Proposed Rule2023-23607
Air Plan Approval; California; California Air Resources Board; Volatile Organic Compounds
Primary source
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Published
November 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a revision to the California Air Resources Board (CARB) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from vapor recovery systems of gasoline cargo tanks. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
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[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Proposed Rules]
[Pages 75246-75248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23607]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0479; FRL-11425-01-R9]
Air Plan Approval; California; California Air Resources Board;
Volatile Organic Compounds
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 California Air Resources Board (CARB) portion
of the California State Implementation Plan (SIP). This revision
concerns emissions of volatile organic compounds (VOCs) from vapor
recovery systems of gasoline cargo tanks. 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 December 4, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0479 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 a disability
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-Hopper, 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#294c5f48475a414659594c5b074548424c475048694c5948074e465f"><span class="__cf_email__" data-cfemail="8beefdeae5f8e3e4fbfbeef9a5e7eae0eee5f2eacbeefbeaa5ece4fd">[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 rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revisions?
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 amended by the local air agency and submitted by the
California Air Resources Board.
Table 1--Submitted Rule
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Local agency Regulation or provision Regulation title or subject Amended Submitted
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CARB.................. California Code of Certification of Vapor \2\ 07/12/23 09/13/23
Regulations, Title 17, Recovery Systems for Cargo
Division 3, Chapter 1, Tanks.
Subchapter 8, Article 1,
Section 94014, except sub-
sections (a)-(d) \1\.
CARB.................. Certification Procedure CP- Certification Procedure for 07/12/23 09/13/23
204. Vapor Recovery Systems of
Cargo Tanks.
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Pursuant to CAA section 110(k)(1)(B) and 40 CFR part 51 appendix V,
the
[[Page 75247]]
EPA determined that the submittal for CARB's California Code of
Regulations (CCR), Title 17, Division 3, Chapter 1, Subchapter 8,
Article 1, Section 94014 (Section 94014) met the completeness criteria
on September 25, 2023.
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\1\ Letter dated September 21, 2023, from Michael Benjamin,
Chief, Air Quality Planning and Science Division, to Martha Guzman,
Regional Administrator, EPA Region IX. The letter states that
Section 94014, sub-sections (a)-(d), that describe fee provisions,
were inadvertently submitted to the EPA. Therefore, the CARB will
withdraw Section 94014, sub-sections (a)-(d), from consideration for
inclusion into the SIP. The EPA will not act on Section 94014, sub-
sections (a)-(d) in this rulemaking.
\2\ The California Air Resources Board amended the introductory
paragraph of 17 California Code of Regulations Section 94014 on July
12, 2023, and the changed was filed with Thomson Reuters Westlaw on
August 29, 2023. Therefore, the amendment for Section 94014 will be
recorded as July 12, 2023.
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B. Are there other versions of this rule?
On April 5, 2022 (87 FR 19631), we finalized a limited approval and
limited disapproval of the July 25, 2013, version of Section 94014 into
the SIP, including those regulatory provisions we identified as
deficient. As part of our limited disapproval of Section 94014, CARB
was required to submit revisions to correct the deficiencies. CARB
subsequently adopted revisions to Section 94014 on July 12, 2023, and
submitted them to the EPA on September 13, 2023. In this action we are
proposing to approve the July 12, 2023, version of Section 94014 and,
if finalized, it would replace the previously approved version of this
rule in the SIP.
C. What is the purpose of the submitted rule revisions?
Emissions of VOCs contribute to the production of ground-level
ozone, smog, which harms human health and the environment. Section
110(a) of the CAA requires states to submit regulations that control
VOC emissions. The regulations covered by this action are intended to
limit VOC emissions from cargo tank trucks used to transport gasoline
from bulk terminals to gasoline dispensing facilities (e.g., gas
stations). VOC emissions can be emitted from cargo tanks when gasoline
is being loaded or unloaded from the cargo tank. CARB requires the use
of a gasoline vapor recovery system to significantly reduce the amount
of VOC emitted during the gasoline loading and unloading process.
Section 41954 of the California Health and Safety Code requires
that CARB ``[inspect] and [test] . . . certified vapor recovery systems
upon installation during the permit process and [conduct] regular
inspections to check that systems are operating as certified.'' Section
94014 allows gasoline vapor recovery systems for cargo tanks to be
certified in accordance with Certification Procedure CP-204,
``Certification Procedure for Vapor Recovery Systems of Cargo Tanks''
(CP-204). Section 94014 then incorporates CP-204 by reference. CP-204
describes the process for certifying cargo tanks with a system that
recovers vapors during the loading and unloading of gasoline. This
certification procedure establishes performance standards and/or
specifications for cargo tanks, including trucks and trailers that
transport gasoline.
As described above, on April 5, 2022 (87 FR 19631), the EPA
finalized a limited approval and limited disapproval of an earlier
version of Section 94014 into the SIP. The basis for the limited
disapproval was the allowance of CARB's Executive Officer to approve
alternate test procedures in CP-204 without EPA approval. CP-204,
Section 5.4, allows the Executive Officer to approve the use of an
alternative test procedure if it meets the equivalency criteria
established by EPA Method 301. However, for situations where Method 301
was not directly applicable, CP-204, Section 5.4 previously allowed the
CARB Executive Officer to establish other test procedures without EPA
approval. The EPA identified this as an instance of unbounded
director's discretion. To correct this deficiency, CARB revised CP-204
to remove this instance of director's discretion and submitted the
revised rule to the EPA.
In addition to correcting the unbounded director's discretion, CARB
also made other minor editorial improvements to CP-204. The EPA's
technical support document (TSD) has more information.
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 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)). We determined in our April 5, 2022 final
action that Section 94014 and the referenced certification procedures
and test procedures implement a RACT level of stringency.
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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Does the rule meet the evaluation criteria?
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability, RACT, and SIP revisions. The revised
version of CP-204 removes the provision allowing CARB's Executive
Officer to approve alternative test procedures, which the EPA
identified as a deficiency in our April 5, 2022 final action. As a
result, alternative test procedures for vapor recovery systems will be
determined following an equivalence framework as provided by EPA Method
301. The EPA determines the removal of this language to correct the
previously identified deficiency.
The EPA's TSD has more information on our evaluation.
C. The EPA's recommendations To Further Improve the Rule
The EPA has no recommendations at this time for the next time CARB
modifies the rule.
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. We will accept comments from the public on this proposal
until December 4, 2023. 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 California Air Resources Board, California Code of
Regulations, Title 17, Division 3, Chapter 1, Subchapter 8, Article 1,
Section 94014--Certification of Vapor Recovery Systems--Cargo Tanks,
excluding sub-sections (a) through (d), amended on July 12, 2023, which
regulates VOCs from vapor recovery systems of gasoline cargo tanks. The
EPA has made, and will continue to make, these materials
[[Page 75248]]
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 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:
<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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-23607 Filed 11-1-23; 8:45 am]
BILLING CODE 6560-50-P
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