[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Proposed Rules]
[Pages 6589-6591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0102; FRL-10018-62-Region 4]


Air Plan Approval; KY; Gasoline Loading Facilities at Existing 
Bulk Terminals and New Bulk Plants

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) and include 
amendments related to the standards for existing gasoline loading 
facilities at bulk terminals and new gasoline loading facilities at 
bulk plants. The amendments to these standards replace a requirement 
for gasoline tank trucks to possess a valid Kentucky pressure vacuum 
test sticker with a requirement for specific vapor tightness testing 
and recordkeeping procedures, clarify rule applicability, and remove 
language stating that a pressure measuring device will be supplied by 
the District. EPA is proposing to approve the revisions because they 
are consistent with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before February 22, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0102 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

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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

    EPA is proposing to approve changes to Regulation 6.21, Standard of 
Performance for Existing Gasoline Loading Facilities at Bulk Terminals, 
and Regulation 7.20, Standard of Performance for New Gasoline Loading 
Facilities at Bulk Plants, of the Jefferson County portion of the 
Kentucky SIP, submitted by the Commonwealth of Kentucky on September 5, 
2019. The amendments replace the requirement for tank trucks being 
loaded at bulk terminals and plants to possess a valid Kentucky 
pressure vacuum sticker with specific vapor tightness testing and 
recordkeeping requirements and make minor, non-substantive changes as 
discussed in section II. The SIP revisions update the current SIP-
approved versions of Regulation 6.21 (Version 2) and Regulation 7.20 
(Version 2) to Version 3.

II. EPA's Analysis of the Revisions

    The District's September 5, 2019, SIP revision includes changes to 
Regulation 6.21 and Regulation 7.20 related to standards for existing 
gasoline loading facilities at bulk terminals and standards for new 
gasoline loading facilities at bulk plants, respectively, as described 
below. The District notes that it enacted these regulations to control 
volatile organic compound emissions from gasoline loading facilities 
and that Regulations Parts 6 and 7 apply more stringent standards to a 
broader cross-section of sources than the federal New Source 
Performance Standards (NSPS).\1\
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    \1\ 40 CFR part 60, subpart XX is the federal NSPS containing 
standards of performance for bulk gasoline terminals.
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    The District has revised Regulation 6.21 and Regulation 7.20 to 
discontinue the practice of requiring gasoline transport vehicles to 
display a Kentucky pressure vacuum sticker. Specifically, the revisions 
to Regulation 6.20 and Regulation 7.21 delete the text of subsection 
3.6.4 and subsection 3.11.1, respectively, which provide that no owner 
or operator of a bulk gasoline terminal or plant subject to these 
regulations may allow a tank truck or trailer to be loaded with 
gasoline unless the vehicle has ``a valid Kentucky pressure-vacuum test 
sticker as required by Regulation 6.37 attached and visibly 
displayed.'' \2\ This requirement is replaced with specific procedures 
for assuring that tank trucks and their associated vapor collection 
systems have passed the required vapor tightness test on an annual 
basis. New subsection 3.6.4.1 of Regulation 6.21 and subsection 
3.11.1.1 of Regulation 7.20 state that no owner or operator of an 
existing bulk gasoline terminal or a new bulk gasoline plant shall 
allow loading unless the gasoline tank truck and its vapor collection 
system has demonstrated a pressure change within specific parameters. 
The parameters to be met are a pressure change of no more than 75 
millimeter (mm) water (3 inches water) in five minutes when pressurized 
to 450 mm water (18 inches water) and when evacuated to 150 mm water (6 
inches water) using the test procedure described in the regulation.
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    \2\ The District has no record of ever having created 
``Regulation 6.37'' (see email from Byron Gary, Louisville Air 
Pollution Control District, to Sarah LaRocca, EPA Region 4, March 
23, 2020), and the Jefferson County portion of the Kentucky SIP does 
not contain ``Regulation 6.37.'' The District's September 5, 2019, 
revisions rectify this discrepancy by removing the references to the 
non-existent ``Regulation 6.37'' and adding new provisions (at 
subsection 3.6.4 for Regulation 6.21 and subsection 3.11.1 for 
Regulation 7.20) containing detailed, updated procedures that 
explicitly state the vapor tightness and recordkeeping requirements.
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    The SIP revision also adds a new subsection 3.6.4.2 of Regulation 
6.21 and a new subsection 3.11.1.2 of Regulation 7.20 to specify the 
testing procedures that must be used to assure compliance with the new 
vapor tightness requirements described above. As proposed for 
incorporation into the SIP, these subsections require that EPA Method 
27, ``Determination of Vapor Tightness of Gasoline Delivery Tank Using 
Pressure Vacuum Test,'' as specified in 40 CFR 60, Appendix A, on July 
1, 1991, shall be used to determine compliance with subsection 3.6.4.1 
of Regulation 6.21 and subsection 3.11.1.1 of Regulation 7.20.\3\ The 
new subsections also require the owner or operator of a tank truck 
being loaded at an affected facility to have this vapor tightness test 
completed annually and to maintain all testing records (i.e., test 
data, date of testing, identification of tank truck, type of repair, 
retest data and date) for two years after the date of testing, and to 
make such records available upon request by the District. EPA notes 
that the District's revised tank truck vapor tightness standards, 
testing procedures and recordkeeping requirements as proposed for 
incorporation into the SIP are consistent with the Commonwealth of 
Kentucky's requirements at 401 KAR 63:031, Leaks from gasoline tank 
trucks, and also with EPA's requirements applicable to gasoline cargo 
tanks under 40 CFR part 60, subpart XX, Standards of Performance for 
Bulk Gasoline Terminals (see 40 CFR 60.505(b)) and 40 CFR part 63, 
subpart BBBBBB, National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Distribution Bulk Terminals, 
Bulk Plants, and Pipeline Facilities (see 40 CFR 63.11092(f)(1) and 
63.11094(b)).
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    \3\ EPA is not acting on the phrase ``or an alternate procedure 
approved by the District'' in the District's new subsection 3.6.4.2 
of Regulation 6.21 and subsection 3.11.1.2 of Regulation 7.20. The 
District intends to withdraw this phrase from the submitted SIP 
revision.
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    The revisions also include minor changes Regulation 6.21 and 
Regulation 7.20. A non-substantive change to Section 1 of Regulation 
6.21 clarifies that the rule applies to each affected facility that was 
either existing or had a construction permit issued on or before June 
13, 1979.\4\ The non-substantive changes to Regulation 7.20 clarify 
that the rule applies to each affected facility which commenced 
construction, modification, or reconstruction after June 13, 1979; \5\ 
remove language in subsection 3.11.3 such that a pressure measuring 
device is no longer required to be supplied by the District; and 
renumber subsections within Section 3.
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    \4\ The SIP-approved version of the rule states that it applies 
to ``each affected facility which was in being or had a construction 
permit issued by the District before June 13, 1979.'' ``Affected 
facility'' is defined in Section 2.1 of the rule as ``facilities at 
a bulk gasoline terminal for loading gasoline into tank trucks, 
trailers, railroad tank cars, or other mobile, non-marine vessels.''
    \5\ The SIP-approved version of the rule states that it applies 
to ``each new affected facility which is commenced after the June 
13, 1979.'' ``Affected facility'' is defined in Section 2.1 of the 
rule as ``a bulk gasoline plant.''
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    Because these rule revisions will not increase air pollutant 
emissions, EPA proposes to determine that, in accordance with CAA 
section 110(l), that they will not interfere with attainment or 
maintenance of the NAAQS, reasonable further progress toward attainment 
of the NAAQS, or any other applicable requirement of the CAA. EPA has 
preliminarily determined that these changes are consistent with the CAA 
is therefore proposing to

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approve these portions of the SIP revisions.

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 Louisville Metro Air Pollution Control District Regulation 
6.21, Standard of Performance for Existing Gasoline Loading Facilities 
at Bulk Terminals, Version 3, and Regulation 7.20, Standard of 
Performance for New Gasoline Loading Facilities at Bulk Plants, Version 
3, state-effective June 19, 2019, with the exception of the phrase ``or 
an alternate procedure approved by the District'' in Regulation 6.21, 
subsection 3.6.4.2 and Regulation 7.20, subsection 3.11.1.2. The 
changes to these rules replace a requirement for gasoline tank trucks 
to possess valid pressure vacuum test sticker with a requirement for 
specific vapor tightness testing and recordkeeping procedures, clarify 
rule applicability, and remove language stating that a pressure 
measuring device will be supplied by the District. 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 revisions to the Jefferson County 
portion of the Kentucky SIP (Regulation 6.21, Standard of Performance 
for Existing Gasoline Loading Facilities at Bulk Terminals, Version 3, 
and Regulation 7.20, Standard of Performance for New Gasoline Loading 
Facilities at Bulk Plants, Version 3), submitted on September 5, 2019, 
as 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. This 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 1955 (Pub. L. 104-4);
     Does not have Federalism implications as specified in the 
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 CAA; and
     Does 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 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: December 11, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2021-00533 Filed 1-21-21; 8:45 am]
BILLING CODE 6560-50-P