81_FR_6789 81 FR 6763 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

81 FR 6763 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range6763-6765
FR Document2016-02421

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) and oxides of nitrogen (NO<INF>X</INF>) from gasoline dispensing facilities and stationary gas turbines. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Rules and Regulations]
[Pages 6763-6765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0756; FRL-9941-11-Region 9]


Approval of California Air Plan Revisions, Yolo-Solano Air 
Quality Management 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 Yolo-Solano Air Quality 
Management District (YSAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern emissions of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX) from gasoline dispensing facilities and stationary gas 
turbines. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on April 11, 2016 without further notice, 
unless the EPA receives adverse comments by March 10, 2016. 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 your comments, identified by Docket ID No. EPA-R09-
OAR-2015-0756 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972 
3073, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the 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 rule revisions?
II. The EPA's Evaluation and Action
    A. How is the 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 addressed by this action with the dates 
that they were adopted by the local air agency and submitted by the 
California Air 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 determined that the submittal for 
YSAQMD Rules 2.22 and 2.34 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 Rule 2.22 into the SIP on January 
23, 2003 (68 FR 3190), and an earlier version of Rule 2.34 into the SIP 
on September 3, 1998 (63 FR 46892).

C. What is the purpose of the rule revisions?

    VOCs help produce ground-level ozone, smog and PM, which harm human 
health and the environment. Section 110(a) of the CAA requires States 
to submit regulations that control VOC emissions. The revisions to Rule 
2.22 exempt certain categories of facilities that have other vapor 
recovery control measures in place, require aboveground storage tanks 
to install additional approved vapor recovery systems, require Phase II 
enhanced vapor recovery systems at all dispensing facilities, and 
require operators to conduct appropriate inspection and maintenance 
procedures.
    NOX helps produce ground-level ozone, smog and PM, which 
harm human health and the environment. Section 110(a) of the CAA 
requires States to submit regulations that control NOX 
emissions. The revisions to Rule 2.34 define new operation requirements 
during start-up and shut-down of units and during short-term 
exceedances under specific circumstances, and require facilities to 
install continuous emissions monitoring systems.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each category of sources covered by a Control 
Techniques Guidelines (CTG) document

[[Page 6764]]

as well as each major source of VOCs and NOX in ozone 
nonattainment areas classified as moderate or above (see CAA sections 
182(b)(2)). YSAQMD regulates an ozone nonattainment area classified as 
Severe for the 2008 8-hour National Ambient Air Quality Standard (40 
CFR 81.305). Therefore, Rules 2.22 and 2.34 must implement RACT.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

    1. ``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 and 57 FR 18070, April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule'' (``the NOX 
Supplement,'' 57 FR 55620, November 25, 1992).
    5. ``Design Criteria for Stage 1 Vapor Control Systems,'' (EPA-
450/R-75-102).
    6. ``Technical Guidance--Stage II Vapor Recovery Systems for 
Control of Refueling Emissions at Gasoline Dispensing Facilities,'' 
(EPA-450/3-91-022).
    7. ``Restatement to Update of EPA's SSM Policy Applicable to 
SIPs,'' (80 FR 33839, June 12, 2015).
    8. ``Alternative Control Techniques Document--NOX 
Emissions from Stationary Gas Turbines,'' (EPA-453/R-93-007).

B. Do the rules meet the evaluation criteria?

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

C. EPA Recommendations to Further Improve the Rule(s)

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules but are not currently 
the basis for rule disapproval.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, the 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 March 10, 2016, 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 April 11, 2016. This will incorporate these 
rules into the federally enforceable SIP. These rules will supersede 
the existing SIP-approved rules.
    Please note that if the 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, the EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. 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 
YSAQMD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has 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, the 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 the 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 the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The 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).

[[Page 6765]]

    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 April 11, 2016. 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 action published in the Proposed 
Rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that the 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: December 24, 2015.
Alexis Strauss,
Acting 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 paragraphs (c)(199)(i)(E)(3), 
(c)(303)(i)(B)(3), and (c)(463)(i)(B)(2) and (3) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (E) * * *
    (3) Previously approved on September 3, 1998, in paragraph 
(c)(199)(i)(E)(1) of this section and now deleted with replacement in 
paragraph (c)(463)(i)(B)(3) of this section, Rule 2.34, ``Stationary 
Gas Turbines,'' adopted on July 13, 1994.
* * * * *
    (303) * * *
    (i) * * *
    (B) * * *
    (3) Previously approved on January 23, 2003, in paragraph 
(c)(303)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(463)(i)(B)(2) of this section, Rule 2.22, ``Gasoline 
Dispensing Facilities,'' revised on June 12, 2002.
* * * * *
    (463) * * *
    (i) * * *
    (B) * * *
    (2) Rule 2.22, ``Gasoline Dispensing Facilities,'' revised on 
January 14, 2015.
    (3) Rule 2.34, ``Stationary Gas Turbines,'' revised on November 12, 
2014.
* * * * *
[FR Doc. 2016-02421 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                                                                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


                                           VerDate Sep<11>2014   16:23 Feb 08, 2016   Jkt 238001   PO 00000      Frm 00019      Fmt 4700     Sfmt 4700     E:\FR\FM\09FER1.SGM           09FER1


                                                6764              Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations

                                                as well as each major source of VOCs                    the Proposed Rules section of this                    of the Paperwork Reduction Act (44
                                                and NOX in ozone nonattainment areas                    Federal Register, we are simultaneously               U.S.C. 3501 et seq.);
                                                classified as moderate or above (see                    proposing approval of the same                           • is certified as not having a
                                                CAA sections 182(b)(2)). YSAQMD                         submitted rules. If we receive adverse                significant economic impact on a
                                                regulates an ozone nonattainment area                   comments by March 10, 2016, we will                   substantial number of small entities
                                                classified as Severe for the 2008 8-hour                publish a timely withdrawal in the                    under the Regulatory Flexibility Act (5
                                                National Ambient Air Quality Standard                   Federal Register to notify the public                 U.S.C. 601 et seq.);
                                                (40 CFR 81.305). Therefore, Rules 2.22                  that the direct final approval will not                  • does not contain any unfunded
                                                and 2.34 must implement RACT.                           take effect and we will address the                   mandate or significantly or uniquely
                                                  Guidance and policy documents that                    comments in a subsequent final action                 affect small governments, as described
                                                we use to evaluate enforceability,                      based on the proposal. If we do not                   in the Unfunded Mandates Reform Act
                                                revision/relaxation and rule stringency                 receive timely adverse comments, the                  of 1995 (Pub. L. 104–4);
                                                requirements for the applicable criteria                direct final approval will be effective                  • does not have Federalism
                                                pollutants include the following:                       without further notice on April 11,                   implications as specified in Executive
                                                                                                        2016. This will incorporate these rules               Order 13132 (64 FR 43255, August 10,
                                                   1. ‘‘State Implementation Plans; General
                                                                                                        into the federally enforceable SIP. These             1999);
                                                Preamble for the Implementation of Title I of
                                                                                                        rules will supersede the existing SIP-                   • is not an economically significant
                                                the Clean Air Act Amendments of 1990,’’ (57
                                                FR 13498, April 16, 1992 and 57 FR 18070,               approved rules.                                       regulatory action based on health or
                                                April 28, 1992).                                          Please note that if the EPA receives                safety risks subject to Executive Order
                                                   2. ‘‘Issues Relating to VOC Regulation               adverse comment on an amendment,                      13045 (62 FR 19885, April 23, 1997);
                                                Cutpoints, Deficiencies, and Deviations’’               paragraph, or section of this rule and if                • is not a significant regulatory action
                                                (‘‘the Bluebook,’’ U.S. EPA, May 25, 1988;              that provision may be severed from the                subject to Executive Order 13211 (66 FR
                                                revised January 11, 1990).                              remainder of the rule, the EPA may                    28355, May 22, 2001);
                                                   3. ‘‘Guidance Document for Correcting
                                                                                                        adopt as final those provisions of the                   • is not subject to requirements of
                                                Common VOC & Other Rule Deficiencies’’                                                                        Section 12(d) of the National
                                                (‘‘the Little Bluebook’’, EPA Region 9, August          rule that are not the subject of an
                                                                                                        adverse comment.                                      Technology Transfer and Advancement
                                                21, 2001).                                                                                                    Act of 1995 (15 U.S.C. 272 note) because
                                                   4. ‘‘State Implementation Plans; Nitrogen            III. Incorporation by Reference
                                                Oxides Supplement to the General Preamble;
                                                                                                                                                              application of those requirements would
                                                Clean Air Act Amendments of 1990                           In this rule, the EPA is finalizing                be inconsistent with the Clean Air Act;
                                                Implementation of Title I; Proposed Rule’’              regulatory text that includes                         and
                                                (‘‘the NOX Supplement,’’ 57 FR 55620,                   incorporation by reference. In                           • does not provide the EPA with the
                                                November 25, 1992).                                     accordance with requirements of 1 CFR                 discretionary authority to address, as
                                                   5. ‘‘Design Criteria for Stage 1 Vapor               51.5, the EPA is finalizing the                       appropriate, disproportionate human
                                                Control Systems,’’ (EPA–450/R–75–102).                  incorporation by reference of the                     health or environmental effects, using
                                                   6. ‘‘Technical Guidance—Stage II Vapor                                                                     practicable and legally permissible
                                                                                                        YSAQMD rules described in the
                                                Recovery Systems for Control of Refueling                                                                     methods, under Executive Order 12898
                                                Emissions at Gasoline Dispensing Facilities,’’          amendments to 40 CFR part 52 set forth
                                                                                                        below. The EPA has made, and will                     (59 FR 7629, February 16, 1994).
                                                (EPA–450/3–91–022).
                                                                                                        continue to make, these documents                        In addition, the SIP is not approved
                                                   7. ‘‘Restatement to Update of EPA’s SSM
                                                Policy Applicable to SIPs,’’ (80 FR 33839,              available electronically through                      to apply on any Indian reservation land
                                                June 12, 2015).                                         www.regulations.gov and in hard copy                  or in any other area where the EPA or
                                                   8. ‘‘Alternative Control Techniques                  at the appropriate EPA office (see the                an Indian tribe has demonstrated that a
                                                Document—NOX Emissions from Stationary                  ADDRESSES section of this preamble for                tribe has jurisdiction. In those areas of
                                                Gas Turbines,’’ (EPA–453/R–93–007).                     more information).                                    Indian country, the rule does not have
                                                                                                                                                              tribal implications and will not impose
                                                B. Do the rules meet the evaluation                     IV. Statutory and Executive Order                     substantial direct costs on tribal
                                                criteria?                                               Reviews                                               governments or preempt tribal law as
                                                  We believe these rules are consistent                   Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                                with the relevant policy and guidance                   Administrator is required to approve a                FR 67249, November 9, 2000).
                                                regarding enforceability, RACT,                         SIP submission that complies with the                    The Congressional Review Act, 5
                                                Reasonably Available Control Measures,                  provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
                                                and SIP relaxations. The TSDs have                      federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
                                                more information on our evaluation.                     40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                                                                                        submissions, the EPA’s role is to                     that before a rule may take effect, the
                                                C. EPA Recommendations to Further                       approve state choices, provided that                  agency promulgating the rule must
                                                Improve the Rule(s)                                     they meet the criteria of the Clean Air               submit a rule report, which includes a
                                                  The TSDs describe additional rule                     Act. Accordingly, this action merely                  copy of the rule, to each House of the
                                                revisions that we recommend for the                     approves state law as meeting Federal                 Congress and to the Comptroller General
                                                next time the local agency modifies the                 requirements and does not impose                      of the United States. The EPA will
                                                rules but are not currently the basis for               additional requirements beyond those                  submit a report containing this action
                                                rule disapproval.                                       imposed by state law. For that reason,                and other required information to the
                                                                                                        this action:                                          U.S. Senate, the U.S. House of
                                                D. Public Comment and Final Action                        • Is not a significant regulatory action            Representatives, and the Comptroller
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                                                  As authorized in section 110(k)(3) of                 subject to review by the Office of                    General of the United States prior to
                                                the Act, the EPA is fully approving the                 Management and Budget under                           publication of the rule in the Federal
                                                submitted rules because we believe they                 Executive Orders 12866 (58 FR 51735,                  Register. A major rule cannot take effect
                                                fulfill all relevant requirements. We do                October 4, 1993) and 13563 (76 FR 3821,               until 60 days after it is published in the
                                                not think anyone will object to this                    January 21, 2011);                                    Federal Register. This action is not a
                                                approval, so we are finalizing it without                 • does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                proposing it in advance. However, in                    collection burden under the provisions                804(2).


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                                                                  Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Rules and Regulations                                          6765

                                                   Under section 307(b)(1) of the Clean                 2.34, ‘‘Stationary Gas Turbines,’’                    we will publish a timely withdrawal in
                                                Air Act, petitions for judicial review of               adopted on July 13, 1994.                             the Federal Register informing the
                                                this action must be filed in the United                 *      *     *     *     *                            public that the rule will not take effect.
                                                States Court of Appeals for the                            (303) * * *                                        ADDRESSES: Submit your comments,
                                                appropriate circuit by April 11, 2016.                     (i) * * *                                          identified by Docket ID No. EPA–HQ–
                                                Filing a petition for reconsideration by                   (B) * * *                                          OAR–2015–0309, at http://
                                                the Administrator of this final rule does                  (3) Previously approved on January                 www.regulations.gov. Follow the online
                                                not affect the finality of this action for              23, 2003, in paragraph (c)(303)(i)(B)(1)              instructions for submitting comments.
                                                the purposes of judicial review nor does                of this section and now deleted with                  Once submitted, comments cannot be
                                                it extend the time within which a                       replacement in paragraph                              edited or removed from Regulations.gov.
                                                petition for judicial review may be filed,              (c)(463)(i)(B)(2) of this section, Rule               EPA may publish any comment received
                                                and shall not postpone the effectiveness                2.22, ‘‘Gasoline Dispensing Facilities,’’             to its public docket. Do not submit
                                                of such rule or action. Parties with                    revised on June 12, 2002.                             electronically any information you
                                                objections to this direct final rule are                *      *     *     *     *                            consider to be Confidential Business
                                                encouraged to file a comment in                            (463) * * *                                        Information (CBI) or other information
                                                response to the parallel notice of                         (i) * * *                                          whose disclosure is restricted by statute.
                                                proposed rulemaking for this action                        (B) * * *                                          Multimedia submissions (audio, video,
                                                published in the Proposed Rules section                    (2) Rule 2.22, ‘‘Gasoline Dispensing               etc.) must be accompanied by a written
                                                of this Federal Register, rather than file              Facilities,’’ revised on January 14, 2015.            comment. The written comment is
                                                an immediate petition for judicial                         (3) Rule 2.34, ‘‘Stationary Gas                    considered the official comment and
                                                review of this direct final rule, so that               Turbines,’’ revised on November 12,                   should include discussion of all points
                                                the EPA can withdraw this direct final                  2014.                                                 you wish to make. EPA will generally
                                                rule and address the comment in the                     *      *     *     *     *                            not consider comments or comment
                                                proposed rulemaking. This action may                    [FR Doc. 2016–02421 Filed 2–8–16; 8:45 am]            contents located outside of the primary
                                                not be challenged later in proceedings to               BILLING CODE 6560–50–P
                                                                                                                                                              submission (i.e., on the web, cloud, or
                                                enforce its requirements (see section                                                                         other file sharing system). For
                                                307(b)(2)).                                                                                                   additional submission methods, the full
                                                                                                        ENVIRONMENTAL PROTECTION                              EPA public comment policy,
                                                List of Subjects in 40 CFR Part 52                                                                            information about CBI or multimedia
                                                                                                        AGENCY
                                                  Environmental protection, Air                                                                               submissions, and general guidance on
                                                pollution control, Carbon monoxide,                     40 CFR Part 82                                        making effective comments, please visit
                                                Incorporation by reference,                                                                                   http://www2.epa.gov/dockets/
                                                Intergovernmental relations, Nitrogen                   [EPA–HQ–OAR–2015–0309; FRL–9941–82–
                                                                                                                                                              commenting-epa-dockets.
                                                                                                        OAR]
                                                dioxide, Ozone, Reporting and                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                recordkeeping requirements, Volatile                    RIN 2060–AS68                                         Jeremy Arling by regular mail: U.S.
                                                organic compounds.                                                                                            Environmental Protection Agency,
                                                                                                        Protection of Stratospheric Ozone:                    Stratospheric Protection Division
                                                  Dated: December 24, 2015.
                                                                                                        Revisions To Reporting and                            (6205T), 1200 Pennsylvania Avenue
                                                Alexis Strauss,                                         Recordkeeping for Imports and
                                                Acting Regional Administrator, Region IX.                                                                     NW., Washington, DC, 20460; by
                                                                                                        Exports                                               telephone: (202) 343–9055; or by email:
                                                  Part 52, chapter I, title 40 of the Code                                                                    arling.jeremy@epa.gov. You may also
                                                of Federal Regulations is amended as                    AGENCY: Environmental Protection
                                                                                                        Agency (EPA).                                         visit the EPA’s Ozone Protection Web
                                                follows:                                                                                                      site at www.epa.gov/ozone/
                                                                                                        ACTION: Direct final rule.
                                                                                                                                                              strathome.html for further information
                                                PART 52—APPROVAL AND
                                                                                                        SUMMARY:   EPA is taking direct final                 about EPA’s Stratospheric Ozone
                                                PROMULGATION OF
                                                                                                        action on minor conforming edits to the               Protection regulations, the science of
                                                IMPLEMENTATION PLANS
                                                                                                        stratospheric protection regulations to               ozone layer depletion, and other related
                                                ■ 1. The authority citation for part 52                 implement the International Trade Data                topics.
                                                continues to read as follows:                           System. This system allows businesses                 SUPPLEMENTARY INFORMATION:
                                                    Authority: 42 U.S.C. 7401 et seq.                   to transmit the transactional data                    I. General Information
                                                                                                        required by multiple Federal agencies
                                                Subpart F—California                                    for the import and export of cargo                    A. Why is EPA using a direct final rule?
                                                                                                        through a single ‘‘window.’’ As                          EPA is publishing this rule without a
                                                ■ 2. Section 52.220 is amended by                       businesses currently must submit trade                prior proposed rule because we view
                                                adding paragraphs (c)(199)(i)(E)(3),                    data to multiple agencies, in multiple                this as a noncontroversial action and
                                                (c)(303)(i)(B)(3), and (c)(463)(i)(B)(2) and            ways, and often on paper, the transition              anticipate no adverse comment. This
                                                (3) to read as follows:                                 to electronic filing is expected to save              rule is intended to make minor changes
                                                § 52.220    Identification of plan.                     businesses time and money.                            like the removal of references to U.S.
                                                                                                        Specifically, this rule removes the                   Customs forms that will no longer be
                                                *      *     *     *     *                              requirement that the petition for used
                                                   (c) * * *                                                                                                  available when the electronic
                                                   (199) * * *                                          ozone-depleting substances accompany                  International Trade Data System is
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                                                   (i) * * *                                            the shipment through U.S. Customs and                 implemented. However, in the
                                                   (E) * * *                                            removes references to Customs forms                   ‘‘Proposed Rules’’ section of today’s
                                                   (3) Previously approved on September                 that are obsolete under the new system.               Federal Register, we are publishing a
                                                3, 1998, in paragraph (c)(199)(i)(E)(1) of              DATES: This rule is effective on May 9,               separate document that will serve as the
                                                this section and now deleted with                       2016 without further notice, unless EPA               proposed rule to make these edits if
                                                replacement in paragraph                                receives adverse comment by March 10,                 adverse comments are received on this
                                                (c)(463)(i)(B)(3) of this section, Rule                 2016. If EPA receives adverse comment,                direct final rule. We will not institute a


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Document Created: 2018-02-02 14:30:02
Document Modified: 2018-02-02 14:30:02
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.
DatesThis rule is effective on April 11, 2016 without further notice, unless the EPA receives adverse comments by March 10, 2016. 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.
ContactKevin Gong, EPA Region IX, (415) 972 3073, [email protected]
FR Citation81 FR 6763 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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