Proposed Rule2022-11971
Air Plan Approval; California; San Diego County Air Pollution Control District
Primary source
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Published
June 3, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Proposed Rules]
[Pages 33697-33699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11971]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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 <a href="/cdn-cgi/l/email-protection#4d3e25283f202c236329222323243c38280d283d2c632a223b"><span class="__cf_email__" data-cfemail="dfacb7baadb2beb1f1bbb0b1b1b6aeaaba9fbaafbef1b8b0a9">[email protected]</span></a>.
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
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Adopted/
Local agency Document title amended Submitted
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SDCAPCD.................................... Rule 61.2 Transfer of Organic 02/10/2021 04/20/2021
Compounds into Mobile Transport
Tanks.
SDCAPCD.................................... 2020 Reasonably Available Control 10/14/2020 12/29/2020
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.
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[[Page 33698]]
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
NO<INF>X</INF> 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 non-CTG
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.
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\1\ 86 FR 29522 (June 2, 2021).
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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 CTG-recommended 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.
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\2\ 57 FR 13498, 13512 (April 16, 1992).
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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
[[Page 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
<a href="https://www.regulations.gov">https://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).
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
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