Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65655 

PART 1—RULES OF PRACTICE IN 

PATENT CASES 

■ 1. The authority citation for 37 CFR 

part 1 continues to read as follows: 

Authority: 35 U.S.C. 2(b)(2). 

■ 2. Section 1.14 is amended by revising 

paragraph (h) to read as follows: 

§ 1.14 Patent applications preserved in 

confidence. 

* * * * * 

(h) Access by a Foreign Intellectual 

Property Office. (1) Access to an 

application-as-filed may be provided to 

any foreign intellectual property office 

participating with the Office in a 

bilateral or multilateral priority 

document exchange agreement 

(participating foreign intellectual 

property office), if the application 

contains written authority granting such 

access. Written authority provided 

under this paragraph (h)(1) will be 

treated as authorizing the Office to 

provide the following to all 

participating foreign intellectual 

property offices in accordance with 

their respective agreements with the 

Office: 

(i) A copy of the application-as-filed 

and its related bibliographic data; 

(ii) A copy of the application-as-filed 

of any application the filing date of 

which is claimed by the application in 

which written authority under this 

paragraph (h)(1) is filed and its related 

bibliographic data; and 

(iii) The date of filing of the written 

authorization under this paragraph 

(h)(1). 

(2) Access to the file contents of an 

application may be provided to a foreign 

intellectual property office that has 

imposed a requirement for information 

on a counterpart application filed with 

the foreign intellectual property office 

where the foreign intellectual property 

office is a party to a bilateral or 

multilateral agreement with the Office 

to provide the required information 

from the application filed with the 

Office and the application contains 

written authority granting such access. 

Written authority provided under this 

paragraph (h)(2) will be treated as 

authorizing the Office to provide the 

following to all foreign intellectual 

property offices in accordance with 

their respective agreements with the 

Office: 

(i) Bibliographic data related to the 

application; and 

(ii) Any content of the application file 

necessary to satisfy the foreign 

intellectual property office requirement 

for information imposed on the 

counterpart application as indicated in 

the respective agreement. 

(3) Written authority provided under 

paragraphs (h)(1) and (h)(2) of this 

section must include the title of the 

invention (§ 1.72(a)), comply with the 

requirements of paragraph (c) of this 

section, and be submitted on an 

application data sheet (§ 1.76) or on a 

separate document (§ 1.4(c)). The 

written authority provided under these 

paragraphs should be submitted before 

filing any subsequent foreign 

application in which priority is claimed 

to the application. 

* * * * * 

■ 3. Section 1.19 is amended by revising 

paragraph (b)(1)(iv) to read as follows: 

§ 1.19 Document supply fees. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) If provided to a foreign 

intellectual property office pursuant to 

a bilateral or multilateral agreement (see 

§ 1.14(h)): $0.00. 

* * * * * 

Dated: October 21, 2015. 

Michelle K. Lee, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2015–27335 Filed 10–26–15; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0799; FRL–9936–03– 

Region 10] 

Air Plan Approval; OR; Portland, 

Medford, Salem; Clackamas, 

Multnomah, Washington Counties; 

Gasoline Dispensing Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve three state 

implementation plan (SIP) revisions 

submitted by the State of Oregon 

Department of Environmental Quality 

(Oregon or ODEQ) and a specific portion 

of a fourth SIP submittal identified in a 

supplementary letter. These SIP 

submittals primarily include rule 

amendments related to control measures 

for volatile organic compounds from 

gasoline dispensing facilities in the 

Portland-Vancouver, Medford-Ashland, 

and Salem-Keizer Area Transportation 

Study air quality management areas, as 

well as all of Clackamas, Multnomah, 

and Washington counties. The EPA 

received the SIP submittals from the 

ODEQ on February 5, 2009, November 

1, 2010, May 25, 2011, and April 20, 

2015, and the supplementary letter on 

September 18, 2015. The EPA is 

approving the SIP submittals because 

they are consistent with the 

requirements of the Clean Air Act (Act 

or CAA). 

DATES: This rule is effective on 

December 28, 2015, without further 

notice, unless the EPA receives adverse 

comment by November 27, 2015. If the 

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–R10– 

OAR–2011–0799, by any of the 

following methods: 

• Federal eRulemaking Portal http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: vaupel.claudia@epa.gov. 

• Mail: Claudia Vergnani Vaupel, 

EPA Region 10, Office of Air, Waste and 

Toxics, AWT–150, 1200 Sixth Avenue, 

Suite 900, Seattle WA, 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle WA, 98101. Attention: Claudia 

Vergnani Vaupel, Office of Air, Waste 

and Toxics, AWT–150. Such deliveries 

are only accepted during normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2011– 

0799. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 


tkelley on DSK3SPTVN1PROD with RULES
65656 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 

an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI 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. 

Publicly available docket materials are 

available at http://www.regulations.gov 

or at EPA Region 10, Office of Air, 

Waste, and Toxics, AWT–150, 1200 

Sixth Avenue, Seattle, Washington 

98101. The EPA requests that 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: 

Claudia Vergnani Vaupel at (206) 553– 

6121, vaupel.claudia@epa.gov, or the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

I. Introduction 

Section 110 of the CAA requires states 

to develop and submit to the EPA SIPs 

to ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). Each federally-approved SIP 

protects air quality primarily by 

addressing air pollution at its point of 

origin through air pollution regulations 

and control strategies. The EPAapproved SIP provisions and control 

strategies are federally enforceable. 

States revise the SIP as needed and 

submit revisions to the EPA for review 

and approval. 

II. Background 

This action primarily addresses 

Oregon’s SIP submittals dated February 

5, 2009, November 1, 2010, and May 25, 

2011. These submittals include 

amendments to rules that control 

volatile organic compound (VOC) 

emissions from gasoline dispensing 

facilities in the Air Quality Management 

Areas (AQMAs) of Portland-Vancouver 

(which includes portions of Clackamas, 

Multnomah, and Washington counties), 

Medford-Ashland, and Salem-Keizer 

Area Transportation Study (SKATS), as 

well as all of Clackamas, Multnomah, 

and Washington counties. The VOC 

rules were previously approved into the 

Oregon SIP to address Reasonably 

Available Control Technology (RACT) 

requirements for ozone nonattainment 

areas. (See for example 45 FR 42265, 

June 24, 1980). The VOC RACT rules 

support continued attainment and 

maintenance of the ozone NAAQS. They 

address emissions during the delivery of 

gasoline from gasoline cargo tank trucks 

to gasoline dispensing facility storage 

tanks as well as the emissions during 

the refueling of individual vehicles at 

gasoline dispensing facilities. During 

delivery, the emission controls generally 

include submerged fill pipes and stage 

I vapor balance systems. Stage I vapor 

balance systems capture vapors and 

return them to the gasoline cargo tank 

truck to keep the vapors from being 

emitted to the air. During the refueling 

of individual vehicles, special fuel 

dispensing nozzles at the pump (known 

as ‘‘stage II’’) capture vapors and direct 

them into the gasoline dispensing 

facility storage tanks. 

In general, the February 5, 2009 

submittal amended the VOC rules to 

consolidate them with Oregon’s then 

newly adopted rules that implemented 

the Federal National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for gasoline dispensing 

facilities, (40 CFR part 63, subpart 

CCCCCC) (gasoline dispensing facility 

NESHAP). The effect of Oregon’s rule 

amendments was to incorporate the 

substantive stage I VOC RACT rule 

requirements for gasoline dispensing 

facilities in Oregon Administrative 

Rules (OAR) 340 division 232 

‘‘Emission Standards for VOC Point 

Sources’’ and division 242 ‘‘Rules 

Applicable to the Portland Area’’ into 

division 244 ‘‘Oregon Federal 

Hazardous Air Pollutant Program,’’ and 

to incorporate the permitting 

requirements for these facilities into 

division 216 ‘‘Air Contaminant 

Discharge Permits.’’ The November 1, 

2010 and May 25, 2011 submittals made 

additional amendments to the rules for 

gasoline dispensing facilities. These 

three submittals also include minor 

amendments to other rules in divisions 

200 ‘‘State of Oregon Clean Air Act 

Implementation Plan,’’ 209 ‘‘Public 

Notice Categories and Timing,’’ and 210 

‘‘Registration in General’’. 

The April 20, 2015 submittal consists 

of comprehensive revisions to the 

ODEQ’s air permitting and other air 

rules, including revisions to the rules 

for gasoline dispensing facilities in 

divisions 242 and 244. In a September 

18, 2015 supplementary letter, the 

ODEQ requested that the EPA approve 

specific division 242 and 244 rules to 

ensure the most current version of the 

division 242 and 244 rules for gasoline 

dispensing facilities be approved into 

the SIP. Therefore, in this action, we are 

reviewing and acting only on the 

division 242 and 244 rule amendments 

in the April 20, 2015 submittal that 

were identified in the supplementary 

letter. We are not reviewing or acting on 

any other portion of the April 20, 2015 

submittal at this time, but will address 

the remainder of that submittal in a 

future action. In addition, the ODEQ 

requested that the EPA approve the 

identified division 244 rules for gasoline 

dispensing facilities that replaced OAR 

340–232–0070 and OAR 340–242–0520 

in the February 5, 2009 submittal only 

to the extent they apply to sources in 

the Portland-Vancouver, MedfordAshland, and SKATS AQMAs, as well 

as all of Clackamas, Multnomah, and 

Washington counties. 

III. The EPA’s Evaluation 

In the February 5, 2009 submittal, the 

ODEQ repealed the SIP-approved rule 

OAR 340–232–0070 that applied to 

gasoline dispensing facilities in the 

Portland-Vancouver, Medford-Ashland, 

and SKATS AQMAs. The ODEQ also 

removed references to stage I vapor 

balance systems from the SIP-approved 

rules OAR 340–242–0500 and –0520, 

which applied to gasoline dispensing 

facilities in Clackamas, Multnomah and 

Washington counties, but retained the 

stage II vapor collection system 

requirements in those rules. The stage I 

vapor balance requirements contained 

in OAR 340–232–0070, OAR 340–242– 

0500 and OAR 340–242–0520 were 

added to sections of new rules in 

division 244 (–0030, –0234, –0238, 

–0240, –0242, and –0244) and to 

amended sections of existing rules in 

division 216 (–0020, including tables 1 

and 2, –0040, and –0060). The ODEQ 

made further amendments to the rules 

for gasoline dispensing facilities in the 

subsequent submittals, as explained in 

section II. 

In addition to the VOC RACT gasoline 

dispensing facility rule amendments, 

the SIP submittals also include 

amendments to the following rules: 

OAR 340–200–0040, 340–209–0030, 

340–210–0100, 340–210–0110, 340– 

210–0120, 340–216–0062, and 340–244– 

0020. A summary discussion of the rule 

amendments is provided below. A table 

that identifies which new rules address 


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Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65657 

1The ODEQ has excluded from its submittal the 

following provisions in the emissions standards for 

gasoline dispensing facilities in division 244 that do 

not correspond to current SIP requirements for 

gasoline dispensing facilities or to provisions in the 

gasoline dispensing facility NESHAP: OAR 340– 

244–0238(1)(a) and (2)(c), 340–244–0240(1)(b) and 

(c), and 340–244–0242 (4)(c) and (d). The ODEQ has 

also requested that the EPA approve the definitions 

in OAR 340–244–0030 only to the extent needed to 

implement the requirements for gasoline dispensing 

facilities in the division 244 requirements approved 

into the SIP. 

2 In the amended rules, stage I and stage II permits 

are required for gasoline dispensing facilities with 

a monthly throughput of 10,000 gallons of gasoline 

or more. We consider this requirement to be 

essentially equivalent to the SIP-approved rule, 

which (a) required vapor balance systems (stage I) 

and permits for gasoline dispensing facilities with 

greater than 1,500 gallon capacity as explained in 

our May 10, 2000 action (65 FR 29956), and (b) 

required stage II systems and permits for gasoline 

dispensing facilities (subject to those requirements 

in OAR 340–242–0520) with an annual throughput 

exceeding 600,000 gallons. 

the SIP-approved gasoline dispensing 

facility provisions is included in the 

docket for this action. 

A. Emission Control Requirements 

As in the SIP-approved rules, the 

amended rules in OAR 340 divisions 

244 and 216 continue to apply to the 

delivery of gasoline to a gasoline 

dispensing facility storage tank, require 

submerged filling and have specific 

piping requirements. The amended 

rules exempt all gasoline storage tanks 

with a capacity of less than 250 gallons 

from the submerged fill requirements. 

For tanks installed on or before October 

14, 1999, this is more stringent than the 

SIP-approved rules which exempted 

tanks with a capacity of 1,500 gallons or 

less. However, the SIP-approved rules 

required submerged fill for all tanks 

installed after October 14, 1999. Thus, 

for those tanks with a capacity less than 

250 gallons, the amended rules are less 

stringent. The ODEQ provided 

emissions estimates for these small 

tanks exempt from the submerged fill 

requirements under the amended rules 

and explained that, in general, such 

sources use the gasoline for their own 

equipment (e.g., golf courses to fuel golf 

carts or a facility that has a gasoline 

powered forklift) rather than for resale, 

and that not many tanks are under this 

size threshold. The ODEQ estimates 

increases in VOC emissions in the 

AQMAs from this minor exemption to 

be 55 pounds, or 0.027 tons, per year. 

The vapor balance system 

requirements in the amended rules are 

similar to the SIP-approved rules, 

including requirements that equipment 

be vapor tight, maintained in good 

working order, and properly connected. 

Both the amended and the SIP-approved 

rules exempt tanks with floating roofs 

from the vapor balance system 

requirements. Similar to the SIPapproved rule, the amended rules 

require that vapor balance systems meet 

certain specifications and demonstrate 

compliance. The amended rules cite 

more recently adopted test methods for 

compliance than the SIP-approved test 

methods. In addition, the new rules 

require a compliance demonstration 

every three years after the initial 

compliance demonstration for gasoline 

dispensing facilities with a monthly 

throughput of 100,000 gallons of 

gasoline or more. This is more stringent 

than the SIP-approved rule. In the 

Portland-Vancouver, Medford-Ashland, 

and SKATS AQMAs, the amended rules 

continue to exempt gasoline storage 

tanks that have a capacity of 1,500 

gallons or less from the vapor balance 

system requirements. However, in 

Clackamas, Multnomah, and 

Washington counties, the requirements 

for vapor balance systems are slightly 

amended. In these counties, the SIPapproved rules required a vapor balance 

system for all tanks if the gasoline 

dispensing facility had an annual 

throughput of 120,000 gallons of 

gasoline or more regardless of the 

storage capacity of the tank. The 

amended rules exempt gasoline storage 

tanks that have a capacity less than 250 

gallons from the vapor balance system 

requirements. The EPA does not 

consider this to be a relaxation of the 

SIP-approved rules because gasoline 

dispensing facilities that have an annual 

throughput of 120,000 gallons of 

gasoline or more would be expected to 

have storage tanks that are larger than 

250 gallons. 

The amended rules do not specify that 

training and written instructions be 

provided to the operators of gasoline 

dispensing facilities and gasoline 

transport vehicles as in the SIPapproved rules. The management 

practices for gasoline dispensing 

facilities and cargo tanks included in 

OAR 340–244–0242 tables 2 and 3 

provide a similar level of assurance, 

however, that equipment is operated 

properly. In addition, the new rules for 

gasoline dispensing facilities in division 

244 also include other requirements that 

are not currently in the SIP but are 

based on the requirements of the 

gasoline dispensing facility NESHAP. 

These include a specific timeframe for 

demonstrating initial compliance with 

the vapor balance system, 

demonstrating monthly throughput, 

general duties to minimize emissions, 

notifications, recordkeeping, and 

reporting. These requirements are 

consistent with the gasoline dispensing 

facility NESHAP and will either reduce 

VOC emissions or enhance the 

enforceability of VOC SIP requirements 

for gasoline dispensing facilities. Thus, 

while a few aspects of the amended 

requirements for gasoline dispensing 

facilities are less stringent than in the 

existing SIP, given the overall 

strengthening of the requirements for 

gasoline dispensing facilities in the 

identified areas under the amended 

rules, the EPA finds that the revisions 

to the requirements for gasoline 

dispensing facilities in the PortlandVancouver, Medford-Ashland, and 

SKATS AQMAs and in Clackamas, 

Multnomah, and Washington counties 

will not interfere with any applicable 

requirement concerning attainment or 

maintenance of the NAAQS or any other 

applicable CAA requirements. The EPA 

is therefore approving these 

requirements for the PortlandVancouver, Medford-Ashland, and 

SKATS AQMAs as well as all of 

Clackamas, Multnomah, and 

Washington counties.1

B. Permitting Rules 

The General Air Contaminant 

Discharge Permits (ACDPs) rules in the 

amended OAR division 216 have 

replaced the vapor balance system (stage 

I) and stage II vapor collection permit 

requirements in the SIP-approved rules. 

The EPA has approved the submitted 

amendments to division 216 (See 76 FR 

80747, December 27, 2011). Like the 

SIP-approved rules, the amended rules 

include equivalent 2 permitting 

requirements, permitting fees, and a 10 

year limit on the permit. Other 

administrative requirements, however, 

such as the requirement to notify the 

ODEQ of a change of ownership, the 

date for submitting renewal 

applications, and the requirement to 

keep a copy of the permit on site at the 

facility, are included in the SIPapproved rule, but are not included in 

the ODEQ’s amended permit provisions 

for gasoline dispensing facilities. The 

EPA notes that the ODEQ includes these 

types of provisions in its general permit 

for gasoline dispensing facilities. Given 

the administrative nature of such 

requirements, the EPA concludes that 

the revisions to the permitting 

requirements for gasoline dispensing 

facilities will not interfere with any 

applicable requirement concerning 

attainment or maintenance of the 

NAAQS or any other applicable CAA 

requirements. 

C. Rule Amendments that the EPA is 

Not Approving 

The February 5, 2009, November 1, 

2010, and May 25, 2011 submittals also 

include amendments to other rules that 


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65658 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 

3By its terms, division 242 applies only in 

Clackamas, Multnomah, and Washington Counties. 

4As discussed above, the ODEQ has requested 

that the EPA approve the definitions in OAR 340– 

244–0030 only to the extent needed to implement 

the requirements for gasoline dispensing facilities 

in division 244 that are approved into the SIP. 

5As discussed above, the ODEQ has excluded 

OAR 240–244–0238(1)(a) and (2)(c) from its 

submittal. 

6As discussed above, the ODEQ has excluded 

OAR 340–244–0240(1)(b) and (c) from its submittal. 

7As discussed above, the ODEQ has excluded 

OAR 340–244–0242(4)(c) and (d) from its submittal. 

we are not approving in this action. The 

division 210 ‘‘Registration in General’’ 

rules have been superseded by a more 

recent submittal and have been 

approved by the EPA (See 78 FR 37124, 

June 20, 2013). The April 20, 2015 

submittal superseded OAR 340–209– 

0030 and OAR 340–216–0062, and we 

will address them in a future action. We 

are also not approving OAR 340–244– 

0020, which was included in the 

February 5, 2009 submittal, because this 

rule addresses the authority of Lane 

Regional Air Protection Agency 

(LRAPA) to implement requirements 

within its jurisdiction, and LRAPA does 

not have jurisdiction in the geographic 

areas covered by this SIP approval. 

Finally, OAR 340–200–0040 describes 

the State’s procedures for adopting its 

SIP and references all of the state air 

regulations that have been adopted by 

the ODEQ for approval into the SIP (as 

a matter of state law), whether or not 

they have yet been submitted to or 

approved by the EPA. The EPA is not 

approving the revisions to this provision 

in these SIP submittals because the 

federally-approved SIP consists only of 

regulations and other requirements that 

have been submitted by the ODEQ and 

approved by the EPA. 

IV. Final Action 

The EPA is taking the following 

action on the amendments to OAR 

Chapter 340 that were included in the 

February 5, 2009, November 1, 2010, 

and May 25, 2011 submittals and the 

division 242 and 244 rules in the April 

20, 2015 submittal that were identified 

by the ODEQ for our review in the 

September 18, 2015 supplementary 

letter. We are acting on the most recent 

version of the rules in the submittal 

identified in parentheses below. Further 

action on the earlier adopted versions of 

these rules included in the submittals is 

not required because they are no longer 

in effect and have been superseded by 

the most recent submittal. 

We are approving the following rule 

amendments: OAR 340–232–0070 

(repeal) (February 5, 2009 submittal); 

OAR 340–242–0500, –0510, –0520 

(April 20, 2015 submittal as identified 

in the September 18, 2015 

supplementary letter); 3 OAR 340–244– 

0030,4 –0232, –0234, –0236, –0238 

(except (1)(a) and (2)(c)),5 –0239, –0240, 

–0242 (including tables 2 and 3), –0244 

(except (1)(b) and (c)),6 –0246, –0248 

(except (4)(c) and (d)),7 –0250 (April 20, 

2015 submittal as identified in the 

September 18, 2015 supplementary 

letter); and OAR 340–244–0252 

(February 5, 2009 submittal). At the 

ODEQ’s request, the EPA is approving 

the identified requirements in division 

244 only for sources in the PortlandVancouver, Medford-Ashland, and 

SKATS AQMAs as well as all of 

Clackamas, Multnomah, and 

Washington counties. The EPA notes 

that, although Oregon’s rules for 

gasoline dispensing facilities also 

regulate emissions of hazardous air 

pollutants, the EPA is approving these 

provisions for the purpose of regulating 

VOC emissions from these facilities. The 

EPA’s authority to approve SIPs extends 

to provisions related to attainment and 

maintenance of the NAAQS and 

carrying out other specific requirements 

of section 110 of the CAA. 

As discussed above, we are not 

approving OAR 340–200–0040 (May 25, 

2011); OAR 340–209–0030, OAR 340– 

210–0100, –0110, –0120, and OAR 340– 

216–0062, –0064 (November 1, 2010 

submittal); OAR 340–216–0020, –0060 

(May 25, 2011); or OAR 340–244–0020 

(February 5, 2009 submittal). 

V. Incorporation by Reference 

In this rule, the EPA is approving 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is incorporating by 

reference the Oregon regulations (OAR 

Chapter 340) described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 

this action does not involve technical 

standard; 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). 

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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65659 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 28, 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 

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, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 25, 2015. 

Michelle Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons stated in the 

preamble, 40 CFR part 52 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 MM—Oregon 

■ 2. In § 52.1970, paragraph (c), Table 

2—EPA Approved Oregon 

Administrative Rules (OAR), is 

amended by: 

■ a. Removing the entry 232–0070; 

■ b. Revising entries 242–0500; 242– 

0510; 242–0520; 

■ c. Adding a header titled ‘‘Division 

244—Oregon Federal Hazardous Air 

Pollutant Program’’ after the entry for 

‘‘242–0790’’, and adding entries 244– 

0030, 244–0232, 244–0234, 244–0236, 

244–0238, 244–0239, 244–0240, 244– 

0242, 244–0244, 244–0246, 244–0248, 

244–0250, and 244–0252 in numerical 

order and 

■ d. Adding footnotes 1 and 2, at the 

end of the table. 

The revisions and additions read as 

follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 

State citation Title/subject State effective 

date EPA approval date Explanations 

Chapter 340—Department of Environmental Quality 

*******

Division 242—Rules Applicable to the Portland Area 

*******

Gasoline Vapors from Gasoline Transfer and Dispensing Operations 

242–0500 .......... Purpose and Applicability ............. 4/16/2015 10/27/2015 [Insert Federal Register citation].

242–0510 .......... Definitions ..................................... 4/16/2015 10/27/2015 [Insert Federal Register citation].

242–0520 .......... General Provisions ........................ 4/16/2015 10/27/2015 [Insert Federal Register citation].

* * * * * * * 

Division 244—Oregon Federal Hazardous Air Pollutant Program 1 2

General Provisions for Stationary Sources 

244–0030 .......... Definitions ..................................... 4/16/2015 10/27/2015 [Insert Federal Register citation].Only to the extent needed to implement the requirements for 

gasoline dispensing facilities in 

division 244 that are approved 

into the SIP. 

Emission Standards for Gasoline Dispensing Facilities 

244–0232 .......... Purpose ......................................... 4/16/2015 10/27/2015 [Insert Federal Register citation].


tkelley on DSK3SPTVN1PROD with RULES
65660 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR)—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

244–0234 .......... Affected Sources ........................... 4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0236 .......... Affected Equipment or Processes 4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0238 .......... Compliance Dates ......................... 4/16/2015 10/27/2015 [Insert Federal Register citation].Except (1)(a) and (2)(c). 

Emission Limitations and Management Practices 

244–0239 .......... General Duties to Minimize Emissions.4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0240 .......... Work Practice and Submerged Fill 

Requirements.

4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0242 .......... Vapor Balance Requirements ....... 4/16/2015 10/27/2015 [Insert Federal Register citation].Including tables 2 and 3. 

Testing and Monitoring Requirements 

244–0244 .......... Testing and Monitoring Requirements.4/16/2015 10/27/2015 [Insert Federal Register citation].Except (1)(b) and (c). 

Notifications, Records, and Reports 

244–0246 .......... Notifications ................................... 4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0248 .......... Recordkeeping Requirements ...... 4/16/2015 10/27/2015 [Insert Federal Register citation].Except (4)(c) and (d). 

244–0250 .......... Reporting Requirements ............... 4/16/2015 10/27/2015 [Insert Federal Register citation].

244–0252 .......... General Provision Applicability ..... 12/31/2008 10/27/2015 [Insert Federal Register citation].

* * * * * * * 

1Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas, as well as all 

of Clackamas, Multnomah, and Washington counties. 2This approval is for the purpose of regulating volatile organic compound (VOC) emissions. 

* * * * * 

[FR Doc. 2015–27170 Filed 10–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0256; FRL–9935–66– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Arizona; 

Phased Discontinuation of Stage II 

Vapor Recovery Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of adverse 

comments, the Environmental 

Protection Agency (EPA) is withdrawing 

the September 2, 2015 direct final rule 

that approves a state implementation 

plan (SIP) revision related to the 

removal of ‘‘Stage II’’ vapor recovery 

equipment at gasoline dispensing 

facilities in the Phoenix-Mesa area. The 

EPA will address the comments in a 

subsequent final action based upon the 

proposed rulemaking action, also 

published on September 2, 2105. The 

EPA will not institute a second 

comment period on this action. 

DATES: The direct final rule published at 

80 FR 53001 on September 2, 2015 is 

withdrawn, effective October 27, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne, San 

Francisco, California 94105; (415) 947– 

4152; buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 2, 2015 (80 FR 53001), the 

EPA published a direct final rule 

approving a SIP revision submitted by 

the Arizona Department of 

Environmental Quality (ADEQ). The 

revision provides for the phased 

removal of Stage II vapor recovery 

equipment at gasoline dispensing 

facilities in the Phoenix-Mesa area. 

Specifically, the revision eliminates the 

requirement to install and operate such 

equipment at new gasoline dispending 

facilities, and provides for the phased 

removal of such equipment at existing 

gasoline dispensing facilities from 

October 2016 through September 2018. 

In the direct final rule, the EPA stated 

that if adverse comments were received 

by October 2, 2015, the EPA would 

publish a timely withdrawal of the 

direct final rule and address the 

comments in a subsequent final rule. 

The EPA received adverse comments 

and is therefore withdrawing the direct 

final rule. The EPA will address these 

comments in a separate final action 

based on the proposed action also 

published on September 2, 2015 (80 FR 

53086). The EPA will not open a second 

comment period for this action. 

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. 


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