[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Rules and Regulations]
[Pages 66232-66234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17578]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0371; FRL-11173-02-R9]


Air Plan Approval; California; Ventura County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Ventura County Air Pollution Control 
District (VCAPCD) portion of the California State Implementation Plan 
(SIP). These revisions concern definitions applicable to local rules 
that control emissions of volatile organic compounds (VOCs) from: the 
transfer and storage of reactive organic compound liquids and petroleum 
material; and processing, production, gathering, and separation of 
crude oil and natural gas. We are approving a local rule to regulate 
these emission sources under the Clean Air Act (CAA or ``the Act'').

DATES: This rule is effective September 16, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0371. All documents in the docket are 
listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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: 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.

[[Page 66233]]

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 December 12, 2023 (88 FR 86093), the EPA proposed to approve the 
following rule into the California SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency                 Rule #               Rule title              Revised        Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.............................              71  Crude Oil and Reactive            5/11/2021      10/15/2021
                                                      Organic Compound Liquids.
----------------------------------------------------------------------------------------------------------------

    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 of it.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one comment. The comment discussed the 
importance of regulating emissions related to the oil and gas industry 
because of the consequences to humans and the environment. We 
acknowledge the comment, noting that VCAPCD Rule 71 is exclusively 
composed of definitions applicable to the VCAPCD rules that regulate 
emissions from (1) the transfer and storage of reactive organic 
compound liquids and petroleum material; and (2) processing, 
production, gathering, and separation of crude oil and natural gas the 
transfer and storage of reactive organic compound liquids and petroleum 
material. VCAPCD's clarifying revisions to Rule 71 will improve the 
enforceability of the control measures in the District's other rules 
that regulate the oil and gas industry and satisfy the relevant CAA 
requirements. Therefore, we are approving the rule into the SIP.

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 approving this rule into the 
California SIP.
    The May 11, 2021 version of Rule 71 will replace the previously 
approved version of this rule 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 VCAPCD 
Rule 71, ``Crude Oil and Reactive Organic Compound Liquids,'' revised 
on May 11, 2021, which consists of definitions applicable to local 
rules that control emissions of volatile organic compounds (VOCs) from 
(1) processing, production, gathering, and separation of crude oil and 
natural gas and (2) the transfer and storage of reactive organic 
compound liquids and petroleum material. The EPA has made, and will 
continue to make, these documents 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).

V. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. 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:
     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);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 CAA.
    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 EJ 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. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent

[[Page 66234]]

with the stated goal of Executive Order 12898 of achieving EJ 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 October 15, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 2, 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. Section 52.220 is amended by adding paragraphs (c)(215)(i)(B)(4) and 
(c)(601)(i)(B) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (215) * * *
    (i) * * *
    (B) * * *
    (4) Previously approved on February 29, 1996, in paragraph 
(c)(215)(i)(B)(2) of this section and now deleted with replacement in 
(c)(601)(i)(B)(1) of this section: Rule 71, adopted on December 13, 
1994.
* * * * *
    (601) * * *
    (i) * * *
    (B) Ventura County Air Pollution Control District.
    (1) Rule 71, ``Crude Oil and Reactive Organic Compound Liquids,'' 
revised on May 11, 2021.
    (2) [Reserved]
* * * * *

[FR Doc. 2024-17578 Filed 8-14-24; 8:45 am]
BILLING CODE 6560-50-P