[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Rules and Regulations]
[Pages 8999-9001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02659]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0479; FRL-11425-03-R9]


Air Plan Approval; California; California Air Resources Board; 
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approving a 
local rule that regulates this emission source under the Clean Air Act 
(CAA or the Act).

DATES: This rule is effective March 11, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0479. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (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 form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. 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#a9ccdfc8c7dac1c6d9d9ccdb87c5c8c2ccc7d0c8e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="6f0a190e011c07001f1f0a1d41030e040a01160e2f0a1f0e41080019">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On November 2, 2023 (88 FR 75246), the EPA proposed to approve the 
following rule into the California SIP.

[[Page 9000]]



----------------------------------------------------------------------------------------------------------------
                                                              Regulation title or
        Local agency             Regulation or provision            subject              Amended      Submitted
----------------------------------------------------------------------------------------------------------------
CARB........................  California Code of            Certification of Vapor      ** 07/12/23     09/13/23
                               Regulations, Title 17,        Recovery Systems for
                               Division 3, Chapter 1,        Cargo Tanks.
                               Subchapter 8, Article 1,
                               Section 94014, except sub-
                               sections (a)-(d) *.
CARB........................  Certification Procedure CP-   Certification Procedure        07/12/23     09/13/23
                               204.                          for Vapor Recovery
                                                             Systems of Cargo Tanks.
----------------------------------------------------------------------------------------------------------------
* 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, CARB withdrew Section
  94014, sub-sections (a)-(d), from consideration for inclusion into the SIP. The EPA is not acting on Section
  94014, sub-sections (a)-(d) in this rulemaking.
** 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.

    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received two comments that concerned issues 
outside the scope of this rulemaking. These comments are available for 
review in the docket for this action.

III. EPA Action

    No comments were submitted that change our assessment of the rule 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving this rule into 
the California SIP. The July 12, 2023 versions of CARB's California 
Code of Regulations (CCR), Title 17, Division 3, Chapter 1, Subchapter 
8, Article 1, Section 94014 and CP-204 Certification Procedure for 
Vapor Recovery Systems of Cargo Tanks (incorporated by reference) will 
replace the previously approved versions of this regulation in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 
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, and Certification 
Procedure--CP-204 Certification Procedure for Vapor Recovery Systems of 
Cargo Tanks, amended on July 12, 2023 (incorporated by reference), both 
of which regulates VOCs from vapor recovery systems of gasoline cargo 
tanks. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 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 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:
    <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 approves 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, 
February 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

[[Page 9001]]

EJ analysis and did not consider EJ in this action. 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 Executive Order 12898 
of achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 9, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

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: February 5, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations 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 F--California

0
2. In Sec.  52.220a, amend paragraph (c) by:
0
a. In Table 1, revising the entry ``94014'' and;
0
b. In Table 2 revising the entry for ``Certification Procedure CP-204 
Certification Procedure for Vapor Recovery Systems of Cargo Tanks''.
    The revisions read as follows:


 Sec.  52.220a  Identification of plan-in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                        State
      State citation             Title/subject        effective      EPA approval date    Additional explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance
   With Nonvehicular Emissions Standards); Article 1 (Vapor Recovery Systems in Gasoline Marketing Operations)
----------------------------------------------------------------------------------------------------------------
94014.....................  Certification of Vapor     7/12/2023  2/9/2024, [INSERT       Submitted on September
                             Recovery Systems for                  FEDERAL REGISTER        13, 2023 as an
                             Cargo Tanks.                          CITATION].              attachment to a
                                                                                           letter dated
                                                                                           September 21, 2023.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).


               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                              State
              Title/subject                 effective        EPA approval date          Additional explanation
                                               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Certification Procedure CP-204               7/12/2023  2/9/2024, [INSERT FEDERAL    Submitted on September 13,
 Certification Procedure for Vapor                       REGISTER CITATION].          2023 as an attachment to a
 Recovery Systems of Cargo Tanks.                                                     letter dated September 21,
                                                                                      2023.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-02659 Filed 2-8-24; 8:45 am]
BILLING CODE 6560-50-P


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