Air Plan Approval; KY; Jefferson County; Existing and New VOC Storage Vessels Rule Changes, 13655-13658 [2021-04967]
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This temporary interim
rule involves a temporary safety zone on
the AR between MM 126 and MM 127
in the vicinity of Little Rock, AR that
will prohibit entry into this zone. The
temporary safety zone will only be
enforced while operations preclude the
safe navigation of the established
channel. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
[EPA–R04–OAR–2020–0092; FRL–10021–
19–Region 4]
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0123 to read as
follows:
■
§ 165.T08–0123 Safety Zone; Arkansas
River, Mile Marker 126.6, Little Rock, AR
(a) Location. The following area is a
safety zone: All navigable waters of the
Arkansas River between Mile Marker
(MM) 126 and MM 127 in the vicinity
of Little Rock, AR.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
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[FR Doc. 2021–04949 Filed 3–9–21; 8:45 am]
40 CFR Part 52
■
16:13 Mar 09, 2021
Dated: March 4, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Effective period. This section is
effective from March 10, 2021 until July
12, 2021.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Air Plan Approval; KY; Jefferson
County; Existing and New VOC
Storage Vessels Rule Changes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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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
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
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.
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
1 Kentucky SIP submittal, September 5, 2019,
Louisville Metro Air Pollution Control District
Regulatory Impact Assessment, p. 2.
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
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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.
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
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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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.
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
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
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 SIPapproved 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
3 See
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. In § 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:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA
approval date
Title/subject
*
*
*
*
District
effective
date
Federal Register notice
*
*
Explanation
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
6.13 ........
*
*
Standard of Performance for Existing Storage
Vessels for Volatile Organic Compounds.
*
*
*
*
March 10, 2021 ....
*
*
[Insert citation of publication].
*
*
6/19/2019
*
*
*
Reg 7—Standards of Performance for New Affected Facilities
*
7.12 ........
*
*
Standard of Performance for New Storage Vessels of Volatile Organic Compounds.
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2020–0174, FRL–10020–
98–Region 10]
Air Plan Approval; Washington:
Inspection and Maintenance Program;
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting a final rule
that appeared in the Federal Register on
February 18, 2021, and that will become
effective on March 22, 2021. The EPA
finalized removal of the Inspection and
Maintenance program from the active
control measure portion of
Washington’s State Implementation
Plan. This action corrects inadvertent
typographical errors in the Federal
Register. The corrections described in
this action do not affect the substantive
requirements of the final rule
implementing section 110 of the Clean
Air Act.
DATES: This correction is effective on
March 22, 2021.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, EPA Region 10, 1200 Sixth
Avenue—Suite 155, Seattle, WA 98101,
at (206) 553–0256, or hunt.jeff@epa.gov.
SUMMARY:
16:13 Mar 09, 2021
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[Insert citation of publication].
The EPA
is making the following corrections to
the final rule, ‘‘Air Plan Approval;
Washington: Inspection and
Maintenance Program’’ as published in
the Federal Register on February 18,
2021 (86 FR 10026). That publication
contained amendatory instruction
removing the entries ‘‘173–422–010’’,
‘‘173–422–020’’, ‘‘173–422–030’’, ‘‘173–
422–031’’, ‘‘173–422–035’’, ‘‘173–422–
040’’, ‘‘173–422–050’’, ‘‘173–422–060’’,
‘‘173–422–065’’, ‘‘173–422–070’’, ‘‘173–
422–075’’, ‘‘173–422–090’’, ‘‘173–422–
095’’, ‘‘173–422–100’’, ‘‘173–422–120’’,
‘‘173–422–145’’, ‘‘173–422–160’’, ‘‘173–
422–170’’, ‘‘173–422–175’’, ‘‘173–422–
090’’, and ‘‘173–422–095.’’ The correct
citations for the last two entries for
removal should have been ‘‘173–422–
190’’ and ‘‘173–422–195.’’ This action
corrects the citations as intended in the
February 18, 2021 final rule.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. The
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because, as explained here,
the changes to the rule are minor
technical corrections, are
noncontroversial in nature, and do not
substantively change the requirements
of the final rule. Rather, the changes
correct inadvertent typographical errors
and redundant text. Additionally, the
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SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–04967 Filed 3–9–21; 8:45 am]
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March 10, 2021 ....
*
*
corrections to the regulatory text match
the revisions described in the preamble
to the final rule. Thus, notice and
opportunity for public comment are
unnecessary. The EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(B).
Federal Register Correction
In FR doc 2021–03033 at 86 FR 10026
in the issue of February 18, 2021, the
following corrections are made:
§ 52.2470
[Corrected]
1. On page 10027, in the third column,
in amendment 2.a.ii., the instruction
‘‘Removing the entries ‘‘173–422–010’’,
‘‘173–422–020’’, ‘‘173–422–030’’, ‘‘173–
422–031’’, ‘‘173–422–035’’, ‘‘173–422–
040’’, ‘‘173–422–050’’, ‘‘173–422–060’’,
‘‘173–422–065’’, ‘‘173–422–070’’, ‘‘173–
422–075’’, ‘‘173–422–090’’, ‘‘173–422–
095’’, ‘‘173–422–100’’, ‘‘173–422–120’’,
‘‘173–422–145’’, ‘‘173–422–160’’, ‘‘173–
422–170’’, ‘‘173–422–175’’, ‘‘173–422–
090’’, and ‘‘173–422–095’’’’ is corrected
to read ‘‘Removing the entries ‘‘173–
422–010’’, ‘‘173–422–020’’, ‘‘173–422–
030’’, ‘‘173–422–031’’, ‘‘173–422–035’’,
‘‘173–422–040’’, ‘‘173–422–050’’, ‘‘173–
422–060’’, ‘‘173–422–065’’, ‘‘173–422–
070’’, ‘‘173–422–075’’, ‘‘173–422–090’’,
‘‘173–422–095’’, ‘‘173–422–100’’, ‘‘173–
422–120’’, ‘‘173–422–145’’, ‘‘173–422–
160’’, ‘‘173–422–170’’, ‘‘173–422–175’’,
‘‘173–422–190’’, and ‘‘173–422–195’’ ’’.
■
Dated: March 3, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–04838 Filed 3–9–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\10MRR1.SGM
10MRR1
Agencies
[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
[email protected].
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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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