Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57725 

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[FR Doc. 2015–23176 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0369; FRL–9933–22– 

Region 9] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

Unified Air Pollution Control District, 

Ventura County Air Pollution Control 

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 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) and the 

Ventura County Air Pollution Control 

District (VCAPCD) portions of the 

California State Implementation Plan 

(SIP). Under authority of the Clean Air 

Act (CAA or the Act), we are approving 

local rules that address volatile organic 

compound (VOC) emissions from the 

transfer of gasoline into vehicle fuel 

tanks, and from the transfer or 

dispensing of liquefied petroleum gas 

(LPG). 

DATES: These rules are effective on 

November 24, 2015 without further 

notice, unless EPA receives adverse 

comments by October 26, 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–2015–0369, 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. 

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. 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? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

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. 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 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 # Rule title Adopted/ 

revised Submitted 

MBUAPCD .............................. 1002 Transfer of Gaslone into Vehicle Fuel Tanks ......................... 12/17/14 04/07/15

VCAPCD ................................. 74.33 Liquefied Petroleum Gas Transfer or Dispensing .................. 01/13/15 04/07/15 

On April 30, 2015, EPA determined 

that the submittals for MBUAPCD Rule 

1002 and VCAPCD Rule 74.33 each 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 

MBUAPCD Rule 1002 into the SIP on 

January 2, 2008 (73 FR 48). There is no 

previous version of VCAPCD Rule 74.33 

in the SIP. 

C. What is the purpose of the submitted 

rules? 

Section 110(a) of the CAA requires 

States to submit regulations that control 

VOCs, oxides of nitrogen, particulate 

matter, and other air pollutants which 

harm human health and the 

environment. VOC rules were 

developed as part of the local agencies’ 

programs to control these pollutants. 

MBUAPCD Rule 1002 is designed to 

limit emissions of VOCs from the 

transfer of gasoline into vehicle fuel 

tanks. In order to simplify the source 

testing section of the SIP-approved rule, 

the Stage II vapor recovery compliance 

test procedures are removed from the 

rule language, and instead the rule 

requires owners and operators of 

gasoline dispensing facilities to adhere 

to the applicable California Air 

Resources Board (CARB) Executive 

Order for gasoline testing procedures. 

The corresponding testing cycles are 

included in the gasoline facility permits. 

VCAPCD Rule 74.33 is designed to limit 

fugitive VOC emissions from the 

transfer or dispensing of LPG. It 

describes related equipment and 

operation requirements, leak detection 

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57726 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 

and repair program requirements, and 

recordkeeping and reporting 

requirements. EPA’s technical support 

documents (TSDs) have more 

information about the MBUAPCD and 

VCAPCD rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

These rules must be enforceable (see 

section 110(a) of the Act) and must not 

relax existing requirements (see sections 

110(l) and 193). EPA policy that we use 

to evaluate enforceability requirements 

consistently includes the Bluebook 

(‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988), the 

Little Bluebook (‘‘Guidance Document 

for Correcting Common VOC & Other 

Rule Deficiencies,’’ EPA Region 9, 

August 21, 2001), and ‘‘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). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

Our TSD for MBUAPCD describes 

additional rule revisions that we 

recommend for the next time the local 

agency modifies the rule. We have no 

recommendations for VCAPCD Rule 

74.33 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 October 26, 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 November 24, 

2015. This 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 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Incorporation by Reference 

In these rules, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR part 51.5, the EPA is finalizing the 

incorporation by reference of the 

MBUAPCD and VCAPCD rules 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA 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, 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 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 rules are 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 rules do 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. 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 November 24, 

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 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57727 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 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)(461) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(461) New and amended regulations 

were submitted on April 7, 2015 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 1002, ‘‘Transfer of Gasoline 

into Vehicle Fuel Tanks,’’ revised on 

December 17, 2014. 

(B) Ventura County Air Pollution 

Control District. 

(1) Rule 74.33, ‘‘Liquefied Petroleum 

Gas Transfer or Dispensing,’’ adopted on 

January 13, 2015. 

* * * * * 

[FR Doc. 2015–24106 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0133; FRL–9934–72– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; Combs 

Oil Company Variance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the State Implementation Plan (SIP) 

submitted by the State of Florida 

through the Department of 

Environmental Protection (DEP) on July 

31, 2009. The revision grants a variance 

to the Combs Oil Company, located in 

Naples, Florida. This source specific 

revision relieves the Combs Oil 

Company of the requirement to comply 

with the Florida rule governing 

installation and operation of vapor 

collection and control systems on 

loading racks at bulk gasoline plants. 

EPA is approving Florida’s July 31, 

2009, source specific SIP revision. 

DATES: This rule will be effective 

October 26, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0133. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Florida Rule 62–296.418 requires 

bulk gasoline plants which began 

operation on or after August 1, 2007, to 

install and operate vapor collection and 

control systems on their loading racks. 

The rule became effective on May 9, 

2007, and was submitted to EPA as a 

proposed SIP revision on May 31, 2007. 

EPA approved the SIP revision on June 

1, 2009 (74 FR 26103). 

On May 30, 2007, Combs Oil 

Company submitted a petition for 

variance from the requirements of Rule 

62–296.418(2)(b)2, Florida 

Administrative Code (F.A.C.), for its 

new bulk gasoline plant. The company 

operates an existing bulk gasoline plant 

in Naples, Florida. The new plant 

would replace the existing plant and be 

constructed at a different site in the 

area. 

Under Section 120.542 of the Florida 

Statutes, the DEP may grant a variance 

when the person subject to a rule 

demonstrates that the purpose of the 

underlying statute will be or has been 

achieved by other means, or when 

application of a rule would create a 

substantial hardship or violate 

principles of fairness. The DEP 

determined that Combs Oil Company 

had demonstrated that principles of 

fairness would be violated because the 

facility would have begun operations 

prior to August 1, 2007, but for delays 

in building and relocating to the new 

facility related to hurricanes, which 

were beyond the control of the 

company. Therefore, the DEP issued an 

Order Granting Variance to Combs Oil 

Company on August 20, 2008, relieving 

the company from the requirements of 

Rule 62–296.418(2)(b)2., F.A.C., for its 

proposed new facility. 

In a notice of proposed rulemaking 

(NPR) published on July 20, 2015, EPA 

proposed to approve Florida’s July 31, 

2009, SIP revision granting a variance to 

the Combs Oil Company, located in 

Naples, Florida. See 80 FR 42763. The 

details of Florida’s submittal and the 

rationale for EPA’s actions are explained 

in the NPR. Comments on the proposed 

rulemaking were due on or before 

August 19, 2015. No adverse comments 

were received. 

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