[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Rules and Regulations]
[Pages 13816-13819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05049]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0102; FRL-10021-39-Region 4]


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

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

DATES: This rule is effective April 12, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0102. 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 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, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-8994. Ms. LaRocca can also be reached

[[Page 13817]]

via electronic mail at larocca.sarah@epa.gov.

SUPPLEMENTARY INFORMATION:

I. EPA's Action

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

II. EPA's Analysis of the Revisions

    The District's September 5, 2019, SIP revisions include changes to 
Regulation 6.21 and Regulation 7.20 related to standards for existing 
gasoline loading facilities at bulk terminals and standards for new 
gasoline loading facilities at bulk plants, respectively, as described 
below. The District notes that it enacted these regulations to control 
volatile organic compound emissions from gasoline loading facilities 
and that Regulations Parts 6 and 7 apply more stringent standards to a 
broader cross-section of sources than the Federal New Source 
Performance Standards (NSPS).\1\
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    \1\ 40 CFR part 60, subpart XX, is the Federal NSPS containing 
standards of performance for bulk gasoline terminals.
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    The District has revised Regulation 6.21 and Regulation 7.20 to 
discontinue the practice of requiring gasoline transport vehicles to 
display a Kentucky pressure vacuum test sticker. Specifically, the 
revisions to Regulation 6.21 and Regulation 7.20 delete the text of 
subsection 3.6.4 and subsection 3.11.1, respectively, which provide 
that no owner or operator of a bulk gasoline terminal or plant subject 
to these regulations may allow a tank truck or trailer to be loaded 
with gasoline unless the vehicle has ``a valid Kentucky pressure-vacuum 
test sticker as required by Regulation 6.37 attached and visibly 
displayed.'' \2\ This requirement is replaced with specific procedures 
for assuring that tank trucks and their associated vapor collection 
systems have passed the required vapor tightness test on an annual 
basis. New subsection 3.6.4.1 of Regulation 6.21 and subsection 
3.11.1.1 of Regulation 7.20 state that no owner or operator of an 
existing bulk gasoline terminal or a new bulk gasoline plant shall 
allow loading unless the gasoline tank truck and its vapor collection 
system has demonstrated a pressure change within specific parameters.
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    \2\ The District has no record of ever having created 
``Regulation 6.37'' (see email from Byron Gary, Louisville Air 
Pollution Control District, to Sarah LaRocca, EPA Region 4, March 
23, 2020), and the Jefferson County portion of the Kentucky SIP does 
not contain ``Regulation 6.37.'' The District's September 5, 2019, 
revisions rectify this discrepancy by removing the references to the 
non-existent ``Regulation 6.37'' and adding new provisions (at 
subsection 3.6.4 for Regulation 6.21 and subsection 3.11.1 for 
Regulation 7.20) containing detailed, updated procedures that 
explicitly state the vapor tightness and recordkeeping requirements.
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    The SIP revision also adds a new subsection 3.6.4.2 of Regulation 
6.21 and a new subsection 3.11.1.2 of Regulation 7.20 to specify the 
testing procedures that must be used to assure compliance with the new 
vapor tightness requirements. As approved for incorporation into the 
SIP, these subsections require that EPA Method 27, ``Determination of 
Vapor Tightness of Gasoline Delivery Tank Using Pressure Vacuum Test,'' 
as specified in 40 CFR part 60, appendix A, on July 1, 1991, shall be 
used to determine compliance with subsection 3.6.4.1 of Regulation 6.21 
and subsection 3.11.1.1 of Regulation 7.20.\3\ The new subsections also 
require the owner or operator of a tank truck being loaded at an 
affected facility to have this vapor tightness test completed annually 
and to maintain all testing records (i.e., test data, date of testing, 
identification of tank truck, type of repair, retest data and date) for 
two years after the date of testing, and to make such records available 
upon request by the District. EPA notes that the District's revised 
tank truck vapor tightness standards, testing procedures, and 
recordkeeping requirements as approved for incorporation into the SIP 
are consistent with the Commonwealth of Kentucky's requirements at 401 
KAR 63:031, Leaks from gasoline tank trucks, and also with EPA's 
requirements applicable to gasoline cargo tanks under 40 CFR part 60, 
subpart XX, Standards of Performance for Bulk Gasoline Terminals (see 
40 CFR 60.505(b)) and 40 CFR part 63, subpart BBBBBB, National Emission 
Standards for Hazardous Air Pollutants for Source Category: Gasoline 
Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (see 
40 CFR 63.11092(f)(1) and 63.11094(b)).
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    \3\ EPA is not acting on the phrase ``or an alternate procedure 
approved by the District'' in the District's new subsection 3.6.4.2 
of Regulation 6.21 and subsection 3.11.1.2 of Regulation 7.20. The 
District has withdrawn this phrase from the SIP revision. The 
withdrawal letter is included in the docket for this action.
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    The revisions also include minor changes to Regulation 6.21 and 
Regulation 7.20. A non-substantive change to Section 1 of Regulation 
6.21 clarifies that the rule applies to each affected facility that was 
either existing or had a construction permit issued on or before June 
13, 1979.\4\ The non-substantive changes to Regulation 7.20 clarify 
that the rule applies to each affected facility which commenced 
construction, modification, or reconstruction after June 13, 1979; \5\ 
remove language in subsection 3.11.3 such that a pressure measuring 
device is no longer required to be supplied by the District; and 
renumber subsections within Section 3.
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    \4\ The prior version of the rule states that it applies to 
``each affected facility which was in being or had a construction 
permit issued by the District before June 13, 1979.'' ``Affected 
facility'' is defined in Section 2.1 of the rule as ``facilities at 
a bulk gasoline terminal for loading gasoline into tank trucks, 
trailers, railroad tank cars, or other mobile, non-marine vessels.''
    \5\ The prior version of the rule states that it applies to 
``each new affected facility which is commenced after the June 13, 
1979.'' ``Affected facility'' is defined in Section 2.1 of the rule 
as ``a bulk gasoline plant.''
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    Because these rule revisions will not allow an increase in air 
pollutant emissions, EPA has determined that these changes will not 
interfere with attainment or maintenance of the NAAQS, reasonable 
further progress, or any other applicable requirement of the CAA.
    In a notice of proposed rulemaking (NPRM) published on January 22, 
2021 (86 FR 6589), EPA proposed to approve changes to the Jefferson 
County portion of the Kentucky SIP, provided on September 5, 2019. The 
January 21, 2021, NPRM provides additional detail regarding the 
background and rationale for EPA's action. Comments on the NPRM were 
due on or before February 22, 2021. One comment was received on the 
NPRM and is addressed below.

III. Response to Comments

    EPA received one comment on its January 21, 2021, NPRM. The comment 
is provided in the docket for this final action. EPA has summarized and 
responded to the comment below.
    Comment: The commenter ``agree[s] with th[e] proposed rule because 
the results will be beneficial to protecting air quality'' and states 
that the rule would be impactful because automobile emissions are a 
large contributor to air pollution. The commenter further states

[[Page 13818]]

that ``requiring tank trucks to have this vacuum stickers will help 
ensure that less volatile emissions will be released into the air'' and 
that ``tank drivers would have to update this sticker annually, 
ensuring that the automobiles stay up to date with regulations.''
    Response: Although the commenter expresses agreement with the 
proposed rule, they are mistaken regarding the nature of the action. As 
discussed throughout the NPRM, the revisions to Regulation 6.21 and 
Regulation 7.20 remove the requirement for gasoline transport vehicles 
to display a Kentucky pressure vacuum test sticker in Jefferson County. 
The revisions replace the sticker requirement with specific procedures 
for assuring that tank trucks and their associated vapor collection 
systems have passed the required vapor tightness test on an annual 
basis. The revisions also require the owner or operator of a tank truck 
being loaded at an affected facility to maintain all testing records 
for two years after the date of testing and to make such records 
available upon request by the District. EPA is approving the revisions 
because the new testing requirements are as stringent as those that 
would have been required to obtain a pressure vacuum test sticker, and 
therefore will not allow an increase in air pollutant emissions, and 
because the revisions are otherwise consistent with the CAA.

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 of Louisville 
Metro Air Pollution Control District Regulation 6.21, Standard of 
Performance for Existing Gasoline Loading Facilities at Bulk Terminals, 
Version 3, and Regulation 7.20, Standard of Performance for New 
Gasoline Loading Facilities at Bulk Plants, Version 3, effective June 
19, 2019, with the exception of the phrase ``or an alternate procedure 
approved by the District'' in Regulation 6.21, subsection 3.6.4.2 and 
Regulation 7.20, subsection 3.11.1.2. The changes to these rules 
replace a requirement for gasoline tank trucks to possess valid 
pressure vacuum test sticker with a requirement for specific vapor 
tightness testing and recordkeeping procedures, clarify rule 
applicability, and remove language stating that a pressure measuring 
device will be supplied by the District. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have been incorporated by reference by EPA into that 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.\6\
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    \6\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving the revisions to Regulation 6.21, Standard of 
Performance for Existing Gasoline Loading Facilities at Bulk Terminals, 
Version 3, and Regulation 7.20, Standard of Performance for New 
Gasoline Loading Facilities at Bulk Plants, Version 3 of the Jefferson 
County portion of the Kentucky SIP, submitted on September 5, 2019, as 
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).

[[Page 13819]]

List of Subjects in 40 CFR Part 52

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

    Dated: March 5, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reason 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. Section 52.920(c), Table 2, is amended under ``Reg 6--Standards of 
Performance for Existing Affected Facilities'' by revising the entry 
for ``6.21'' and under ``Reg 7--Standards of Performance for New 
Affected Facilities'' by revising the entry for ``7.20'' to read as 
follows:


Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                                             Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                     EPA approval                               District
                 Reg                          Title/subject              date       Federal Register notice  effective date          Explanation
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                                            Reg 6--Standards of Performance for Existing Affected Facilities
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                                                                      * * * * * * *
6.21................................  Standard of Performance for        3/11/2021  [Insert citation of           6/19/2019  Except for the phrase ``or
                                       Existing Gasoline Loading                     publication].                            an alternate procedure
                                       Facilities at Bulk                                                                     approved by the District''
                                       Terminals.                                                                             in subsection 3.6.4.2.
 
                                                                      * * * * * * *
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                                               Reg 7--Standards of Performance for New Affected Facilities
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7.20................................  Standard of Performance for        3/11/2021  [Insert citation of             6/19/19  Except for the phrase ``or
                                       New Gasoline Loading                          publication].                            an alternate procedure
                                       Facilities at Bulk Plants.                                                             approved by the District''
                                                                                                                              in subsection 3.11.1.2.
 
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[FR Doc. 2021-05049 Filed 3-10-21; 8:45 am]
BILLING CODE 6560-50-P


