[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21542-21545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0828; FRL-9776-6]


Revisions to the California State Implementation Plan, Santa 
Barbara County Air Pollution Control District and South Coast Air 
Quality Management District

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 
Santa Barbara County Air Pollution Control District (SBCAPCD) and South 
Coast Air Quality Management District (SCAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) and oxides of nitrogen (NOX) 
emissions from gas-fired fan-type central furnaces, small water 
heaters, and the transfer and dispensing of gasoline. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act (CAA or the Act).

[[Page 21543]]


DATES: This rule is effective on June 10, 2013 without further notice, 
unless EPA receives adverse comments by May 13, 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-
2012-0828, 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 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 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 (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Amended/
            Local agency                Rule No.              Rule title              revised        Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD............................             352  Natural Gas-Fire Fan-Type          10/20/11        02/23/12
                                                      Central Furnaces and Small
                                                      Water Heaters.
SCAQMD.............................             461  Gasoline Transfer and              04/06/12        09/21/12
                                                      Dispensing.
----------------------------------------------------------------------------------------------------------------

    On March 13, 2012 and October 11, 2012, EPA determined that the 
submittal for SBCAPCD Rule 352 and SCAQMD Rule 461 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 SBCAPCD Rule 352 into the SIP on 
December 20, 2000 (65 FR 79752). We approved an earlier version of 
SCAQMD Rule 461 into the SIP on April 11, 2006 (71 FR 18216). The 
SCAQMD adopted revisions to the SIP-approved version on March 7, 2008 
but the revision was not submitted to EPA. While we can act on only the 
most recently submitted version, we have reviewed materials from 
previous rule revisions.

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. NOX helps produce ground-level 
ozone, smog and particulate matter, which harm human health and the 
environment. Section 110(a) of the CAA requires States to submit 
regulations that control VOC and NOX emissions. SBCAPCD Rule 
352 limits emissions from gas-fired fan-type central furnaces and small 
water heaters and SCAQMD Rule 461 controls emissions from the transfer 
and dispensing of gasoline. EPA's technical support documents (TSD) 
have 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 SCAQMD regulates an 
ozone nonattainment area (see 40 CFR part 81), so Rule 461 must fulfill 
RACT. SBCAPCD is designated as unclassifiable/attainment for all 
National Ambient Air Quality Standards (NAAQS) so that submitted Rule 
352 does not have to fulfill RACT requirements.
    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

[[Page 21544]]

Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Gasoline Vapor Recovery Guidelines'', EPA Region IX, April 24, 
2000.
    4. ``Technical Guidance--Stage II vapor Recovery Systems for 
Control of Vehicle Refueling Emissions at Gasoline Dispensing 
Facilities.'' (EPA-450/3-91-022a) November 1991.
    5. ``EPA's Draft Model Rule, Gasoline Dispensing Facility--Stage II 
Vapor Recovery,'' August 17, 1992.

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 TSDs 
have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe 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 May 13, 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 June 10, 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 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 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 (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 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 June 10, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 23, 2013.
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.


[[Page 21545]]



Subpart F--California

0
2. Section 52.220, is amended by adding paragraphs (c)(411)(i)(G) and 
(c)(423)(i)(C) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (411) * * *
    (i) * * *
    (G) Santa Barbara County Air Pollution Control District.
    (1) Rule 352, ``Natural Gas-Fired Fan-Type Central Furnaces and 
Small Water Heaters,'' revised on October 20, 2011.
* * * * *
    (423) * * *
    (i) * * *
    (C) South Coast Air Quality Management District.
    (1) Rule 461, ``Gasoline Transfer and Dispensing,'' amended on 
April 6, 2012.

[FR Doc. 2013-08261 Filed 4-10-13; 8:45 am]
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