NMAC).......... Emissions Inventory 10/18/2012 5/7/2015 [Insert
Requirements. Federal Register
citation].

* * * * * * *
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[FR Doc. 2015-10481 Filed 5-6-15; 8:45 am]
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Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26189

PART 52—APPROVAL AND ENVIRONMENTAL PROTECTION and we would respond to the comments
PROMULGATION OF IMPLEMENTAION AGENCY in a subsequent final action. A relevant
PLANS adverse comment was received during
40 CFR Part 52 the comment period, and the direct final
■ 1. The authority citation for part 52 [EPA–R06–OAR–2008–0636; FRL–9927–24– rule was withdrawn on March 26, 2015
continues to read as follows: Region 6] (80 FR 15901). Our February 2, 2015
proposal provides the basis for today’s
Authority: 42 U.S.C. 7401 et seq. Approval and Promulgation of Air final action. The SIP revisions proposed
Quality Implementation Plans; New for approval add definitions and
Subpart A—General Provisions Mexico; Albuquerque/Bernalillo clarifying changes to the general
County; Revisions to Emissions provisions and add a new emissions
■ 2. Section 52.21 is amended by Inventory Requirements, and General inventory regulation that establishes
revising paragraphs (w)(2) and (3) to Provisions reporting requirements for stationary
read as follows: sources in Albuquerque/Bernalillo
AGENCY: Environmental Protection County.
§ 52.21 Prevention of significant Agency (EPA).
deterioration of air quality. ACTION: Final rule.
II. Response to Comments
* * * * * We received one comment letter dated
SUMMARY: The Environmental Protection February 20, 2015, from the Sierra Club,
(w) * * * Agency (EPA) is approving under the regarding our direct final rule.
(2) Any owner or operator of a Federal Clean Air Act (CAA) revisions Comment: ‘‘Acting regional
stationary source or modification who to the Albuquerque/Bernalillo County, administrator Sam Coleman cannot sign
holds a permit for the source or New Mexico State Implementation Plan approvals, disapprovals, or any
modification may request that the (SIP). These revisions add definitions combination of approvals or
Administrator rescind the permit or a and clarifying changes to the general disapproval, in whole or in part, due to
particular portion of the permit if the provisions and add a new emissions the fact that agency actions on state
permit for the source or modification inventory regulation that establishes implementation plans are required to be
was issued: reporting requirements for stationary signed by the regional administrator,
sources in Albuquerque/Bernalillo Ron Curry, not the current deputy
(i) Under § 52.21 as in effect on July
County. regional administrator as stated in the
30, 1987 or any earlier version of this
DATES: This rule is effective on June 8, agency’s delegations manual. The
section; manual specifically states that SIP
2015.
(ii) Under § 52.21 between July 1, actions can’t be redelegated from the
2011 and July 6, 2015 to a source that ADDRESSES: EPA has established a regional administrator.’’
was classified as a major stationary docket for this action under Docket ID Response: As the Acting Regional
No. EPA–R06–OAR–2008–0636. All Administrator, Deputy Regional
source under paragraph (b)(1) of this
documents in the docket are listed on Administrator Sam Coleman had
section solely on the basis of potential
the http://www.regulations.gov Web authority to sign the proposal and direct
emissions of greenhouse gases, which site. Although listed in the index, some
were defined as a regulated NSR final action on this State
information is not publicly available, Implementation Plan. On January 15,
pollutant through the application of e.g., Confidential Business Information
paragraph (b)(49)(v)(a) of this section as 2015, the day that the proposal and
or other information whose disclosure is direct final action were signed, Sam
in effect during this time period; or restricted by statute. Certain other Coleman was acting in the capacity of
(iii) Under § 52.21 between July 1, material, such as copyrighted material, the Regional Administrator for Ron
2011 and July 6, 2015 for a modification is not placed on the Internet and will be Curry, who was absent from Region 6 at
that was classified as a major publicly available only in hard copy the time. The following language is
modification under paragraph (b)(2) form. Publicly available docket listed in the Region 6 Deputy Regional
solely on the basis of an increase in materials are available either Administrator’s position description ‘‘In
emissions of greenhouse gases, which electronically through http:// the absence of the Regional
were defined as a regulated NSR www.regulations.gov or in hard copy at Administrator, the Deputy Regional
pollutant through the application of EPA Region 6, 1445 Ross Avenue, Suite Administrator will perform the duties of
paragraph (b)(49)(v)(b) of this section as 700, Dallas, Texas 75202–2733. the Regional Administrator.’’ A copy of
in effect during this time period. FOR FURTHER INFORMATION CONTACT: Mr. the Deputy Regional Administrator’s
John Walser (6PD–L), Air Planning position description is included in the
(3) The Administrator shall grant an Section, telephone (214) 665–7128, docket for this rulemaking. Further, EPA
application for rescission if the email: walser.john@epa.gov. Region 6 Order 1110.11 establishes a
application shows that this section
SUPPLEMENTARY INFORMATION: line of succession to perform the duties
would not apply to the source or of the Regional Administrator should
Throughout this document, ‘‘we,’’ ‘‘us,’’
modification. As a result of a decision the Regional Administrator be absent
and ‘‘our’’ means EPA.
of the United States Supreme Court, this from the office. The Deputy Regional
section does not apply to sources or I. Background Administrator is the first person listed
modifications that meet only the The background for today’s action is
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on that line of succession. A copy of
applicability criteria in paragraph discussed in detail in our February 2, EPA Region 6 Order 1110.11 is included
(b)(49)(v) of this section. 2015 direct final rule and proposal (80 in the docket for this rulemaking.
* * * * * FR 5471). The rule and proposal stated The heads of administrative agencies
[FR Doc. 2015–10628 Filed 5–6–15; 8:45 am] that if any relevant adverse comments are statutorily vested with the authority
BILLING CODE 6560–50–P were received by the end of the public to delegate authorities to subordinate
comment period on March 4, 2015, the officials, 5 U.S.C. 302. Federal Courts
direct final rule would be withdrawn have held that rules, including internal

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26190 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations

delegations and appointments of V. Statutory and Executive Order tribal implications and will not impose
authority are effective regardless of Reviews substantial direct costs on tribal
publication in the Federal Register or Under the Clean Air Act, the governments or preempt tribal law as
the Code of Federal Regulations. The Administrator is required to approve a specified by Executive Order 13175 (65
EPA Delegations Manual, more SIP submission that complies with the FR 67249, November 9, 2000).
specifically Chapter 1–21, provides that provisions of the Act and applicable The Congressional Review Act, 5
the EPA Regional Administrators are Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small
delegated the authority, in relevant part, 40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement
to sign and submit proposed State submissions, EPA’s role is to approve Fairness Act of 1996, generally provides
Implementation Plans, including state choices, provided that they meet that before a rule may take effect, the
revisions and compliance schedules. the criteria of the Clean Air Act. agency promulgating the rule must
Accordingly, this action merely submit a rule report, which includes a
Chapter 1–21 of the EPA Delegations
approves state law as meeting Federal copy of the rule, to each House of the
Manual specifically allows the
requirements and does not impose Congress and to the Comptroller General
redelegation of these authorities to the of the United States. EPA will submit a
Deputies of the Regional additional requirements beyond those
imposed by state law. For that reason, report containing this action and other
Administrators. A copy of Chapter 1–21 required information to the U.S. Senate,
of the EPA Delegations Manual is this action:
• Is not a ‘‘significant regulatory the U.S. House of Representatives, and
included in the docket for this the Comptroller General of the United
rulemaking. action’’ subject to review by the Office
of Management and Budget under States prior to publication of the rule in
The comment only challenged the Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
Deputy Regional Administrator’s October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
authority to sign the Direct Final Action. January 21, 2011); is published in the Federal Register.
EPA received no other comments or • does not impose an information This action is not a ‘‘major rule’’ as
challenges as to the substance of the collection burden under the provisions defined by 5 U.S.C. 804(2).
proposal or direct final. Therefore, we of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA,
are finalizing our action to approve this U.S.C. 3501 et seq.); petitions for judicial review of this
SIP amendment. • is certified as not having a action must be filed in the United States
significant economic impact on a Court of Appeals for the appropriate
III. Final Action substantial number of small entities circuit by July 6, 2015. Filing a petition
under the Regulatory Flexibility Act (5 for reconsideration by the Administrator
Pursuant to section 110 of the Act, of this final rule does not affect the
EPA is approving five revisions to the U.S.C. 601 et seq.);
• does not contain any unfunded finality of this action for the purposed
New Mexico SIP that were submitted on of judicial review nor does it extend the
May 6, 2008, November 6, 2009,1 mandate or significantly or uniquely
affect small governments, as described time within which a petition for judicial
December 15, 2010 and October 18, review may be filed, and shall not
in the Unfunded Mandates Reform Act
2012. We evaluated the state’s postpone the effectiveness of such rule
of 1995 (Pub. L. 104–4);
submittals and determined that they • does not have Federalism or action. This action may not be
meet the applicable requirements of the implications as specified in Executive challenged later in proceedings to
CAA section 110 and applicable EPA Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section
guidance. In accordance with CAA 1999); 307(b)(2).)
section 110(l), these revisions will not • is not an economically significant List of Subjects in 40 CFR Part 52
interfere with attainment of the NAAQS, regulatory action based on health or
reasonable further progress, or any other safety risks subject to Executive Order Environmental protection, Air
applicable requirement of the CAA. 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by
• is not a significant regulatory action reference, Intergovernmental relations,
IV. Incorporation by Reference Nitrogen dioxides, Ozone, Particulate
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); matter, Reporting and recordkeeping
In this rule, we are finalizing
• is not subject to requirements of requirements, Volatile organic
regulatory text that includes
section 12(d) of the National compounds.
incorporation by reference. In
accordance with the requirements of 1 Technology Transfer and Advancement Dated: April 27, 2015.
CFR 51.4, we are finalizing the Act of 1995 (15 U.S.C. 272 note) because Ron Curry,
incorporation by reference of the application of those requirements would Regional Administrator, Region 6.
revisions to the Albuquerque/Bernalillo be inconsistent with the Clean Air Act;
and 40 CFR part 52 is amended as follows:
County regulations as described in the
• does not provide EPA with the
Final Action of this rule. We have made, PART 52—APPROVAL AND
discretionary authority to address, as
and will continue to make, these PROMULGATION OF
appropriate, disproportionate human
documents generally available IMPLEMENTATION PLANS
health or environmental effects, using
electronically through
practicable and legally permissible ■ 1. The authority citation for part 52
www.regulation.gov and/or in hard copy methods, under Executive Order 12898
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at the appropriate EPA office (see the continues to read as follows:
(59 FR 7629, February 16, 1994).
ADDRESSES section of this preamble for Authority: 42 U.S.C. 7401 et seq.
In addition, the SIP is not approved to
more information).
apply on any Indian reservation land or Subpart GG—New Mexico
1 There
in any other area where EPA or an
are two SIP submittals that were
submitted on the same date, November 6, 2009—
Indian tribe has demonstrated that a ■ 2. In § 52.162(c), the second table
one revising 20.11.1 NMAC and one revising tribe has jurisdiction. In those areas of titled ‘‘EPA Approved Albuquerque/
20.11.47 NMAC. Indian country, the rule does not have Bernalillo County, NM Regulations’’ is

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amended by revising the entry for Part sequential order an entry for Part 47 § 52.1620 Identification of plan.
1 (20.11.1 NMAC) and adding in (20.11.47 NMAC) to read as follows: * * * * *
(c) * * *

EPA APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS
State
approval/
State citation Title/subject EPA approval date Explanation
submittal
date

New Mexico Administrative Code (NMAC) Title 20—Environmental Protection Chapter 11—Albuquerque/Bernalillo County Air Quality
Control Board

Part 1 (20.11.1 NMAC) ............ General Provisions ................. 12/15/2010 5/7/2015 [Insert Federal Reg-
ister citation].

* * * * * * *
Part 47 (20.11.47 NMAC) ........ Emissions Inventory Require- 10/18/2012 5/7/2015 [Insert Federal Reg-
ments. ister citation].

* * * * * * *

[FR Doc. 2015–10481 Filed 5–6–15; 8:45 am] DATES: This rule is effective on July 6, whose disclosure is restricted by statute.
BILLING CODE 6560–50–P 2015 without further notice unless the Do not submit information that you
EPA receives adverse comment by June consider to be CBI or otherwise
8, 2015. If the EPA receives such protected through www.regulations.gov
ENVIRONMENTAL PROTECTION comments, the EPA will publish a or email. The www.regulations.gov Web
AGENCY timely withdrawal of the direct final site is an ‘‘anonymous access’’ system,
rule in the Federal Register and inform which means that the EPA will not
40 CFR Part 80 the public that the rule will not take know your identity or contact
effect. information unless you provide it in the
[EPA–HQ–OAR–2014–0905; FRL 9927–16– body of your comment. If you send an
OAR] ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ– email comment directly to the EPA
OAR–2014–0905, by one of the without going through
RIN 2060–AS58 www.regulations.gov your email address
following methods:
• www.regulations.gov: Follow the will be automatically captured and
Approval of Alabama’s Request To
on-line instructions for submitting included as part of the comment that is
Relax the Federal Reid Vapor Pressure
comments. placed in the public docket and made
Gasoline Volatility Standard for
Birmingham, Alabama • Email: a-and-r-Docket@epa.gov. available on the Internet. If you submit
• Mail: Air Docket, Environmental an electronic comment, the EPA
AGENCY: Environmental Protection Protection Agency, Mailcode: 6102T, recommends that you include your
Agency. 1200 Pennsylvania Ave. NW., name and other contact information in
ACTION: Direct final rule. Washington, DC, 20460, Attention the body of your comment and with any
Docket ID No. EPA–HQ–OAR–2014– disk or CD–ROM you submit. If the EPA
SUMMARY: The Environmental Protection 0905. Please include a total of two cannot read your comment due to
Agency (EPA) is taking direct final copies. technical difficulties and cannot contact
action to approve a request from the • Hand Delivery: Air and Radiation you for clarification, the EPA may not
state of Alabama for the EPA to relax the Docket, EPA Docket Center, WJC West be able to consider your comment.
Reid Vapor Pressure (RVP) standard Building, Room 3334, 1301 Constitution Electronic files should avoid the use of
applicable to gasoline introduced into Avenue NW., Washington, DC 20004. special characters, any form of
commerce from June 1 to September 15 Attention Docket ID No. EPA–HQ– encryption, and be free of any defects or
of each year for Jefferson and Shelby OAR–2014–0905. Please include two viruses. For additional information
counties (‘‘the Birmingham area’’). copies. Such deliveries are accepted about the EPA’s public docket, visit the
Specifically, the EPA is approving only during the Docket’s normal hours EPA Docket Center homepage at
amendments to the regulations to of operation, and special arrangements http://www.epa.gov/epahome/
change the RVP standard for the should be made for deliveries of boxed dockets.htm.
Birmingham area from 7.8 pounds per information. Docket: All documents in the docket
square inch (psi) to 9.0 psi for gasoline. Instructions: Direct your comments to are listed in the www.regulations.gov
The EPA has determined that this Docket ID No. EPA–HQ–OAR–2014– index. Although listed in the index,
change to the federal RVP regulation is 0905. The EPA’s policy is that all some information is not publicly
consistent with the applicable comments received will be included in available, e.g., CBI or other information
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provisions of the Clean Air Act (CAA). the public docket without change and whose disclosure is restricted by statute.
This action is being taken without prior may be made available online at Certain other material, such as
proposal because the EPA believes that www.regulations.gov, including any copyrighted material, will be publicly
this rulemaking is noncontroversial for personal information provided, unless available only in hard copy. Publicly
the reasons set forth in this preamble, the comment includes information available docket materials are available
and due to the limited scope of this claimed to be Confidential Business either electronically in
action. Information (CBI) or other information www.regulations.gov or in hard copy at

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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 on June 8, 2015.
Contact		Mr. John Walser (6PD-L), Air Planning Section, telephone (214) 665-7128, email: [email protected]
FR Citation		80 FR 26189
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxides; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds