83 FR 1001 - Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range		1001-1003
FR Document		2018-00022

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.

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 [www.thefederalregister.org]
[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 newhouse.rebecca@epa.gov. 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, newhouse.rebecca@epa.gov.

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 rule revision?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rule
D. Proposed Action and Request for Public Comment
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 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.

B. 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.

C. 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.

II. The EPA's Evaluation and Proposed Action

A. 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.

B. 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.

C. 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.

D. 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.

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 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).

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:
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]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules 1001

The SIP is not approved to apply on List of Subjects in 40 CFR Part 52 to its public docket. Do not submit
any Indian reservation land or in any Environmental protection, Air electronically any information you
other area where EPA or an Indian tribe pollution control, Incorporation by consider to be Confidential Business
has demonstrated that a tribe has reference, Reporting and recordkeeping Information (CBI) or other information
jurisdiction. In those areas of Indian requirements, Sulfur oxides. whose disclosure is restricted by statute.
country, the rule does not have tribal Multimedia submissions (audio, video,
implications and will not impose Dated: December 21, 2017. etc.) must be accompanied by a written
substantial direct costs on tribal James B. Gulliford, comment. The written comment is
governments or preempt tribal law as Regional Administrator, Region 7. considered the official comment and
specified by Executive Order 13175 (65 [FR Doc. 2018–00026 Filed 1–8–18; 8:45 am] should include discussion of all points
FR 67249, November 9, 2000). BILLING CODE 6560–50–P you wish to make. The EPA will
This action also does not have generally not consider comments or
Federalism implications because it does comment contents located outside of the
not have substantial direct effects on the ENVIRONMENTAL PROTECTION primary submission (i.e. on the web,
States, on the relationship between the AGENCY cloud, or other file sharing system). For
national government and the States, or additional submission methods, please
on the distribution of power and 40 CFR Part 52 contact the person identified in the FOR
responsibilities among the various [EPA–R09–OAR–2017–0680; FRL–9972– FURTHER INFORMATION CONTACT section.
levels of government, as specified in 83—Region 9] For the full EPA public comment policy,
Executive Order 13132 (64 FR 43255, information about CBI or multimedia
August 10, 1999). Thus Executive Order Approval of California Air Plan submissions, and general guidance on
13132 does not apply to this action. Revisions, Yolo-Solano Air Quality making effective comments, please visit
This action merely proposes to approve Management District http://www2.epa.gov/dockets/
a state rule implementing a Federal commenting-epa-dockets.
standard, and does not alter the AGENCY: Environmental Protection
relationship or the distribution of power Agency (EPA). FOR FURTHER INFORMATION CONTACT:
and responsibilities established in the ACTION: Proposed rule. Rebecca Newhouse, EPA Region IX,
CAA. This rulemaking also is not (415) 972–3004, newhouse.rebecca@
SUMMARY: The Environmental Protection epa.gov.
subject to Executive Order 13045, Agency (EPA) is proposing to approve a
‘‘Protection of Children from revision to the Yolo-Solano Air Quality SUPPLEMENTARY INFORMATION:
Environmental Health Risks and Safety Management District (YSAQMD) Throughout this document, ‘‘we,’’ ‘‘us’’
Risks’’ (62 FR 19885, April 23, 1997) portion of the California State and ‘‘our’’ refer to the EPA.
because it proposes to approve a state
Implementation Plan (SIP). This
rule implementing a Federal standard. Table of Contents
revision concerns emissions of volatile
In reviewing SIP submissions, EPA’s
role is to approve state choices, organic compounds (VOCs) from I. The State’s Submittal
organic liquid storage and transfer A. What rule did the State submit?
provided that they meet the criteria of B. Are there other versions of this rule?
the CAA. In this context, in the absence operations. We are proposing to approve
a local rule to regulate these emission C. What is the purpose of the rule revision?
of a prior existing requirement for the II. The EPA’s Evaluation and Proposed
State to use voluntary consensus sources under the Clean Air Act (CAA
Action
standards (VCS), EPA has no authority or the Act). We are taking comments on A. How is the EPA evaluating the rule?
to disapprove a state submission for this proposal and plan to follow with a B. Does the rule meet the evaluation
failure to use VCS. It would thus be final action. criteria?
inconsistent with applicable law for DATES: Any comments must arrive by C. EPA Recommendations To Further
EPA when it reviews a state submission, February 8, 2018. Improve the Rule
ADDRESSES: Submit your comments, D. Proposed Action and Request for Public
to use VCS in place of a state Comment
submission that otherwise satisfies the identified by Docket ID No. EPA–R09– III. Incorporation by Reference
provisions of the CAA. Thus, the OAR–2017–0680 at http://www. IV. Statutory and Executive Order Reviews
requirements of section 12(d) of the regulations.gov, or via email to Rebecca
National Technology Transfer and Newhouse, at newhouse.rebecca@ I. The State’s Submittal
Advancement Act of 1995 (15 U.S.C. epa.gov. For comments submitted at A. What rule did the State submit?
272 note) do not apply. This action does Regulations.gov, follow the online
not impose an information collection instructions for submitting comments. Table 1 lists the rule addressed by this
burden under the provisions of the Once submitted, comments cannot be proposal with the dates that it was
Paperwork Reduction Act of 1995 (44 removed or edited from Regulations.gov. adopted by the local air agency and
U.S.C. 3501 et seq.). Burden is defined For either manner of submission, the submitted by the California Air
at 5 CFR 1320.3(b). EPA may publish any comment received Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Amended/
jstallworth on DSKBBY8HB2PROD with PROPOSALS

Local agency Rule No. Rule title Submitted
revised

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

On April 17, 2017, the EPA completeness criteria in 40 CFR part 51 B. Are there other versions of this rule?
determined that the submittal for Appendix V, which must be met before We approved an earlier version of
YSAQMD Rule 2.21 met the formal EPA review. Rule 2.21 into the SIP on October 31,

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Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Proposed Rules 1003

affect small governments, as described Proposed rule; reopening of the
ACTION: period due to an incomplete docket
in the Unfunded Mandates Reform Act comment period. from November 2, 2017 to December 4,
of 1995 (Pub. L. 104–4); 2017. The file containing the state’s
• does not have Federalism SUMMARY: The Environmental Protection September 2, 2003 submittal made
implications as specified in Executive Agency (EPA) is reopening the comment available on Regulations.gov on
Order 13132 (64 FR 43255, August 10, period for a proposed Clean Air Act rule September 12, 2017, was missing
1999); published August 15, 2017. An Attachment H which contained the
• is not an economically significant appendix to one of the documents EPA state’s technical analysis of the rule
regulatory action based on health or proposed to approve was not available changes. The missing attachment was
safety risks subject to Executive Order on Regulations.gov as required; made available on regulations.gov on
13045 (62 FR 19885, April 23, 1997); therefore, EPA is reopening the December 6, 2017, and EPA is reopening
• is not a significant regulatory action comment period for 15 days. the comment period for an additional 15
subject to Executive Order 13211 (66 FR DATES: Comments must be received on days. The comment period now closes
28355, May 22, 2001); or before January 24, 2018. on January 24, 2018.
• is not subject to requirements of ADDRESSES: Submit your comments, Dated: December 20, 2017.
Section 12(d) of the National identified by Docket ID No. EPA–R05– Robert Kaplan,
Technology Transfer and Advancement OAR–2007–1092 at https:// Acting Regional Administrator, Region 5.
Act of 1995 (15 U.S.C. 272 note) because www.regulations.gov, or via email to
[FR Doc. 2018–00023 Filed 1–8–18; 8:45 am]
application of those requirements would damico.genvieve@epa.gov. For
BILLING CODE 6560–50–P
be inconsistent with the Clean Air Act; comments submitted at Regulations.gov,
and follow the online instructions for
• does not provide the EPA with the submitting comments. Once submitted, ENVIRONMENTAL PROTECTION
discretionary authority to address comments cannot be edited or removed AGENCY
disproportionate human health or from Regulations.gov. For either manner
environmental effects with practical, of submission, EPA may publish any 40 CFR Part 282
appropriate, and legally permissible comment received to its public docket.
[EPA–R06–UST–2017–0504; FRL–9968–
methods under Executive Order 12898 Do not submit electronically any 28—Region 6]
(59 FR 7629, February 16, 1994). information you consider to be
In addition, the SIP is not approved Confidential Business Information (CBI) Oklahoma: Final Approval of State
to apply on any Indian reservation land or other information whose disclosure is Underground Storage Tank Program
or in any other area where the EPA or restricted by statute. Multimedia Revisions and Incorporation by
an Indian tribe has demonstrated that a submissions (audio, video, etc.) must be Reference
tribe has jurisdiction. In those areas of accompanied by a written comment.
Indian country, the rule does not have The written comment is considered the AGENCY: Environmental Protection
official comment and should include Agency (EPA).
tribal implications and will not impose
substantial direct costs on tribal discussion of all points you wish to ACTION: Proposed rule.
governments or preempt tribal law as make. EPA will generally not consider
SUMMARY: Pursuant to the Resource
specified by Executive Order 13175 (65 comments or comment contents located Conservation and Recovery Act (RCRA
FR 67249, November 9, 2000). outside of the primary submission (i.e. or Act), the Environmental Protection
on the web, cloud, or other file sharing Agency (EPA) is proposing to approve
List of Subjects in 40 CFR Part 52 system). For additional submission revisions to the State of Oklahoma’s
Environmental protection, Air methods, please contact the person Underground Storage Tank (UST)
pollution control, Incorporation by identified in the FOR FURTHER program submitted by the State. This
reference, Intergovernmental relations, INFORMATION CONTACT section. For the
action is based on EPA’s determination
Ozone, Reporting and recordkeeping full EPA public comment policy, that these revisions satisfy all
requirements, Volatile organic information about CBI or multimedia requirements needed for program
compounds. submissions, and general guidance on approval. This action also proposes to
Authority: 42 U.S.C. 7401 et seq. making effective comments, please visit codify EPA’s approval of Oklahoma’s
https://www2.epa.gov/dockets/ state program and to incorporate by
Dated: December 21, 2017. commenting-epa-dockets.
Alexis Strauss,
reference those provisions of the State
FOR FURTHER INFORMATION CONTACT: regulations that we have determined
Acting Regional Administrator, Region IX. Rachel Rineheart, Environmental meet the requirements for approval. The
[FR Doc. 2018–00022 Filed 1–8–18; 8:45 am] Engineer, Air Permits Section, Air provisions will be subject to EPA’s
BILLING CODE 6560–50–P Programs Branch (AR–18J), inspection and enforcement authorities
Environmental Protection Agency, under sections 9005 and 9006 of RCRA
Region 5, 77 West Jackson Boulevard, subtitle I and other applicable statutory
ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 886–7017, and regulatory provisions.
AGENCY Rineheart.rachel@epa.gov. DATES: Send written comments by
SUPPLEMENTARY INFORMATION: February 8, 2018.
40 CFR Part 52
Throughout this document whenever
jstallworth on DSKBBY8HB2PROD with PROPOSALS

ADDRESSES: Submit any comments,
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean identified by EPA–R06–UST–2017–
[EPA–R05–OAR–2007–1092; FRL–9972– the EPA.
74—Region 5] 0504, by one of the following methods:
On August 15, 2017, EPA proposed to 1. Federal eRulemaking Portal: http://
Air Plan Approval; Michigan Minor New approve certain changes to Michigan’s www.regulations.gov. Follow the on-line
Source Review minor new source review program instructions for submitting comments.
which is contained in Part 2 of the 2. Email: lincoln.audray@epa.gov.
AGENCY: Environmental Protection Michigan Administrative Code. EPA 3. Mail: Audray Lincoln, Region 6,
Agency (EPA). had previously reopened the comment Project Officer, LUST Prevention/

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Document Created: 2018-01-09 02:18:52
Document Modified: 2018-01-09 02:18:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Any comments must arrive by February 8, 2018.
Contact		Rebecca Newhouse, EPA Region IX, (415) 972-3004, [email protected]
FR Citation		83 FR 1001
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds