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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations Local agency SDCAPCD

Rule
61.3.1

Rule title
Adopted
Transfer of Gasoline into Stationary Underground Storage Tanks.

March 1, 2006

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.
II. Public Comments and EPA
Responses The EPAs 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 110k3 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 Districts 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 SystemsGasoline Service Stations EPA450/R75102 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 Districts 2008 RACT SIP for the Stage I Gasoline Transfer CTG.4 This action also satisfies the Districts RACT
obligation for this source category with respect to the 2008 8-hr ozone NAAQS.

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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 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.
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 Districts 2008 RACT SIP. See id.

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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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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. 1044;
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 12d 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
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Submitted
August 9, 2017. 2

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.
8042.
Under section 307b1 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 307b2.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping
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