80_FR_57911 80 FR 57725 - Revisions to the California State Implementation Plan, Monterey Bay Unified Air Pollution Control District, Ventura County Air Pollution Control District

80 FR 57725 - Revisions to the California State Implementation Plan, Monterey Bay Unified Air Pollution Control District, Ventura County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 186 (September 25, 2015)

Page Range57725-57727
FR Document2015-24106

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and the Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act (CAA or the Act), we are approving local rules that address volatile organic compound (VOC) emissions from the transfer of gasoline into vehicle fuel tanks, and from the transfer or dispensing of liquefied petroleum gas (LPG).

Federal Register, Volume 80 Issue 186 (Friday, September 25, 2015)
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57725-57727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0369; FRL-9933-22-Region 9]


Revisions to the California State Implementation Plan, Monterey 
Bay Unified Air Pollution Control District, Ventura County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Monterey Bay Unified Air 
Pollution Control District (MBUAPCD) and the Ventura County Air 
Pollution Control District (VCAPCD) portions of the California State 
Implementation Plan (SIP). Under authority of the Clean Air Act (CAA or 
the Act), we are approving local rules that address volatile organic 
compound (VOC) emissions from the transfer of gasoline into vehicle 
fuel tanks, and from the transfer or dispensing of liquefied petroleum 
gas (LPG).

DATES: These rules are effective on November 24, 2015 without further 
notice, unless EPA receives adverse comments by October 26, 2015. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2015-0369, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. 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.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213) 
244-1810, shears.james@epa.gov.

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
             Local agency                   Rule #             Rule title             revised        Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD...............................            1002  Transfer of Gaslone into        12/17/14        04/07/15
                                                         Vehicle Fuel Tanks.
VCAPCD................................           74.33  Liquefied Petroleum Gas         01/13/15        04/07/15
                                                         Transfer or Dispensing.
----------------------------------------------------------------------------------------------------------------

    On April 30, 2015, EPA determined that the submittals for MBUAPCD 
Rule 1002 and VCAPCD Rule 74.33 each met the completeness criteria in 
40 CFR part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of MBUAPCD Rule 1002 into the SIP on 
January 2, 2008 (73 FR 48). There is no previous version of VCAPCD Rule 
74.33 in the SIP.

C. What is the purpose of the submitted rules?

    Section 110(a) of the CAA requires States to submit regulations 
that control VOCs, oxides of nitrogen, particulate matter, and other 
air pollutants which harm human health and the environment. VOC rules 
were developed as part of the local agencies' programs to control these 
pollutants. MBUAPCD Rule 1002 is designed to limit emissions of VOCs 
from the transfer of gasoline into vehicle fuel tanks. In order to 
simplify the source testing section of the SIP-approved rule, the Stage 
II vapor recovery compliance test procedures are removed from the rule 
language, and instead the rule requires owners and operators of 
gasoline dispensing facilities to adhere to the applicable California 
Air Resources Board (CARB) Executive Order for gasoline testing 
procedures. The corresponding testing cycles are included in the 
gasoline facility permits. VCAPCD Rule 74.33 is designed to limit 
fugitive VOC emissions from the transfer or dispensing of LPG. It 
describes related equipment and operation requirements, leak detection

[[Page 57726]]

and repair program requirements, and recordkeeping and reporting 
requirements. EPA's technical support documents (TSDs) have more 
information about the MBUAPCD and VCAPCD rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    These rules must be enforceable (see section 110(a) of the Act) and 
must not relax existing requirements (see sections 110(l) and 193). EPA 
policy that we use to evaluate enforceability requirements consistently 
includes the Bluebook (``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies, and Deviations,'' EPA, May 25, 1988), the Little Bluebook 
(``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001), and ``State 
Implementation Plans; General Preamble for the Implementation of Title 
I of the Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 
1992); 57 FR 18070 (April 28, 1992).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSDs have 
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    Our TSD for MBUAPCD describes additional rule revisions that we 
recommend for the next time the local agency modifies the rule. We have 
no recommendations for VCAPCD Rule 74.33 at this time.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by October 26, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on November 24, 2015. This will incorporate 
these rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Incorporation by Reference

    In these rules, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR part 51.5, the EPA is finalizing the incorporation by reference of 
the MBUAPCD and VCAPCD rules described in the amendments to 40 CFR part 
52 set forth below. The EPA made, and will continue to make, these 
documents available electronically through www.regulations.gov and in 
hard copy at the appropriate EPA office (see the ADDRESSES section of 
this preamble for more information).

IV. 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 rules are 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 rules do 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 24, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this

[[Page 57727]]

action published in the Proposed Rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 11, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(461) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (461) New and amended regulations were submitted on April 7, 2015 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, ``Transfer of Gasoline into Vehicle Fuel Tanks,'' 
revised on December 17, 2014.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.33, ``Liquefied Petroleum Gas Transfer or Dispensing,'' 
adopted on January 13, 2015.
* * * * *
[FR Doc. 2015-24106 Filed 9-24-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations                                                  57725

                                                *       *       *       *        *                              Register to notify the public that this                California. While all documents in the
                                                [FR Doc. 2015–23176 Filed 9–24–15; 8:45 am]                     direct final rule will not take effect.                docket are listed at
                                                BILLING CODE 6560–50–P                                          ADDRESSES: Submit comments,                            www.regulations.gov, some information
                                                                                                                identified by docket number EPA–R09–                   may be publicly available only at the
                                                                                                                OAR–2015–0369, by one of the                           hard copy location (e.g., copyrighted
                                                ENVIRONMENTAL PROTECTION                                        following methods:                                     material, large maps), and some may not
                                                AGENCY                                                            1. Federal eRulemaking Portal:                       be publicly available in either location
                                                                                                                www.regulations.gov. Follow the on-line                (e.g., CBI). To inspect the hard copy
                                                40 CFR Part 52                                                  instructions.                                          materials, please schedule an
                                                [EPA–R09–OAR–2015–0369; FRL–9933–22–
                                                                                                                  2. Email: steckel.andrew@epa.gov.                    appointment during normal business
                                                Region 9]                                                         3. Mail or deliver: Andrew Steckel                   hours with the contact listed in the FOR
                                                                                                                (Air-4), U.S. Environmental Protection                 FURTHER INFORMATION CONTACT section.
                                                Revisions to the California State                               Agency Region IX, 75 Hawthorne Street,
                                                                                                                San Francisco, CA 94105–3901.                          FOR FURTHER INFORMATION CONTACT:
                                                Implementation Plan, Monterey Bay
                                                Unified Air Pollution Control District,                           Instructions: All comments will be                   James Shears, EPA Region IX, (213)
                                                Ventura County Air Pollution Control                            included in the public docket without                  244–1810, shears.james@epa.gov.
                                                District                                                        change and may be made available                       SUPPLEMENTARY INFORMATION:
                                                                                                                online at www.regulations.gov,                         Throughout this document, ‘‘we,’’ ‘‘us’’
                                                AGENCY: Environmental Protection                                including any personal information
                                                Agency (EPA).                                                                                                          and ‘‘our’’ refer to EPA.
                                                                                                                provided, unless the comment includes
                                                ACTION: Direct final rule.                                      Confidential Business Information (CBI)                Table of Contents
                                                                                                                or other information whose disclosure is               I. The State’s Submittal
                                                SUMMARY: The Environmental Protection
                                                                                                                restricted by statute. Information that                   A. What rules did the State submit?
                                                Agency (EPA) is taking direct final                             you consider CBI or otherwise protected
                                                action to approve revisions to the                                                                                        B. Are there other versions of these rules?
                                                                                                                should be clearly identified as such and                  C. What is the purpose of the submitted
                                                Monterey Bay Unified Air Pollution                              should not be submitted through
                                                Control District (MBUAPCD) and the                                                                                           rules?
                                                                                                                www.regulations.gov or email.                          II. EPA’s Evaluation and Action
                                                Ventura County Air Pollution Control                            www.regulations.gov is an ‘‘anonymous
                                                District (VCAPCD) portions of the                                                                                         A. How is EPA evaluating the rules?
                                                                                                                access’’ system, and EPA will not know                    B. Do the rules meet the evaluation
                                                California State Implementation Plan                            your identity or contact information
                                                (SIP). Under authority of the Clean Air                                                                                      criteria?
                                                                                                                unless you provide it in the body of                      C. EPA recommendations to further
                                                Act (CAA or the Act), we are approving                          your comment. If you send email                              improve the rules
                                                local rules that address volatile organic                       directly to EPA, your email address will                  D. Public comment and final action
                                                compound (VOC) emissions from the                               be automatically captured and included                 III. Incorporation by Reference
                                                transfer of gasoline into vehicle fuel                          as part of the public comment. If EPA                  IV. Statutory and Executive Order Reviews
                                                tanks, and from the transfer or                                 cannot read your comment due to
                                                dispensing of liquefied petroleum gas                           technical difficulties and cannot contact              I. The State’s Submittal
                                                (LPG).                                                          you for clarification, EPA may not be                  A. What rules did the State submit?
                                                DATES: These rules are effective on                             able to consider your comment.
                                                November 24, 2015 without further                                 Docket: Generally, documents in the                    Table 1 lists the rules we are
                                                notice, unless EPA receives adverse                             docket for this action are available                   approving with the dates that they were
                                                comments by October 26, 2015. If we                             electronically at www.regulations.gov                  adopted by the local air agencies and
                                                receive such comments, we will publish                          and in hard copy at EPA Region IX, 75                  submitted by the California Air
                                                a timely withdrawal in the Federal                              Hawthorne Street, San Francisco,                       Resources Board.

                                                                                                                     TABLE 1—SUBMITTED RULES
                                                                                                                                                                                        Adopted/
                                                            Local agency                       Rule #                                        Rule title                                                   Submitted
                                                                                                                                                                                         revised

                                                MBUAPCD ..............................                   1002   Transfer of Gaslone into Vehicle Fuel Tanks .........................       12/17/14          04/07/15
                                                VCAPCD .................................                74.33   Liquefied Petroleum Gas Transfer or Dispensing ..................           01/13/15          04/07/15



                                                  On April 30, 2015, EPA determined                             C. What is the purpose of the submitted                the Stage II vapor recovery compliance
                                                that the submittals for MBUAPCD Rule                            rules?                                                 test procedures are removed from the
                                                1002 and VCAPCD Rule 74.33 each met                                Section 110(a) of the CAA requires                  rule language, and instead the rule
                                                the completeness criteria in 40 CFR part                        States to submit regulations that control              requires owners and operators of
                                                51 Appendix V, which must be met                                VOCs, oxides of nitrogen, particulate                  gasoline dispensing facilities to adhere
                                                before formal EPA review.                                       matter, and other air pollutants which                 to the applicable California Air
                                                                                                                harm human health and the                              Resources Board (CARB) Executive
                                                B. Are there other versions of these                                                                                   Order for gasoline testing procedures.
                                                rules?                                                          environment. VOC rules were
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                                developed as part of the local agencies’               The corresponding testing cycles are
                                                  We approved an earlier version of                             programs to control these pollutants.                  included in the gasoline facility permits.
                                                MBUAPCD Rule 1002 into the SIP on                               MBUAPCD Rule 1002 is designed to                       VCAPCD Rule 74.33 is designed to limit
                                                January 2, 2008 (73 FR 48). There is no                         limit emissions of VOCs from the                       fugitive VOC emissions from the
                                                previous version of VCAPCD Rule 74.33                           transfer of gasoline into vehicle fuel                 transfer or dispensing of LPG. It
                                                in the SIP.                                                     tanks. In order to simplify the source                 describes related equipment and
                                                                                                                testing section of the SIP-approved rule,              operation requirements, leak detection


                                           VerDate Sep<11>2014      17:35 Sep 24, 2015     Jkt 235001    PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\25SER1.SGM     25SER1


                                                57726            Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations

                                                and repair program requirements, and                      Please note that if EPA receives                    safety risks subject to Executive Order
                                                recordkeeping and reporting                             adverse comment on an amendment,                      13045 (62 FR 19885, April 23, 1997);
                                                requirements. EPA’s technical support                   paragraph, or section of this rule and if                • is not a significant regulatory action
                                                documents (TSDs) have more                              that provision may be severed from the                subject to Executive Order 13211 (66 FR
                                                information about the MBUAPCD and                       remainder of the rule, EPA may adopt                  28355, May 22, 2001);
                                                VCAPCD rules.                                           as final those provisions of the rule that               • is not subject to requirements of
                                                II. EPA’s Evaluation and Action                         are not the subject of an adverse                     Section 12(d) of the National
                                                                                                        comment.                                              Technology Transfer and Advancement
                                                A. How is EPA evaluating the rules?                                                                           Act of 1995 (15 U.S.C. 272 note) because
                                                                                                        III. Incorporation by Reference
                                                   These rules must be enforceable (see                                                                       application of those requirements would
                                                section 110(a) of the Act) and must not                    In these rules, the EPA is finalizing              be inconsistent with the Clean Air Act;
                                                relax existing requirements (see sections               regulatory text that includes                         and
                                                110(l) and 193). EPA policy that we use                 incorporation by reference. In                           • does not provide EPA with the
                                                to evaluate enforceability requirements                 accordance with the requirements of 1                 discretionary authority to address, as
                                                consistently includes the Bluebook                      CFR part 51.5, the EPA is finalizing the              appropriate, disproportionate human
                                                (‘‘Issues Relating to VOC Regulation                    incorporation by reference of the                     health or environmental effects, using
                                                Cutpoints, Deficiencies, and                            MBUAPCD and VCAPCD rules                              practicable and legally permissible
                                                Deviations,’’ EPA, May 25, 1988), the                   described in the amendments to 40 CFR                 methods, under Executive Order 12898
                                                Little Bluebook (‘‘Guidance Document                    part 52 set forth below. The EPA made,                (59 FR 7629, February 16, 1994).
                                                for Correcting Common VOC & Other                       and will continue to make, these                         In addition, the rules are not
                                                Rule Deficiencies,’’ EPA Region 9,                      documents available electronically                    approved to apply on any Indian
                                                August 21, 2001), and ‘‘State                           through www.regulations.gov and in                    reservation land or in any other area
                                                Implementation Plans; General                           hard copy at the appropriate EPA office               where EPA or an Indian tribe has
                                                Preamble for the Implementation of                      (see the ADDRESSES section of this                    demonstrated that a tribe has
                                                Title I of the Clean Air Act Amendments                 preamble for more information).                       jurisdiction. In those areas of Indian
                                                of 1990,’’ 57 FR 13498 (April 16, 1992);                IV. Statutory and Executive Order                     country, the rules do not have tribal
                                                57 FR 18070 (April 28, 1992).                           Reviews                                               implications and will not impose
                                                B. Do the rules meet the evaluation                        Under the Clean Air Act, the                       substantial direct costs on tribal
                                                criteria?                                               Administrator is required to approve a                governments or preempt tribal law as
                                                                                                        SIP submission that complies with the                 specified by Executive Order 13175 (65
                                                  We believe these rules are consistent                                                                       FR 67249, November 9, 2000).
                                                with the relevant policy and guidance                   provisions of the Act and applicable
                                                                                                        Federal regulations. 42 U.S.C. 7410(k);                  The Congressional Review Act, 5
                                                regarding enforceability and SIP                                                                              U.S.C. 801 et seq., as added by the Small
                                                relaxations. The TSDs have more                         40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                        submissions, EPA’s role is to approve                 Business Regulatory Enforcement
                                                information on our evaluation.                                                                                Fairness Act of 1996, generally provides
                                                                                                        state choices, provided that they meet
                                                C. EPA Recommendations to Further                       the criteria of the Clean Air Act.                    that before a rule may take effect, the
                                                Improve the Rules                                       Accordingly, this action merely                       agency promulgating the rule must
                                                  Our TSD for MBUAPCD describes                         approves state law as meeting Federal                 submit a rule report, which includes a
                                                additional rule revisions that we                       requirements and does not impose                      copy of the rule, to each House of the
                                                recommend for the next time the local                   additional requirements beyond those                  Congress and to the Comptroller General
                                                agency modifies the rule. We have no                    imposed by state law. For that reason,                of the United States. EPA will submit a
                                                recommendations for VCAPCD Rule                         this action:                                          report containing this action and other
                                                74.33 at this time.                                        • Is not a significant regulatory action           required information to the U.S. Senate,
                                                                                                        subject to review by the Office of                    the U.S. House of Representatives, and
                                                D. Public Comment and Final Action                                                                            the Comptroller General of the United
                                                                                                        Management and Budget under
                                                  As authorized in section 110(k)(3) of                 Executive Orders 12866 (58 FR 51735,                  States prior to publication of the rule in
                                                the Act, EPA is fully approving the                     October 4, 1993) and 13563 (76 FR 3821,               the Federal Register. A major rule
                                                submitted rules because we believe they                 January 21, 2011);                                    cannot take effect until 60 days after it
                                                fulfill all relevant requirements. We do                   • does not impose an information                   is published in the Federal Register.
                                                not think anyone will object to this                    collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                                approval, so we are finalizing it without               of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                                proposing it in advance. However, in                    U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the Clean
                                                the Proposed Rules section of this                         • is certified as not having a                     Air Act, petitions for judicial review of
                                                Federal Register, we are simultaneously                 significant economic impact on a                      this action must be filed in the United
                                                proposing approval of the same                          substantial number of small entities                  States Court of Appeals for the
                                                submitted rules. If we receive adverse                  under the Regulatory Flexibility Act (5               appropriate circuit by November 24,
                                                comments by October 26, 2015, we will                   U.S.C. 601 et seq.);                                  2015. Filing a petition for
                                                publish a timely withdrawal in the                         • does not contain any unfunded                    reconsideration by the Administrator of
                                                Federal Register to notify the public                   mandate or significantly or uniquely                  this final rule does not affect the finality
                                                that the direct final approval will not                 affect small governments, as described                of this action for the purposes of judicial
                                                take effect and we will address the                     in the Unfunded Mandates Reform Act                   review nor does it extend the time
mstockstill on DSK4VPTVN1PROD with RULES




                                                comments in a subsequent final action                   of 1995 (Pub. L. 104–4);                              within which a petition for judicial
                                                based on the proposal. If we do not                        • does not have Federalism                         review may be filed, and shall not
                                                receive timely adverse comments, the                    implications as specified in Executive                postpone the effectiveness of such rule
                                                direct final approval will be effective                 Order 13132 (64 FR 43255, August 10,                  or action. Parties with objections to this
                                                without further notice on November 24,                  1999);                                                direct final rule are encouraged to file a
                                                2015. This will incorporate these rules                    • is not an economically significant               comment in response to the parallel
                                                into the federally enforceable SIP.                     regulatory action based on health or                  notice of proposed rulemaking for this


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                                                                 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations                                      57727

                                                action published in the Proposed Rules                  ENVIRONMENTAL PROTECTION                              Implementation Branch, Air, Pesticides
                                                section of today’s Federal Register,                    AGENCY                                                and Toxics Management Division, U.S.
                                                rather than file an immediate petition                                                                        Environmental Protection Agency,
                                                for judicial review of this direct final                40 CFR Part 52                                        Region 4, 61 Forsyth Street SW.,
                                                rule, so that EPA can withdraw this                     [EPA–R04–OAR–2015–0133; FRL–9934–72–                  Atlanta, Georgia 30303–8960. Mr.
                                                direct final rule and address the                       Region 4]                                             Lakeman can be reached by phone at
                                                comment in the proposed rulemaking.                                                                           (404) 562–9043 or via electronic mail at
                                                This action may not be challenged later                 Approval and Promulgation of                          lakeman.sean@epa.gov.
                                                in proceedings to enforce its                           Implementation Plans; Florida; Combs                  SUPPLEMENTARY INFORMATION:
                                                requirements (see section 307(b)(2)).                   Oil Company Variance
                                                                                                                                                              I. Background
                                                List of Subjects in 40 CFR Part 52                      AGENCY:  Environmental Protection
                                                                                                        Agency (EPA).                                            The Florida Rule 62–296.418 requires
                                                  Environmental protection, Air                         ACTION: Final rule.                                   bulk gasoline plants which began
                                                pollution control, Incorporation by                                                                           operation on or after August 1, 2007, to
                                                reference, Intergovernmental relations,                 SUMMARY: The Environmental Protection                 install and operate vapor collection and
                                                Ozone, Reporting and recordkeeping                      Agency (EPA) is approving a revision to               control systems on their loading racks.
                                                requirements, Volatile organic                          the State Implementation Plan (SIP)                   The rule became effective on May 9,
                                                compounds.                                              submitted by the State of Florida                     2007, and was submitted to EPA as a
                                                                                                        through the Department of                             proposed SIP revision on May 31, 2007.
                                                  Dated: August 11, 2015.                               Environmental Protection (DEP) on July                EPA approved the SIP revision on June
                                                Jared Blumenfeld,                                       31, 2009. The revision grants a variance              1, 2009 (74 FR 26103).
                                                Regional Administrator, Region IX.                      to the Combs Oil Company, located in                     On May 30, 2007, Combs Oil
                                                                                                        Naples, Florida. This source specific                 Company submitted a petition for
                                                  Part 52, Chapter I, Title 40 of the Code              revision relieves the Combs Oil                       variance from the requirements of Rule
                                                of Federal Regulations is amended as                    Company of the requirement to comply                  62–296.418(2)(b)2, Florida
                                                follows:                                                with the Florida rule governing                       Administrative Code (F.A.C.), for its
                                                                                                        installation and operation of vapor                   new bulk gasoline plant. The company
                                                PART 52—APPROVAL AND                                    collection and control systems on                     operates an existing bulk gasoline plant
                                                PROMULGATION OF                                         loading racks at bulk gasoline plants.                in Naples, Florida. The new plant
                                                IMPLEMENTATION PLANS                                    EPA is approving Florida’s July 31,                   would replace the existing plant and be
                                                                                                        2009, source specific SIP revision.                   constructed at a different site in the
                                                ■ 1. The authority citation for Part 52                 DATES: This rule will be effective                    area.
                                                continues to read as follows:                           October 26, 2015.                                        Under Section 120.542 of the Florida
                                                    Authority: 42 U.S.C. 7401 et seq.                   ADDRESSES: EPA has established a                      Statutes, the DEP may grant a variance
                                                                                                        docket for this action under Docket                   when the person subject to a rule
                                                Subpart F—California                                    Identification No. EPA–R04–OAR–                       demonstrates that the purpose of the
                                                                                                        2015–0133. All documents in the docket                underlying statute will be or has been
                                                ■ 2. Section 52.220 is amended by                       are listed on the www.regulations.gov                 achieved by other means, or when
                                                adding paragraph (c)(461) to read as                    Web site. Although listed in the index,               application of a rule would create a
                                                follows:                                                some information is not publicly                      substantial hardship or violate
                                                                                                        available, i.e., Confidential Business                principles of fairness. The DEP
                                                § 52.220    Identification of plan.                     Information or other information whose                determined that Combs Oil Company
                                                *      *    *     *    *                                disclosure is restricted by statute.                  had demonstrated that principles of
                                                  (c) * * *                                             Certain other material, such as                       fairness would be violated because the
                                                                                                        copyrighted material, is not placed on                facility would have begun operations
                                                  (461) New and amended regulations                     the Internet and will be publicly                     prior to August 1, 2007, but for delays
                                                were submitted on April 7, 2015 by the                  available only in hard copy form.                     in building and relocating to the new
                                                Governor’s designee.                                    Publicly available docket materials are               facility related to hurricanes, which
                                                  (i) Incorporation by Reference.                       available either electronically through               were beyond the control of the
                                                  (A) Monterey Bay Unified Air                          www.regulations.gov or in hard copy at                company. Therefore, the DEP issued an
                                                Pollution Control District.                             the Air Regulatory Management Section,                Order Granting Variance to Combs Oil
                                                                                                        Air Planning and Implementation                       Company on August 20, 2008, relieving
                                                  (1) Rule 1002, ‘‘Transfer of Gasoline                 Branch, Air, Pesticides and Toxics                    the company from the requirements of
                                                into Vehicle Fuel Tanks,’’ revised on                   Management Division, U.S.                             Rule 62–296.418(2)(b)2., F.A.C., for its
                                                December 17, 2014.                                      Environmental Protection Agency,                      proposed new facility.
                                                  (B) Ventura County Air Pollution                      Region 4, 61 Forsyth Street SW.,                         In a notice of proposed rulemaking
                                                Control District.                                       Atlanta, Georgia 30303–8960. EPA                      (NPR) published on July 20, 2015, EPA
                                                  (1) Rule 74.33, ‘‘Liquefied Petroleum                 requests that if at all possible, you                 proposed to approve Florida’s July 31,
                                                                                                        contact the person listed in the FOR                  2009, SIP revision granting a variance to
                                                Gas Transfer or Dispensing,’’ adopted on
                                                                                                        FURTHER INFORMATION CONTACT section to                the Combs Oil Company, located in
                                                January 13, 2015.
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                        schedule your inspection. The Regional                Naples, Florida. See 80 FR 42763. The
                                                *      *    *     *    *                                Office’s official hours of business are               details of Florida’s submittal and the
                                                [FR Doc. 2015–24106 Filed 9–24–15; 8:45 am]             Monday through Friday 8:30 a.m. to                    rationale for EPA’s actions are explained
                                                BILLING CODE 6560–50–P                                  4:30 p.m., excluding Federal holidays.                in the NPR. Comments on the proposed
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      rulemaking were due on or before
                                                                                                        Sean Lakeman, Air Regulatory                          August 19, 2015. No adverse comments
                                                                                                        Management Section, Air Planning and                  were received.


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Document Created: 2018-02-26 10:20:10
Document Modified: 2018-02-26 10:20:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThese rules are effective on November 24, 2015 without further notice, unless EPA receives adverse comments by October 26, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
ContactJames Shears, EPA Region IX, (213) 244-1810, [email protected]
FR Citation80 FR 57725 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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