Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7345 

EPA-APPROVED NEW MEXICO REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective 

date 

EPA Approval date Comments 

20.2.99.101 ....................... Applicability ................................................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.102 ....................... Consultation ................................................................ 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.103 ....................... Agency Roles in Consultation .................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.104 ....................... Agency Responsibilities in Consultation .................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.105 ....................... General Consultation Procedures .............................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.106 ....................... Consultation Procedures for Specific Major Activities 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.107 ....................... Consultation Procedures for Specific Routine Activities.7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.108 ....................... Notification Procedures for Routine Activities ............ 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.109 ....................... Conflict Resolution and Appeals to the Governor ...... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.110 ....................... Public Consultation Procedures ................................. 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.111 ....................... Enforceability of Design Concept and Scope and 

Project-Level Mitigation and Control Measures.

7/11/2014 2/10/15 [Insert Federal 

Register Citation].

20.2.99.112 ....................... Savings Provision ....................................................... 7/11/2014 2/10/15 [Insert Federal 

Register Citation].

* * * * * 

[FR Doc. 2015–02585 Filed 2–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

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: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

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, shears.james@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 


rljohnson on DSK3VPTVN1PROD with RULES
7346 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

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 Stationary Source Containers ........... 2/21/13 2/10/14 

PCAPCD ................................. 214 Transfer of Gasoline into Vehicle Fuel Tanks ....................... 2/21/13 2/10/14 

SJVAPCD ............................... 4621 Gasoline Transfer into Stationary Storage Containers, Deliver Vessels, and Bulk Plants.12/19/13 5/13/14 

SJVAPCD ............................... 4622 Gasoline Transfer into Motor Vehicle Fuel Tanks ................. 12/19/13 5/13/14 

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 nonattainment 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 


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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(441)(i)(D) and 

(c)(442)(i)(D) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R10–OAR–2014–0808; FRL 9922–81– 

Region 10] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Washington; Redesignation to 

Attainment for the Tacoma-Pierce 

County Nonattainment Area and 

Approval of Associated Maintenance 

Plan for the 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is redesignating to 

attainment the entire Tacoma-Pierce 

County nonattainment area (hereafter 

‘‘the Tacoma area’’ or ‘‘the area’’) for the 

2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 


rljohnson on DSK3VPTVN1PROD with RULES