[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Proposed Rules]
[Pages 26030-26031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11757]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0800; FRL-9994-50-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), through a letter 
dated March 15, 2018. The revisions were submitted by the Cabinet on 
behalf of the Louisville Metro Air Pollution Control District 
(District, also referred to herein as Jefferson County) and make minor 
ministerial amendments to applicability dates and standards for both 
existing and new storage vessels for volatile organic compounds (VOC). 
EPA is proposing to approve the changes because they are consistent 
with the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0800 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Evan Adams of the 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) 562-9009. Mr. Adams can also be reached via electronic mail at 
adams.evan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing?

    Through a letter dated March 15, 2018, KDAQ submitted SIP revisions 
to EPA for approval that include changes to Jefferson County 
Regulations 6.13 and 7.12.\1\ EPA is proposing to approve the changes 
to Jefferson County 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. The SIP revisions update the current SIP-approved 
versions of Regulation 6.13 (Version 6) and Regulation 7.12 (Version 6) 
to Version 7 of each. The changes that are being proposed for approval 
in this rulemaking, and EPA's rationale for proposing approval, are 
described in more detail below.
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    \1\ EPA notes that the Agency received these SIP revisions on 
March 23, 2018, along with other revisions to the Jefferson County 
portion of the Kentucky SIP. EPA will be considering action for 
these other SIP revisions in a separate rulemaking.
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II. EPA's Analysis of the State Submittal

    The changes to Jefferson County Air Quality Regulations 6.13 and 
7.12 are administrative in nature and will better align the two 
regulations, reconciling their respective applicability based on the 
date of a facility's construction, modification, or reconstruction. In 
the current SIP-approved versions, the regulations' applicability 
overlaps by approximately four years, with Regulation 6.13 covering 
facilities built or permitted before September 1, 1976, and Regulation 
7.12 covering facilities built or modified on or after April 19, 1972. 
Jefferson County has changed the date for Regulation 6.13, Standards of 
Performance for Existing Storage Vessels for Volatile Organic 
Compounds, so that it applies to VOC storage vessels that commenced 
construction, modification, or reconstruction on or before April 19, 
1972. The applicability date remains the same in Regulation 7.12, 
Standards of Performance for New Storage Vessels for Volatile Organic 
Compounds, but now applies to VOC storage vessels that commenced not 
only construction or

[[Page 26031]]

modification but also reconstruction after April 19, 1972.
    Furthermore, the true vapor pressure standards of 78 millimeters of 
mercury (mm Hg) (1.5 pounds per square inch absolute (psia)), which are 
already outlined in Section 3, Standard for Volatile Organic Compounds 
of both Regulation 6.13 and 7.12, have been added to Section 1, 
Applicability, for both regulations.

III. Why is EPA proposing this action?

    The March 15, 2018, SIP revisions that are the subject of this 
proposed rulemaking address the four-year overlap between the 
applicability dates of standards for existing and new VOC storage 
vessels. The SIP revision changes the date in Regulation 6.13 for 
existing vessels and aligns it with the date in Regulation 7.12 for new 
vessels. By adding the true vapor pressure value of 78 mm Hg (1.5 psia) 
to the Applicability section of Regulation 6.13 and 7.12, the District 
is clarifying that Regulations 6.13 and 7.12 apply to VOC storage tanks 
with respect to which the true vapor pressure of the VOC as stored is 
equal to or greater than 78 mm Hg (1.5 psia). EPA notes the full 
regulations, including monitoring requirements, apply as described 
therein. The regulations will continue to apply to sources with a true 
vapor pressure of 1.5 psia, as established in Section 3, Standard for 
Volatile Organic Compounds, and a capacity of 250 gallons. As the 
District has indicated, the monitoring requirements in Sections 5.1 and 
5.2 will also continue to apply to sources that, in addition to other 
features described in Section 5.1, store a liquid having a true vapor 
pressure greater than 1.0 psia.\2\ EPA views these changes as 
administrative in nature and does not believe that they will result in 
a change in emissions.
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    \2\ See the Supplemental Letter dated April 3, 2019, located in 
the docket.
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IV. 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 changes to the Louisville Metro Air Pollution Control 
District portion of the Kentucky SIP at Regulation 6.13, Standards of 
Performance for Existing Storage Vessels for Volatile Organic 
Compounds, Version 7, and Regulation 7.12, Standards of Performance for 
New Storage Vessels for Volatile Organic Compounds, Version 7, both 
state effective January 17, 2018. 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).

V. Proposed Action

    EPA is proposing to approve the aforementioned changes to the 
Jefferson County portion of the Kentucky SIP because the changes are 
consistent with section 110 of the CAA and will not interfere with the 
NAAQS or any other applicable requirement of the Act. The changes are 
administrative in nature and clarify the regulations' applicability.

VI. 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 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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 
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: May 17, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-11757 Filed 6-4-19; 8:45 am]
BILLING CODE 6560-50-P


