[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Proposed Rules]
[Pages 24835-24837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09635]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0176; FRL-10023-40-Region 9]


Approval of California Air Plan Revision, Imperial 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 Imperial County Air

[[Page 24836]]

Pollution Control District (ICAPCD or ``District'') portion of the 
California State Implementation Plan (SIP). The revision concerns 
emissions of volatile organic compounds (VOCs) from gasoline transfer 
at bulk gasoline terminals storage. 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 June 9, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0176 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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 [email protected].

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 revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. 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 revised by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local agency                Rule No.              Rule title               Revised        Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD............................             415  Transfer and Storage of           11/03/2020      02/19/2021
                                                     Gasoline.
----------------------------------------------------------------------------------------------------------------

    On March 9, 2021, the EPA determined that the submittal for ICAPCD 
revised Rule 415 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 415 into the SIP on February 
22, 2005 (70 FR 8520). The ICAPCD adopted revisions to the SIP-approved 
version on November 3, 2020, and CARB submitted them to us on February 
19, 2021. If we take final action to approve the November 3, 2020 
version of Rule 415, this version will replace the previously approved 
version of the rule in the SIP.

C. What is the purpose of the submitted rule revision?

    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. SIP-approved Rule 415 limits 
VOCs from the transfer and storage of gasoline, including stationary 
storage containers, terminals and bulk plants, gasoline delivery 
vessels, and vehicle fuel tanks. The rule was recently revised to lower 
the VOC emissions limit for gasoline transfers at bulk gasoline 
terminals. On March 16, 2020 (85 FR 8181), the EPA conditionally 
approved a portion of the California SIP revision submitted on November 
14, 2017, demonstrating that control measures in the Imperial County 
Air Pollution Control District implemented reasonably available control 
technologies (RACT) for the 2008 8-hour National Ambient Air Quality 
Standards (NAAQS). The conditional approval was based on a commitment 
from the State to submit new or revised rules that would correct 
deficiencies in Rule 415, Transfer and Storage of Gasoline, to 
establish RACT-level controls for sources covered by the Control 
Techniques Guidelines (CTG) source category ``Control of Hydrocarbons 
from Tank Truck Gasoline Loading Terminals'' (EPA-450/2-77-026). 
Revisions to Rule 415 on November 3, 2020, corrected the deficiency. 
The EPA's technical support document (TSD) has more information about 
this rule.

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 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 ICAPCD regulates an ozone nonattainment area classified 
as Moderate for the 2008 8-hr ozone NAAQS (40 CFR 81 305). Therefore, 
this rule must implement RACT.
    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

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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. ``Design Criteria for Stage I Vapor Control Systems--Gasoline 
Service Stations,'' EPA-450/R-75-102, November 1975.
    7. ``Control of Volatile Organic Compound Leaks from Gasoline Tank 
Trucks and Vapor Collection Systems,'' EPA-450/2-78-051, December 1978.

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 and fulfills 
the District's commitment to revise the rules to lower the emissions 
limit for gasoline transfers at bulk terminals in order to meet current 
RACT. The TSD has more information on our evaluation.

C. 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. In addition, we propose to convert the partial 
conditional approval of the District's 2008 RACT SIP, as found in 40 
CFR 52.248 (i), to a full approval. We will accept comments from the 
public on this proposal until June 9, 2021. 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 ICAPCD rule described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through https://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);
     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 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: April 30, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

[FR Doc. 2021-09635 Filed 5-7-21; 8:45 am]
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