[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Proposed Rules]
[Pages 59256-59257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0092; FRL-10014-12-Region 4]


Air Plan Approval; KY; Jefferson County; Existing and New VOC 
Storage Vessels Rule Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Jefferson County portion of the Kentucky State 
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky, 
through the Energy and Environment Cabinet (Cabinet) on September 5, 
2019. The revisions were submitted by the Cabinet on behalf of the 
Louisville Metro Air Pollution Control District (District or APCD) and 
make changes to the regulations for new and existing storage vessels 
for volatile organic compounds (VOCs). EPA is proposing to approve the 
portions of the revisions that regulate new and existing storage 
vessels for VOCs because the changes are consistent with the Clean Air 
Act (CAA or Act).

DATES: Comments must be received on or before October 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0092 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. 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, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. EPA's Proposed Action

    In this rulemaking, EPA is proposing to approve changes to 
Regulation 6.13, Standards of Performance for Existing Storage Vessels 
for Volatile Organic Compounds, and Regulation 7.12, Standards of 
Performance for New Storage Vessels for Volatile Organic Compounds, of 
the Louisville Metro Air Pollution Control District portion of the 
Kentucky SIP, submitted by the Commonwealth on September 5, 2019. These 
modifications update the current SIP-approved version of Regulation 
6.13 (Version 7) and Regulation 7.12 (Version 7) to Version 8 of each.

II. EPA's Analysis of the Revisions

    The Commonwealth of Kentucky previously submitted SIP revisions 
related to this action on March 23, 2018, which included changes to 
APCD Regulations 6.13 and 7.12. Those SIP revisions were approved by 
EPA on October 1, 2019. See 84 FR 51983. In the District's March 23, 
2018, submittals, Section 1 (Applicability) of APCD Regulation 6.13 and 
Regulation 7.12 were revised to include an additional criteria of 
``true vapor pressure of the VOCs as stored equal to or greater than 78 
mm Hg [millimeters of mercury] (1.5 psia [pounds per square inch 
absolute]).'' This change was consistent with the minimum true vapor 
pressure of VOCs subject to the emission control standards provided in 
Section 3 (Standard for Volatile Organic Compounds) of these 
regulations. Section 5 (Monitoring of Operations), however, continued 
to contain monitoring requirements under subsection 5.1 that applied to 
certain vessels ``having a true vapor pressure greater than 7.0 kPa 
[kilopascal] (1.0 psia).'' As noted in EPA's June 5, 2019, proposed 
action, the District explained that the monitoring requirements in 
subsections 5.1 and 5.2 would continue to apply to sources that store a 
liquid having a true vapor pressure greater than 1.0 psia despite the 
addition of the 1.5 psia criteria to Section 1.
    In their September 9, 2019, submittals, the District includes a 
modification that changes the true vapor pressure criteria of 
subsection 5.1 from 1.0 psia to 1.5 psia to better align with the 
general applicability provision of Section 1 of Regulations 6.13 and 
7.12. Subsection 5.1 is a monitoring requirement which applies only to 
storage vessels that (1) have an external floating roof, (2) have a 
capacity of greater than 40,000 gallons, and (3) are not equipped with 
a secondary seal or approved alternative control technology. The 
District notes that because subsection 3.4 of Regulations 6.13 and 7.12 
explicitly requires secondary seals for nearly all storage tanks with 
capacity of greater than 40,000 gallons, there are very few tanks which 
could be subject to subsection 5.1. The only exceptions to the 
subsection 3.4 requirement for installing secondary seals would be, as 
described in subsections 3.4.1 through 3.4.3, for welded tanks storing 
liquids with a true vapor pressure of less than 4.0 psia and for 
certain types of primary seals, which the District states are ``a very 
small portion of the hundreds of facilities to which [Regulations 6.13 
and 7.12] are applicable.'' \1\ In addition, the District states that 
they currently permit no external floating roof tanks without

[[Page 59257]]

secondary seals or approved alternative technologies, so the monitoring 
requirement in subsection 5.1 does not currently apply to any 
facilities under their jurisdiction.\2\ EPA also notes that this change 
does not alter the number of tanks subject to emission controls and 
that subsection 5.1 does not apply to any storage vessels that are 
newly constructed or modified after July 23, 1984, because such vessels 
would be subject to EPA's New Source Performance Standards subpart Kb 
which requires that a secondary seal be installed. See 40 CFR 
60.112b(a)(2). For these reasons, EPA proposes to determine that, in 
accordance with CAA section 110(l), the changes will not interfere with 
attainment or maintenance of a NAAQS, reasonable further progress 
toward attainment of a NAAQS, or any other applicable requirement of 
the CAA.
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    \1\ District SIP submission, September 5, 2019, p. 72.
    \2\ Id.
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    The September 9, 2019, SIP revisions also contain the following 
changes: necessary renumbering of Regulation 6.13, Section 2; revising 
units of pressure measurement from mm Hg to the International System of 
Units standard kPa in Regulations 6.13 and 7.12, Sections 1 and 3; 
correcting 11.1 psia to 11.0 psia as this is equivalent to the pressure 
of 570 mm Hg in Regulations 6.13 and 7.12, Section 3; changing 10.3 kPa 
to 10.4 kPa for consistency within Section 3 of Regulation 7.12, 
Section 3.4.3; clarifying that subsection 3.3 applies only to vessels 
with a storage capacity of less than 40,000 gallons in Regulations 6.13 
and 7.12, Section 3; \3\ changing the word ``section'' to 
``subsection'' in Regulation 6.13, Section 3; and replacing the term 
``VOCs'' with the phrase ``volatile organic compounds'' in Regulation 
7.12, Sections 2 and 3. EPA is proposing to determine that these 
changes will not interfere with attainment or maintenance of a NAAQS, 
reasonable further progress, or any other applicable requirement of the 
CAA because they are minor in nature and do not change the number of 
tanks that are subject to emission controls under these regulations.
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    \3\ Although storage vessels with a capacity greater than 40,000 
gallons and vapor pressure equal to or greater than 1.5 psia but not 
greater than 11.0 psia would no longer be required to install a 
permanent submerged fill pipe, these sources would still be required 
to install a floating roof and a vapor recovery system, or their 
equivalent in accordance with subsection 3.1. The technology 
requirements in subsection 3.1 are more effective control 
technologies than a permanent submerged fill pipe.
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III. Incorporation by Reference

    In this document, 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, EPA is proposing to incorporate by 
reference APCD Regulation 6.13, Standards of Performance for Existing 
Storage Vessels for Volatile Organic Compounds, Version 8, and 
Regulation 7.12, Standards of Performance for New Storage Vessels for 
Volatile Organic Compounds, Version 8, effective June 19, 2019, which 
make minor amendments to units of measurement and the applicability of 
standards for both existing and new storage vessels for volatile 
organic compounds. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 4 office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information).

IV. Proposed Action

    EPA is proposing to approve the changes to Regulation 6.13, 
Standards of Performance for Existing Storage Vessels for Volatile 
Organic Compounds, and Regulation 7.12, Standards of Performance for 
New Storage Vessels for Volatile Organic Compounds, of the Jefferson 
County portion of the Kentucky SIP, submitted by the Commonwealth on 
September 5, 2019. The September 5, 2019, SIP revisions update the 
current SIP-approved version of Regulation 6.13 (Version 7) and 
Regulation 7.12 (Version 7) to Version 8 for each. EPA is proposing to 
approve these changes for the reasons discussed above.

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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. These actions merely 
propose to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, these proposed actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where 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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 26, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-19340 Filed 9-18-20; 8:45 am]
BILLING CODE 6560-50-P