[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]


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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.

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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: <a href="/cdn-cgi/l/email-protection#f28186979199979edc939c96809785b2978293dc959d84"><span class="__cf_email__" data-cfemail="05767160666e60692b646b61776072456075642b626a73">[email protected]</span></a>.
    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, <a href="/cdn-cgi/l/email-protection#f4879c91958687da9e95999187b4918495da939b82"><span class="__cf_email__" data-cfemail="f88b909d998a8bd69299959d8bb89d8899d69f978e">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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