Rule2022-07106
Air Plan Limited Approval and Limited Disapproval; California; Air Resources Board; Volatile Organic Compounds
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2022
Effective
May 5, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the California Air Resources Board (CARB) portion of the California State Implementation Plan (SIP). These revision concerns emissions of volatile organic compounds (VOCs) from vapor recovery systems of gasoline cargo tanks. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves the rescission of a different statewide rule from the California SIP that previously regulated this emission source.
Full Text
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<title>Federal Register, Volume 87 Issue 65 (Tuesday, April 5, 2022)</title>
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[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Rules and Regulations]
[Pages 19631-19635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07106]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0410; FRL-8791-02-R9]
Air Plan Limited Approval and Limited Disapproval; 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 finalizing a
limited approval and limited disapproval of a revision to the
California Air Resources Board (CARB) portion of the California State
Implementation Plan (SIP). These revision concerns emissions of
volatile organic compounds (VOCs) from vapor recovery systems of
gasoline cargo tanks. Under the authority of the Clean Air Act (CAA or
the Act), this action
[[Page 19632]]
simultaneously approves the rescission of a different statewide rule
from the California SIP that previously regulated this emission source.
DATES: This rule is effective May 5, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0410. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
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: La Kenya Evans, 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#f99c8f98978ad79598929c978098b99c8998d79e968f"><span class="__cf_email__" data-cfemail="4f2a392e213c61232e242a21362e0f2a3f2e61282039">[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 October 21, 2021 (86 FR 58627), the EPA proposed a limited
approval and limited disapproval of the following SIP revisions, that
were submitted on August 22, 2018, for incorporation into the
California SIP.
Table 1--Submitted SIP Revisions
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Regulation title or Date of local
Regulation or provision subject action State requested action
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California Code of Regulations, Certification of Adopted on 07/25/13 Addition to the SIP.
Title 17, Division 3, Chapter Vapor Recovery
1, Subchapter 8, Article 1, Systems for Cargo
Section 94014. Tanks.
Certification Procedure CP-204.. Certification Referenced in Addition to the SIP.
Procedure for Section 94014 and
Vapor Recovery adopted on 11/7/
Systems of Cargo 2014.
Tanks.
Test Procedure TP-204.1......... Determination of Referenced in Addition to the SIP.
Five Minute Static Section 94014 and
Pressure adopted on 11/7/
Performance of 2014.
Vapor Recovery
Systems of Cargo
Tanks.
Test Procedure TP-204.2......... Determination of Referenced in Addition to the SIP.
One Minute Static Section 94014 and
Pressure adopted on 05/27/
Performance of 2014.
Vapor Recovery
Systems of Cargo
Tanks.
Test Procedure TP-204.3......... Determination of Referenced in Addition to the SIP.
Leak(s). Section 94014 and
adopted on 11/7/
2014.
California Code of Regulations, Certification of Repealed on 06/29/ Rescission from the SIP.
Title 17, Division 3, Chapter Vapor Recovery 1995.
1, Subchapter 8, Article 1, Systems--Gasoline
Section 94004. Delivery Tanks.
Method 2-5...................... Certification and Referenced in Rescission from the SIP.
Test Procedures Section 94004 and
for Vapor Recovery effective on 09/1/
Systems of 1982.
Gasoline Delivery
Tanks.
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We proposed a limited approval because we determined that these
revisions improve the SIP and are largely consistent with the relevant
CAA requirements. We simultaneously proposed a limited disapproval
because some rule provisions conflict with section 110 of the Act.
These provisions include the following:
1. Executive Officer discretion in California Code of
Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article
1, Section 94014, CP-204 Section 5.4 and incorporated by reference
in TP-204.1, TP-204.2, and TP-204.3.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During the comment period we received two anonymous comments in support
of EPA's October 21, 2021 proposed rule to limit VOC emissions and
protect the environment. We acknowledge the comments, and we are
approving the regulations that pertain to vapor emissions into the SIP.
EPA received one comment from Silvio Mazzella Jr. providing additional
reference materials. We acknowledge the additional information noted by
the commenter.
We also received one comment from Isabelle Nield, which we respond
to below.
Comment: The commenter's primary concern is that ``[d]ue to the
proposed rule's lack of compliance with the Clean Air Act . . . the
rule should [not] be incorporated into the SIP in its current state.''
They recommend instead that ``the proposed rule should be revised to
address the deficiencies, then approved.'' Aside from this issue, the
commenter notes the value of the proposed SIP revision for air quality
in a range of areas, including reduction in outdoor VOCs and interstate
emissions exchange from gasoline regulation.
EPA's Response: We understand the commenter to assert that the
Executive Officer discretion issue that represents the basis for our
limited disapproval of California Code of Regulations, Title 17,
Section 94014 is significant enough to warrant not approving the entire
rule into the SIP until the issue is corrected. We disagree.
[[Page 19633]]
As we noted in our October 21, 2021 proposed rule, a comparison of
the revised Section 94014 as a whole with the current SIP-approved
version, which was last approved on July 8, 1982, indicates substantial
changes to the rule that improve the clarity, specificity, and
stringency of the current SIP-approved rule. Additionally, the minor
deficiencies the EPA identified in the SIP revision will not result in
any degredation in California's air quality with respect to VOCs. As
noted in the Technical Support Document found in the docket for our
proposed action, at the time of the rule's submittal, CARB had never
approved any of the equivalent test methods to Technical Procedure
(TP)-204.1, TP-204.2 or TP-204.3 that are the subject of the limited
disapproval in the nearly forty years of the rule's enforcement.\1\ As
a result, a limited approval of this rule will strengthen the SIP and
allow the EPA to enforce VOC emissions from cargo tanks with
requirements that are more stringent than the rule that is currently in
the SIP.
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\1\ EPA TSD p. 14, Docket ID: EPA-R09-OAR-2021-0410-0024.
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As discussed in our proposed action, documents submitted for
inclusion into the SIP should not include unbounded director's
discretion that allows the State to approve alternatives to the
applicable SIP without following the SIP revision process described in
CAA section 110. California Code of Regulations, Title 17, Section
94014, CP-204, Section 5.4, allows the Executive Officer to approve an
alternative test procedure in certain situations where EPA Method 301
is not applicable, without approval from the EPA. This authority is
then incorporated by reference in TP-204.1, TP-204.2, and TP-204.3.
Without further specificity, these provisions represent unbounded
director's discretion and constitute a SIP deficiency.
CAA sections 110(k)(3) and 301(a) provide the EPA with the
authority to issue a limited approval and limited disapproval action
that will strengthen the SIP and require the state to correct for the
above SIP deficiency, and the commenter has not provided any
information or supplemental evidence that would indicate this action is
contrary to CAA requirements. Therefore, the EPA will proceed with the
limited approval and limited disapproval of this rule as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval of the submitted rule. This action incorporates the
submitted rule and referenced test procedures into the California SIP,
including those provisions identified as deficient. As authorized under
section 110(k)(3) and 301(a), the EPA is simultaneously finalizing a
limited disapproval of California Code of Regulations, Title 17,
Division 3, Chapter 1, Subchapter 8, Article 1, Section 94014.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months. In addition, the
offset sanction in CAA section 179(b)(2) will be imposed 18 months
after the effective date of this action, and the highway funding
sanction in CAA section 179(b)(1) six months after the offset sanction
is imposed. A sanction will not be imposed if the EPA determines that a
subsequent SIP submission from the State corrects the identified
deficiencies before the applicable deadline.
Note that the submitted rules have been adopted by CARB, and the
EPA's final limited disapproval does not prevent CARB from enforcing
them. The limited disapproval also does not prevent any portion of the
rules from being incorporated by reference into the federally
enforceable SIP as discussed in a July 9, 1992 EPA memo found at:
<a href="https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf</a>.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. The EPA is also finalizing deletion of
rules that were previously incorporated by reference from the
applicable California SIP. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Section
94014 and the associated certification procedure and test procedures as
described in Table 1 of this preamble, and finalizing the removal of
Section 94004 and Method 2-5 also as described in Table 1 from the SIP.
The EPA has made, and will continue to make, these documents available
through <a href="http://www.regulations.gov">www.regulations.gov</a> 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
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law.
[[Page 19634]]
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. Petitions for Judicial Review
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 June 6, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 30, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended 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. Section 52.220a, paragraph (c) is amended
0
a. In Table 1 by:
0
i. Removing the entry for ``94004''; and
0
ii. Adding an entry titled ``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)'' after the entry for
``94003'', and under the added heading, add an entry for ``94014''; and
0
b. In Table 2 by:
0
i. Adding entries for ``Certification Procedure CP-204'', ``Test
Procedure TP-204.1'' ``Test Procedure TP-204.2'', and ``Test Procedure
TP-204.3'', after the entry for ``Method 2-4: Certification and Test
Procedures for Vapor Recovery Systems at Gasoline Terminals''; and
0
ii. Removing the entry for ``Method 2-5: Certification and Test
Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks''.
The additions read as follows:
Sec. 52.220a Identification of plan-in part.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
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State Additional
State citation Title/subject effective date EPA approval date explanation
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* * * * * * *
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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)
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94014.................... Certification of Vapor 4/1/2015 [INSERT Federal Submitted on August
Recovery Systems for Register CITATION], 4/ 22, 2018 as an
Cargo Tanks. 5/2022. attachment to a
letter dated August
16, 2018.
* * * * * * *
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\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).
[[Page 19635]]
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Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
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State
Title/subject effective date EPA approval date Additional explanation
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* * * * * * *
Certification Procedure CP-204 4/1/2015 [INSERT Federal Register Submitted on August 22,
Certification Procedure for Vapor CITATION], 4/5/2022. 2018 as an attachment to
Recovery Systems of Cargo Tanks. a letter dated August 16,
2018.
Test Procedure TP-204.1 Determination of 4/1/2015 [INSERT Federal Register Submitted on August 22,
Five Minute Static Pressure Performance CITATION], 4/5/2022. 2018 as an attachment to
of Vapor Recovery Systems of Cargo a letter dated August 16,
Tanks. 2018.
Test Procedure TP-204.2 Determination of 4/1/2015 [INSERT Federal Register Submitted on August 22,
One Minute Static Pressure Performance CITATION], 4/5/2022. 2018 as an attachment to
of Vapor Recovery Systems of Cargo a letter dated August 16,
Tanks. 2018.
Test Procedure TP-204.3 Determination of 4/1/2015 [INSERT Federal Register Submitted on August 22,
Leak(s). CITATION], 4/5/2022. 2018 as an attachment to
a letter dated August 16,
2018.
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[FR Doc. 2022-07106 Filed 4-4-22; 8:45 am]
BILLING CODE 6560-50-P
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