Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules 1001 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where 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). 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely proposes to approve 

a state rule implementing a Federal 

standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rulemaking also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

rule implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 21, 2017. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 2018–00026 Filed 1–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0680; FRL–9972– 

83—Region 9] 

Approval of California Air Plan 

Revisions, Yolo-Solano Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Yolo-Solano Air Quality 

Management District (YSAQMD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from 

organic liquid storage and transfer 

operations. 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: Any comments must arrive by 

February 8, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0680 at http://www.

regulations.gov, or via email to Rebecca 

Newhouse, at newhouse.rebecca@

epa.gov. For comments submitted at 

Regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

removed or edited 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://www2.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 Proposed 

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. Proposed Action and Request for Public 

Comment 

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 No. Rule title Amended/ 

revised Submitted 

YSAQMD .................................. 2.21 Organic Liquid Storage and Transfer ................................... 09/14/16 01/24/17 

On April 17, 2017, the EPA 

determined that the submittal for 

YSAQMD Rule 2.21 met 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 2.21 into the SIP on October 31, 


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1002 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules 

2006 (71 FR 63694). The YSAQMD 

adopted revisions to the SIP-approved 

rule on March 12, 2014, and CARB 

submitted the revised rule to us on June 

26, 2015. The YSAQMD further revised 

the rule on September 14, 2016, and 

CARB submitted the revised rule to us 

on January 24, 2017. We are acting on 

only the most recently submitted 

version of the rule but have reviewed 

materials provided with previous 

submittals. 

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 2.21 limits VOC 

emissions from organic liquid storage 

tanks and during transfers at bulk 

terminals, bulk gasoline plants, and 

gasoline dispensing facilities. Revisions 

to the SIP-approved version of Rule 2.21 

adopted on March 12, 2014, and 

September 14, 2016, exempt gasoline 

dispensing facilities from Rule 2.21, 

remove associated vapor recovery 

requirements for Stage I gasoline 

transfers at gasoline dispensing 

facilities, restrict allowable primary 

seals for storage tanks to mechanical 

shoe seals, and make other clarifying 

changes regarding floating roof seals and 

deck fitting requirements. The 

YSAQMD exempted gasoline dispensing 

facilities and removed associated vapor 

recovery requirements from Rule 2.21 to 

eliminate redundancies between Rule 

2.21 and SIP-approved YSAQMD Rule 

2.22, which contains equivalent 

requirements for Phase I gasoline 

transfers at gasoline dispensing 

facilities. The EPA’s technical support 

document (TSD) has more information 

about this rule. 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the rule? 

Generally, 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). 

Additionally, 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)). The YSAQMD regulates an 

ozone nonattainment area classified as 

Severe for the 2008 8-hour ozone 

national ambient air quality standard 

(40 CFR 81.305). Therefore, the 

YSAQMD must implement RACT for 

each category of sources covered by a 

CTG and each major source of VOCs. 

Rule 2.21 applies to the following four 

CTG source categories: (1) External 

floating roof storage tanks, (2) fixed-roof 

storage tanks, (3) bulk gasoline 

terminals, and (4) bulk gasoline plants. 

Guidance documents that we use to 

evaluate submitted rules for compliance 

with the requirements for enforceability, 

SIP revisions and rule stringency 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 Storage of Petroleum Liquids in FixedRoof Tanks,’’ EPA–450/2–77–036, December 

1977. 

5. ‘‘Control of Volatile Organic Emissions 

from Petroleum Liquid Storage in External 

Floating Roof Tanks,’’ EPA–450/2–78–047, 

December 1978. 

6. ‘‘Control of Volatile Organic Emissions 

from Bulk Gasoline Plants,’’ EPA–450/2–77– 

035, December 1977. 

7. ‘‘Control of Hydrocarbons from Tank 

Truck Gasoline Loading Terminals,’’ EPA– 

450/2–77–026, October 1977. 

8. ‘‘Alternative Control Techniques 

Document: Volatile Organic Liquid Storage in 

Floating and Fixed Roof Tanks,’’ EPA–453/ 

R–94–001, January 1994. 

B. Does the rule meet the evaluation 

criteria? 

This rule is consistent with CAA 

requirements and relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. 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. Proposed Action and Request for 

Public Comment 

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

the Act, the EPA proposes to fully 

approve the submitted rule because it 

satisfies all applicable requirements. We 

will accept comments from the public 

on this proposal until February 8, 2018. 

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 YSAQMD 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 


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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules 1003 

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: December 21, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–00022 Filed 1–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1092; FRL–9972– 

74—Region 5] 

Air Plan Approval; Michigan Minor New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is reopening the comment 

period for a proposed Clean Air Act rule 

published August 15, 2017. An 

appendix to one of the documents EPA 

proposed to approve was not available 

on Regulations.gov as required; 

therefore, EPA is reopening the 

comment period for 15 days. 

DATES: Comments must be received on 

or before January 24, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1092 at https://

www.regulations.gov, or via email to 

damico.genvieve@epa.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, 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. 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://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

Rineheart.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

On August 15, 2017, EPA proposed to 

approve certain changes to Michigan’s 

minor new source review program 

which is contained in Part 2 of the 

Michigan Administrative Code. EPA 

had previously reopened the comment 

period due to an incomplete docket 

from November 2, 2017 to December 4, 

2017. The file containing the state’s 

September 2, 2003 submittal made 

available on Regulations.gov on 

September 12, 2017, was missing 

Attachment H which contained the 

state’s technical analysis of the rule 

changes. The missing attachment was 

made available on regulations.gov on 

December 6, 2017, and EPA is reopening 

the comment period for an additional 15 

days. The comment period now closes 

on January 24, 2018. 

Dated: December 20, 2017. 

Robert Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2018–00023 Filed 1–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R06–UST–2017–0504; FRL–9968– 

28—Region 6] 

Oklahoma: Final Approval of State 

Underground Storage Tank Program 

Revisions and Incorporation by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State of Oklahoma’s 

Underground Storage Tank (UST) 

program submitted by the State. This 

action is based on EPA’s determination 

that these revisions satisfy all 

requirements needed for program 

approval. This action also proposes to 

codify EPA’s approval of Oklahoma’s 

state program and to incorporate by 

reference those provisions of the State 

regulations that we have determined 

meet the requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: Send written comments by 

February 8, 2018. 

ADDRESSES: Submit any comments, 

identified by EPA–R06–UST–2017– 

0504, by one of the following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: lincoln.audray@epa.gov. 

3. Mail: Audray Lincoln, Region 6, 

Project Officer, LUST Prevention/ 


jstallworth on DSKBBY8HB2PROD with PROPOSALS