Air Plan Approval; KY; Jefferson County; Gasoline Loading Facilities at Existing Bulk Terminals and New Bulk Plants, 13816-13819 [2021-05049]
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13816
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
the FAA amends 14 CFR part 39 as
follows:
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
PART 39—AIRWORTHINESS
DIRECTIVES
(i) Additional Information
The subject of this AD is addressed in
European Union Aviation Safety Agency
(EASA) AD No. 2020–0191, dated September
4, 2020. You may view the EASA AD on the
internet at https://www.regulations.gov by
searching for and locating it in Docket No.
FAA–2021–0025.
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2021–04–01 Leonardo S.p.a.: Amendment
39–21422; Docket No. FAA–2021–0025;
Project Identifier MCAI–2020–01248–R.
(a) Applicability
This Airworthiness Directive (AD) applies
to Leonardo S.p.a. (Leonardo) Model AB139
and AW139 helicopters, serial number (S/N)
31400 through 31882 inclusive, and S/N
41300 through 41570 inclusive, certificated
in any category, with one or two forward
facing first row center seat/seats (seat) and a
cabin floor composed of 3 panels, and
identified by configuration in Figures 1
through 13 of Leonardo Alert Service
Bulletin No. 139–633, Rev. A, dated
September 2, 2020 (ASB 139–633) installed.
(b) Unsafe Condition
This AD defines the unsafe condition as a
design deficiency, which if not corrected,
could lead to failure of the seat during an
emergency landing and subsequent injury to
a helicopter occupant.
(c) Affected ADs
None.
(d) Effective Date
This AD becomes effective March 26, 2021.
(e) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(f) Required Action
Remove each seat within 50 hours time-inservice.
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(g) Special Flight Permits
A special flight permit may be permitted
provided that there is no passenger in the
seat.
16:13 Mar 10, 2021
Jkt 253001
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Leonardo Alert Service Bulletin No.
139–633, Rev. A, dated September 2, 2020.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Leonardo S.p.A. Helicopters,
Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di
Samarate (Va) Italy; telephone +39–0331–
225074; fax +39–0331–229046; or at https://
www.leonardocompany.com/en/home.
(4) You may view this service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call 817–222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 1, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–05199 Filed 3–9–21; 2:00 pm]
BILLING CODE 4910–13–P
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Strategic Policy
Rotorcraft Section, FAA, may approve
AMOCs for this AD. Send your proposal to:
Manager, Strategic Policy Rotorcraft Section,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone 817–222–5110; email 9ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, the FAA suggests
that you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
VerDate Sep<11>2014
(j) Subject
Joint Aircraft Service Component (JASC)
Code: 2500 Cabin Equipment/Furnishings.
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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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
SUMMARY:
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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
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 SIPapproved versions of Regulation 6.21
(Version 2) and Regulation 7.20 (Version
2) to Version 3.
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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 crosssection of sources than the Federal New
Source Performance Standards (NSPS).1
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
1 40 CFR part 60, subpart XX, is the Federal NSPS
containing standards of performance for bulk
gasoline terminals.
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
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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.
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
not contain ‘‘Regulation 6.37.’’ The District’s
September 5, 2019, revisions rectify this
discrepancy by removing the references to the nonexistent ‘‘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.
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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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)).
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 nonsubstantive 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.
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
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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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
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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
VerDate Sep<11>2014
16:13 Mar 10, 2021
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person identified in the FOR FURTHER
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
INFORMATION CONTACT
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);
6 See
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• 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).
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Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
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:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Dated: March 5, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
§ 52.920
*
Subpart S—Kentucky
For the reason stated in the preamble,
the EPA amends 40 CFR part 52 as
follows:
2. Section 52.920(c), Table 2, is
amended under ‘‘Reg 6—Standards of
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
*
*
Federal Register
notice
*
*
District
effective
date
Explanation
*
*
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
*
Standard of Performance for Existing
Gasoline Loading Facilities at Bulk
Terminals.
6.21
*
*
3/11/2021
*
*
[Insert citation of
publication].
*
*
*
6/19/2019
*
*
Except for the phrase ‘‘or an alternate
procedure approved by the District’’
in subsection 3.6.4.2.
*
*
*
Reg 7—Standards of Performance for New Affected Facilities
7.20
Standard of Performance for New
Gasoline Loading Facilities at Bulk
Plants.
*
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0121; FRL–10021–
07–Region 9]
Air Plan Approval; California; South
Coast Air Quality Management District;
Ventura County Air Pollution Control
District; 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 24, 2021. That rule approved
South Coast Air Quality Management
District Rule 1168 and Ventura County
Air Pollution Control District Rule 74.20
as revisions to the California State
Implementation Plan (SIP).
SUMMARY:
16:13 Mar 10, 2021
*
6/19/19
This correction is effective on
March 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3024 or by
email at lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2021–02909 appearing on page 11131 in
the Federal Register of Wednesday,
February 24, 2021, the following
corrections are made:
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§ 52.220
Except for the phrase ‘‘or an alternate
procedure approved by the District’’
in subsection 3.11.1.2.
*
DATES:
BILLING CODE 6560–50–P
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[Insert citation of
publication].
*
[FR Doc. 2021–05049 Filed 3–10–21; 8:45 am]
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3/11/2021
[Corrected]
*
*
Dated: March 4, 2021.
Deborah Jordan
Acting Regional Administrator, Region IX.
[FR Doc. 2021–04987 Filed 3–10–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2004–0094; FRL–10019–05–
OAR]
RIN 2060–AU98
1. On page 11131, in the second
column, in part 52, instruction 2,
‘‘Section 52.220 is amended by adding
paragraphs (c)(362)(i)(B)(3),
(c)(429)(i)(A)(7), (c)(518)(i)(C), and
(c)(545) to read as follows:’’ Is corrected
to read ‘‘Section 52.220 is amended by
adding paragraphs (c)(362)(i)(B)(3),
(c)(429)(i)(A)(7), (c)(518)(i)(D), and
(c)(545) to read as follows:’’
■ 2. On page 11131, at the top of the
third column, ‘‘(C) South Coast Air
Quality Management District.’’ is
corrected to read ‘‘(D) South Coast Air
Quality Management District.’’
■
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Court Vacatur of Exemption From
Emission Standards During Periods of
Startup, Shutdown, and Malfunction
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is amending
the Code of Federal Regulations (CFR) to
reflect a court order regarding the
General Provisions for National
Emissions Standards for Hazardous Air
Pollutants (NESHAP) issued on
SUMMARY:
E:\FR\FM\11MRR1.SGM
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]]>Agencies
[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 [email protected].
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
