Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

Federal Register, Volume 83 Issue 6 (Tuesday, January 9, 2018)

Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)

Proposed Rules

Pages 1001-1003

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-00022

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

EPA-R09-OAR-2017-0680; FRL-9972-83--Region 9

Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management 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 Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs) from organic liquid storage and transfer operations. 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: Any comments must arrive by February 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-

OAR-2017-0680 at http://www.regulations.gov, or via email to Rebecca Newhouse, at email protected. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rebecca Newhouse, EPA Region IX, (415) 972-3004, email protected.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA.

Table of Contents

1. The State's Submittal

   1. What rule did the State submit?

   2. Are there other versions of this rule?

   3. What is the purpose of the rule revision?

2. The EPA's Evaluation and Proposed Action

   1. How is the EPA evaluating the rule?

   2. Does the rule meet the evaluation criteria?

   3. EPA Recommendations To Further Improve the Rule

   4. Proposed Action and Request for Public Comment

3. Incorporation by Reference

4. Statutory and Executive Order Reviews

1. The State's Submittal

   1. 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).

      Table 1--Submitted Rule

      ----------------------------------------------------------------------------------------------------------------

      Amended/

      Local agency Rule No. Rule title revised Submitted

      ----------------------------------------------------------------------------------------------------------------

      YSAQMD................................ 2.21 Organic Liquid Storage 09/14/16 01/24/17

      and Transfer.

      ----------------------------------------------------------------------------------------------------------------

      On April 17, 2017, the EPA determined that the submittal for YSAQMD Rule 2.21 met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review.

   2. Are there other versions of this rule?

      We approved an earlier version of Rule 2.21 into the SIP on October 31,

      Page 1002

      2006 (71 FR 63694). The YSAQMD adopted revisions to the SIP-approved rule on March 12, 2014, and CARB submitted the revised rule to us on June 26, 2015. The YSAQMD further revised the rule on September 14, 2016, and CARB submitted the revised rule to us on January 24, 2017. We are acting on only the most recently submitted version of the rule but have reviewed materials provided with previous submittals.

   3. What is the purpose of the rule revision?

      VOCs help produce ground-level ozone, smog and particulate matter (PM), 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 2.21 limits VOC emissions from organic liquid storage tanks and during transfers at bulk terminals, bulk gasoline plants, and gasoline dispensing facilities. Revisions to the SIP-approved version of Rule 2.21 adopted on March 12, 2014, and September 14, 2016, exempt gasoline dispensing facilities from Rule 2.21, remove associated vapor recovery requirements for Stage I gasoline transfers at gasoline dispensing facilities, restrict allowable primary seals for storage tanks to mechanical shoe seals, and make other clarifying changes regarding floating roof seals and deck fitting requirements. The YSAQMD exempted gasoline dispensing facilities and removed associated vapor recovery requirements from Rule 2.21 to eliminate redundancies between Rule 2.21 and SIP-approved YSAQMD Rule 2.22, which contains equivalent requirements for Phase I gasoline transfers at gasoline dispensing facilities. The EPA's technical support document (TSD) has more information about this rule.

2. The EPA's Evaluation and Proposed Action

   1. How is the EPA evaluating the rule?

      Generally, SIP rules 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).

      Additionally, 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)). The YSAQMD regulates an ozone nonattainment area classified as Severe for the 2008 8-hour ozone national ambient air quality standard (40 CFR 81.305). Therefore, the YSAQMD must implement RACT for each category of sources covered by a CTG and each major source of VOCs. Rule 2.21 applies to the following four CTG source categories: (1) External floating roof storage tanks, (2) fixed-

      roof storage tanks, (3) bulk gasoline terminals, and (4) bulk gasoline plants.

      Guidance documents that we use to evaluate submitted rules for compliance with the requirements for enforceability, SIP revisions and rule stringency 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 Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks,'' EPA-450/2-77-036, December 1977.

      5. ``Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks,'' EPA-450/2-78-047, December 1978.

      6. ``Control of Volatile Organic Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035, December 1977.

      7. ``Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals,'' EPA-450/2-77-026, October 1977.

      8. ``Alternative Control Techniques Document: Volatile Organic Liquid Storage in Floating and Fixed Roof Tanks,'' EPA-453/R-94-001, January 1994.

   2. Does the rule meet the evaluation criteria?

      This rule is consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSD has more information on our evaluation.

   3. EPA Recommendations To Further Improve the Rule

      The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rule.

   4. Proposed Action and Request for Public Comment

      As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it satisfies all applicable requirements. We will accept comments from the public on this proposal until February 8, 2018. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP.

3. 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 YSAQMD rule described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through 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).

4. 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);

   is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

   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

   Page 1003

   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: December 21, 2017.

   Alexis Strauss,

   Acting Regional Administrator, Region IX.

   FR Doc. 2018-00022 Filed 1-8-18; 8:45 am

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