[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7345-7347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02612]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0731; FRL 9921-37-Region 9]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and San Joaquin Valley Unified
Air Pollution Control District
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Placer County Air Pollution
Control District (PCAPCD) and the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from gasoline transfer into stationary storage
containers, delivery vessels and bulk plants, and gasoline transfer
into vehicle fuel tanks. 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 13, 2015 without further notice,
unless EPA receives adverse comments by March 12, 2015. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA R09-OAR-
2014-0731, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: James Shears, EPA Region IX, (213)
244-1810, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
[[Page 7346]]
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD............................. 213 Gasoline Transfer into 2/21/13 2/10/14
Stationary Source
Containers.
PCAPCD............................. 214 Transfer of Gasoline into 2/21/13 2/10/14
Vehicle Fuel Tanks.
SJVAPCD............................ 4621 Gasoline Transfer into 12/19/13 5/13/14
Stationary Storage
Containers, Deliver
Vessels, and Bulk Plants.
SJVAPCD............................ 4622 Gasoline Transfer into 12/19/13 5/13/14
Motor Vehicle Fuel Tanks.
----------------------------------------------------------------------------------------------------------------
On May 5, 2014, EPA determined that the submittal for PCAPCD, Rules
213 and 214, met the completeness criteria in 40 CFR part 51 Appendix
V, which must be met before formal EPA review.
On July 18, 2014, EPA determined that the submittal for SJVUAPCD,
Rules 4621 and 4622, 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 earlier versions of PCAPCD Rules 213 and 214 into the
SIP on April 30, 1997 (62 FR 23365). We approved earlier versions of
SJVUAPCD Rules 4621 and 4622 into the SIP on October 30, 2009 (74 FR
56120).
C. What is the purpose of the submitted rule revisions?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. PCAPCD Rule 213
primarily specifies CARB's certification and test procedures to limit
VOC emissions when transferring gasoline into aboveground storage
containers. PCAPCD Rule 214 primarily specifies CARB's certification
and test procedures to limit VOC emissions when transferring gasoline
into vehicle fuel tanks. To limit VOC emissions, SJVUAPCD Rule 4621
primarily specifies CARB's certification and test procedures, as well
as other vapor recovery controls, to (1) apply to respective bulk
plants that transfer aviation gasoline and non-aviation gasoline and,
(2) apply to any delivery vessel into which gasoline vapors have been
transferred. To limit VOC emissions, SJVUAPCD Rule 4622 primarily
specifies CARB Executive Order requirements for liquid condensate traps
and ISD systems for gasoline transfer into motor vehicle fuel tanks.
EPA's technical support documents (TSDs) for PCAPCD and SJVUAPCD have
more information about these various rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
40 CFR part 81 describes PCAPCD as regulating a non-attainment area
classified as severe for the 8-hour ozone NAAQS. SJVUAPCD regulates a
non-attainment area classified as extreme for the 8-hour ozone NAAQS.
SIP rules must be enforceable (see 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 non-
attainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently 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); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations'', EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies'', EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Design Criteria for Stage I Vapor Control Systems Gasoline
Service Stations'', EPA-450/R-75-02, November 1975.
5. ``CARB Vapor Recovery Certification Procedure'', CP-201, amended
February 9, 2005.
6. ``Technical Guidance--Stage II Vapor Recovery Systems for Control
of Vehicle Refueling Emissions at Gasoline Dispensing Facilities'',
EPA 450/3-91-022.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The
respective TSDs have more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
Our TSDs for PCAPCD Rules 213 and 214 describe additional revisions
that we recommend for the next time PCAPCD modifies the rules. We have
no recommendations for SJVUAPCD Rules 4621 and 4622 at this time.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by March 12, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on April 13, 2015. Such direct final action will
incorporate these rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the
[[Page 7347]]
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 13, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 12, 2014.
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 paragraphs (c)(441)(i)(D) and
(c)(442)(i)(D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(441) * * *
(i) * * *
(D) San Joaquin Valley Air Pollution Control District.
(1) Rule 4621, ``Gasoline Transfer into Stationary Storage
Containers, Delivery Vessels, and Bulk Plants,'' amended on December
19, 2013.
(2) Rule 4622, ``Gasoline Transfer into Motor Vehicle Fuel Tanks,''
amended on December 19, 2013.
(442) * * *
(i) * * *
(D) Placer County Air Pollution Control District.
(1) Rule 213, ``Gasoline Transfer into Stationary Storage
Containers,'' amended on February 21, 2013.
(2) Rule 214, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
amended on February 21, 2013.
* * * * *
[FR Doc. 2015-02612 Filed 2-9-15; 8:45 am]
BILLING CODE 6560-50-P