Rule2024-02659
Air Plan Approval; California; 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
February 9, 2024
Effective
March 11, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action 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 approving a local rule that regulates this emission source under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Rules and Regulations]
[Pages 8999-9001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02659]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0479; FRL-11425-03-R9]
Air Plan Approval; California; 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 taking final
action 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 approving a
local rule that regulates this emission source under the Clean Air Act
(CAA or the Act).
DATES: This rule is effective March 11, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0479. 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 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#a9ccdfc8c7dac1c6d9d9ccdb87c5c8c2ccc7d0c8e9ccd9c887cec6df"><span class="__cf_email__" data-cfemail="6f0a190e011c07001f1f0a1d41030e040a01160e2f0a1f0e41080019">[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 November 2, 2023 (88 FR 75246), the EPA proposed to approve the
following rule into the California SIP.
[[Page 9000]]
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Regulation title or
Local agency Regulation or provision subject Amended Submitted
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CARB........................ California Code of Certification of Vapor ** 07/12/23 09/13/23
Regulations, Title 17, Recovery Systems for
Division 3, Chapter 1, Cargo Tanks.
Subchapter 8, Article 1,
Section 94014, except sub-
sections (a)-(d) *.
CARB........................ Certification Procedure CP- Certification Procedure 07/12/23 09/13/23
204. for Vapor Recovery
Systems of Cargo Tanks.
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* 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, CARB withdrew Section
94014, sub-sections (a)-(d), from consideration for inclusion into the SIP. The EPA is not acting on Section
94014, sub-sections (a)-(d) in this rulemaking.
** 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.
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments that concerned issues
outside the scope of this rulemaking. These comments are available for
review in the docket for this action.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP. The July 12, 2023 versions of CARB's California
Code of Regulations (CCR), Title 17, Division 3, Chapter 1, Subchapter
8, Article 1, Section 94014 and CP-204 Certification Procedure for
Vapor Recovery Systems of Cargo Tanks (incorporated by reference) will
replace the previously approved versions of this regulation in the SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of
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, and Certification
Procedure--CP-204 Certification Procedure for Vapor Recovery Systems of
Cargo Tanks, amended on July 12, 2023 (incorporated by reference), both
of which regulates VOCs from vapor recovery systems of gasoline cargo
tanks. 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
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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 approves 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,
February 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
[[Page 9001]]
EJ analysis and did not consider EJ in this action. 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 Executive Order 12898
of achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, 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).
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 April 9, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: February 5, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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. In Sec. 52.220a, amend paragraph (c) by:
0
a. In Table 1, revising the entry ``94014'' and;
0
b. In Table 2 revising the entry for ``Certification Procedure CP-204
Certification Procedure for Vapor Recovery Systems of Cargo Tanks''.
The revisions 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
State citation Title/subject effective EPA approval date Additional explanation
date
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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 7/12/2023 2/9/2024, [INSERT Submitted on September
Recovery Systems for FEDERAL REGISTER 13, 2023 as an
Cargo Tanks. CITATION]. attachment to a
letter dated
September 21, 2023.
* * * * * * *
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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).
Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
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State
Title/subject effective EPA approval date Additional explanation
date
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* * * * * * *
Certification Procedure CP-204 7/12/2023 2/9/2024, [INSERT FEDERAL Submitted on September 13,
Certification Procedure for Vapor REGISTER CITATION]. 2023 as an attachment to a
Recovery Systems of Cargo Tanks. letter dated September 21,
2023.
* * * * * * *
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[FR Doc. 2024-02659 Filed 2-8-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 9, 2024.
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