Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 33697 

Marquam Bridge at approximate 

location 45°30′27′′ N; 122°40′11′′ W. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Columbia River 

(COTP) in the enforcement of the safety 

zone. 

Participant means all persons and 

vessels registered with the event 

sponsor as a participant in the parade. 

(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 regulated area must comply with 

all lawful orders or directions given to 

them by the COTP or the 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 10:30 a.m. until 

6:30 p.m. on July 10, 2022. 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: May 24, 2022. 

G.M. Bailey, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Columbia River. 

[FR Doc. 2022–11629 Filed 6–2–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0439; FRL–9870–01– 

R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the San Diego County Air 

Pollution Control District’s (SDCAPCD 

or District) portion of the California 

State Implementation Plan (SIP). This 

revision concerns a volatile organic 

compound (VOC) rule covering transfer 

of organic compounds into mobile 

transport trucks and a negative 

declaration for non-Control Techniques 

Guidelines (CTG) major VOC sources. 

We are proposing to approve the local 

rule to regulate these emission sources 

under the Clean Air Act (CAA or the 

Act) and the negative declaration. We 

are taking comments on this proposal 

and plan to follow with a final action. 

Elsewhere in this Federal Register, we 

are making an interim final 

determination to defer CAA sanctions 

associated with our previous 

disapproval action concerning the CTG 

categories addressed by the rule and 

negative declaration. 

DATES: Comments must be received on 

or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0439 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 

disabilities 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: 

Donnique Sherman, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4129 or by 

email at sherman.donnique@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 documents did the State submit? 

B. Are there other versions of these 

documents? 

C. What is the purpose of the submitted 

documents? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submitted documents? 

B. Do the documents meet the evaluation 

criteria? 

C. The EPA’s Recommendations To Further 

Improve the Submitted Rules 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What documents did the State 

submit? 

Table 1 lists the submissions 

addressed by this proposal with the 

dates they were adopted or amended by 

the local air agency and submitted by 

the California Air Resources Board 

(CARB) to the EPA. 

TABLE 1—SUBMITTALS

Local agency Document title Adopted/ 

amended Submitted 

SDCAPCD ................ Rule 61.2 Transfer of Organic Compounds into Mobile Transport Tanks ....................... 02/10/2021 04/20/2021 

SDCAPCD ................ 2020 Reasonably Available Control Technology (RACT) Demonstration for the National Ambient Air Quality Standards for Ozone in San Diego County, October 

2020—Negative Declaration for Non-CTG Major VOC Sources.

10/14/2020 12/29/2020 


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33698 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

1 86 FR 29522 (June 2, 2021). 

2 57 FR 13498, 13512 (April 16, 1992). 

Under CAA section 110(k)(1), the EPA 

must determine whether a SIP submittal 

meets the minimum completeness 

criteria established in 40 CFR part 51, 

appendix V for an official SIP submittal 

on which the EPA is obligated to take 

action. If the EPA does not make an 

affirmative determination of 

completeness or incompleteness within 

six months of receipt of a SIP submittal, 

the submittal is deemed to be complete 

by operation of law. The submittals 

listed in Table 1 were deemed complete 

by operation of law on October 20, 2021 

(Rule 61.2) and June 29, 2021 

(SDCAPCD’s negative declaration). 

B. Are there other versions of these 

documents? 

We approved a previous version of 

Rule 61.2 (locally amended on July 26, 

2000) into the California SIP on August 

26, 2003 (68 FR 51186). The SDCAPCD 

adopted revisions to the SIP-approved 

version on February 10, 2021, and 

CARB submitted them to us on April 20, 

2021. If we take final action to approve 

the February 10, 2021 version of Rule 

61.2, this version will replace the 

previously approved version of this rule 

in the SIP. 

We approved portions of the RACT 

SIP and negative declarations on 

December 3, 2020 (85 FR 77996), not 

including the negative declaration for 

non-CTG major VOC sources because 

the SDCAPCD had not formally adopted 

it. The SDCAPCD formally adopted the 

negative declaration for non-CTG major 

VOC sources on October 14, 2020, and 

CARB submitted it to us on December 

29, 2020. 

C. What is the purpose of the submitted 

documents? 

Emissions of VOCs contribute to the 

production of ground-level ozone, smog 

and particulate matter, which harm 

human health and the environment. 

Section 110(a) of the CAA requires 

states to submit regulations that control 

VOC emissions. Sections 182(b)(2) and 

(f) require that SIPs for ozone 

nonattainment areas classified as 

Moderate or above implement RACT for 

any source covered by Control 

Techniques Guidelines (CTG). The 

SDCAPCD is subject to this requirement 

as it regulates an ozone nonattainment 

area that, at the time it prepared the 

original submittal for the negative 

declaration and Rule 61.2, was 

designated and classified as a Moderate 

nonattainment area for the 2008 8-hour 

ozone NAAQS. Therefore, the 

SDCAPCD must, at a minimum, adopt 

RACT-level controls for all sources 

covered by a CTG document and for all 

major non-CTG sources of VOCs within 

the ozone nonattainment area that it 

regulates. Any stationary source that 

emits or has the potential to emit at least 

100 tons per year (tpy) of VOCs or NOX

is a major stationary source in a 

Moderate ozone nonattainment area 

(CAA section 182(b)(2), (f) and 302(j)). 

On December 3, 2020 (85 FR 77996), 

the EPA partially disapproved the 

SDCAPCD’s 2008 RACT SIP 

demonstration for the source category 

covering the CTG for ‘‘Control of 

Hydrocarbon from Tank Truck Gasoline 

Loading Terminals’’ (EPA 450/2–77– 

026) (Tank Truck Gasoline Loading 

CTG). The EPA’s technical support 

document (TSD) for the proposal 

(August 10, 2020, 85 FR 48127) states 

that, ‘‘. . . Rule 61.2 sets a limit of 0.29 

lb/1,000 gallons for transfers at bulk 

terminals. We determined that Rule 61.2 

did not meet current RACT for tank 

truck loading at bulk terminals. This 

limit is higher than the emissions limit 

in nearly every nonattainment area in 

California, and in a number of 

nonattainment areas outside California.’’ 

In addition, our partial disapproval of 

SDCAPCD’s 2008 RACT SIP also 

included a disapproval of the District’s 

RACT demonstration for non-CTG major 

sources of VOCs. The District had not 

formally adopted a negative declaration 

for non-CTG major VOC sources. 

On December 29, 2020, CARB 

submitted to the EPA the SDCAPCD’s 

2015 RACT SIP, which includes a 

negative declaration adopted for nonCTG major VOC sources for the 2008 

RACT SIP which corrects the deficiency 

in EPA’s 2020 disapproval action for the 

non-CTG major VOC source category. 

On April 20, 2021, CARB submitted to 

the EPA amended Rule 61.2 that 

included a decrease in emission limit 

for bulk terminals to 0.08 pound per 

1,000 gallons, which corrects the 

deficiency in EPA’s 2020 disapproval 

action for the Tank Truck Gasoline 

Loading CTG category. The EPA’s TSD 

has more information. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the 

submitted documents? 

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 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 SDCAPCD regulates an 

ozone nonattainment area that is 

currently classified as a ‘‘Severe’’ 

nonattainment area for the 2008 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS).1 Therefore, this rule 

must implement RACT. Our action 

evaluates whether Rule 61.2 implements 

RACT for the Tank Truck Gasoline 

Loading CTG source category. 

States must submit for SIP approval 

negative declarations for those source 

categories for which they have not 

adopted CTG-based regulations (because 

they have no sources above the CTGrecommended applicability threshold) 

regardless of whether such negative 

declarations were made for an earlier 

SIP.2 The submittal should provide 

reasonable assurance that no sources 

subject to the CTG requirements 

currently exist in the portion of the 

ozone nonattainment area that is 

regulated by the SDCAPCD. Our action 

evaluates the negative declaration for 

non-CTG major VOC sources. 

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. ‘‘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 Hydrocarbons from Tank 

Truck Gasoline Loading Terminals,’’ EPA– 

450/2–77–026, October 1977. 

5. ‘‘Control of Volatile Organic Emissions 

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

035, December 1977. 

6. ‘‘Control of Volatile Organic Compound 

Leaks from Gasoline Tank Trucks and Vapor 

Collection Systems,’’ EPA–450/2–78–051, 

December 1978. 

B. Do the documents meet the 

evaluation criteria? 

This rule and negative declaration are 

consistent with CAA requirements and 

relevant guidance regarding 

enforceability, RACT, and SIP revisions. 

Specifically, the rule requirements 

sufficiently ensure that affected sources 


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Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 33699 

and regulators can consistently evaluate 

and determine compliance. 

Additionally, our analysis finds that 

Rule 61.2 represents current RACT for 

the Tank Truck Gasoline Loading CTG 

because the rule is as stringent as the 

CTG and is generally consistent with 

requirements in other air districts for 

tank truck gasoline loading at bulk 

terminals. In addition, our analysis of 

the District’s negative declaration 

determined that there are no non-CTG 

VOC sources that exceed the 100 tpy 

VOC threshold for Moderate ozone 

nonattainment areas. The Technical 

Support Document (TSD) has more 

information on our evaluation. 

C. The EPA’s Recommendations To 

Further Improve the Submitted Rule 

The TSD includes a recommendation 

for the next time the local agency 

modifies the Rule 61.2. 

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 61.2 

because it fulfills all relevant 

requirements. In addition, the EPA 

proposes approval of the submitted 

negative declaration for non-CTG major 

VOC sources for 2008 RACT SIP 

Moderate area requirements. We will 

accept comments from the public on 

this proposal until July 5, 2022. If we 

take final action to approve the 

submitted rule and negative declaration, 

our final action will incorporate this 

rule into the federally enforceable SIP 

and stop the sanctions and FIP clocks 

that are associated with our previous 

disapproval. 

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 

SDCAPCD Rule 61.2, ‘‘Transfer of 

Organic Compounds into Mobile 

Transport Tanks’’ as amended on 

February 10, 2021. The EPA has made, 

and will continue to make, these 

materials 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 CAA, 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 CAA. 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); 

• 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 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 CAA; 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: May 31, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–11971 Filed 6–2–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2021–0553; FRL–9736–01– 

R2] 

Approval of Air Quality Implementation 

Plans; New York; Revision to 6 NYCRR 

Part 235 Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the New York State 

Implementation Plan (SIP) for the 

purposes of implementing control of air 

pollution for volatile organic 

compounds (VOC). The proposed SIP 

revision consists of amendments to New 

York’s Codes, Rules, and Regulations 

(NYCRR) that implement control 

measures for Consumer Products. The 

intended effect of this action is to 

approve control strategies which will 

result in VOC emission reductions that 

will help attain and maintain the 

national ambient air quality standards 

(NAAQS) for ozone. These actions are 

being taken in accordance with the 

requirements of the Clean Air Act. 

DATES: Written comments must be 

received on or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R02–OAR–2021–0553, at https://

www.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. 


khammond on DSKJM1Z7X2PROD with PROPOSALS