[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13655-13658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0092; FRL-10021-19-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 existing and new storage vessels 
for volatile organic compounds (VOCs). EPA is approving the revisions 
that regulate existing and new storage vessels for VOCs because the 
changes are consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective April 9, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0092. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 form. Publicly available docket materials can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
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. 
EPA requests that if at all possible, you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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 
larocca.sarah@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving 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

    In its September 5, 2019, submittals, the District includes a 
modification that changes the true vapor pressure criteria

[[Page 13656]]

in subsection 5.1 of Regulations 6.13 and 7.12 from 1.0 pounds per 
square inch absolute (psia) to 1.5 psia to better align with the 
general applicability provision in Section 1 of those regulations. 
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. EPA notes 
that this change to the monitoring requirement does not alter the 
number of tanks subject to emission controls. EPA also notes 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 (NSPS) subpart Kb, 
which requires that a secondary seal be installed on all vessels with a 
design capacity greater than or equal to 40,000 gallons and that store 
volatile organic liquids with a maximum true vapor pressure equal to or 
greater than 0.75 psia. See 40 CFR 60.112b(a)(2). Furthermore, the 
District states that the monitoring requirement in subsection 5.1 does 
not currently apply to any facilities under their jurisdiction.\1\ For 
these reasons, EPA has determined, in accordance with CAA section 
110(l), these changes will not interfere with attainment or maintenance 
of any national ambient air quality standards (NAAQS), reasonable 
further progress toward attainment of a NAAQS, or any other applicable 
requirement of the CAA.
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    \1\ Kentucky SIP submittal, September 5, 2019, Louisville Metro 
Air Pollution Control District Regulatory Impact Assessment, p. 2.
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    The September 5, 2019, SIP revisions also contain the following 
changes: Necessary renumbering of Regulation 6.13, Section 2; revising 
units of pressure measurement from millimeters of mercury (mm Hg) to 
the International System of Units standard kilopascal (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; \2\ 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 has determined that these changes will not interfere with 
attainment or maintenance of any 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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    \2\ 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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    In a notice of proposed rulemaking (NPRM) published on September 
21, 2020 (85 FR 59256), EPA proposed to approve the changes described 
above to the Jefferson County portion of the Kentucky SIP provided on 
September 5, 2019. The September 21, 2020, NPRM provides additional 
detail regarding the background and rationale for EPA's action. 
Comments on the September 21, 2020, NPRM were due on or before October 
21, 2020. Comments were received on the September 21, 2020, NPRM and 
are addressed below.

III. Response to Comments

    EPA received three comments on its September 21, 2020, NPRM, one in 
favor and two in opposition. These comments are provided in the docket 
for this final action. EPA has summarized and responded to the adverse 
comments below.
    Comment 1: The Commenter contends that EPA must quantify the 
potential emissions increase of raising the cutoff threshold from 1.0 
psia (7.0 kPa) to 1.5 psia (10.4 kPa) because ``simply reasoning that 
`a very small portion of hundreds of facilities [are applicable]' is 
not a valid reason for determining compliance with CAA section 
110(l).''
    Response 1: EPA disagrees with the Commenter and notes that the 
comment improperly implies that the section 110(l) analysis was based 
solely on the District's statement regarding the facilities that 
subsection 5.1 could theoretically apply to. As discussed above and in 
the NRPM, the removal of the monitoring requirement in subsection 5.1 
for vessels storing VOCs of less than 1.5 psia will have no impact on 
emissions. Subsection 5.1 is a monitoring requirement which applies to 
certain types of storage vessels. The District changed the true vapor 
pressure criteria of this monitoring requirement from 1.0 psia to 1.5 
psia to better align with the 1.5 psia threshold in the existing 
general applicability provision (Section 1) and the VOC emission 
limitations (Section 3). The emission control standards for VOC 
compounds are contained in Section 3 of rules 6.13 and 7.12, and none 
of them apply to tanks storing VOCs with a true vapor pressure of less 
than 1.5 psia. In addition, as noted above, subsection 5.1 does not 
apply to any existing facilities and also would not apply to any future 
storage vessels having a design capacity equal to or greater 40,000 
gallons and storing liquids with a true vapor pressure equal to or 
greater than 0.75 psia because NSPS subpart Kb requires that a 
secondary seal be installed on all such vessels that are newly 
constructed or modified.
    Comment 2: The Commenter states that ``EPA should disapprove this 
SIP because VOCs from existing stationary tanks are emitting harmful 
pollutants into the air we breathe.'' The Commenter further states that 
EPA ``could also . . . not approve this SIP because there are currently 
no viable ways to remove this pollution from existing stationary tank 
wells'' and that ``these pollutants are believed to continue entering 
and migrating underground from the existing wells and into water 
bodies.''
    Response 2: EPA disagrees with the Commenter. A SIP is a federally 
enforceable plan for each state that identifies how that state will 
attain and maintain the NAAQS. In formulating its SIP, each state is 
given wide discretion so long as it is consistent with all applicable 
requirements of the CAA, including section 110(l), and EPA must approve 
SIP revisions that meet these requirements. See CAA sections 110(a), 
(k). EPA initially incorporated Regulations 6.13 and 7.12 into the SIP 
in 1980 and 1982, respectively, as part of the District's measures to 
attain and maintain the NAAQS. See 45 FR 6092 and 47 FR 25010. The SIP 
revisions at issue modify those regulations in the manner described 
above and in the NPRM, and EPA has determined that these revisions meet 
all applicable requirements of the CAA. Therefore, EPA must approve the 
revisions.
    Regarding the comment about existing stationary tank wells, it is 
unclear what the Commenter is referring to. Regulations 6.13 and 7.12 
contain measures to control air pollution from storage vessels of VOCs 
and do not mention ``wells.'' To the extent that the Commenter is 
concerned with potential non-air related environmental impacts, those 
impacts are beyond the scope of this action on Kentucky's September 5, 
2019, SIP revisions.

[[Page 13657]]

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation 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 VOCs, and which make minor 
editorial changes for internal consistency. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into the plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving 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 approving these changes for 
the reasons discussed above.

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 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this 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);
     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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 10, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: March 4, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart S--Kentucky

0
2. In Sec.  52.920(c), Table 2 is amended under ``Reg 6--Standards of 
Performance for Existing Affected Facilities'' by revising the entry 
for ``6.13'' and under ``Reg 7--Standards of Performance for New 
Affected Facilities'' by revising the entry for ``7.12'' to read as 
follows:


Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

[[Page 13658]]



                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                Federal Register     District
      Reg           Title/subject         EPA approval date          notice       effective date    Explanation
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                                                  * * * * * * *
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                        Reg 6--Standards of Performance for Existing Affected Facilities
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                                                  * * * * * * *
6.13..........  Standard of            March 10, 2021.........  [Insert citation       6/19/2019
                 Performance for                                 of publication].
                 Existing Storage
                 Vessels for Volatile
                 Organic Compounds.
 
                                                  * * * * * * *
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                           Reg 7--Standards of Performance for New Affected Facilities
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                                                  * * * * * * *
7.12..........  Standard of            March 10, 2021.........  [Insert citation       6/19/2019
                 Performance for New                             of publication].
                 Storage Vessels of
                 Volatile Organic
                 Compounds.
 
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[FR Doc. 2021-04967 Filed 3-9-21; 8:45 am]
BILLING CODE 6560-50-P


