[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57725-57727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24106]


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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.

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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: [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.
    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, [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?
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
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
             Local agency                   Rule #             Rule title             revised        Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD...............................            1002  Transfer of Gaslone into        12/17/14        04/07/15
                                                         Vehicle Fuel Tanks.
VCAPCD................................           74.33  Liquefied Petroleum Gas         01/13/15        04/07/15
                                                         Transfer or Dispensing.
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    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

[[Page 57726]]

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

[[Page 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

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 paragraph (c)(461) to read as 
follows:


Sec.  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