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Air Plan Approval; OR; Portland, Medford, Salem; Clackamas, Multnomah, Washington Counties; Gasoline Dispensing Facilities

American Government Special Collections Reference Desk

American Government

Air Plan Approval; OR; Portland, Medford, Salem; Clackamas, Multnomah, Washington Counties; Gasoline Dispensing Facilities

Michelle Pirzadeh
Environmental Protection Agency
October 27, 2015


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65655-65660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27170]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2011-0799; FRL-9936-03-Region 10]


Air Plan Approval; OR; Portland, Medford, Salem; Clackamas, 
Multnomah, Washington Counties; Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve three state implementation plan (SIP) revisions 
submitted by the State of Oregon Department of Environmental Quality 
(Oregon or ODEQ) and a specific portion of a fourth SIP submittal 
identified in a supplementary letter. These SIP submittals primarily 
include rule amendments related to control measures for volatile 
organic compounds from gasoline dispensing facilities in the Portland-
Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study 
air quality management areas, as well as all of Clackamas, Multnomah, 
and Washington counties. The EPA received the SIP submittals from the 
ODEQ on February 5, 2009, November 1, 2010, May 25, 2011, and April 20, 
2015, and the supplementary letter on September 18, 2015. The EPA is 
approving the SIP submittals because they are consistent with the 
requirements of the Clean Air Act (Act or CAA).

DATES: This rule is effective on December 28, 2015, without further 
notice, unless the EPA receives adverse comment by November 27, 2015. 
If the EPA receives adverse comment, we will publish a timely 
withdrawal 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-2011-0799, by any of the following methods:
     Federal eRulemaking Portal http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Email: vaupel.claudia@epa.gov.
     Mail: Claudia Vergnani Vaupel, EPA Region 10, Office of 
Air, Waste and Toxics, AWT-150, 1200 Sixth Avenue, Suite 900, Seattle 
WA, 98101.
     Hand Delivery/Courier: EPA Region 10, 1200 Sixth Avenue, 
Suite 900, Seattle WA, 98101. Attention: Claudia Vergnani Vaupel, 
Office of Air, Waste and Toxics, AWT-150. 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-
2011-0799. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the 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 the EPA 
without going through http://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

[[Page 65656]]

an electronic comment, the 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 the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
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 http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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. Publicly available docket 
materials are available at http://www.regulations.gov or at EPA Region 
10, Office of Air, Waste, and Toxics, AWT-150, 1200 Sixth Avenue, 
Seattle, Washington 98101. The EPA requests that you contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at (206) 553-
6121, vaupel.claudia@epa.gov, or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'' or ``our'' is used, it is intended to refer to the EPA.

I. Introduction

    Section 110 of the CAA requires states to develop and submit to the 
EPA SIPs to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). Each federally-approved SIP protects air 
quality primarily by addressing air pollution at its point of origin 
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally 
enforceable. States revise the SIP as needed and submit revisions to 
the EPA for review and approval.

II. Background

    This action primarily addresses Oregon's SIP submittals dated 
February 5, 2009, November 1, 2010, and May 25, 2011. These submittals 
include amendments to rules that control volatile organic compound 
(VOC) emissions from gasoline dispensing facilities in the Air Quality 
Management Areas (AQMAs) of Portland-Vancouver (which includes portions 
of Clackamas, Multnomah, and Washington counties), Medford-Ashland, and 
Salem-Keizer Area Transportation Study (SKATS), as well as all of 
Clackamas, Multnomah, and Washington counties. The VOC rules were 
previously approved into the Oregon SIP to address Reasonably Available 
Control Technology (RACT) requirements for ozone nonattainment areas. 
(See for example 45 FR 42265, June 24, 1980). The VOC RACT rules 
support continued attainment and maintenance of the ozone NAAQS. They 
address emissions during the delivery of gasoline from gasoline cargo 
tank trucks to gasoline dispensing facility storage tanks as well as 
the emissions during the refueling of individual vehicles at gasoline 
dispensing facilities. During delivery, the emission controls generally 
include submerged fill pipes and stage I vapor balance systems. Stage I 
vapor balance systems capture vapors and return them to the gasoline 
cargo tank truck to keep the vapors from being emitted to the air. 
During the refueling of individual vehicles, special fuel dispensing 
nozzles at the pump (known as ``stage II'') capture vapors and direct 
them into the gasoline dispensing facility storage tanks.
    In general, the February 5, 2009 submittal amended the VOC rules to 
consolidate them with Oregon's then newly adopted rules that 
implemented the Federal National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for gasoline dispensing facilities, (40 CFR part 
63, subpart CCCCCC) (gasoline dispensing facility NESHAP). The effect 
of Oregon's rule amendments was to incorporate the substantive stage I 
VOC RACT rule requirements for gasoline dispensing facilities in Oregon 
Administrative Rules (OAR) 340 division 232 ``Emission Standards for 
VOC Point Sources'' and division 242 ``Rules Applicable to the Portland 
Area'' into division 244 ``Oregon Federal Hazardous Air Pollutant 
Program,'' and to incorporate the permitting requirements for these 
facilities into division 216 ``Air Contaminant Discharge Permits.'' The 
November 1, 2010 and May 25, 2011 submittals made additional amendments 
to the rules for gasoline dispensing facilities. These three submittals 
also include minor amendments to other rules in divisions 200 ``State 
of Oregon Clean Air Act Implementation Plan,'' 209 ``Public Notice 
Categories and Timing,'' and 210 ``Registration in General''.
    The April 20, 2015 submittal consists of comprehensive revisions to 
the ODEQ's air permitting and other air rules, including revisions to 
the rules for gasoline dispensing facilities in divisions 242 and 244. 
In a September 18, 2015 supplementary letter, the ODEQ requested that 
the EPA approve specific division 242 and 244 rules to ensure the most 
current version of the division 242 and 244 rules for gasoline 
dispensing facilities be approved into the SIP. Therefore, in this 
action, we are reviewing and acting only on the division 242 and 244 
rule amendments in the April 20, 2015 submittal that were identified in 
the supplementary letter. We are not reviewing or acting on any other 
portion of the April 20, 2015 submittal at this time, but will address 
the remainder of that submittal in a future action. In addition, the 
ODEQ requested that the EPA approve the identified division 244 rules 
for gasoline dispensing facilities that replaced OAR 340-232-0070 and 
OAR 340-242-0520 in the February 5, 2009 submittal only to the extent 
they apply to sources in the Portland-Vancouver, Medford-Ashland, and 
SKATS AQMAs, as well as all of Clackamas, Multnomah, and Washington 
counties.

III. The EPA's Evaluation

    In the February 5, 2009 submittal, the ODEQ repealed the SIP-
approved rule OAR 340-232-0070 that applied to gasoline dispensing 
facilities in the Portland-Vancouver, Medford-Ashland, and SKATS AQMAs. 
The ODEQ also removed references to stage I vapor balance systems from 
the SIP-approved rules OAR 340-242-0500 and -0520, which applied to 
gasoline dispensing facilities in Clackamas, Multnomah and Washington 
counties, but retained the stage II vapor collection system 
requirements in those rules. The stage I vapor balance requirements 
contained in OAR 340-232-0070, OAR 340-242-0500 and OAR 340-242-0520 
were added to sections of new rules in division 244 (-0030, -0234, -
0238, -0240, -0242, and -0244) and to amended sections of existing 
rules in division 216 (-0020, including tables 1 and 2, -0040, and -
0060). The ODEQ made further amendments to the rules for gasoline 
dispensing facilities in the subsequent submittals, as explained in 
section II.
    In addition to the VOC RACT gasoline dispensing facility rule 
amendments, the SIP submittals also include amendments to the following 
rules: OAR 340-200-0040, 340-209-0030, 340-210-0100, 340-210-0110, 340-
210-0120, 340-216-0062, and 340-244-0020. A summary discussion of the 
rule amendments is provided below. A table that identifies which new 
rules address

[[Page 65657]]

the SIP-approved gasoline dispensing facility provisions is included in 
the docket for this action.

A. Emission Control Requirements

    As in the SIP-approved rules, the amended rules in OAR 340 
divisions 244 and 216 continue to apply to the delivery of gasoline to 
a gasoline dispensing facility storage tank, require submerged filling 
and have specific piping requirements. The amended rules exempt all 
gasoline storage tanks with a capacity of less than 250 gallons from 
the submerged fill requirements. For tanks installed on or before 
October 14, 1999, this is more stringent than the SIP-approved rules 
which exempted tanks with a capacity of 1,500 gallons or less. However, 
the SIP-approved rules required submerged fill for all tanks installed 
after October 14, 1999. Thus, for those tanks with a capacity less than 
250 gallons, the amended rules are less stringent. The ODEQ provided 
emissions estimates for these small tanks exempt from the submerged 
fill requirements under the amended rules and explained that, in 
general, such sources use the gasoline for their own equipment (e.g., 
golf courses to fuel golf carts or a facility that has a gasoline 
powered forklift) rather than for resale, and that not many tanks are 
under this size threshold. The ODEQ estimates increases in VOC 
emissions in the AQMAs from this minor exemption to be 55 pounds, or 
0.027 tons, per year.
    The vapor balance system requirements in the amended rules are 
similar to the SIP-approved rules, including requirements that 
equipment be vapor tight, maintained in good working order, and 
properly connected. Both the amended and the SIP-approved rules exempt 
tanks with floating roofs from the vapor balance system requirements. 
Similar to the SIP-approved rule, the amended rules require that vapor 
balance systems meet certain specifications and demonstrate compliance. 
The amended rules cite more recently adopted test methods for 
compliance than the SIP-approved test methods. In addition, the new 
rules require a compliance demonstration every three years after the 
initial compliance demonstration for gasoline dispensing facilities 
with a monthly throughput of 100,000 gallons of gasoline or more. This 
is more stringent than the SIP-approved rule. In the Portland-
Vancouver, Medford-Ashland, and SKATS AQMAs, the amended rules continue 
to exempt gasoline storage tanks that have a capacity of 1,500 gallons 
or less from the vapor balance system requirements. However, in 
Clackamas, Multnomah, and Washington counties, the requirements for 
vapor balance systems are slightly amended. In these counties, the SIP-
approved rules required a vapor balance system for all tanks if the 
gasoline dispensing facility had an annual throughput of 120,000 
gallons of gasoline or more regardless of the storage capacity of the 
tank. The amended rules exempt gasoline storage tanks that have a 
capacity less than 250 gallons from the vapor balance system 
requirements. The EPA does not consider this to be a relaxation of the 
SIP-approved rules because gasoline dispensing facilities that have an 
annual throughput of 120,000 gallons of gasoline or more would be 
expected to have storage tanks that are larger than 250 gallons.
    The amended rules do not specify that training and written 
instructions be provided to the operators of gasoline dispensing 
facilities and gasoline transport vehicles as in the SIP-approved 
rules. The management practices for gasoline dispensing facilities and 
cargo tanks included in OAR 340-244-0242 tables 2 and 3 provide a 
similar level of assurance, however, that equipment is operated 
properly. In addition, the new rules for gasoline dispensing facilities 
in division 244 also include other requirements that are not currently 
in the SIP but are based on the requirements of the gasoline dispensing 
facility NESHAP. These include a specific timeframe for demonstrating 
initial compliance with the vapor balance system, demonstrating monthly 
throughput, general duties to minimize emissions, notifications, 
recordkeeping, and reporting. These requirements are consistent with 
the gasoline dispensing facility NESHAP and will either reduce VOC 
emissions or enhance the enforceability of VOC SIP requirements for 
gasoline dispensing facilities. Thus, while a few aspects of the 
amended requirements for gasoline dispensing facilities are less 
stringent than in the existing SIP, given the overall strengthening of 
the requirements for gasoline dispensing facilities in the identified 
areas under the amended rules, the EPA finds that the revisions to the 
requirements for gasoline dispensing facilities in the Portland-
Vancouver, Medford-Ashland, and SKATS AQMAs and in Clackamas, 
Multnomah, and Washington counties will not interfere with any 
applicable requirement concerning attainment or maintenance of the 
NAAQS or any other applicable CAA requirements. The EPA is therefore 
approving these requirements for the Portland-Vancouver, Medford-
Ashland, and SKATS AQMAs as well as all of Clackamas, Multnomah, and 
Washington counties.\1\
---------------------------------------------------------------------------

    \1\ The ODEQ has excluded from its submittal the following 
provisions in the emissions standards for gasoline dispensing 
facilities in division 244 that do not correspond to current SIP 
requirements for gasoline dispensing facilities or to provisions in 
the gasoline dispensing facility NESHAP: OAR 340-244-0238(1)(a) and 
(2)(c), 340-244-0240(1)(b) and (c), and 340-244-0242 (4)(c) and (d). 
The ODEQ has also requested that the EPA approve the definitions in 
OAR 340-244-0030 only to the extent needed to implement the 
requirements for gasoline dispensing facilities in the division 244 
requirements approved into the SIP.
---------------------------------------------------------------------------

B. Permitting Rules

    The General Air Contaminant Discharge Permits (ACDPs) rules in the 
amended OAR division 216 have replaced the vapor balance system (stage 
I) and stage II vapor collection permit requirements in the SIP-
approved rules. The EPA has approved the submitted amendments to 
division 216 (See 76 FR 80747, December 27, 2011). Like the SIP-
approved rules, the amended rules include equivalent \2\ permitting 
requirements, permitting fees, and a 10 year limit on the permit. Other 
administrative requirements, however, such as the requirement to notify 
the ODEQ of a change of ownership, the date for submitting renewal 
applications, and the requirement to keep a copy of the permit on site 
at the facility, are included in the SIP-approved rule, but are not 
included in the ODEQ's amended permit provisions for gasoline 
dispensing facilities. The EPA notes that the ODEQ includes these types 
of provisions in its general permit for gasoline dispensing facilities. 
Given the administrative nature of such requirements, the EPA concludes 
that the revisions to the permitting requirements for gasoline 
dispensing facilities will not interfere with any applicable 
requirement concerning attainment or maintenance of the NAAQS or any 
other applicable CAA requirements.
---------------------------------------------------------------------------

    \2\ In the amended rules, stage I and stage II permits are 
required for gasoline dispensing facilities with a monthly 
throughput of 10,000 gallons of gasoline or more. We consider this 
requirement to be essentially equivalent to the SIP-approved rule, 
which (a) required vapor balance systems (stage I) and permits for 
gasoline dispensing facilities with greater than 1,500 gallon 
capacity as explained in our May 10, 2000 action (65 FR 29956), and 
(b) required stage II systems and permits for gasoline dispensing 
facilities (subject to those requirements in OAR 340-242-0520) with 
an annual throughput exceeding 600,000 gallons.
---------------------------------------------------------------------------

C. Rule Amendments that the EPA is Not Approving

    The February 5, 2009, November 1, 2010, and May 25, 2011 submittals 
also include amendments to other rules that

[[Page 65658]]

we are not approving in this action. The division 210 ``Registration in 
General'' rules have been superseded by a more recent submittal and 
have been approved by the EPA (See 78 FR 37124, June 20, 2013). The 
April 20, 2015 submittal superseded OAR 340-209-0030 and OAR 340-216-
0062, and we will address them in a future action. We are also not 
approving OAR 340-244-0020, which was included in the February 5, 2009 
submittal, because this rule addresses the authority of Lane Regional 
Air Protection Agency (LRAPA) to implement requirements within its 
jurisdiction, and LRAPA does not have jurisdiction in the geographic 
areas covered by this SIP approval. Finally, OAR 340-200-0040 describes 
the State's procedures for adopting its SIP and references all of the 
state air regulations that have been adopted by the ODEQ for approval 
into the SIP (as a matter of state law), whether or not they have yet 
been submitted to or approved by the EPA. The EPA is not approving the 
revisions to this provision in these SIP submittals because the 
federally-approved SIP consists only of regulations and other 
requirements that have been submitted by the ODEQ and approved by the 
EPA.

IV. Final Action

    The EPA is taking the following action on the amendments to OAR 
Chapter 340 that were included in the February 5, 2009, November 1, 
2010, and May 25, 2011 submittals and the division 242 and 244 rules in 
the April 20, 2015 submittal that were identified by the ODEQ for our 
review in the September 18, 2015 supplementary letter. We are acting on 
the most recent version of the rules in the submittal identified in 
parentheses below. Further action on the earlier adopted versions of 
these rules included in the submittals is not required because they are 
no longer in effect and have been superseded by the most recent 
submittal.
    We are approving the following rule amendments: OAR 340-232-0070 
(repeal) (February 5, 2009 submittal); OAR 340-242-0500, -0510, -0520 
(April 20, 2015 submittal as identified in the September 18, 2015 
supplementary letter); \3\ OAR 340-244-0030,\4\ -0232, -0234, -0236, -
0238 (except (1)(a) and (2)(c)),\5\ -0239, -0240, -0242 (including 
tables 2 and 3), -0244 (except (1)(b) and (c)),\6\ -0246, -0248 (except 
(4)(c) and (d)),\7\ -0250 (April 20, 2015 submittal as identified in 
the September 18, 2015 supplementary letter); and OAR 340-244-0252 
(February 5, 2009 submittal). At the ODEQ's request, the EPA is 
approving the identified requirements in division 244 only for sources 
in the Portland-Vancouver, Medford-Ashland, and SKATS AQMAs as well as 
all of Clackamas, Multnomah, and Washington counties. The EPA notes 
that, although Oregon's rules for gasoline dispensing facilities also 
regulate emissions of hazardous air pollutants, the EPA is approving 
these provisions for the purpose of regulating VOC emissions from these 
facilities. The EPA's authority to approve SIPs extends to provisions 
related to attainment and maintenance of the NAAQS and carrying out 
other specific requirements of section 110 of the CAA.
---------------------------------------------------------------------------

    \3\ By its terms, division 242 applies only in Clackamas, 
Multnomah, and Washington Counties.
    \4\ As discussed above, the ODEQ has requested that the EPA 
approve the definitions in OAR 340-244-0030 only to the extent 
needed to implement the requirements for gasoline dispensing 
facilities in division 244 that are approved into the SIP.
    \5\ As discussed above, the ODEQ has excluded OAR 240-244-
0238(1)(a) and (2)(c) from its submittal.
    \6\ As discussed above, the ODEQ has excluded OAR 340-244-
0240(1)(b) and (c) from its submittal.
    \7\ As discussed above, the ODEQ has excluded OAR 340-244-
0242(4)(c) and (d) from its submittal.
---------------------------------------------------------------------------

    As discussed above, we are not approving OAR 340-200-0040 (May 25, 
2011); OAR 340-209-0030, OAR 340-210-0100, -0110, -0120, and OAR 340-
216-0062, -0064 (November 1, 2010 submittal); OAR 340-216-0020, -0060 
(May 25, 2011); or OAR 340-244-0020 (February 5, 2009 submittal).

V. Incorporation by Reference

    In this rule, the EPA is approving regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is incorporating by reference the Oregon regulations (OAR 
Chapter 340) described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 this action does not involve technical standard; 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).
    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

[[Page 65659]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 28, 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 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 the 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, Sulfur oxides, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 25, 2015.
Michelle Pirzadeh,
Acting Regional Administrator, Region 10.

    For the reasons stated in the preamble, 40 CFR part 52 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 MM--Oregon

0
2. In Sec.  52.1970, paragraph (c), Table 2--EPA Approved Oregon 
Administrative Rules (OAR), is amended by:
0
a. Removing the entry 232-0070;
0
b. Revising entries 242-0500; 242-0510; 242-0520;
0
c. Adding a header titled ``Division 244--Oregon Federal Hazardous Air 
Pollutant Program'' after the entry for ``242-0790'', and adding 
entries 244-0030, 244-0232, 244-0234, 244-0236, 244-0238, 244-0239, 
244-0240, 244-0242, 244-0244, 244-0246, 244-0248, 244-0250, and 244-
0252 in numerical order and
0
d. Adding footnotes 1 and 2, at the end of the table.
    The revisions and additions read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation             Title/subject      effective date    EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
                                Chapter 340--Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Division 242--Rules Applicable to the Portland Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Gasoline Vapors from Gasoline Transfer and Dispensing Operations
----------------------------------------------------------------------------------------------------------------
242-0500.....................  Purpose and                 4/16/2015  10/27/2015 [Insert    ....................
                                Applicability.                         Federal Register
                                                                       citation].
242-0510.....................  Definitions..........       4/16/2015  10/27/2015 [Insert    ....................
                                                                       Federal Register
                                                                       citation].
242-0520.....................  General Provisions...       4/16/2015  10/27/2015 [Insert    ....................
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Division 244--Oregon Federal Hazardous Air Pollutant Program 1 2
----------------------------------------------------------------------------------------------------------------
                                    General Provisions for Stationary Sources
----------------------------------------------------------------------------------------------------------------
244-0030.....................  Definitions..........       4/16/2015  10/27/2015 [Insert    Only to the extent
                                                                       Federal Register      needed to implement
                                                                       citation].            the requirements
                                                                                             for gasoline
                                                                                             dispensing
                                                                                             facilities in
                                                                                             division 244 that
                                                                                             are approved into
                                                                                             the SIP.
----------------------------------------------------------------------------------------------------------------
                              Emission Standards for Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
244-0232.....................  Purpose..............       4/16/2015  10/27/2015 [Insert    ....................
                                                                       Federal Register
                                                                       citation].

[[Page 65660]]

 
244-0234.....................  Affected Sources.....       4/16/2015  10/27/2015 [Insert    ....................
                                                                       Federal Register
                                                                       citation].
244-0236.....................  Affected Equipment or       4/16/2015  10/27/2015 [Insert    ....................
                                Processes.                             Federal Register
                                                                       citation].
244-0238.....................  Compliance Dates.....       4/16/2015  10/27/2015 [Insert    Except (1)(a) and
                                                                       Federal Register      (2)(c).
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                                  Emission Limitations and Management Practices
----------------------------------------------------------------------------------------------------------------
244-0239.....................  General Duties to           4/16/2015  10/27/2015 [Insert    ....................
                                Minimize Emissions.                    Federal Register
                                                                       citation].
244-0240.....................  Work Practice and           4/16/2015  10/27/2015 [Insert    ....................
                                Submerged Fill                         Federal Register
                                Requirements.                          citation].
244-0242.....................  Vapor Balance               4/16/2015  10/27/2015 [Insert    Including tables 2
                                Requirements.                          Federal Register      and 3.
                                                                       citation].
----------------------------------------------------------------------------------------------------------------
                                       Testing and Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
244-0244.....................  Testing and                 4/16/2015  10/27/2015 [Insert    Except (1)(b) and
                                Monitoring                             Federal Register      (c).
                                Requirements.                          citation].
----------------------------------------------------------------------------------------------------------------
                                       Notifications, Records, and Reports
----------------------------------------------------------------------------------------------------------------
244-0246.....................  Notifications........       4/16/2015  10/27/2015 [Insert    ....................
                                                                       Federal Register
                                                                       citation].
244-0248.....................  Recordkeeping               4/16/2015  10/27/2015 [Insert    Except (4)(c) and
                                Requirements.                          Federal Register      (d).
                                                                       citation].
244-0250.....................  Reporting                   4/16/2015  10/27/2015 [Insert    ....................
                                Requirements.                          Federal Register
                                                                       citation].
244-0252.....................  General Provision          12/31/2008  10/27/2015 [Insert    ....................
                                Applicability.                         Federal Register
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality
  management areas, as well as all of Clackamas, Multnomah, and Washington counties.
\2\ This approval is for the purpose of regulating volatile organic compound (VOC) emissions.

* * * * *
[FR Doc. 2015-27170 Filed 10-26-15; 8:45 am]
BILLING CODE 6560-50-P

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