[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Rules and Regulations]
[Pages 49480-49482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19031]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0366; FRL-8797-02-R9]


Air Plan Approval; California; San Diego County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the San Diego County Air Pollution 
Control District (SDCAPCD or ``District'') portion of the California 
State Implementation Plan (SIP). This revision concerns emissions of 
volatile organic compounds (VOCs) from gasoline transfers into 
underground stationary storage tanks at gasoline dispensing facilities. 
We are approving a local rule that regulates these emission sources 
under the Clean Air Act (CAA or ``Act'').

DATES: This rule will be effective on October 4, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0366. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information 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 form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3004 or by 
email at newhouse.rebecca@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 7, 2021,\1\ the EPA proposed to approve the following rule 
into the California SIP.
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    \1\ 86 FR 30232.

[[Page 49481]]



----------------------------------------------------------------------------------------------------------------
         Local agency             Rule #       Rule title              Adopted                  Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.......................     61.3.1  Transfer of        March 1, 2006...........  August 9, 2017. \2\
                                            Gasoline into
                                            Stationary
                                            Underground
                                            Storage Tanks.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.
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    \2\ The District supplemented its submittal by providing 
additional proof of public notice, submitted by CARB to the EPA on 
December 28, 2020. Letter dated December 28, 2020, from Richard W. 
Corey, Executive Officer, CARB, to John W. Busterud, Regional 
Administrator, EPA, Region IX, transmitting the proof of public 
notice in The Daily Transcript, and Minute Order No.1 from the 
SDCAPCD Board hearing on October 14, 2020.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving this rule into the 
California SIP. Additionally, we find that SDCAPCD has rectified the 
deficiency identified in our December 3, 2020, partial disapproval \3\ 
of the District's reasonably available control technology (RACT) 
analysis for the 2008 8-hr ozone National Ambient Air Quality Standard 
(``2008 RACT SIP'') with respect to the source category covering the 
``Design Criteria for Stage I Vapor Control Systems--Gasoline Service 
Stations'' (EPA-450/R-75-102) Control Techniques Guidelines (``Stage I 
Gasoline Transfer CTG''). This action terminates the sanctions and 
Federal Implementation Plan (FIP) clocks associated with our partial 
disapproval of the District's 2008 RACT SIP for the Stage I Gasoline 
Transfer CTG.\4\ This action also satisfies the District's RACT 
obligation for this source category with respect to the 2008 8-hr ozone 
NAAQS.
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    \3\ 85 FR 77996.
    \4\ This action does not stop or otherwise impact the sanctions 
and FIP clocks associated with our partial disapproval of other CTG 
source categories identified in our partial approval and partial 
disapproval of the District's 2008 RACT SIP. See id.
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IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
SDCAPCD rule described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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, the 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 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).
    In addition, 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 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 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 2, 2021. 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, Ozone, Reporting and 
recordkeeping

[[Page 49482]]

requirements, Volatile organic compounds.

    Dated: August 27, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations 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)(503)(i)(B)(2) to 
read as follows:


Sec.  52.220   Identification of plan.

* * * * *
    (c) * * *
    (503) * * *
    (i) * * *
    (B) * * *
    (2) Rule 61.3.1, ``Transfer of Gasoline into Stationary Underground 
Storage Tanks,'' adopted on March 1, 2006.
* * * * *


Sec.  52.237   [Amended]

0
3. Section 52.237 is amended by removing and reserving paragraph 
(b)(2)(i)(A).

[FR Doc. 2021-19031 Filed 9-2-21; 8:45 am]
BILLING CODE 6560-50-P


