Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 8999 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

391–3–20 ....................... Enhanced Inspection and Maintenance 

391–3–20–.01 ................ Definitions ..................... 3/21/2023 2/9/2024, [Insert citation 

of publication].

*******

391–3–20–.03 ................ Covered Vehicles; Exemptions.3/21/2023 2/9/2024, [Insert citation 

of publication].

391–3–20–.04 ................ Emission Inspection 

Procedures.

3/21/2023 2/9/2024, [Insert citation 

of publication].

391–3–20–.05 ................ Emission Standards ...... 3/21/2023 2/9/2024, [Insert citation 

of publication].

*******

391–3–20–.09 ................ Inspection Station Requirements.4/19/2022 2/9/2024, [Insert citation 

of publication].

391–3–20–.10 ................ Certificates of Authorization.4/19/2022 2/9/2024, [Insert citation 

of publication].

391–3–20–.11 ................ Inspector Qualifications 

and Certification.

3/21/2023 2/9/2024, [Insert citation 

of publication].

*******

391–3–20–.13 ................ Certificate of Emission 

Inspection.

4/19/2022 2/9/2024, [Insert citation 

of publication].

391–3–20–.15 ................ Repairs and Retests ..... 4/19/2022 2/9/2024, [Insert citation 

of publication].

*******

391–3–20–.17 ................ Waivers ......................... 4/19/2022 2/9/2024, [Insert citation 

of publication].

*******

391–3–20–.22 ................ Enforcement .................. 4/19/2022 2/9/2024, [Insert citation 

of publication].

* * * * * 

[FR Doc. 2024–02521 Filed 2–8–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 evanshopper.lakenya@epa.gov. 

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. 


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9000 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

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) *.

Certification of Vapor Recovery Systems for Cargo Tanks.** 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 

* 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: 

• 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 approves 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, 

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 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. In § 52.220a, amend paragraph (c) 

by: 

■ a. In Table 1, revising the entry 

‘‘94014’’ and; 

■ 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: 

§ 52.220a Identification of plan–in part. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

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 Recovery Systems for Cargo 

Tanks.

7/12/2023 2/9/2024, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on September 13, 2023 as an attachment to a letter dated September 21, 

2023. 

* * * * * * * 

1Table 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

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

Certification Procedure CP–204 Certification 

Procedure for Vapor Recovery Systems of 

Cargo Tanks.

7/12/2023 2/9/2024, [INSERT FEDERAL 

REGISTER CITATION].

Submitted on September 13, 2023 as an attachment to a 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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