Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules 64795 

141 67 FR 69141 (November 15, 2002), limiting 

our prior approval of budgets in certain California 

SIPs. 

the State’s request to limit an approval 

of its budgets only if the request 

includes the following elements: 141

• An acknowledgement and 

explanation as to why the budgets under 

consideration have become outdated or 

deficient; 

• A commitment to update the 

budgets as part of a comprehensive SIP 

update; and 

• A request that the EPA limit the 

duration of its approval to the time 

when new budgets have been found to 

be adequate for transportation 

conformity purposes. 

Because CARB’s request does not 

include all of these elements, we cannot 

at this time propose to limit the 

duration of our approval of the 

submitted budgets. In order to limit the 

approval, we would need the 

information described above in order to 

determine whether such limitation is 

reasonable and appropriate in this case. 

Once CARB has provided the necessary 

information, we intend to review it and 

take appropriate action. If we propose to 

limit the duration of our approval of the 

budgets in the Portola PM2.5 Plan, we 

will provide the public an opportunity 

to comment. The duration of the 

approval of the budgets, however, 

would not be limited until we complete 

such a rulemaking. 

V. Summary of Proposed Actions and 

Request for Public Comment 

Under CAA sections 110(k)(3), the 

EPA is proposing to approve SIP 

revisions submitted by California to 

address the Act’s Moderate area 

planning requirements for the 2012 

PM2.5 NAAQS in the Portola 

nonattainment area. Specifically, the 

EPA is proposing to approve the 

following elements of the Portola PM2.5

Plan: 

1. The 2013 base year emissions 

inventories as meeting the requirements 

of CAA section 172(c)(3); 

2. The reasonably available control 

measure/reasonably available control 

technology demonstration as meeting 

the requirements of CAA sections 

172(c)(1) and 189(a)(1)(C); 

3. The attainment demonstration as 

meeting the requirements of CAA 

sections 172(c)(1) and 189(a)(1)(B); 

4. The reasonable further progress 

demonstration as meeting the 

requirements of CAA section 172(c)(2); 

5. The quantitative milestones as 

meeting the requirements of CAA 

section 189(c); and 

6. The motor vehicle emissions 

budgets for 2019 and 2021, because they 

are derived from approvable attainment 

and RFP demonstrations and meet the 

requirements of CAA section 176(c) and 

40 CFR part 93, subpart A. 

The EPA is not proposing any action 

at this time on the contingency 

measures or the post-attainment year 

(2022) budget in the Portola PM2.5 Plan. 

We will accept comments from the 

public on these proposals for the next 

30 days. The deadline and instructions 

for submission of comments are 

provided in the DATES and ADDRESSES

sections at the beginning of this 

preamble. 

VI. 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 proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 

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, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: December 4, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–27257 Filed 12–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0787; FRL–9988–18– 

Region 9] 

Air Plan Approval; California; Antelope 

Valley Air Quality Management District; 

Optional General SIP Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Antelope Valley Air 

Quality Management District 

(AVAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from 

organic liquid loading. We are 

proposing to approve revisions to a local 

rule to regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). We are taking comments on this 


amozie on DSK3GDR082PROD with PROPOSALS1
64796 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

January 17, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2018–0787 at http://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Newhouse, EPA Region IX, 

(415) 972–3004, newhouse.rebecca@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the rule revision? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rule 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule # Rule title Amended Submitted 

AVAQMD ................................ 462 Organic Liquid Loading 1 ........................................................ 09/19/17 11/13/17 

1Subsequent to the submittal of Rule 462, the District made two minor administrative corrections to the rule text. The EPA is proposing to approve the corrected version of the rule. More information on these corrections can be found in the TSD. 

On May 13, 2018, the submittal for 

AVAQMD was deemed by operation of 

law to meet the completeness criteria in 

40 CFR part 51 Appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of this rule? 

We approved an earlier version of 

Rule 462 into the SIP on October 5, 1979 

(47 FR 29668). The AVAQMD adopted 

revisions to the SIP-approved version on 

September 19, 2017, and CARB 

submitted them to us on November 13, 

2017. 

C. What is the purpose of the rule 

revision? 

VOCs help produce ground-level 

ozone, smog and particulate matter 

(PM), which harm human health and 

the environment. Section 110(a) of the 

CAA requires states to submit 

regulations that control VOC emissions. 

SIP-approved Rule 462 establishes VOC 

emission limits for organic liquid and 

gasoline transfers into delivery vessels 

at bulk terminals and bulk gasoline 

plants. It also describes inspection, 

recordkeeping, and work-practice 

requirements for organic liquid and 

gasoline transfers at these facilities. 

Revisions to the SIP-approved version of 

Rule 462 adopted on September 19, 

2017, include lowering VOC emission 

limits for organic liquid and gasoline 

transfers at facilities transferring over 

20,000 gallons of organic liquid per day 

from 0.65 lbs VOCs per 1000 gallons 

transferred to 0.08 lbs VOCs per 1000 

gallons transferred; requiring those 

facilities to install and maintain a 

continuous emissions monitoring 

system; and requiring VOC vapor 

control efficiency of 90 percent for 

specified facilities existing prior to 

January 9, 1976, which load less than 

20,000 gallons of gasoline per day. 

Revisions also require vapor recovery 

systems at specified organic liquid and 

gasoline transfer facilities be CARBcertified; strengthen inspection and 

record keeping requirements; and make 

other clarifying and conforming 

changes. 

Additionally, on October 10, 2017 (82 

FR 46923), the EPA partially 

conditionally approved AVAQMD’s 

reasonably available control technology 

(RACT) demonstrations for the 1997 8- 

hr ozone National Ambient Air Quality 

Standards (NAAQS) and the 2008 8-hr 

ozone NAAQS (also referred to as the 

2006 and 2015 RACT SIPs) with respect 

to Rule 462, based on commitments 

from AVAQMD to revise and submit 

amendments to Rule 462 that remedy 

specific deficiencies. These deficiencies 

were identified in our December 15, 

2016 proposed partial approval and 

partial disapproval (81 FR 90754) and 

referenced in our July 28, 2017 proposal 

(82 FR 35149). For Rule 462, the 

deficiency was identified as a ‘‘facility 

vapor leak’’ definition that was 

inconsistent with the test method 

specified to conduct vapor leak 

measurements. Revisions to Rule 462 on 

September 19, 2017, corrected the 

deficiency. The EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

RACT for each category of sources 

covered by a Control Techniques 

Guidelines (CTG) document as well as 

each major source of VOCs in ozone 

nonattainment areas classified as 

moderate or above (see CAA section 

182(b)(2)). The AVAQMD regulates an 

ozone nonattainment area classified as 

Severe for the 1997 and 2008 8-hour 

ozone NAAQS (40 CFR 81.305). 


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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules 64797 

Therefore, this rule must implement 

RACT. In addition, the rule was 

evaluated to ensure it met the 

commitment made by the AVAQMD 

that served as the basis for the partial 

conditional approval of the AVAQMD 

2006 and 2015 RACT SIPs with respect 

to Rule 462 (82 FR 46923). 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Control of Volatile Organic 

Emissions from Bulk Gasoline Plants,’’ 

EPA–450/2–77–035, December 1977. 

5. ‘‘Control of Hydrocarbons from 

Tank Truck Gasoline Loading 

Terminals,’’ EPA–450/2–77–026, 

October 1977. 

B. Does the rule meet the evaluation 

criteria? 

This rule is consistent with CAA 

requirements and relevant guidance 

regarding enforceability, RACT, and SIP 

revisions, and meets the District’s 

commitment to remedy the Rule 462 

deficiency identified in the RACT SIP 

conditional approval (82 FR 46923). The 

TSD has more information on our 

evaluation. 

C. EPA Recommendations to Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rule because it 

fulfills all relevant requirements. We 

will accept comments from the public 

on this proposal until January 17, 2019. 

If we take final action to approve the 

submitted rule, our final action will 

incorporate this rule into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the AVAQMD rule described in Table 1 

of this preamble. The EPA has made, 

and will continue to make, these 

materials 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). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 

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, 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). 

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. 

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

Dated: November 30, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–27362 Filed 12–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0544; FRL–9988–02– 

Region 4] 

Air Plan Approval; Alabama; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Alabama through the Alabama 

Department of Environmental 

Management (ADEM) with a letter dated 

June 26, 2018. Alabama’s SIP revision 

(Progress Report) addresses 

requirements of the Clean Air Act (CAA 

or Act) and EPA’s rules that require 

each state to submit periodic reports 

describing progress towards reasonable 


amozie on DSK3GDR082PROD with PROPOSALS1