Air Plan Approval; KY; Jefferson County; Existing and New VOC Storage Vessels Rule Changes
| Published date | 21 September 2020 |
| Citation | 85 FR 59256 |
| Record Number | 2020-19340 |
| Section | Proposed rules |
| Court | Environmental Protection Agency |
59256
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules
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District SIP submission, September 5, 2019, p.
72.
the COTP or a COTP representative via
VHF channel 16 or 617–223–5757
(Sector Boston Command Center).
(d) Penalties. Those who violate this
section are subject to the penalties set
forth in 46 U.S.C. 70036 and 46 U.S.C.
70053.
(e) Notification. Coast Guard Sector
Boston will give notice through the
Local Notice to Mariners and Broadcast
Notice to Mariners for the purpose of
enforcement of this temporary safety
zone. Sector Boston will also notify the
public to the greatest extent possible of
any period in which the Coast Guard
will suspend enforcement of this safety
zone.
(f) COTP representative. The COTP’s
representative may be any Coast Guard
commissioned, or petty officer or any
federal, state, or local law enforcement
officer who has been designated by the
COTP to act on the COTP’s behalf. The
COTP’s representative may be on a
Coast Guard vessel, a Coast Guard
Auxiliary vessel, a state or local law
enforcement vessel, or a location on
shore.
Dated: September 8, 2020.
E.J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2020–20097 Filed 9–18–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0092; FRL–10014–
12–Region 4]
Air Plan Approval; KY; Jefferson
County; Existing and New VOC
Storage Vessels Rule Changes
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Jefferson County portion
of the Kentucky State Implementation
Plan (SIP), submitted by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet
(Cabinet) on September 5, 2019. The
revisions were submitted by the Cabinet
on behalf of the Louisville Metro Air
Pollution Control District (District or
APCD) and make changes to the
regulations for new and existing storage
vessels for volatile organic compounds
(VOCs). EPA is proposing to approve the
portions of the revisions that regulate
new and existing storage vessels for
VOCs because the changes are
consistent with the Clean Air Act (CAA
or Act).
DATES
: Comments must be received on
or before October 21, 2020.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2020–0092 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commenting-
epa-dockets.
FOR FURTHER INFORMATION CONTACT
:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION
:
I. EPA’s Proposed Action
In this rulemaking, EPA is proposing
to approve 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
The Commonwealth of Kentucky
previously submitted SIP revisions
related to this action on March 23, 2018,
which included changes to APCD
Regulations 6.13 and 7.12. Those SIP
revisions were approved by EPA on
October 1, 2019. See 84 FR 51983. In the
District’s March 23, 2018, submittals,
Section 1 (Applicability) of APCD
Regulation 6.13 and Regulation 7.12
were revised to include an additional
criteria of ‘‘true vapor pressure of the
VOCs as stored equal to or greater than
78 mm Hg [millimeters of mercury] (1.5
psia [pounds per square inch
absolute]).’’ This change was consistent
with the minimum true vapor pressure
of VOCs subject to the emission control
standards provided in Section 3
(Standard for Volatile Organic
Compounds) of these regulations.
Section 5 (Monitoring of Operations),
however, continued to contain
monitoring requirements under
subsection 5.1 that applied to certain
vessels ‘‘having a true vapor pressure
greater than 7.0 kPa [kilopascal] (1.0
psia).’’ As noted in EPA’s June 5, 2019,
proposed action, the District explained
that the monitoring requirements in
subsections 5.1 and 5.2 would continue
to apply to sources that store a liquid
having a true vapor pressure greater
than 1.0 psia despite the addition of the
1.5 psia criteria to Section 1.
In their September 9, 2019,
submittals, the District includes a
modification that changes the true vapor
pressure criteria of subsection 5.1 from
1.0 psia to 1.5 psia to better align with
the general applicability provision of
Section 1 of Regulations 6.13 and 7.12.
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.
The District notes that because
subsection 3.4 of Regulations 6.13 and
7.12 explicitly requires secondary seals
for nearly all storage tanks with capacity
of greater than 40,000 gallons, there are
very few tanks which could be subject
to subsection 5.1. The only exceptions
to the subsection 3.4 requirement for
installing secondary seals would be, as
described in subsections 3.4.1 through
3.4.3, for welded tanks storing liquids
with a true vapor pressure of less than
4.0 psia and for certain types of primary
seals, which the District states are ‘‘a
very small portion of the hundreds of
facilities to which [Regulations 6.13 and
7.12] are applicable.’’
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In addition, the
District states that they currently permit
no external floating roof tanks without
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Id.
3
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.
secondary seals or approved alternative
technologies, so the monitoring
requirement in subsection 5.1 does not
currently apply to any facilities under
their jurisdiction.
2
EPA also notes that
this change does not alter the number of
tanks subject to emission controls and
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 subpart Kb
which requires that a secondary seal be
installed. See 40 CFR 60.112b(a)(2). For
these reasons, EPA proposes to
determine that, in accordance with CAA
section 110(l), the changes will not
interfere with attainment or
maintenance of a NAAQS, reasonable
further progress toward attainment of a
NAAQS, or any other applicable
requirement of the CAA.
The September 9, 2019, SIP revisions
also contain the following changes:
necessary renumbering of Regulation
6.13, Section 2; revising units of
pressure measurement from mm Hg to
the International System of Units
standard 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;
3
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 is proposing to
determine that these changes will not
interfere with attainment or
maintenance of a 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.
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
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 volatile organic compounds. EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and at the
EPA Region 4 office (please contact the
person identified in the
FOR FURTHER
INFORMATION CONTACT
section of this
preamble for more information).
IV. Proposed Action
EPA is proposing to approve the
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
proposing to approve these changes for
the reasons discussed above.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions merely propose
to approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
•Are 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);
•Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
•Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
•Are 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.);
•Do 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);
•Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
•Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
•Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
•Are 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
•Do 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: August 26, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–19340 Filed 9–18–20; 8:45 am]
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