Revisions to the California State Implementation Plan, San Diego APCD, Northern Sierra AQMD, and Sacramento Metropolitan AQMD, 897-900 [2012-31636]
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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations
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
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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 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. 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.
Dated: August 30, 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]
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)(381)(i)(A)(7) to
read as follows:
■
§ 52.220
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(c) * * *
(381) * * *
(i) * * *
(A) * * *
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(7) Rule 400.2, ‘‘Boilers, Process
Heaters and Steam Generators,’’ adopted
on February 23, 2010.
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[FR Doc. 2012–30625 Filed 1–4–13; 10:08 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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: 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
SUMMARY:
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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations
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.
Table of Contents
FOR FURTHER INFORMATION CONTACT:
A. What rules did the State submit?
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
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
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
Local agency
Rule #
Rule title
SDAPCD .................................................
61.4
NSAQMD ................................................
SMAQMD ................................................
SMAQMD ................................................
214
448
449
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.
have reviewed materials provided with
previous submittals.
TKELLEY on DSK3SPTVN1PROD with
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 SIPapproved 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
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Transfer of Volatile Organic Compounds into Vehicle Fuel
Tanks.
Phase I Vapor Recovery Requirements ................................
Gasoline Transfer into Stationary Storage Containers ..........
Transfer of Gasoline into Vehicle Fuel Tanks .......................
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,
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03/26/08
07/18/08
04/25/11
02/26/09
02/26/09
09/27/11
04/05/11
04/05/11
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.
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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.
TKELLEY on DSK3SPTVN1PROD with
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 § 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
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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
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899
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]
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 paragraphs (c)(359)(i)(F),
(388)(i)(D)(4) and (5) and (404)(i)(B)(2)
to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(359) * * *
(i) * * *
(F) San Diego County Air Pollution
Control District.
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(1) Rule 61.4, ‘‘Transfer of Volatile
Organic Compounds into Vehicle Fuel
Tanks,’’ revised on March 26, 2008.
*
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*
(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.
*
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(404) * * *
(i) * * *
(B) * * *
(2) Rule 214, ‘‘Phase I Vapor Recovery
Requirements,’’ amended on April 25,
2011.
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[FR Doc. 2012–31636 Filed 1–4–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[Docket #: EPA–R10–OAR–2010–0914;
FRL—9764–7]
Approval and Promulgation of Air
Quality Implementation Plans; Alaska:
Eagle River PM10 Nonattainment Area
Limited Maintenance Plan and
Redesignation Request
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve the Limited
Maintenance Plan (LMP) submitted by
the State of Alaska on September 29,
2010 for the Eagle River nonattainment
area (Eagle River NAA) and the State’s
request to redesignate the area to
attainment for the National Ambient Air
Quality Standards (NAAQS) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM10).
DATES: This direct final rule will be
effective March 8, 2013, without further
notice, unless EPA receives adverse
comments by February 6, 2013. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule 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–2010–0914, by any of the
following methods:
TKELLEY on DSK3SPTVN1PROD with
SUMMARY:
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• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: R10Public_Comments@epa.gov.
• Mail: Justin A. Spenillo, EPA
Region 10, Office of Air, Waste and
Toxics (AWT–107), 1200 Sixth Avenue,
Suite 900, Seattle WA, 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle WA, 98101. Attention: Justin A.
Spenillo, Office of Air, Waste and
Toxics, AWT–107. 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–2010–
0914. EPA’s policy is that all comments
received 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 information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means 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 EPA without going
through 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 an electronic comment, 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 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: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
the disclosure of which 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
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either electronically in
www.regulations.gov or in hard copy
during normal business hours at the
Office of Air, Waste and Toxics, EPA
Region 10, 1200 Sixth Avenue, Seattle
WA, 98101.
FOR FURTHER INFORMATION CONTACT:
Justin A. Spenillo at (206) 553–6125,
spenillo.justin@epa.gov, or the above
EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
intended to refer to EPA.
Table of Contents
I. This Action
II. Background
A. PM10 NAAQS
B. Eagle River NAA and Planning
Background
III. Requirements for Redesignation
A. CAA Requirements for Redesignation of
Nonattainment Areas
B. The LMP Option for PM10
Nonattainment Areas
C. Conformity Under the LMP Option
IV. Review of the Alaska Submittal
Addressing the Requirements for
Redesignation and LMPs
A. Has the Eagle River NAA attained the
applicable NAAQS?
B. Does the Eagle River NAA have a fully
approved SIP under section 110(k) of the
CAA?
C. Has the State met all applicable
requirements under section 110 and part
D of the CAA?
D. Has the State demonstrated that the air
quality improvement is due to
permanent and enforceable reductions?
E. Does the area have a fully approved
maintenance plan pursuant to section
175A of the CAA?
F. Has the State demonstrated that the
Eagle River NAA qualifies for the LMP
option?
G. Does the State have an approved
attainment emissions inventory which
can be used to demonstrate attainment of
the NAAQS?
H. Does the LMP include an assurance of
continued operation of an appropriate
EPA-approved air quality monitoring
network, in accordance with 40 CFR part
58?
I. Does the plan meet the Clean Air Act
requirements for contingency
provisions?
J. Has the State met conformity
requirements?
V. Final Action
VI. Statutory and Executive Order Reviews
I. This Action
EPA is taking direct final action to
approve the Limited Maintenance Plan
(LMP) submitted by the State of Alaska
on September 29, 2010, for the Eagle
River nonattainment area (Eagle River
NAA) and to concurrently redesignate
the area to attainment for the PM10
NAAQS. EPA has reviewed air quality
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[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 897-900]
From the Federal Register Online via the Government Printing 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: 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
[[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, law.nicole@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 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
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Rule
Local agency Rule title Amended Submitted
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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.
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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.
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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.
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(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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