Air Plan Approval; California; Antelope Valley Air Quality Management District; Optional General SIP Category, 64795-64797 [2018-27362]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules
amozie on DSK3GDR082PROD with PROPOSALS1
the State’s request to limit an approval
of its budgets only if the request
includes the following elements: 141
• An acknowledgement and
explanation as to why the budgets under
consideration have become outdated or
deficient;
• A commitment to update the
budgets as part of a comprehensive SIP
update; and
• A request that the EPA limit the
duration of its approval to the time
when new budgets have been found to
be adequate for transportation
conformity purposes.
Because CARB’s request does not
include all of these elements, we cannot
at this time propose to limit the
duration of our approval of the
submitted budgets. In order to limit the
approval, we would need the
information described above in order to
determine whether such limitation is
reasonable and appropriate in this case.
Once CARB has provided the necessary
information, we intend to review it and
take appropriate action. If we propose to
limit the duration of our approval of the
budgets in the Portola PM2.5 Plan, we
will provide the public an opportunity
to comment. The duration of the
approval of the budgets, however,
would not be limited until we complete
such a rulemaking.
V. Summary of Proposed Actions and
Request for Public Comment
Under CAA sections 110(k)(3), the
EPA is proposing to approve SIP
revisions submitted by California to
address the Act’s Moderate area
planning requirements for the 2012
PM2.5 NAAQS in the Portola
nonattainment area. Specifically, the
EPA is proposing to approve the
following elements of the Portola PM2.5
Plan:
1. The 2013 base year emissions
inventories as meeting the requirements
of CAA section 172(c)(3);
2. The reasonably available control
measure/reasonably available control
technology demonstration as meeting
the requirements of CAA sections
172(c)(1) and 189(a)(1)(C);
3. The attainment demonstration as
meeting the requirements of CAA
sections 172(c)(1) and 189(a)(1)(B);
4. The reasonable further progress
demonstration as meeting the
requirements of CAA section 172(c)(2);
5. The quantitative milestones as
meeting the requirements of CAA
section 189(c); and
6. The motor vehicle emissions
budgets for 2019 and 2021, because they
141 67 FR 69141 (November 15, 2002), limiting
our prior approval of budgets in certain California
SIPs.
VerDate Sep<11>2014
17:26 Dec 17, 2018
Jkt 247001
are derived from approvable attainment
and RFP demonstrations and meet the
requirements of CAA section 176(c) and
40 CFR part 93, subpart A.
The EPA is not proposing any action
at this time on the contingency
measures or the post-attainment year
(2022) budget in the Portola PM2.5 Plan.
We will accept comments from the
public on these proposals for the next
30 days. The deadline and instructions
for submission of comments are
provided in the DATES and ADDRESSES
sections at the beginning of this
preamble.
VI. 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
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);
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
64795
• 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,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–27257 Filed 12–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0787; FRL–9988–18–
Region 9]
Air Plan Approval; California; Antelope
Valley Air Quality Management District;
Optional General SIP Category
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Antelope Valley Air
Quality Management District
(AVAQMD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from
organic liquid loading. We are
proposing to approve revisions to a local
rule to regulate these emission sources
under the Clean Air Act (CAA or the
Act). We are taking comments on this
SUMMARY:
E:\FR\FM\18DEP1.SGM
18DEP1
64796
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules
proposal and plan to follow with a final
action.
DATES: Any comments must arrive by
January 17, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2018–0787 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. 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
https://www.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 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. 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
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule #
AVAQMD ................................
Rule title
462
Amended
Organic Liquid Loading 1 ........................................................
09/19/17
Submitted
11/13/17
1 Subsequent
to the submittal of Rule 462, the District made two minor administrative corrections to the rule text. The EPA is proposing to approve the corrected version of the rule. More information on these corrections can be found in the TSD.
On May 13, 2018, the submittal for
AVAQMD was deemed by operation of
law to meet the completeness criteria in
40 CFR part 51 Appendix V, which
must be met before formal EPA review.
amozie on DSK3GDR082PROD with PROPOSALS1
B. Are there other versions of this rule?
We approved an earlier version of
Rule 462 into the SIP on October 5, 1979
(47 FR 29668). The AVAQMD adopted
revisions to the SIP-approved version on
September 19, 2017, and CARB
submitted them to us on November 13,
2017.
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 462 establishes VOC
emission limits for organic liquid and
gasoline transfers into delivery vessels
at bulk terminals and bulk gasoline
plants. It also describes inspection,
recordkeeping, and work-practice
requirements for organic liquid and
gasoline transfers at these facilities.
Revisions to the SIP-approved version of
Rule 462 adopted on September 19,
2017, include lowering VOC emission
limits for organic liquid and gasoline
transfers at facilities transferring over
VerDate Sep<11>2014
17:26 Dec 17, 2018
Jkt 247001
20,000 gallons of organic liquid per day
from 0.65 lbs VOCs per 1000 gallons
transferred to 0.08 lbs VOCs per 1000
gallons transferred; requiring those
facilities to install and maintain a
continuous emissions monitoring
system; and requiring VOC vapor
control efficiency of 90 percent for
specified facilities existing prior to
January 9, 1976, which load less than
20,000 gallons of gasoline per day.
Revisions also require vapor recovery
systems at specified organic liquid and
gasoline transfer facilities be CARBcertified; strengthen inspection and
record keeping requirements; and make
other clarifying and conforming
changes.
Additionally, on October 10, 2017 (82
FR 46923), the EPA partially
conditionally approved AVAQMD’s
reasonably available control technology
(RACT) demonstrations for the 1997 8hr ozone National Ambient Air Quality
Standards (NAAQS) and the 2008 8-hr
ozone NAAQS (also referred to as the
2006 and 2015 RACT SIPs) with respect
to Rule 462, based on commitments
from AVAQMD to revise and submit
amendments to Rule 462 that remedy
specific deficiencies. These deficiencies
were identified in our December 15,
2016 proposed partial approval and
partial disapproval (81 FR 90754) and
referenced in our July 28, 2017 proposal
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
(82 FR 35149). For Rule 462, the
deficiency was identified as a ‘‘facility
vapor leak’’ definition that was
inconsistent with the test method
specified to conduct vapor leak
measurements. Revisions to Rule 462 on
September 19, 2017, 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?
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).
Generally, SIP rules must require
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 AVAQMD regulates an
ozone nonattainment area classified as
Severe for the 1997 and 2008 8-hour
ozone NAAQS (40 CFR 81.305).
E:\FR\FM\18DEP1.SGM
18DEP1
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Proposed Rules
Therefore, this rule must implement
RACT. In addition, the rule was
evaluated to ensure it met the
commitment made by the AVAQMD
that served as the basis for the partial
conditional approval of the AVAQMD
2006 and 2015 RACT SIPs with respect
to Rule 462 (82 FR 46923).
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
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 Bulk Gasoline Plants,’’
EPA–450/2–77–035, December 1977.
5. ‘‘Control of Hydrocarbons from
Tank Truck Gasoline Loading
Terminals,’’ EPA–450/2–77–026,
October 1977.
B. Does the rule meet the evaluation
criteria?
This rule is consistent with CAA
requirements and relevant guidance
regarding enforceability, RACT, and SIP
revisions, and meets the District’s
commitment to remedy the Rule 462
deficiency identified in the RACT SIP
conditional approval (82 FR 46923). 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.
amozie on DSK3GDR082PROD with PROPOSALS1
D. 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. We
will accept comments from the public
on this proposal until January 17, 2019.
If we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
VerDate Sep<11>2014
17:26 Dec 17, 2018
Jkt 247001
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 AVAQMD 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
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);
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
64797
• 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: November 30, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–27362 Filed 12–17–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0544; FRL–9988–02–
Region 4]
Air Plan Approval; Alabama; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Alabama through the Alabama
Department of Environmental
Management (ADEM) with a letter dated
June 26, 2018. Alabama’s SIP revision
(Progress Report) addresses
requirements of the Clean Air Act (CAA
or Act) and EPA’s rules that require
each state to submit periodic reports
describing progress towards reasonable
SUMMARY:
E:\FR\FM\18DEP1.SGM
18DEP1
]]>Agencies
[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Proposed Rules]
[Pages 64795-64797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27362]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0787; FRL-9988-18-Region 9]
Air Plan Approval; California; Antelope Valley Air Quality
Management District; Optional General SIP Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Antelope Valley Air Quality Management
District (AVAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of volatile organic compounds
(VOCs) from organic liquid loading. We are proposing to approve
revisions to a local rule to regulate these emission sources under the
Clean Air Act (CAA or the Act). We are taking comments on this
[[Page 64796]]
proposal and plan to follow with a final action.
DATES: Any comments must arrive by January 17, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0787 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. 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 https://www.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 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. 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 adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule # Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD............................. 462 Organic Liquid Loading \1\. 09/19/17 11/13/17
----------------------------------------------------------------------------------------------------------------
\1\ Subsequent to the submittal of Rule 462, the District made two minor administrative corrections to the rule
text. The EPA is proposing to approve the corrected version of the rule. More information on these corrections
can be found in the TSD.
On May 13, 2018, the submittal for AVAQMD was deemed by operation
of law to meet 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 462 into the SIP on October
5, 1979 (47 FR 29668). The AVAQMD adopted revisions to the SIP-approved
version on September 19, 2017, and CARB submitted them to us on
November 13, 2017.
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 462 establishes VOC emission limits for
organic liquid and gasoline transfers into delivery vessels at bulk
terminals and bulk gasoline plants. It also describes inspection,
recordkeeping, and work-practice requirements for organic liquid and
gasoline transfers at these facilities. Revisions to the SIP-approved
version of Rule 462 adopted on September 19, 2017, include lowering VOC
emission limits for organic liquid and gasoline transfers at facilities
transferring over 20,000 gallons of organic liquid per day from 0.65
lbs VOCs per 1000 gallons transferred to 0.08 lbs VOCs per 1000 gallons
transferred; requiring those facilities to install and maintain a
continuous emissions monitoring system; and requiring VOC vapor control
efficiency of 90 percent for specified facilities existing prior to
January 9, 1976, which load less than 20,000 gallons of gasoline per
day. Revisions also require vapor recovery systems at specified organic
liquid and gasoline transfer facilities be CARB-certified; strengthen
inspection and record keeping requirements; and make other clarifying
and conforming changes.
Additionally, on October 10, 2017 (82 FR 46923), the EPA partially
conditionally approved AVAQMD's reasonably available control technology
(RACT) demonstrations for the 1997 8-hr ozone National Ambient Air
Quality Standards (NAAQS) and the 2008 8-hr ozone NAAQS (also referred
to as the 2006 and 2015 RACT SIPs) with respect to Rule 462, based on
commitments from AVAQMD to revise and submit amendments to Rule 462
that remedy specific deficiencies. These deficiencies were identified
in our December 15, 2016 proposed partial approval and partial
disapproval (81 FR 90754) and referenced in our July 28, 2017 proposal
(82 FR 35149). For Rule 462, the deficiency was identified as a
``facility vapor leak'' definition that was inconsistent with the test
method specified to conduct vapor leak measurements. Revisions to Rule
462 on September 19, 2017, 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?
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).
Generally, SIP rules must require 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 AVAQMD regulates an
ozone nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone NAAQS (40 CFR 81.305).
[[Page 64797]]
Therefore, this rule must implement RACT. In addition, the rule was
evaluated to ensure it met the commitment made by the AVAQMD that
served as the basis for the partial conditional approval of the AVAQMD
2006 and 2015 RACT SIPs with respect to Rule 462 (82 FR 46923).
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 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 Bulk Gasoline
Plants,'' EPA-450/2-77-035, December 1977.
5. ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals,'' EPA-450/2-77-026, October 1977.
B. Does the rule meet the evaluation criteria?
This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions, and meets the
District's commitment to remedy the Rule 462 deficiency identified in
the RACT SIP conditional approval (82 FR 46923). 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. 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. We will accept comments from the public on this proposal
until January 17, 2019. 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 AVAQMD 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 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: November 30, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-27362 Filed 12-17-18; 8:45 am]
BILLING CODE 6560-50-P
