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

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 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: December 3, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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)(51)(xiii)(E), (F), 

and (G), (c)(187)(i)(E), (c)(254)(i)(C)(6) 

and (7), and (c)(361)(i)(A)(4) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(51) * * * 

(xiii) * * * 

(E) Previously approved on May 18, 

1981 in paragraph (c)(51)(xiii)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(187)(i)(E)(1) of this section, Rule 206. 

(F) Previously approved on May 18, 

1981 in paragraph (c)(51)(xiii)(A) of this 

section and now deleted with 

replacement in paragraph (c)(254)(i)(C) 

of this section, Rules 203 and 204. 

(G) Previously approved on May 18, 

1981 in paragraph (c)(51)(xiii)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(361)(i)(A)(4) of this section, Rule 

201. 

* * * * * 

(187) * * * 

(i) * * * 

(E) Santa Barbara County Air 

Pollution Control District. 

(1) Rule 206, ‘‘Conditional Approval 

of Authority to Construct or Permit to 

Operate,’’ Revised October 15, 1991. 

* * * * * 

(254) * * * 

(i) * * * 

(C) * * * 

(6) Rule 203, ‘‘Transfer,’’ revised April 

17, 1997. 

(7) Rule 204, ‘‘Applications,’’ revised 

April 17, 1997. 

* * * * * 

(361) * * * 

(i) * * * 

(A) * * * 

(4) Rule 201, ‘‘Permits Required,’’ 

revised June 19, 2008. 

* * * * * 

[FR Doc. 2016–02417 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0715; FRL–9941–16– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; California; San 

Joaquin Valley Unified Air Pollution 

Control District; Employer Based Trip 

Reduction Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a regulation 

submitted for incorporation into the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD or District) 

portion of the California State 

Implementation Plan (SIP). The 

regulation, Rule 9410 (Employer Based 

Trip Reduction), establishes 

requirements for employers in the San 

Joaquin Valley to implement programs 

encouraging employees to use 

ridesharing and alternative 

transportation methods to reduce air 

pollution. The effect of this action is to 

make the requirements of Rule 9410 

federally enforceable as part of the 

California SIP. 

DATES: This rule will be effective on 

March 10, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2014– 

0715 for this action. Generally, 

documents in the docket for this action 

are available electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 24, 2015 at 80 FR 51153, 

the EPA proposed to approve the 

following rule into the California SIP. 

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

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

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

We proposed to approve this rule 

because we determined that it complied 

with the relevant Clean Air Act (‘‘CAA’’ 

or ‘‘Act’’) requirements. Our proposed 

action contains more information on the 

rule and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, which ended on September 

23, 2015, we received one comment 

from a member of the public. We are 

summarizing that comment and 

providing our response below. 

Comment: The commenter supports 

the rule and the District’s goal of 

encouraging transportation alternatives 

to driving to work alone. But the 

commenter states that, although the 

supporting documents provide 

satisfactory information about how 

commuter programs can reduce air 

pollution, ‘‘when reviewing the 

available information in the docket 

folder, [the commenter] noticed a lack of 

solutions to the problem of this 

particular facet of pollution in the 

primary document.’’ The commenter 

asks whether this means that ‘‘solutions 

have yet to be identified or fully 

planned.’’ 

Response: Section 5 of Rule 9410 

suggests trip reduction strategies that 

covered employers may choose to 

implement, including transit programs 

and ride-sharing opportunities, among 

others. Employers must identify which 

of these specific trip reduction strategies 

they will adopt, and report the results 

of their efforts annually to the 

SJVUAPCD. In today’s action, EPA is 

not approving specific trip reduction 

plans for individual employers, but is 

approving the general requirements in 

Rule 9410 that direct employers to 

develop trip reduction plans. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

SJVUAPCD rule described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA had made, and will 

continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 11, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 paragraph (c)(379)(i)(C)(7) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(379) * * * 

(i) * * * 

(C) * * * 

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

(7) Rule 9410, ‘‘Employer Based Trip 

Reduction,’’ adopted on December 17, 

2009. 

* * * * * 

[FR Doc. 2016–02411 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 YoloSolano 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 

Steckel.Andrew@epa.gov. 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, Gong.Kevin@epa.gov. 

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 

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