[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 897-900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31636]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0587; FRL-9732-9]


Revisions to the California State Implementation Plan, San Diego 
APCD, Northern Sierra AQMD, and Sacramento Metropolitan AQMD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
San Diego Air Pollution Control District (SDAPCD), Northern Sierra Air 
Quality Management District (NSAQMD), and Sacramento Metropolitan Air 
Quality Management District (SMAQMD) portions of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from the transfer of gasoline at gasoline 
dispensing facilities. 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 March 8, 2013 without further notice, 
unless EPA receives adverse comments by February 6, 2013. 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-
2012-0587, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    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

[[Page 898]]

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. 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: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected].

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 or 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 amended by the local air agencies and submitted by the California 
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                Rule
                Local agency                             Rule title              Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD.....................................       61.4  Transfer of Volatile Organic       03/26/08     07/18/08
                                                         Compounds into Vehicle Fuel
                                                         Tanks.
NSAQMD.....................................        214  Phase I Vapor Recovery             04/25/11     09/27/11
                                                         Requirements.
SMAQMD.....................................        448  Gasoline Transfer into             02/26/09     04/05/11
                                                         Stationary Storage Containers.
SMAQMD.....................................        449  Transfer of Gasoline into          02/26/09     04/05/11
                                                         Vehicle Fuel Tanks.
----------------------------------------------------------------------------------------------------------------

    On August 22, 2008, October 24, 2011, and May 6, 2011, EPA 
determined that the submittal for SDAPCD Rule 61.4, NSAQMD Rule 214, 
and SMAQMD Rules 448 and 449 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?

    There is no previous version of NSAQMD Rule 214 in the SIP, 
although the NSAQMD adopted earlier versions of these rules on March 
27, 2007 and February 22, 2010, and CARB submitted them to us on March 
7, 2008 and July 20, 2010. We approved an earlier version of SDAPCD 
Rule 61.4 into the SIP on May 13, 1993 (58 FR 28354). The SDAPCD 
adopted revisions to the SIP-approved version of SDAPCD Rule 61.4 on 
March 26, 2008 and CARB submitted them to us on July 18, 2008. We also 
approved earlier versions of SMAQMD Rule 448 into the SIP on January 
23, 1996 (61 FR 1716) and SMAQMD Rule 449 into the SIP on March 24, 
2003 (68 FR 14156). The SMAQMD adopted revisions to the SIP-approved 
versions of the two rules on February 26, 2009 and CARB submitted them 
to us on April 5, 2011. While we can act on only the most recently 
submitted version, we have reviewed materials provided with previous 
submittals.

C. What is the purpose of the submitted rules or rule revisions?

    Volatile organic compounds (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. The revisions to the gasoline transfer rules incorporate an 
exemption when widespread onboard refueling vapor recovery system is in 
use and update several standards to match what is required by the 
California Air Resources Board regarding certification, testing, 
monitoring, and recordkeeping. EPA's technical support document (TSD) 
has more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and (b)(2)), and must not relax existing 
requirements (see sections 110(l) and 193). The SDAPCD, NSAQMD, and 
SMAQMD regulate ozone nonattainment areas (see 40 CFR part 81), so 
NSAQMD Rule 214, SMAQMD Rule 448, and SMAQMD Rule 449 must fulfill 
RACT. However, because SDAPCD was classified on May 14, 2012 (77 FR 
28424), RACT SIP requirements for the district do not come into effect 
until one year after the effective date of the classification and do 
not currently apply to SDAPCD Rule 61.4.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
following:

    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Design Criteria for Stage I Vapor Control Systems Gasoline 
Service Stations'' (EPA-450/R-75-102-1975/11) November 1975.
    4. ``Gasoline Vapor Recovery Guidelines'', EPA Region IX, April 
24, 2000.
    5. ``Technical Guidance--Stage II vapor Recovery Systems for 
Control of Vehicle Refueling Emissions at Gasoline Dispensing 
Facilities.'' (EPA-450/3-91-022a) November 1991.
    6. ``EPA's Draft Model Rule, Gasoline Dispensing Facility--Stage 
II Vapor Recovery,'' August 17, 1992.

[[Page 899]]

B. Do the rules meet the evaluation criteria?

    We believe NSAQMD Rule 214, SMAQMD Rule 448, and SMAQMD Rule 449 
are consistent with the relevant policy and guidance regarding 
enforceability, RACT, and SIP relaxations. While SDAPCD Rule 61.4 does 
not meet RACT requirements, it is consistent with the relevant policy, 
guidance regarding enforceability, and SIP relaxations. The TSD has 
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agencies modify the rules.

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 February 6, 2013, 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 March 8, 2013. 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. Statutory and Executive Order Reviews

    Under the 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 Sec.  52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 8, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 5, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52 [AMENDED]

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)(359)(i)(F), 
(388)(i)(D)(4) and (5) and (404)(i)(B)(2) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (359) * * *
    (i) * * *
    (F) San Diego County Air Pollution Control District.

[[Page 900]]

    (1) Rule 61.4, ``Transfer of Volatile Organic Compounds into 
Vehicle Fuel Tanks,'' revised on March 26, 2008.
* * * * *
    (388) * * *
    (i) * * *
    (D) * * *
    (4) Rule 448, ``Gasoline Transfer into Stationary Storage 
Containers,'' amended on February 26, 2009.
    (5) Rule 449, ``Transfer of Gasoline into Vehicle Fuel Tanks,'' 
amended on February 26, 2009.
* * * * *
    (404) * * *
    (i) * * *
    (B) * * *
    (2) Rule 214, ``Phase I Vapor Recovery Requirements,'' amended on 
April 25, 2011.
* * * * *
[FR Doc. 2012-31636 Filed 1-4-13; 8:45 am]
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