81_FR_6787 81 FR 6761 - Approval and Promulgation of Implementation Plans; California; San Joaquin Valley Unified Air Pollution Control District; Employer Based Trip Reduction Programs

81 FR 6761 - Approval and Promulgation of Implementation Plans; California; San Joaquin Valley Unified Air Pollution Control District; Employer Based Trip Reduction Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range6761-6763
FR Document2016-02411

The Environmental Protection Agency (EPA) is approving a regulation submitted for incorporation into the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or District) portion of the California State Implementation Plan (SIP). The regulation, Rule 9410 (Employer Based Trip Reduction), establishes requirements for employers in the San Joaquin Valley to implement programs encouraging employees to use ridesharing and alternative transportation methods to reduce air pollution. The effect of this action is to make the requirements of Rule 9410 federally enforceable as part of the California SIP.

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Rules and Regulations]
[Pages 6761-6763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02411]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0715; FRL-9941-16-Region 9]


Approval and Promulgation of Implementation Plans; California; 
San Joaquin Valley Unified Air Pollution Control District; Employer 
Based Trip Reduction Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
regulation submitted for incorporation into the San Joaquin Valley 
Unified Air Pollution Control District (SJVUAPCD or District) portion 
of the California State Implementation Plan (SIP). The regulation, Rule 
9410 (Employer Based Trip Reduction), establishes requirements for 
employers in the San Joaquin Valley to implement programs encouraging 
employees to use ridesharing and alternative transportation methods to 
reduce air pollution. The effect of this action is to make the 
requirements of Rule 9410 federally enforceable as part of the 
California SIP.

DATES: This rule will be effective on March 10, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2014-0715 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (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: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On August 24, 2015 at 80 FR 51153, the EPA proposed to approve the 
following rule into the California SIP.

[[Page 6762]]



                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency               Rule No.               Rule title               Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD......................            9410   Employer Based Trip Reduction        12/17/09         05/17/10
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complied with the relevant Clean Air Act (``CAA'' or ``Act'') 
requirements. Our proposed action contains more information on the rule 
and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, which ended on September 23, 2015, we received one 
comment from a member of the public. We are summarizing that comment 
and providing our response below.
    Comment: The commenter supports the rule and the District's goal of 
encouraging transportation alternatives to driving to work alone. But 
the commenter states that, although the supporting documents provide 
satisfactory information about how commuter programs can reduce air 
pollution, ``when reviewing the available information in the docket 
folder, [the commenter] noticed a lack of solutions to the problem of 
this particular facet of pollution in the primary document.'' The 
commenter asks whether this means that ``solutions have yet to be 
identified or fully planned.''
    Response: Section 5 of Rule 9410 suggests trip reduction strategies 
that covered employers may choose to implement, including transit 
programs and ride-sharing opportunities, among others. Employers must 
identify which of these specific trip reduction strategies they will 
adopt, and report the results of their efforts annually to the 
SJVUAPCD. In today's action, EPA is not approving specific trip 
reduction plans for individual employers, but is approving the general 
requirements in Rule 9410 that direct employers to develop trip 
reduction plans.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
SJVUAPCD rule described in the amendments to 40 CFR part 52 set forth 
below. The EPA had 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).

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 proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive 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 proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: December 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)(379)(i)(C)(7) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (379) * * *
    (i) * * *
    (C) * * *

[[Page 6763]]

    (7) Rule 9410, ``Employer Based Trip Reduction,'' adopted on 
December 17, 2009.
* * * * *
[FR Doc. 2016-02411 Filed 2-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations                                           6761

                                                and other required information to the                   and (G), (c)(187)(i)(E), (c)(254)(i)(C)(6)            ACTION:   Final rule.
                                                U.S. Senate, the U.S. House of                          and (7), and (c)(361)(i)(A)(4) to read as
                                                Representatives, and the Comptroller                    follows:                                              SUMMARY:   The Environmental Protection
                                                General of the United States prior to                                                                         Agency (EPA) is approving a regulation
                                                                                                        § 52.220    Identification of plan.
                                                publication of the rule in the Federal                                                                        submitted for incorporation into the San
                                                Register. A major rule cannot take effect               *      *     *     *     *
                                                                                                           (c) * * *                                          Joaquin Valley Unified Air Pollution
                                                until 60 days after it is published in the                                                                    Control District (SJVUAPCD or District)
                                                Federal Register. This action is not a                     (51) * * *
                                                                                                           (xiii) * * *                                       portion of the California State
                                                ‘‘major rule’’ as defined by 5 U.S.C.                      (E) Previously approved on May 18,                 Implementation Plan (SIP). The
                                                804(2).                                                 1981 in paragraph (c)(51)(xiii)(A) of this            regulation, Rule 9410 (Employer Based
                                                   Under section 307(b)(1) of the Clean                 section and now deleted with                          Trip Reduction), establishes
                                                Air Act, petitions for judicial review of               replacement in paragraph                              requirements for employers in the San
                                                this action must be filed in the United                 (c)(187)(i)(E)(1) of this section, Rule 206.
                                                States Court of Appeals for the                                                                               Joaquin Valley to implement programs
                                                                                                           (F) Previously approved on May 18,                 encouraging employees to use
                                                appropriate circuit by April 11, 2016.                  1981 in paragraph (c)(51)(xiii)(A) of this
                                                Filing a petition for reconsideration by                                                                      ridesharing and alternative
                                                                                                        section and now deleted with                          transportation methods to reduce air
                                                the Administrator of this final rule does               replacement in paragraph (c)(254)(i)(C)
                                                not affect the finality of this action for                                                                    pollution. The effect of this action is to
                                                                                                        of this section, Rules 203 and 204.
                                                the purposes of judicial review nor does                                                                      make the requirements of Rule 9410
                                                                                                           (G) Previously approved on May 18,
                                                it extend the time within which a                       1981 in paragraph (c)(51)(xiii)(A) of this            federally enforceable as part of the
                                                petition for judicial review may be filed,              section and now deleted with                          California SIP.
                                                and shall not postpone the effectiveness                replacement in paragraph                              DATES:This rule will be effective on
                                                of such rule or action. Parties with                    (c)(361)(i)(A)(4) of this section, Rule               March 10, 2016.
                                                objections to this direct final rule are                201.
                                                encouraged to file a comment in                         *      *     *     *     *                            ADDRESSES:    The EPA has established
                                                response to the parallel notice of                         (187) * * *                                        docket number EPA–R09–OAR–2014–
                                                proposed rulemaking for this action                        (i) * * *                                          0715 for this action. Generally,
                                                published in the Proposed Rules section                    (E) Santa Barbara County Air                       documents in the docket for this action
                                                of this Federal Register, rather than file              Pollution Control District.                           are available electronically at http://
                                                an immediate petition for judicial                         (1) Rule 206, ‘‘Conditional Approval               www.regulations.gov or in hard copy at
                                                review of this direct final rule, so that               of Authority to Construct or Permit to                EPA Region IX, 75 Hawthorne Street,
                                                the EPA can withdraw this direct final                  Operate,’’ Revised October 15, 1991.                  San Francisco, California 94105–3901.
                                                rule and address the comment in the                     *      *     *     *     *                            While all documents in the docket are
                                                proposed rulemaking. This action may                       (254) * * *                                        listed at http://www.regulations.gov,
                                                not be challenged later in proceedings to                  (i) * * *                                          some information may be publicly
                                                enforce its requirements (see section                      (C) * * *                                          available only at the hard copy location
                                                307(b)(2)).                                                (6) Rule 203, ‘‘Transfer,’’ revised April
                                                                                                        17, 1997.                                             (e.g., copyrighted material, large maps,
                                                List of Subjects in 40 CFR Part 52                         (7) Rule 204, ‘‘Applications,’’ revised            multi-volume reports), and some may
                                                  Environmental protection, Air                         April 17, 1997.                                       not be available in either location (e.g.,
                                                pollution control, Incorporation by                     *      *     *     *     *                            confidential business information
                                                reference, Intergovernmental relations,                    (361) * * *                                        (CBI)). To inspect the hard copy
                                                Nitrogen dioxide, Ozone, Particulate                       (i) * * *                                          materials, please schedule an
                                                matter, Reporting and recordkeeping                        (A) * * *                                          appointment during normal business
                                                requirements.                                              (4) Rule 201, ‘‘Permits Required,’’                hours with the contact listed in the FOR
                                                                                                        revised June 19, 2008.                                FURTHER INFORMATION CONTACT section.
                                                    Authority: 42 U.S.C. 7401 et seq.
                                                                                                        *      *     *     *     *
                                                  Dated: December 3, 2015.                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                        [FR Doc. 2016–02417 Filed 2–8–16; 8:45 am]            Jeffrey Buss, EPA Region IX, (415) 947–
                                                Jared Blumenfeld,
                                                                                                        BILLING CODE 6560–50–P                                4152, buss.jeffrey@epa.gov.
                                                Regional Administrator, Region IX.
                                                  Part 52, chapter I, title 40 of the Code                                                                    SUPPLEMENTARY INFORMATION:
                                                of Federal Regulations is amended as                    ENVIRONMENTAL PROTECTION                              Throughout this document, ‘‘we,’’ ‘‘us’’
                                                follows:                                                AGENCY                                                and ‘‘our’’ refer to the EPA.
                                                PART 52—APPROVAL AND                                    40 CFR Part 52                                        Table of Contents
                                                PROMULGATION OF                                         [EPA–R09–OAR–2014–0715; FRL–9941–16–                  I. Proposed Action
                                                IMPLEMENTATION PLANS                                    Region 9]                                             II. Public Comments and EPA Responses
                                                                                                                                                              III. EPA Action
                                                ■ 1. The authority citation for part 52                 Approval and Promulgation of                          IV. Incorporation by Reference
                                                continues to read as follows:                           Implementation Plans; California; San                 V. Statutory and Executive Order Reviews
                                                    Authority: 42 U.S.C. 7401 et seq.                   Joaquin Valley Unified Air Pollution
                                                                                                                                                              I. Proposed Action
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                                                                                                        Control District; Employer Based Trip
                                                Subpart F—California                                    Reduction Programs                                      On August 24, 2015 at 80 FR 51153,
                                                ■ 2. Section 52.220 is amended by                       AGENCY: Environmental Protection                      the EPA proposed to approve the
                                                adding paragraphs (c)(51)(xiii)(E), (F),                Agency (EPA).                                         following rule into the California SIP.




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                                                6762              Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations

                                                                                                                  TABLE 1—SUBMITTED RULE
                                                  Local agency           Rule No.                                                   Rule title                                                 Adopted            Submitted

                                                SJVUAPCD .......           9410           Employer Based Trip Reduction ..................................................................     12/17/09           05/17/10



                                                  We proposed to approve this rule                       accordance with requirements of 1 CFR                               • is not subject to requirements of
                                                because we determined that it complied                   51.5, the EPA is finalizing the                                  Section 12(d) of the National
                                                with the relevant Clean Air Act (‘‘CAA’’                 incorporation by reference of the                                Technology Transfer and Advancement
                                                or ‘‘Act’’) requirements. Our proposed                   SJVUAPCD rule described in the                                   Act of 1995 (15 U.S.C. 272 note) because
                                                action contains more information on the                  amendments to 40 CFR part 52 set forth                           application of those requirements would
                                                rule and our evaluation.                                 below. The EPA had made, and will                                be inconsistent with the Clean Air Act;
                                                II. Public Comments and EPA                              continue to make, these documents                                and
                                                Responses                                                available electronically through                                    • does not provide EPA with the
                                                                                                         www.regulations.gov and in hard copy                             discretionary authority to address, as
                                                   The EPA’s proposed action provided                    at the appropriate EPA office (see the                           appropriate, disproportionate human
                                                a 30-day public comment period. During                   ADDRESSES section of this preamble for                           health or environmental effects, using
                                                this period, which ended on September                    more information).                                               practicable and legally permissible
                                                23, 2015, we received one comment                                                                                         methods, under Executive Order 12898
                                                from a member of the public. We are                      V. Statutory and Executive Order
                                                                                                                                                                          (59 FR 7629, February 16, 1994).
                                                summarizing that comment and                             Reviews
                                                                                                                                                                             In addition, the SIP is not approved
                                                providing our response below.                               Under the Clean Air Act, the                                  to apply on any Indian reservation land
                                                   Comment: The commenter supports                       Administrator is required to approve a                           or in any other area where EPA or an
                                                the rule and the District’s goal of                      SIP submission that complies with the                            Indian tribe has demonstrated that a
                                                encouraging transportation alternatives                  provisions of the Act and applicable                             tribe has jurisdiction. In those areas of
                                                to driving to work alone. But the                        Federal regulations. 42 U.S.C. 7410(k);                          Indian country, the proposed rule does
                                                commenter states that, although the                      40 CFR 52.02(a). Thus, in reviewing SIP                          not have tribal implications and will not
                                                supporting documents provide                             submissions, EPA’s role is to approve                            impose substantial direct costs on tribal
                                                satisfactory information about how                       state choices, provided that they meet                           governments or preempt tribal law as
                                                commuter programs can reduce air                         the criteria of the Clean Air Act.                               specified by Executive Order 13175 (65
                                                pollution, ‘‘when reviewing the                          Accordingly, this action merely                                  FR 67249, November 9, 2000).
                                                available information in the docket                      proposes to approve state law as
                                                folder, [the commenter] noticed a lack of                meeting Federal requirements and does                            List of Subjects in 40 CFR Part 52
                                                solutions to the problem of this                         not impose additional requirements                                 Environmental protection, Air
                                                particular facet of pollution in the                     beyond those imposed by state law. For                           pollution control, Carbon monoxide,
                                                primary document.’’ The commenter                        that reason, this proposed action:                               Incorporation by reference,
                                                asks whether this means that ‘‘solutions                    • Is not a significant regulatory action                      Intergovernmental relations, Oxides of
                                                have yet to be identified or fully                       subject to review by the Office of                               nitrogen, Ozone, Reporting and
                                                planned.’’                                               Management and Budget under                                      recordkeeping requirements, Volatile
                                                   Response: Section 5 of Rule 9410                      Executive Orders 12866 (58 FR 51735,                             organic compounds.
                                                suggests trip reduction strategies that                  October 4, 1993) and 13563 (76 FR 3821,
                                                covered employers may choose to                                                                                             Dated: December 11, 2015.
                                                                                                         January 21, 2011);                                               Jared Blumenfeld,
                                                implement, including transit programs                       • does not impose an information
                                                and ride-sharing opportunities, among                                                                                     Regional Administrator, Region IX.
                                                                                                         collection burden under the provisions
                                                others. Employers must identify which                    of the Paperwork Reduction Act (44                                 Part 52, Chapter I, title 40 of the Code
                                                of these specific trip reduction strategies              U.S.C. 3501 et seq.);                                            of Federal Regulations is amended as
                                                they will adopt, and report the results
                                                                                                            • is certified as not having a                                follows:
                                                of their efforts annually to the
                                                                                                         significant economic impact on a
                                                SJVUAPCD. In today’s action, EPA is                                                                                       PART 52—APPROVAL AND
                                                                                                         substantial number of small entities
                                                not approving specific trip reduction                                                                                     PROMULGATION OF
                                                                                                         under the Regulatory Flexibility Act (5
                                                plans for individual employers, but is                                                                                    IMPLEMENTATION PLANS
                                                                                                         U.S.C. 601 et seq.);
                                                approving the general requirements in
                                                                                                            • does not contain any unfunded                               ■ 1. The authority citation for part 52
                                                Rule 9410 that direct employers to
                                                                                                         mandate or significantly or uniquely                             continues to read as follows:
                                                develop trip reduction plans.
                                                                                                         affect small governments, as described
                                                III. EPA Action                                          in the Unfunded Mandates Reform Act                                  Authority: 42 U.S.C. 7401 et seq.

                                                   No comments were submitted that                       of 1995 (Pub. L. 104–4);
                                                                                                                                                                          Subpart F—California
                                                change our assessment of the rule as                        • does not have Federalism
                                                described in our proposed action.                        implications as specified in Executive                           ■ 2. Section 52.220 is amended by
                                                Therefore, as authorized in section                      Order 13132 (64 FR 43255, August 10,                             adding paragraph (c)(379)(i)(C)(7) to
                                                110(k)(3) of the Act, the EPA is fully                   1999);                                                           read as follows:
mstockstill on DSK4VPTVN1PROD with RULES




                                                approving this rule into the California                     • is not an economically significant
                                                                                                         regulatory action based on health or                             § 52.220      Identification of plan.
                                                SIP.
                                                                                                         safety risks subject to Executive Order                          *       *     *       *      *
                                                IV. Incorporation by Reference                           13045 (62 FR 19885, April 23, 1997);                                 (c) * * *
                                                  In this rule, the EPA is finalizing                       • is not a significant regulatory action                          (379) * * *
                                                regulatory text that includes                            subject to Executive Order 13211 (66 FR                              (i) * * *
                                                incorporation by reference. In                           28355, May 22, 2001);                                                (C) * * *


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                                                                  Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations                                                                6763

                                                  (7) Rule 9410, ‘‘Employer Based Trip                    DATES:  This rule is effective on April 11,                          FURTHER INFORMATION CONTACT   section.
                                                Reduction,’’ adopted on December 17,                      2016 without further notice, unless the                              For the full EPA public comment policy,
                                                2009.                                                     EPA receives adverse comments by                                     information about CBI or multimedia
                                                *     *    *     *    *                                   March 10, 2016. If we receive such                                   submissions, and general guidance on
                                                [FR Doc. 2016–02411 Filed 2–8–16; 8:45 am]                comments, we will publish a timely                                   making effective comments, please visit
                                                BILLING CODE 6560–50–P                                    withdrawal in the Federal Register to                                http://www2.epa.gov/dockets/
                                                                                                          notify the public that this direct final                             commenting-epa-dockets.
                                                                                                          rule will not take effect.                                           FOR FURTHER INFORMATION CONTACT:
                                                ENVIRONMENTAL PROTECTION                                  ADDRESSES: Submit your comments,                                     Kevin Gong, EPA Region IX, (415) 972
                                                AGENCY                                                    identified by Docket ID No. EPA–R09–                                 3073, Gong.Kevin@epa.gov.
                                                                                                          OAR–2015–0756 at http://
                                                40 CFR Part 52                                            www.regulations.gov, or via email to                                 SUPPLEMENTARY INFORMATION:
                                                                                                          Steckel.Andrew@epa.gov. For comments                                 Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                [EPA–R09–OAR–2015–0756; FRL–9941–11–                      submitted at Regulations.gov, follow the                             and ‘‘our’’ refer to the EPA.
                                                Region 9]                                                 online instructions for submitting                                   Table of Contents
                                                Approval of California Air Plan                           comments. Once submitted, comments
                                                                                                          cannot be edited or removed from                                     I. The State’s Submittal
                                                Revisions, Yolo-Solano Air Quality                                                                                                A. What rules did the State submit?
                                                Management District                                       Regulations.gov. For either manner of
                                                                                                                                                                                  B. Are there other versions of these rules?
                                                                                                          submission, the EPA may publish any                                     C. What is the purpose of the rule
                                                AGENCY: Environmental Protection                          comment received to its public docket.                                     revisions?
                                                Agency (EPA).                                             Do not submit electronically any                                     II. The EPA’s Evaluation and Action
                                                ACTION: Direct final rule.                                information you consider to be                                          A. How is the EPA evaluating the rules?
                                                                                                          Confidential Business Information (CBI)                                 B. Do the rules meet the evaluation
                                                SUMMARY:   The Environmental Protection                   or other information whose disclosure is                                   criteria?
                                                Agency (EPA) is taking direct final                       restricted by statute. Multimedia                                       C. EPA Recommendations to Further
                                                action to approve revisions to the Yolo-                  submissions (audio, video, etc.) must be                                   Improve the Rules
                                                Solano Air Quality Management District                    accompanied by a written comment.                                       D. Public Comment and Final Action
                                                                                                                                                                               III. Incorporation by Reference
                                                (YSAQMD) portion of the California                        The written comment is considered the                                IV. Statutory and Executive Order Reviews
                                                State Implementation Plan (SIP). These                    official comment and should include
                                                revisions concern emissions of volatile                   discussion of all points you wish to                                 I. The State’s Submittal
                                                organic compounds (VOCs) and oxides                       make. The EPA will generally not                                     A. What rules did the State submit?
                                                of nitrogen (NOX) from gasoline                           consider comments or comment
                                                dispensing facilities and stationary gas                  contents located outside of the primary                                Table 1 lists the rules addressed by
                                                turbines. We are approving local rules                    submission (i.e. on the web, cloud, or                               this action with the dates that they were
                                                that regulate these emission sources                      other file sharing system). For                                      adopted by the local air agency and
                                                under the Clean Air Act (CAA or the                       additional submission methods, please                                submitted by the California Air
                                                Act).                                                     contact the person identified in the FOR                             Resources Board (CARB).

                                                                                                                   TABLE 1—SUBMITTED RULES
                                                  Local agency           Rule No.                                                     Rule title                                                   Revised        Submitted

                                                YSAQMD ...........                2.22    Gasoline Dispensing Facilities .....................................................................       01/14/14         06/26/15
                                                YSAQMD ...........                2.34    Stationary Gas Turbines ..............................................................................     11/12/14         06/26/15



                                                  On August 13, 2015, the EPA                             2.22 exempt certain categories of                                      The EPA’s technical support
                                                determined that the submittal for                         facilities that have other vapor recovery                            documents (TSDs) have more
                                                YSAQMD Rules 2.22 and 2.34 met the                        control measures in place, require                                   information about these rules.
                                                completeness criteria in 40 CFR part 51,                  aboveground storage tanks to install                                 II. The EPA’s Evaluation and Action
                                                appendix V, which must be met before                      additional approved vapor recovery
                                                formal EPA review.                                        systems, require Phase II enhanced                                   A. How is the EPA evaluating the rules?
                                                B. Are there other versions of these                      vapor recovery systems at all dispensing                               SIP rules must be enforceable (see
                                                rules?                                                    facilities, and require operators to                                 CAA section 110(a)(2)), must not
                                                                                                          conduct appropriate inspection and                                   interfere with applicable requirements
                                                  We approved an earlier version of                       maintenance procedures.
                                                Rule 2.22 into the SIP on January 23,                                                                                          concerning attainment and reasonable
                                                2003 (68 FR 3190), and an earlier                           NOX helps produce ground-level                                     further progress or other CAA
                                                version of Rule 2.34 into the SIP on                      ozone, smog and PM, which harm                                       requirements (see CAA section 110(l)),
                                                September 3, 1998 (63 FR 46892).                          human health and the environment.                                    and must not modify certain SIP control
                                                                                                          Section 110(a) of the CAA requires                                   requirements in nonattainment areas
                                                C. What is the purpose of the rule                        States to submit regulations that control                            without ensuring equivalent or greater
mstockstill on DSK4VPTVN1PROD with RULES




                                                revisions?                                                NOX emissions. The revisions to Rule                                 emissions reductions (see CAA section
                                                  VOCs help produce ground-level                          2.34 define new operation requirements                               193).
                                                ozone, smog and PM, which harm                            during start-up and shut-down of units                                 Generally, SIP rules must require
                                                human health and the environment.                         and during short-term exceedances                                    Reasonably Available Control
                                                Section 110(a) of the CAA requires                        under specific circumstances, and                                    Technology (RACT) for each category of
                                                States to submit regulations that control                 require facilities to install continuous                             sources covered by a Control
                                                VOC emissions. The revisions to Rule                      emissions monitoring systems.                                        Techniques Guidelines (CTG) document


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Document Created: 2018-02-02 14:30:35
Document Modified: 2018-02-02 14:30:35
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
ActionFinal rule.
DatesThis rule will be effective on March 10, 2016.
ContactJeffrey Buss, EPA Region IX, (415) 947-4152, [email protected]
FR Citation81 FR 6761 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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