30232 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0274 to read as 

follows: 

§ 165T08–0274 Safety Zone; Cumberland 

River, Mile Markers 128.0–128.3, Clarksville, 

TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of he 

Cumberland River from mile marker 

128.0 to mile marker 128.3. 

(b) Period of enforcement. This rule 

will be enforced from 10 p.m. until 

10:30 p.m. on July 3, 2021. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. No vessel or 

person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or phone at 1–800–253–7465. 

(2) Persons and vessels permitted to 

enter the safety zone must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

a designated representative. 

(d) Informational Broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and date for this 

safety zone through Broadcast Notices to 

Mariners, Local Notices to Mariners, 

and/or Safety Marine Information 

Broadcasts as appropriate. 

Dated: May 20, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–11884 Filed 6–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0366; FRL–10024– 

78–Region 9] 

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 (SDCAPCD or 

District) portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of volatile 

organic compounds (VOCs) from 

gasoline transfers into underground 

stationary storage tanks at gasoline 

dispensing facilities. 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 July 7, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0366 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. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Newhouse, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3004 or by 

email at 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 submitted 

rule? 

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 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 30233 

1The District supplemented its submittal by 

providing additional proof of public notice, 

submitted by CARB to the EPA on December 28, 

2020. Letter dated December 28, 2020, from Richard 

W. Corey, Executive Officer, CARB, to John W. 

Busterud, Regional Administrator, EPA, Region IX, 

transmitting the proof of public notice in The Daily 

Transcript, and Minute Order No.1 from the 

SDCAPCD Board hearing on October 14, 2020. 

2SDCAPCD, ‘‘2008 Eight-Hour Ozone Reasonably 

Available Control Technology Demonstration for 

San Diego County,’’ December 2016, 2–4. 

3 85 FR 48127, 48131. 

4Letter dated December 28, 2020, from Richard 

W. Corey, Executive Officer, CARB, to John W. 

Busterud, Regional Administrator, EPA, Region IX, 

transmitting the proof of public notice in The Daily 

Transcript, and Minute Order No.1 from the 

SDCAPCD Board hearing on October 14, 2020. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SDCAPCD ..................... 61.3.1 Transfer of Gasoline into Stationary Underground Storage Tanks.March 1, 2006 ............... August 9, 2017.1

On February 9, 2018, the submittal for 

Rule 61.3.1 was deemed by operation of 

law to meet 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 Rule 61.3: Transfer of 

Volatile Organic Compounds Into 

Stationary Storage Tanks (revised 

October 16, 1990) into the SIP on June 

30, 1993 (58 FR 34906). Rule 61.3 

applies to gasoline transfers into 

aboveground and underground 

stationary storage tanks at gasoline 

dispensing facilities (GDFs). SDCAPCD 

adopted a separate rule, Rule 61.3.1, to 

update requirements for gasoline 

transfers to underground storage tanks 

at GDFs on March 1, 2006, and CARB 

submitted the rule to the EPA on August 

9, 2017. 

C. What is the purpose of the submitted 

rule? 

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. SIP-approved Rule 61.3 

regulates emissions from gasoline 

transfers at GDFs. Rule 61.3.1, adopted 

in 2006, further limits VOC emissions 

from gasoline transfers into 

underground storage tanks at GDFs, and 

requires underground storage tanks at 

GDFs to have CARB-certified vapor 

recovery systems meeting a vapor 

control efficiency of 98% and CARBcertified and vapor tight components 

including poppetted dry breaks and 

fittings. Rule 61.3.1 includes 

requirements for weekly and monthly 

inspections, and expanded source 

testing and recordkeeping requirements 

beyond the requirements included in 

Rule 61.3. The District’s reasonably 

available control technology (RACT) 

analysis for the 2008 8-hr ozone 

National Ambient Air Quality Standard 

(2008 RACT SIP) states that, ‘‘[w]hile 

Rule 61.3 applies to both aboveground 

and underground storage tanks, Rule 

61.3.1 applies only to underground 

storage tanks. Consequently, Rule 61.3.1 

supplements, but does not replace Rule 

61.3, as RACT for Stage I vapor recovery 

. . . .’’ 2

On December 3, 2020 (85 FR 77996), 

the EPA partially disapproved 

SDCAPCD’s 2008 RACT SIP for the 

source category covering the ‘‘Design 

Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations’’ 

(EPA–450/R–75–102) Control 

Techniques Guidelines (CTG). We refer 

hereafter to this CTG as the ‘‘Stage I 

Gasoline Transfer CTG.’’ The EPA’s 

August 10, 2020 proposal states that, 

‘‘. . . Rule 61.3.1, which regulates 

sources in this category, was not 

properly noticed, and is thus not 

approvable. The District intends to renotice Rule 61.3.1, which together with 

[Rule] 61.3 would establish current 

RACT for this category.’’ 3

The SDCAPCD submitted a 

supplement to the original submittal of 

Rule 61.3.1, which was transmitted by 

CARB to the EPA on December 28, 2020, 

and included updated public notice 

documentation that cured the public 

notice deficiency from the original 

submittal of Rule 61.3.1.4

The EPA’s TSD has more information 

about this rule. 

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 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 classified as a 

‘‘Serious’’ nonattainment area for the 

2008 8-hour ozone National Ambient 

Air Quality Standard (NAAQS) and a 

‘‘Moderate’’ nonattainment area for the 

2015 8-hour ozone NAAQS (see 40 CFR 

81.305). Therefore, this rule must 

implement RACT. As this rule regulates 

only a subset of the sources covered by 

the CTG, our action evaluates whether 

Rules 61.3 and 61.3.1 together 

implement RACT for the entire Stage I 

Gasoline Transfer CTG source category. 

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. ‘‘Design Criteria for Stage I Vapor 

Control Systems—Gasoline Service 

Stations,’’ EPA–450/R–75–102, 

November 1975. 

B. Does the rule meet the evaluation 

criteria? 

This rule is consistent with CAA 

requirements and relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. Specifically, the rule 

requirements sufficiently ensure that 

affected sources and regulators can 

consistently evaluate and determine 

compliance. Additionally, our analysis 

finds that Rule 61.3.1 and Rule 61.3 

together represent current RACT for the 

Stage I Gasoline Transfer CTG, because 

the rules are more stringent than the 

CTG, and are generally consistent with 

requirements in other air districts for 

gasoline transfers into stationary storage 

tanks at GDFs. Lastly, Rule 61.3.1 will 


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30234 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules 

not interfere with any applicable 

requirements of the CAA. The TSD has 

more information on our evaluation. 

C. The EPA’s Recommendations To 

Further Improve the Rule 

Our TSD for this action recommends 

several amendments to Rule 61.3.1, for 

consideration by the District the next 

time the rule is revised. Specifically, our 

TSD recommends amending the 

definition of ‘‘vapor leak,’’ removing 

language authorizing the use of the most 

current version of a specified ASTM test 

method, and adding a reference to the 

specific section of the California Code of 

Regulations that lists relevant vapor 

recovery system defects. Our TSD has 

more information regarding these 

recommendations. 

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. 

Additionally, because the District 

corrected the procedural deficiency 

preventing Rule 61.3.1’s approval into 

the SIP and we are now proposing such 

approval, and because our analysis 

confirms that Rules 61.3.1 and 61.3 

satisfy RACT requirements for sources 

covered by the Stage I Gasoline Transfer 

CTG, we propose to find that SDCAPCD 

has rectified the deficiency identified in 

our partial disapproval of the District’s 

2008 RACT SIP submittal with respect 

to the Stage I Gasoline Transfer CTG. If 

finalized, this action will stop the 

sanction and federal implementation 

plan clocks for this CTG source 

category. We will accept comments from 

the public on this proposal until July 7, 

2021. 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 SDCAPCD rule described in Table 1 

of this preamble. 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 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); 

• 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 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: June 1, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–11891 Filed 6–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0341; FRL–10024– 

59–Region 9] 

Severe Area Submission Requirements 

for the 2008 Ozone NAAQS; California; 

Eastern Kern Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In the Rules and Regulations 

section of this Federal Register, the 

Environmental Protection Agency (EPA) 

is granting a request by the California 

Air Resources Board (CARB or ‘‘State’’) 

to voluntarily reclassify the Eastern 

Kern nonattainment area (‘‘Eastern 

Kern’’) from ‘‘Serious’’ to ‘‘Severe’’ for 

the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS) under section 181(b)(3) of the 

Clean Air Act (CAA). In this action, the 

EPA is proposing a schedule for the 

State to submit revisions to the state 

implementation plan (SIP) addressing 

Severe area requirements and to submit 

revisions to the title V operating permit 

rules for this area. Under the EPA’s 

proposed schedule, California would be 

required to submit SIP revisions 

addressing Severe area requirements for 

Eastern Kern, including revisions to 

New Source Review (NSR) rules, no 

later than 18 months from the effective 

date of the EPA’s final rule reclassifying 

Eastern Kern to Severe. Submittal of any 

corresponding revisions to the title V 

rules that apply in Eastern Kern would 

be due within six months of the 

effective date of the reclassification. 

Lastly, the EPA is proposing a deadline 

for implementation of new Reasonably 


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