[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Proposed Rules]
[Pages 75246-75248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23607]


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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.

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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 <a href="/cdn-cgi/l/email-protection#294c5f48475a414659594c5b074548424c475048694c5948074e465f"><span class="__cf_email__" data-cfemail="8beefdeae5f8e3e4fbfbeef9a5e7eae0eee5f2eacbeefbeaa5ece4fd">[email protected]</span></a>.

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
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CARB..................  California Code of           Certification of Vapor         \2\ 07/12/23        09/13/23
                         Regulations, Title 17,       Recovery Systems for Cargo
                         Division 3, Chapter 1,       Tanks.
                         Subchapter 8, Article 1,
                         Section 94014, except sub-
                         sections (a)-(d) \1\.
CARB..................  Certification Procedure CP-  Certification Procedure for        07/12/23        09/13/23
                         204.                         Vapor Recovery Systems of
                                                      Cargo Tanks.
----------------------------------------------------------------------------------------------------------------

    Pursuant to CAA section 110(k)(1)(B) and 40 CFR part 51 appendix V, 
the

[[Page 75247]]

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.
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    \1\ Letter 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.
    \2\ The 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.
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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

[[Page 75248]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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


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