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

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 SIPapproved 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). 

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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 

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 

■ 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)(199)(i)(E)(3), 

(c)(303)(i)(B)(3), and (c)(463)(i)(B)(2) and 

(3) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2015–0309; FRL–9941–82– 

OAR] 

RIN 2060–AS68 

Protection of Stratospheric Ozone: 

Revisions To Reporting and 

Recordkeeping for Imports and 

Exports 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on minor conforming edits to the 

stratospheric protection regulations to 

implement the International Trade Data 

System. This system allows businesses 

to transmit the transactional data 

required by multiple Federal agencies 

for the import and export of cargo 

through a single ‘‘window.’’ As 

businesses currently must submit trade 

data to multiple agencies, in multiple 

ways, and often on paper, the transition 

to electronic filing is expected to save 

businesses time and money. 

Specifically, this rule removes the 

requirement that the petition for used 

ozone-depleting substances accompany 

the shipment through U.S. Customs and 

removes references to Customs forms 

that are obsolete under the new system. 

DATES: This rule is effective on May 9, 

2016 without further notice, unless EPA 

receives adverse comment by March 10, 

2016. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0309, at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC, 20460; by 

telephone: (202) 343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/ 

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. This 

rule is intended to make minor changes 

like the removal of references to U.S. 

Customs forms that will no longer be 

available when the electronic 

International Trade Data System is 

implemented. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to make these edits if 

adverse comments are received on this 

direct final rule. We will not institute a 

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