75246 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Proposed Rules 

1Letter dated September 21, 2023, from Michael 

Benjamin, Chief, Air Quality Planning and Science 

Division, to Martha Guzman, Regional 

Administrator, EPA Region IX. The letter states that 

Section 94014, sub-sections (a)–(d), that describe 

fee provisions, were inadvertently submitted to the 

EPA. Therefore, the CARB will withdraw Section 

94014, sub-sections (a)–(d), from consideration for 

inclusion into the SIP. The EPA will not act on 

Section 94014, sub-sections (a)–(d) in this 

rulemaking. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the fireworks 

display. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all non-participants may not 

enter the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7:30 to 9 p.m. on 

December 31, 2023. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: October 25, 2023. 

J.W. Noggle, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Columbia River. 

[FR Doc. 2023–24152 Filed 11–1–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0479; FRL–11425– 

01–R9] 

Air Plan Approval; California; 

California Air Resources Board; 

Volatile Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the California Air Resources 

Board (CARB) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from vapor 

recovery systems of gasoline cargo 

tanks. We are proposing to approve a 

local rule to regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before December 4, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2023–0479 at https://

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. 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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with a 

disability 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: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evanshopper.lakenya@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 submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. The EPA’s 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 

amended by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULE

Local 

agency Regulation or provision Regulation title or subject Amended Submitted 

CARB ... California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article 1, 

Section 94014, except sub-sections (a)–(d) 1.

Certification of Vapor Recovery Systems for 

Cargo Tanks.

2 07/12/23 09/13/23 

CARB ... Certification Procedure CP–204 ......................... Certification Procedure for Vapor Recovery Systems of Cargo Tanks.07/12/23 09/13/23 

Pursuant to CAA section 110(k)(1)(B) 

and 40 CFR part 51 appendix V, the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Proposed Rules 75247 

2The California Air Resources Board amended 

the introductory paragraph of 17 California Code of 

Regulations Section 94014 on July 12, 2023, and the 

changed was filed with Thomson Reuters Westlaw 

on August 29, 2023. Therefore, the amendment for 

Section 94014 will be recorded as July 12, 2023. 

EPA determined that the submittal for 

CARB’s California Code of Regulations 

(CCR), Title 17, Division 3, Chapter 1, 

Subchapter 8, Article 1, Section 94014 

(Section 94014) met the completeness 

criteria on September 25, 2023. 

B. Are there other versions of this rule? 

On April 5, 2022 (87 FR 19631), we 

finalized a limited approval and limited 

disapproval of the July 25, 2013, version 

of Section 94014 into the SIP, including 

those regulatory provisions we 

identified as deficient. As part of our 

limited disapproval of Section 94014, 

CARB was required to submit revisions 

to correct the deficiencies. CARB 

subsequently adopted revisions to 

Section 94014 on July 12, 2023, and 

submitted them to the EPA on 

September 13, 2023. In this action we 

are proposing to approve the July 12, 

2023, version of Section 94014 and, if 

finalized, it would replace the 

previously approved version of this rule 

in the SIP. 

C. What is the purpose of the submitted 

rule revisions? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog, 

which harms human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control VOC emissions. The regulations 

covered by this action are intended to 

limit VOC emissions from cargo tank 

trucks used to transport gasoline from 

bulk terminals to gasoline dispensing 

facilities (e.g., gas stations). VOC 

emissions can be emitted from cargo 

tanks when gasoline is being loaded or 

unloaded from the cargo tank. CARB 

requires the use of a gasoline vapor 

recovery system to significantly reduce 

the amount of VOC emitted during the 

gasoline loading and unloading process. 

Section 41954 of the California Health 

and Safety Code requires that CARB 

‘‘[inspect] and [test] . . . certified vapor 

recovery systems upon installation 

during the permit process and [conduct] 

regular inspections to check that 

systems are operating as certified.’’ 

Section 94014 allows gasoline vapor 

recovery systems for cargo tanks to be 

certified in accordance with 

Certification Procedure CP–204, 

‘‘Certification Procedure for Vapor 

Recovery Systems of Cargo Tanks’’ (CP– 

204). Section 94014 then incorporates 

CP–204 by reference. CP–204 describes 

the process for certifying cargo tanks 

with a system that recovers vapors 

during the loading and unloading of 

gasoline. This certification procedure 

establishes performance standards and/ 

or specifications for cargo tanks, 

including trucks and trailers that 

transport gasoline. 

As described above, on April 5, 2022 

(87 FR 19631), the EPA finalized a 

limited approval and limited 

disapproval of an earlier version of 

Section 94014 into the SIP. The basis for 

the limited disapproval was the 

allowance of CARB’s Executive Officer 

to approve alternate test procedures in 

CP–204 without EPA approval. CP–204, 

Section 5.4, allows the Executive Officer 

to approve the use of an alternative test 

procedure if it meets the equivalency 

criteria established by EPA Method 301. 

However, for situations where Method 

301 was not directly applicable, CP– 

204, Section 5.4 previously allowed the 

CARB Executive Officer to establish 

other test procedures without EPA 

approval. The EPA identified this as an 

instance of unbounded director’s 

discretion. To correct this deficiency, 

CARB revised CP–204 to remove this 

instance of director’s discretion and 

submitted the revised rule to the EPA. 

In addition to correcting the 

unbounded director’s discretion, CARB 

also made other minor editorial 

improvements to CP–204. The EPA’s 

technical support document (TSD) has 

more information. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Rules in the SIP 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 

reasonably available control technology 

(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)). We determined in our April 

5, 2022 final action that Section 94014 

and the referenced certification 

procedures and test procedures 

implement a RACT level of stringency. 

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. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Does the rule meet the evaluation 

criteria? 

This rule meets CAA requirements 

and is consistent with relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. The revised version of CP– 

204 removes the provision allowing 

CARB’s Executive Officer to approve 

alternative test procedures, which the 

EPA identified as a deficiency in our 

April 5, 2022 final action. As a result, 

alternative test procedures for vapor 

recovery systems will be determined 

following an equivalence framework as 

provided by EPA Method 301. The EPA 

determines the removal of this language 

to correct the previously identified 

deficiency. 

The EPA’s TSD has more information 

on our evaluation. 

C. The EPA’s recommendations To 

Further Improve the Rule 

The EPA has no recommendations at 

this time for the next time CARB 

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 December 4, 2023. 

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 

California Air Resources Board, 

California Code of Regulations, Title 17, 

Division 3, Chapter 1, Subchapter 8, 

Article 1, Section 94014—Certification 

of Vapor Recovery Systems—Cargo 

Tanks, excluding sub-sections (a) 

through (d), amended on July 12, 2023, 

which regulates VOCs from vapor 

recovery systems of gasoline cargo 

tanks. The EPA has made, and will 

continue to make, these materials 


khammond on DSKJM1Z7X2PROD with PROPOSALS
75248 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Proposed Rules 

available through https://

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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: October 19, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–23607 Filed 11–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–3 

[FMR Case 2022–01; Docket No. 2022–0015, 

Sequence No. 1] 

RIN 3090–AK59 

Federal Management Regulation; 

Federal Advisory Committee 

Management 

AGENCY: Office of Governmentwide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: GSA proposes to amend the 

Federal Management Regulation (FMR) 

to update the regulations concerning 

Federal Advisory Committee 

Management. This rule proposes 

revisions that will implement legislative 

updates; help ensure that regulations 

concerning Federal Advisory Committee 

Management are user-friendly; clarify 

and update key roles; increase 

transparency, diversity, equity, access, 

accessibility, and inclusion throughout 

advisory committee processes and 

procedures; update the language 

regarding merger; and implement 

process improvements with respect to 

advisory committee charters and agency 

administrative guidelines. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addresses 

shown below on or before January 2, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FMR Case 2022–01 to 

Regulations.gov at https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FMR Case 2022–01’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with FMR Case 2022–01. 

Follow the instructions provided at the 

‘‘Comment Now’’ screen. Please include 

your name, company name (if any), and 

‘‘FMR Case 2022–01’’ on your attached 

document. If your comment cannot be 

submitted using https://

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite FMR Case 2022–01, in all 

correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 


khammond on DSKJM1Z7X2PROD with PROPOSALS