[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Proposed Rules]
[Pages 65774-65782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22568]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2020-0372; FRL-10015-53-OAR]
RIN 2060-AU91


Standards of Performance for Volatile Organic Liquid Storage 
Vessels (Including Petroleum Liquid Storage Vessels) for Which 
Construction, Reconstruction, or Modification Commenced After July 23, 
1984

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing 
amendments to the Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which 
Construction, Reconstruction, or Modification Commenced After July 23, 
1984. We are proposing specific amendments that would allow owners or 
operators of storage vessels subject to the Standards of Performance 
for Volatile Organic Liquid Storage Vessels and equipped with either an 
external floating roof (EFR) or internal floating roof (IFR) to 
voluntarily elect to comply with the requirements specified in the 
National Emission Standards for Storage Vessels (Tanks)--Control Level 
2 as an alternative standard, in lieu of the requirements specified in 
the Standards of Performance for Volatile Organic Liquid Storage 
Vessels, subject to certain caveats and exceptions for monitoring, 
recordkeeping, and reporting.

DATES: 
    Comments. Comments must be received on or before November 30, 2020. 
Under the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before November 16, 2020.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before October 21, 2020, we will hold a virtual public hearing. 
See SUPPLEMENTARY INFORMATION for information on requesting and 
registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0372, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2020-0372 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2020-0372.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2020-0372, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation 
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be

[[Page 65775]]

posted without change to https://www.regulations.gov/, including any 
personal information provided. For detailed instructions on sending 
comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are closed to the public, with limited 
exceptions, to reduce the risk of transmitting COVID-19. Our Docket 
Center staff will continue to provide remote customer service via 
email, phone, and webform. We encourage the public to submit comments 
via https://www.regulations.gov/ or email, as there may be a delay in 
processing mail and faxes. For further information on EPA Docket Center 
services and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Mr. Neil Feinberg, Sector Policies and Programs 
Division (E143-01), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-2214; fax number: (919) 541-0516; 
and email address: feinberg.stephen@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Participation in virtual public hearing. Please note that the EPA 
is deviating from its typical approach because the President has 
declared a national emergency. Due to the current Centers for Disease 
Control and Prevention (CDC) recommendations, as well as state and 
local orders for social distancing to limit the spread of COVID-19, the 
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual hearing will be held on November 2, 2020. 
The hearing will convene at 9:00 a.m. Eastern Time (ET) and will 
conclude at 3:00 p.m. ET. The EPA may close a session 15 minutes after 
the last pre-registered speaker has testified if there are no 
additional speakers. The EPA will announce further details on the 
virtual public hearing website at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage.
    The EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the virtual hearing, please use the online registration form 
available at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage or 
contact Ms. Virginia Hunt at (919) 541-0832 or by email at 
hunt.virginia@epa.gov. The last day to pre-register to speak at the 
hearing will be October 28, 2020. Prior to the hearing, the EPA will 
post a general agenda that will list pre-registered speakers in 
approximate order at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearing to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to Neil Feinberg 
and Virginia Hunt. The EPA also recommends submitting the text of your 
oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage. While the EPA expects the hearing to go forward as set forth 
above, if requested, please monitor our website or contact Virginia 
Hunt at (919) 541-0832 or hunt.virginia@epa.gov to determine if there 
are any updates. The EPA does not intend to publish a document in the 
Federal Register announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please pre-register for the 
hearing with Virginia Hunt and describe your needs by October 23, 2020. 
The EPA may not be able to arrange accommodations without advance 
notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2020-0372. All documents in the docket are 
listed in Regulations.gov. Although listed, 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. Publicly 
available docket materials are available electronically in 
Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2020-0372. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit electronically any information that you consider 
to be CBI or other information whose disclosure is restricted by 
statue. This type of information should be submitted by mail as 
discussed below.
    The EPA may publish any comment received to its public docket. 
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, 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.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the

[[Page 65776]]

EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading 
Room for public visitors, with limited exceptions, to reduce the risk 
of transmitting COVID-19. Our Docket Center staff will continue to 
provide remote customer service via email, phone, and webform. We 
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and 
faxes. Hand deliveries or couriers will be received by scheduled 
appointment only. For further information and updates on EPA Docket 
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2020-0372. Note that 
written comments containing CBI and submitted by mail may be delayed 
and no hand deliveries will be accepted.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

AMP alternative monitoring plan
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EFR external floating roof
EPA Environmental Protection Agency
ET Eastern Time
ICR information collection request
IFR internal floating roof
kPa kilopascals
m3 cubic meters
NAICS North American Industry Classification System
NESHAP national emission standards for hazardous air pollutants
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compound(s)

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
III. Discussion of the Proposed Amendments
    A. What actions are we proposing?
    B. What compliance dates are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
V. Request for Comments
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this proposed rule 
include those listed in Table 1 of this preamble.

     Table 1--Examples of Potentially Affected Entities by Category
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                                                         Examples of
             Category               NAICS code \1\       potentially
                                                     regulated  entities
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Industrial........................             325  Chemical
                                                     manufacturing
                                                     facilities.
                                               324  Petroleum and coal
                                                     products
                                                     manufacturing
                                                     facilities.
                                            422710  Petroleum bulk
                                                     stations and
                                                     terminals.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive but rather provides a 
guide for readers regarding entities likely to be affected by the 
proposed amendments. To determine whether your facility could be 
affected by the proposed amendments, you should carefully examine the 
applicability criteria in 40 CFR 60.110b and 60.112b(a)(1) and (2). If 
you have any questions regarding the applicability of the proposed 
amendments to a particular entity, contact the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal and key technical documents at this 
same website.
    A redline version of the regulatory language that incorporates the 
proposed changes in this action is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2020-0372).

[[Page 65777]]

II. Background

    Pursuant to the EPA's authority under Clean Air Act (CAA) section 
111, the Agency proposed (49 FR 29698, July 23, 1984) and promulgated 
(52 FR 11420, April 8, 1987) new source performance standards (NSPS) at 
40 CFR part 60, subpart Kb, for volatile organic liquid storage 
vessels, including petroleum liquid storage vessels, for which 
construction, reconstruction, or modification commenced after July 23, 
1984. To reduce volatile organic compound (VOC) emissions from storage 
vessels with a capacity of 75 cubic meters (m\3\) or more that store 
organic liquids with a true vapor pressure over 27.6 kilopascals (kPa), 
and from storage vessels with a capacity of 151 m\3\ or more that store 
organic liquids with a true vapor pressure over 5.2 kPa, NSPS subpart 
Kb requires the use of either an EFR, an IFR, or a closed vent system 
and a control device. See 40 CFR 60.110b(a) and 60.112b(a) and (b).\1\ 
NSPS subpart Kb also specifies testing, monitoring, recordkeeping, 
reporting, and other requirements in 40 CFR 60.113b through 60.116b to 
ensure compliance with the standards. More specifically, Sec.  60.113b 
requires, among other things, that certain inspections for IFR and EFR 
occur at least once within certain defined timeframes (such as at least 
once every year, 5 years, or 10 years). Storage vessels with an EFR 
consist of an open-top cylindrical steel shell equipped with a deck 
that floats on the surface of the stored liquid (commonly referred to 
as a floating roof). Storage vessels with an IFR are fixed roof vessels 
\2\ that also have a deck internal to the tank that floats on the 
liquid surface within the fixed roof vessel (commonly referred to as an 
internal floating roof).
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    \1\ All affected storage vessels storing organic liquids with a 
true vapor pressure of 76.6 kPa or more must use a closed vent 
system and a control device. 40 CFR 60.112b(b).
    \2\ A fixed roof storage vessel consists of a cylindrical steel 
shell with a permanently affixed roof, which may vary in design from 
cone or dome-shaped to flat.
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    The standards in NSPS subpart Kb for storage vessels with an EFR or 
IFR are a combination of a design, equipment, work practice, and 
operational standards set pursuant to CAA section 111(h). These 
standards require, among other things, that a rim seal be installed 
continuously around the circumference of the vessel (between the inner 
wall of the vessel and the floating roof) to prevent VOC from escaping 
to the atmosphere through gaps between the floating roof and the inner 
wall of the storage vessel. Similarly, NSPS subpart Kb requires deck 
fittings \3\ on the floating roof to be equipped with a gasketed cover 
or lid that is kept in the closed position at all times (i.e., no 
visible gap), except when the device (the deck fitting) is in actual 
use, to prevent VOC emissions from escaping through the deck fittings. 
In general, NSPS subpart Kb requires owners or operators to conduct 
visual inspections to check for defects in the floating roof, rim 
seals, and deck fittings (e.g., holes, tears, or other openings in the 
rim seal, or covers and lids on deck fittings that no longer close 
properly) that could expose the liquid surface to the atmosphere and 
potentially result in VOC emission losses through rim seals and deck 
fittings.\4\
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    \3\ Numerous fittings pass through or are attached to floating 
roof decks to accommodate structural support components or to allow 
for operational functions. Typical deck fittings include, but are 
not limited to, the following: Access hatches, gauge floats, gauge-
hatch/sample ports, rim vents, deck drains, deck legs, vacuum 
breakers, and guidepoles. IFR tanks may also have deck seams, fixed-
roof support columns, ladders, and/or stub drains.
    \4\ For details about storage vessel emissions, refer to the 
Compilation of Air Pollutant Emission Factors, Volume 1: Stationary 
Point and Area Sources, AP-42, Fifth Edition, Chapter 7: Liquid 
Storage Tanks, dated June 2020 which is available at: https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors.
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    Pursuant to 40 CFR 60.113b(a)(4), and as one of the several 
inspection requirements included in Sec.  60.113b, an owner or operator 
of a storage vessel subject to NSPS subpart Kb and equipped with an IFR 
must visually inspect the IFR, primary seal, secondary seal (if one is 
in service), gaskets, slotted membranes, and sleeve seals (if any) from 
inside the storage vessel (internal) each time the storage vessel is 
emptied and degassed (removed from service or out-of-service), and in 
no event can inspections be conducted at intervals greater than 10 
years.\5\ There are no provisions in NSPS subpart Kb that allow the 40 
CFR 60.113b(a)(4) inspections for IFRs to be conducted while liquids 
and vapors remain in the storage vessel (i.e., in-service). Therefore, 
owners or operators that have not emptied and degassed their fixed roof 
storage vessel equipped with an IFR within a 10-year period for 
whatever reason (such as to perform cleaning, maintenance, inspections, 
and/or testing not required by NSPS subpart Kb) are required to do so 
for the sole purpose of complying with the inspection requirements in 
the rule at 40 CFR 60.113b(a)(4).\6\
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    \5\ Degassing means the process of removing stored material 
vapors from the storage vessel.
    \6\ ``At least once every 10 years, the owner or operator is 
required to empty the storage vessel and to inspect the internal 
floating roof, the primary seal, and the secondary seal, if one 
exists.'' 52 FR 11415, 11421 (April 8, 1987) (final rule for NSPS 
subpart Kb).
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    A similarly worded requirement (to visually inspect the floating 
roof, rim seals, and deck fittings when the tank is emptied and 
degassed) is required pursuant to 40 CFR 60.113b(b)(6) for storage 
vessels equipped with an EFR. However, this inspection for EFRs is not 
mandated to occur at least once every 10 years as is required for 
storage vessels equipped with an IFR. This inspection for EFRs is only 
required each time the tank is emptied and degassed. Further, other 
inspections required for EFRs by 40 CFR 60.113b(b) are conducted while 
the tank is in-service. As such, there is no provision in NSPS subpart 
Kb that would require a storage vessel equipped with an EFR to empty 
and degas for the sole purpose of conducting an inspection.
    Since promulgation of NSPS subpart Kb, the EPA promulgated 40 CFR 
part 63, subpart WW, which is applicable to storage vessels containing 
organic materials, as part of the generic maximum achievable control 
technology standards program for setting national emission standards 
for hazardous air pollutants (NESHAP) under CAA section 112. See 64 FR 
34854 (June 29, 1999). NESHAP subpart WW was developed for the purpose 
of providing consistent EFR and IFR requirements for storage vessels 
that could be referenced by multiple NESHAP subparts. Like the NSPS 
subpart Kb standards for floating roof tanks, NESHAP subpart WW is 
comprised of a combination of design, equipment, work practice, and 
operational standards. See proposed rule for NESHAP subpart WW (63 FR 
55178, 55196 (October 14, 1998)). Both rules specify monitoring, 
recordkeeping, and reporting requirements for storage vessels equipped 
with EFR or IFR, and both include numerous requirements for inspections 
that occur at least once within certain defined timeframes. See 40 CFR 
63.1063 for the IFR and EFR inspection requirements of NESHAP subpart 
WW. The inspections required by NESHAP subpart WW are intended to 
achieve the same goals as those inspections required by NSPS subpart Kb 
(e.g., both rules require visual inspections to check for defects in 
the floating roof, rim seals, and deck fittings). Further, NESHAP 
subpart WW incorporates technical improvements based on the EPA's 
experience with implementation of other NESHAP. For storage vessels 
equipped with either an EFR or IFR, as long as there is visual

[[Page 65778]]

access (as explained below), NESHAP subpart WW allows that the visual 
inspection of the floating roof deck, deck fittings, and rim seals may 
be conducted, while the tank remains in-service, from the top-side of 
the floating roof (meaning on top of the floating roof, and in the case 
of an IFR, under the fixed roof and internal to the tank); this is 
referred to as an in-service top-side of the floating roof visual 
inspection. In other words, in the case of an IFR, if an owner or 
operator has physical access to the inside of the tank above the 
floating roof and a floating roof design which allows inspectors to 
have visual access to all rim seals and deck fittings of the floating 
roof (meaning an inspector can see all the components required to be 
inspected) while the storage vessel is in-service, then NESHAP subpart 
WW does not require the owner or operator to take the storage vessel 
out of service to inspect the floating roof, rim seals, and deck 
fittings in accordance with 40 CFR 63.1063(d)(1).\7\ This contrasts 
with NSPS subpart Kb, which, as explained above, requires that these 
inspections be conducted when the storage vessel is out-of-service 
(compare 40 CFR 63.1063(d)(1) with 40 CFR 60.113b(a)(4) and (b)(6)).
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    \7\ ``The inspection may be performed entirely from the top side 
of the floating roof, as long as there is visual access to all deck 
components specified in paragraph (a) of this section.'' 40 CFR 
63.1063(d)(1).
---------------------------------------------------------------------------

    Based on the EPA's experience, we are aware that at least some 
storage vessels subject to NSPS subpart Kb, and equipped with an IFR, 
can allow physical access to inside the tank above the floating roof 
and have a floating roof design which would allow the owner or operator 
to conduct an in-service top-side of the floating roof visual 
inspection consistent with the visual access requirement in NESHAP 
subpart WW. In recent years, owners or operators of IFR tanks that are 
subject to NSPS subpart Kb have submitted requests for alternative 
monitoring plans (AMPs), in accordance with 40 CFR 60.13(i), asking to 
use internal in-service top-side-of-the-floating-roof visual 
inspections consistent with the inspection requirements in NESHAP 
subpart WW at 40 CFR 63.1063(d)(1), in lieu of having to empty and 
degas the storage vessels. In response to these site-specific 
alternative requests, the EPA has required the owner or operator to 
demonstrate that the storage vessel design allows physical access to 
inside the tank above the floating roof and has a floating roof design 
which allows the owner or operator to have visual access to inspect the 
floating roof, rim seals, and all deck components. For example, see 
Applicability Determination Index letter, control number Z140001 (dated 
August 2, 2013) which is available in the docket for this 
rulemaking.\8\ EPA Regional offices have been evaluating and approving 
similar AMPs, on a case-by-case basis, for years. More recently, EPA 
Regional offices have been inundated with hundreds of these types of 
AMP requests.
---------------------------------------------------------------------------

    \8\ Other AMPs are available at https://cfpub.epa.gov/adi/.
---------------------------------------------------------------------------

III. Discussion of the Proposed Amendments

A. What actions are we proposing?

    For the reasons discussed in this section, and pursuant to the 
EPA's authority under CAA section 111(h), we are proposing amendments 
to NSPS subpart Kb in a new paragraph (see proposed 40 CFR 
60.110b(e)(5)) that would allow owners or operators of storage vessels 
subject to NSPS subpart Kb, and equipped with either an EFR or IFR, the 
choice to elect to comply with the requirements specified in NESHAP 
subpart WW as an alternative standard, in lieu of the requirements 
specified in NSPS subpart Kb. Sources subject to NSPS subpart Kb that 
are equipped with either an EFR or IFR that elect to utilize the 
proposed alternative standard would comply with all of the requirements 
in NESHAP subpart WW instead of the requirements in NSPS subpart Kb 
Sec. Sec.  60.112b through 60.117b, subject to certain caveats and 
exceptions explained below. Among other things, this proposed 
alternative will allow owners or operators of storage vessels subject 
to NSPS subpart Kb that are equipped with an IFR, and that can meet the 
visual access requirement of NESHAP subpart WW explained above, to 
conduct the internal in-service top-side of the floating roof visual 
inspection pursuant to NESHAP subpart WW, thereby avoiding the need to 
empty and degas the vessel for the sole purpose of conducting the 
inspection. While this proposed alternative standard covers more than 
just inspection requirements, and is available to all NSPS subpart Kb 
sources equipped with either an EFR or IFR, we anticipate that the 
benefits associated with avoiding the need to empty and degas the 
vessel for the sole purpose of conducting an inspection would be 
realized by vessels with an IFR that have visual access. We are not 
proposing any changes to the existing standards in either NSPS subpart 
Kb or NESHAP subpart WW aside from allowing this alternative standard 
for certain sources subject to NSPS subpart Kb. Further, we are not 
proposing any changes to the underlying monitoring, reporting, or 
recordkeeping requirements in either NSPS subpart Kb or NESHAP subpart 
WW (with the exception of some conforming and referencing edits to 
recordkeeping and reporting as discussed below), nor are we proposing 
any changes to the applicability criteria in NSPS subpart Kb or NESHAP 
subpart WW. We are proposing to require that owners or operators that 
choose to use this optional alternative continue to use the same NSPS 
subpart Kb procedures for all storage vessels when determining 
applicability of NSPS subpart Kb; thus, owners or operators that choose 
to use this proposed alternative must continue to comply with the 
monitoring requirements of 40 CFR 60.116b(a), (c), (e), and (f)(1), and 
also must keep other records and furnish other reports (as discussed 
below) in addition to all of the requirements specified in 40 CFR 
63.1060 through 40 CFR 63.1067 of NESHAP subpart WW. In addition, 
because NSPS subpart Kb applies to each single storage vessel (see 40 
CFR 60.110b for NSPS subpart Kb applicability and definition of 
affected facility), this proposed alternative standard would be 
available for each affected facility as defined in NSPS subpart Kb. In 
other words, an owner or operator with multiple affected facilities can 
choose to use (or not use) the proposed alternative for each individual 
affected facility.
    We have determined that the proposed alternative standard is 
appropriate because it will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved under NSPS subpart 
Kb, and that the alternative standard is just as stringent as, if not 
more stringent than, the underlying standard. First, we note that 
numerous NESHAP (e.g., 40 CFR part 63, subparts YY, EEEE, and FFFF) 
already reference NESHAP subpart WW because that rule is considered to 
be the EPA's flagship standard for EFR and IFR requirements under the 
NESHAP program. In developing and promulgating NESHAP subpart WW, the 
Agency determined that NESHAP subpart WW is ``largely the same'' and 
``similar to existing storage vessel standards'' such as NSPS subpart 
Kb (see the memorandum, Rationale for Subpart WW Proposed Rule for 
Storage Vessels, which is available in the docket for this rulemaking). 
Many NESHAP contain overlap provisions that allow owners or operators 
to comply with NESHAP subpart WW alone in lieu of also complying with 
NSPS subpart Kb if

[[Page 65779]]

the affected source or facility is subject to both NESHAP subpart WW 
and NSPS subpart Kb.\9\ However, those overlap provisions do not apply 
to storage vessels that are subject only to NSPS subpart Kb without 
also being subject to a NESHAP. This proposed alternative standard 
would afford these NSPS subpart Kb-only tanks the same option.
---------------------------------------------------------------------------

    \9\ For examples, see 40 CFR 63.1100(g)(1)(ii), 63.2396(a)(3) 
and (4), and 63.2535(c).
---------------------------------------------------------------------------

    The storage vessel design, operation, inspection frequency, 
inspection procedure, and repair requirements are largely the same 
between NESHAP subpart WW and NSPS subpart Kb. However, the 
organization and phrasing of the two rules is different. Where they 
differ, the requirements in NESHAP subpart WW are clearer and more 
stringent than the requirements in NSPS subpart Kb. For example, NSPS 
subpart Kb requires that openings in deck fittings for an IFR or EFR be 
equipped with devices such that there is no ``visible gap.'' See 40 CFR 
60.112b(a)(1)(iv) and (a)(2)(ii). However, NSPS subpart Kb does not 
define what it means to have a ``visible gap.'' To avoid any possible 
ambiguity associated with the ``visible gap'' language, a maximum gap 
width of \1/8\ inch is specified in NESHAP subpart WW (i.e., pursuant 
to 40 CFR 63.1063(d)(1)(v) gaps of more than \1/8\ inch between any 
deck fitting gasket, seal,\10\ or wiper and any surface that it is 
intended to seal constitutes an inspection failure).
---------------------------------------------------------------------------

    \10\ EPA does not apply this 1/8-inch maximum gap width criteria 
to rim seals.
---------------------------------------------------------------------------

    Moreover, both NSPS subpart Kb and NESHAP subpart WW have 
equivalent rim seal control requirements (for EFRs, both rules require 
a liquid-mounted or mechanical shoe primary seal, as well as a 
secondary seal; and for IFRs, both rules require a liquid-mounted or 
mechanical shoe primary seal, or two seals if the lower seal is vapor-
mounted). Also, both rules require visual floating roof inspections 
each time the vessel is emptied and degassed in order to check for 
defects in the floating roof, rim seals, and deck fittings (e.g., both 
rules generally require owners or operators to check for holes, tears, 
or other openings in the rim seal, or covers and lids on deck fittings 
that no longer close properly); and both rules require the owner or 
operator to repair these defects (if any are found) prior to refilling 
the storage vessel with liquid. See 40 CFR 63.1063(d)(1) as compared to 
40 CFR 60.113b(a)(4). The IFR and EFR inspection requirements in NESHAP 
subpart WW are just as good as, and in some instances, better than, the 
inspection requirements in NSPS subpart Kb.
    The proposed alternative standard also provides certain benefits 
with respect to certain sources subject to NSPS subpart Kb that are 
equipped with an IFR. As previously discussed, for IFR that have visual 
access, NESHAP subpart WW allows the 10-year inspection to be conducted 
in-service top-side of the floating roof while NSPS subpart Kb requires 
that the 10-year inspections be conducted solely when the storage 
vessel is out of service, which requires the vessel to be emptied and 
degassed. Thus, in some instances, NSPS subpart Kb requires that the 
storage vessel be emptied and degassed only for the purpose of 
conducting the inspection, whereas the NESHAP subpart WW in-service 
inspection option allows a source to perform the requisite inspection 
without having to empty and degas the tank. Conducting the in-service 
top-side-of-the-floating-roof inspection per NESHAP subpart WW affords 
the inspector the same ability to examine all the listed components for 
all of the listed defects/inspection failures as if the storage vessel 
was emptied and degassed, but avoids the cost and emissions associated 
with that empty and degas event.
    Emptying and degassing events are undesirable primarily because 
owners or operators must take the storage vessel completely out of 
service, which includes additional non-routine labor costs, results in 
the need for extra storage capacity, and creates VOC emissions. The 
process of taking a storage vessel out of service, emptying the vessel 
of all liquid inside, and then degassing the vessel requires labor 
hours which results in costs. When storage capacity is strained, there 
may be some additional costs (e.g., potential need to reduce 
production) associated with taking a storage vessel out of service. 
Further, when degassing emissions must be controlled, there are more 
costs associated with renting portable control equipment or outsourcing 
the degassing controls. Historically, degassing vapors have been vented 
to the atmosphere or sent to flares or other control equipment. Thus, 
conducting the in-service top-side-of-the-floating-roof inspection per 
NESHAP subpart WW rather than taking the storage vessel out of service 
reduces both the costs incurred by the owners or operators and the VOC 
emissions that are otherwise released during emptying and degassing 
events. The mass of VOC emissions associated with degassing will vary 
depending on the size of the vapor space, the vapor pressure of the 
stored liquid, the amount of residual liquid in the storage vessel, the 
degree of saturation in the vapor space when degassing begins, and the 
vapor molecular weight. For detailed information about costs and VOC 
emissions associated with emptying and degassing events, see the 
memorandum, Impacts for Revision of Internal Floating Roof Storage 
Vessel (Tank) Inspection Requirements Subject to 40 CFR part 60 subpart 
Kb, which is available in the docket for this rulemaking.
    Both rules require repair if defects are found. See NESHAP subpart 
WW requirements (40 CFR 63.1063(e)(2)), and NSPS subpart Kb repair 
requirements (40 CFR 60.113b(a)(4)).
    This proposed alternative standard does not change the underlying 
compliance schedule(s) for events under NSPS subpart Kb or NESHAP 
subpart WW, which are either based on the same intervals (e.g., in the 
case of annual and 10-year inspections), or are established by NSPS 
subpart Kb and referenced from NESHAP subpart WW (e.g., NESHAP subpart 
WW requires submittal of certain reports on dates as specified in the 
``referencing'' subpart, which, in the case of the alternative, would 
be NSPS subpart Kb). Furthermore, under this proposed alternative the 
applicability criteria of NSPS subpart Kb at 40 CFR 60.110b continue to 
apply as do the General Provisions to 40 CFR part 60 (e.g., 40 CFR 
60.7(a)). A new source subject to NSPS subpart Kb would have the 
choice, at startup, of which standard would apply; either NSPS subpart 
Kb or NESHAP subpart WW. After that, the owner or operator would 
continue to follow the standard they have chosen to comply with until 
they notify the EPA of a change (if they choose to change) consistent 
with the process discussed below.
    We are also proposing that the compliance schedule for events does 
not reset upon switching between standards. By way of example, we use 
the scenario of an owner or operator of a storage vessel with an IFR 
who conducted the ``through manholes and roof hatches'' inspection 
(required at least once every 12 months) in accordance with NSPS 
subpart Kb, 40 CFR 60.113b(a)(2). Subsequent to that inspection, but 
before the next 12-month inspection is due to be conducted in 
accordance with the compliance schedule in 40 CFR 60.113b(a)(2), the 
owner or operator chooses to switch to the alternative standard. 
Considering this example, we are proposing that the first annual 
inspection conducted under NESHAP subpart WW, 40 CFR 
63.1063(c)(1)(i)(A) must occur within 12 months of the

[[Page 65780]]

prior inspection that was conducted under NSPS subpart Kb. The EPA is 
proposing this to ensure that choosing to utilize the alternative 
standard does not negate or extend the timing of a compliance event.
    We are also proposing to require that the owner or operator notify 
the Administrator at least 30 days before the first inspection is 
conducted under the alternative standard of NESHAP subpart WW, no 
matter the type of inspection. After this notification is submitted to 
the Administrator, we are proposing to require that the owner or 
operator continue to comply with the alternative standard until the 
owner or operator submits another notification to the Administrator 
indicating the affected facility is choosing to switch back to use the 
NSPS subpart Kb requirements at 40 CFR 60.112b through 60.117b instead 
of the alternative standard. While under this proposal sources have the 
option to switch back and forth between NSPS subpart Kb and the 
alternative standard of NESHAP subpart WW, this notification process 
would repeat each time a source opts to switch. This notification 
system will allow the EPA to keep track of which sources subject to 
NSPS subpart Kb are choosing to utilize the alternative standard so 
that it is clear which standard applies when determining compliance.
    Moreover, we are proposing to require that copies of all records 
and reports kept pursuant to 40 CFR 60.115b(a) and (b) (i.e., those 
record and reports kept under NSPS subpart Kb before choosing to switch 
to the alternative standard) must be kept for 2 years from the date of 
submittal of the inspection notification described above irrespective 
of the retention schedule in 40 CFR 60.115b. Put another way, if a 
source chooses to switch from NSPS subpart Kb to NESHAP subpart WW, 
then that source must retain the records that it was keeping under NSPS 
subpart Kb, at the time of the switch, for 2 years from the date of the 
switch (based on the 2-year requirement in 40 CFR 60.115b). We believe 
this is important to ensure that records and reports are maintained for 
the full retention period under NSPS subpart Kb when sources choose to 
utilize the alternative standard. Likewise, if a source chooses to 
switch back to NSPS subpart Kb after using the alternative standard, 
then the source would be required to retain records that it was keeping 
under NESHAP subpart WW, at the time of the switch, for 5 years from 
the date of the switch (based on the 5-year requirement in 40 CFR 
63.1065). These additional retention periods are necessary because 
without these records and reports, then a source's compliance status, 
and the underlying applicable compliance dates, for the period before 
the source chose the alternative could be difficult to discern and, 
therefore, enforce. Moreover, we are proposing two exceptions to the 
reporting requirements of 40 CFR 63.1066 for sources that choose to 
utilize the alternative standard. First, we are proposing to require 
that the notification of initial startup required under 40 CFR 
63.1066(a)(1) and (2) be submitted as an attachment to the notification 
required by 40 CFR 60.7(a)(3). Second, because 40 CFR 63.1066 uses the 
phrasing ``in the periodic report specified in the referencing 
subpart'' and NSPS subpart Kb does not have requirements for periodic 
reports, we are proposing that the reference to the periodic reports, 
if an inspection failure occurs as specified in 40 CFR 63.1066(b)(2), 
means that the owner or operator is required to submit inspections 
results within 60 days of the initial gap measurements required by 40 
CFR 63.1063(c)(2)(i) and within 30 days of all other inspections 
required by 40 CFR 63.1063(c)(1) and (2).
    While, as explained above, we believe allowing for this proposed 
alternative standard will be most helpful to a certain subcategory of 
storage vessels subject to NSPS subpart Kb (i.e., storage vessels 
equipped with IFRs that have visual access to all deck components), it 
is both more equitable and efficient to amend NSPS subpart Kb to allow 
use of this alternative for all floating roof tanks subject to NSPS 
subpart Kb (EFR and IFR). The alternative standard, if finalized as 
proposed, should alleviate the need for many pending AMP requests, 
thereby reducing the administrative burden on EPA Regional offices as 
well as AMP requesters. The alternative would also provide flexibility 
for the regulated community, reduce emissions of VOC caused by 
degassing, and reduce the burden (cost of labor hours) on owners or 
operators associated with emptying and degassing.

B. What compliance dates are we proposing?

    In accordance with CAA section 111(b)(1)(B), if finalized, the 
proposed revisions would become effective, and owners or operators may 
begin using the alternative standard, immediately upon publication of 
the final rule in the Federal Register.

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

    We estimate that there are currently 8,753 storage vessels subject 
to NSPS subpart Kb. For details about this estimate and for information 
regarding how many of these storage vessels the EPA predicts may choose 
to utilize the proposed alternative standard, refer to the memorandum, 
Impacts for Revision of Internal Floating Roof Storage Vessel (Tank) 
Inspection Requirements Subject to 40 CFR Part 60 Subpart Kb, which is 
available in the docket for this rulemaking.

B. What are the air quality impacts?

    We estimate that nationwide VOC emissions reductions would range 
from 65.8 tons per year (tpy) to 83.3 tpy as a result of the proposed 
amendments. These emissions reductions are documented in the 
memorandum, Impacts for Revision of Internal Floating Roof Storage 
Vessel (Tank) Inspection Requirements Subject to 40 CFR Part 60 Subpart 
Kb, which is available in the docket for this rulemaking.

C. What are the cost impacts?

    We estimate that the proposed amendments will result in a 
nationwide net cost savings of between $768,000 and $1,091,000 per year 
(in 2019 dollars). For further information on the cost savings 
associated with the proposed amendments, see the memorandum, Impacts 
for Revision of Internal Floating Roof Storage Vessel (Tank) Inspection 
Requirements Subject to 40 CFR Part 60 Subpart Kb, which is available 
in the docket for this rulemaking.

D. What are the economic impacts?

    As noted earlier, we estimated a nationwide cost savings associated 
with the proposed amendments. Therefore, we do not expect the actions 
in this proposed rulemaking to result in business closures, significant 
price increases or decreases in affected output, or substantial profit 
loss. For more information, refer to the Economic Impact Analysis for 
the Proposed Alternative Standard Available to Floating Roof Storage 
Vessels (Tanks) Subject to 40 CFR Part 60 Subpart Kb, which is in the 
docket for this rulemaking.

E. What are the benefits?

    The EPA did not monetize the benefits from the estimated emission 
reductions of VOC associated with this proposed action. However, we 
expect this proposed action would provide

[[Page 65781]]

benefits associated with VOC emission reductions.

V. Request for Comments

    The EPA is soliciting comment on the discrete proposed change to 
NSPS subpart Kb that would allow affected storage vessels equipped with 
either an EFR or IFR to voluntarily elect to comply with the 
requirements specified in NESHAP subpart WW, as an alternative 
standard, in lieu of the requirements of NSPS subpart Kb. We are 
considering only the use of the proposed alternative standard that is 
discussed in this preamble. We are not soliciting comment on, nor do we 
intend to make changes to, any other provisions of NSPS subpart Kb or 
NESHAP subpart WW aside from incorporating this proposed alternative 
standard.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory 
action. Details on the estimated cost savings of this proposed rule can 
be found in the EPA's analysis of the potential costs and benefits 
associated with this action.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to the OMB under the PRA. The Information 
Collection Request (ICR) document that the EPA prepared has been 
assigned EPA ICR number 1854.12. You can find a copy of the ICR in the 
docket for this rule, and it is briefly summarized here.
    See section III.A of this preamble (``What actions are we 
proposing?'') for a description of the proposed alternative standard. 
Information about inspection activities related to NSPS subpart Kb is 
collected to assure compliance with NSPS subpart Kb. Most of the costs 
associated with the proposed alternative standard are associated with 
labor hours. The time needed to conduct an in-service top-side-of-the-
floating-roof visual inspection pursuant to the requirements in NESHAP 
subpart WW is expected to be less than the time needed to complete an 
out-of-service inspection pursuant to NSPS subpart Kb. Therefore, we 
anticipate a cost savings. This ICR documents the incremental burden 
imposed by the proposed amendments only. In summary, there is a 
decrease in the burden (labor hours) documented in this ICR due a 
reduction in the number of respondents (storage vessels subject to NSPS 
subpart Kb) that would be required to empty and degas their storage 
vessels equipped with an IFR.
    Respondents/affected entities: Owners or operators of storage 
vessels constructed after July 23, 1984, that have capacity greater 
than or equal to 75 m\3\ used to store volatile organic liquids 
(including petroleum liquids) with a true vapor pressure greater than 
or equal to 3.5 kPa, and storage vessels constructed after July 23, 
1984, that have capacity between 75 and 151 m\3\ capacity for which the 
true vapor pressure of the stored liquid is greater than or equal to 15 
kPa.
    Respondent's obligation to respond: Mandatory (40 CFR part 60, 
subpart Kb, and 40 CFR part 63, subpart WW).
    Estimated number of respondents: 385 facilities.
    Frequency of response: Variable (storage vessel specific).
    Total estimated burden: A reduction of 6,210 hours (per year). 
Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: A savings of $930,000 (per year), includes a 
savings of $466,000 annualized capital or operation and maintenance 
costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden to the EPA using the docket identified 
at the beginning of this rule. You may also send your ICR-related 
comments to OMB's Office of Information and Regulatory Affairs via 
email to OIRA_submission@omb.eop.gov, Attention: Desk Officer for the 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after receipt, OMB must receive comments no 
later than November 16, 2020. The EPA will respond to any ICR-related 
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. The proposed 
alternative standard is optional; therefore, small entities are not 
required to comply with the proposed alternative.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a

[[Page 65782]]

significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
Although the proposed alternative is optional, the alternative standard 
is at least as stringent as the current applicable requirements.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements, Volatile organic compounds.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA proposes to 
amend 40 CFR part 60 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart Kb--Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) for 
Which Construction, Reconstruction, or Modification Commenced After 
July 23, 1984

0
2. Section 60.110b is amended by adding paragraph (e)(5) to read as 
follows:


Sec.  60.110b  Applicability and designation of affected facility.

* * * * *
    (e) * * *
    (5) Option to comply with part 63, subpart WW, of this chapter. 
Except as specified in paragraphs (e)(5)(i) through (iv) of this 
section, owners or operators may choose to comply with 40 CFR part 63, 
subpart WW, to satisfy the requirements of Sec. Sec.  60.112b through 
60.117b for storage vessels either with a design capacity greater than 
or equal to 151 m\3\ containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 5.2 kPa but less than 76.6 
kPa, or with a design capacity greater than or equal to 75 m\3\ but 
less than 151 m\3\ containing a VOL that, as stored, has a maximum true 
vapor pressure equal to or greater than 27.6 kPa but less than 76.6 
kPa.
    (i) The general provisions in subpart A of this part apply instead 
of the general provisions in subpart A of part 63 of this chapter.
    (ii) Where terms are defined in both this subpart and 40 CFR part 
63, subpart WW, the definitions in this subpart apply.
    (iii) Owners or operators who choose to comply with 40 CFR part 63, 
subpart WW, also must comply with the monitoring requirements of Sec.  
60.116b(a), (c), (e), and (f)(1), except as specified in paragraphs 
(e)(5)(iii)(A) through (C) of this section.
    (A) The reference to all records applies only to the records 
required by Sec.  60.116b(c);
    (B) The reference to Sec.  60.116b(b) does not apply; and
    (C) The reference to Sec.  60.116b(g) does not apply.
    (iv) Owners or operators who choose to comply with 40 CFR part 63, 
subpart WW, must also keep records and furnish reports as specified in 
paragraphs (e)(5)(iv)(A) through (F) of this section.
    (A) For each affected facility, the owner or operator must notify 
the Administrator at least 30 days before the first inspection is 
conducted under 40 CFR part 63, subpart WW. After this notification is 
submitted to the Administrator, the owner or operator must continue to 
comply with the alternative standard described in this paragraph (e)(5) 
until the owner or operator submits another notification to the 
Administrator indicating the affected facility is using the 
requirements of Sec. Sec.  60.112b through 60.117b instead of the 
alternative standard described in this paragraph (e)(5). The compliance 
schedule for events does not reset upon switching between compliance 
with this subpart and 40 CFR part 63, subpart WW.
    (B) Keep a record of each affected facility using the alternative 
standard described in this paragraph (e)(5) when conducting an 
inspection required by Sec.  63.1063(c)(1) of this chapter and submit 
with the report required under Sec.  63.1066 of this chapter.
    (C) Keep a record of each affected facility using the alternative 
standard described in this paragraph (e)(5) when conducting an 
inspection required by Sec.  63.1063(c)(2) of this chapter and submit 
with the report required under Sec.  63.1066 of this chapter.
    (D) Copies of all records and reports kept pursuant to Sec.  
60.115b(a) and (b) that have not met the 2 year record retention 
required by the introductory text of Sec.  60.115b must be kept for an 
additional 2 years after the date of submittal of the inspection 
notification specified in paragraph (e)(5)(iv)(A) of this section, 
indicating the affected facility is using the requirements of 40 CFR 
part 63, subpart WW.
    (E) Copies of all records and reports kept pursuant to Sec.  
63.1065 of this chapter that have not met the 5-year record retention 
required by the introductory text of Sec.  63.1065 must be kept for an 
additional 5 years after the date of submittal of the notification 
specified in paragraph (e)(5)(iv)(A) of this section, indicating the 
affected facility is using the requirements of Sec. Sec.  60.112b 
through 60.117b.
    (F) The following exceptions to the reporting requirements of Sec.  
63.1066 of this chapter apply:
    (1) The notification of initial startup required under Sec.  
63.1066(a)(1) and (2) of this chapter must be submitted as an 
attachment to the notification required by Sec. Sec.  60.7(a)(3) and 
60.115b(a)(1);
    (2) The reference in Sec.  63.1066(b)(2) of this chapter to 
periodic reports ``when inspection failures occur'' means to submit 
inspections results within 60 days of the initial gap measurements 
required by Sec.  63.1063(c)(2)(i) of this chapter and within 30 days 
of all other inspections required by Sec.  63.1063(c)(1) and (2) of 
this chapter.

[FR Doc. 2020-22568 Filed 10-15-20; 8:45 am]
BILLING CODE 6560-50-P


