Air Plan Approval; KY; Gasoline Loading Facilities at Existing Bulk Terminals and New Bulk Plants |
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Mary Walker
Environmental Protection Agency
22 January 2021
[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Proposed Rules]
[Pages 6589-6591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00533]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0102; FRL-10018-62-Region 4]
Air Plan Approval; KY; Gasoline Loading Facilities at Existing
Bulk Terminals and New Bulk Plants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Jefferson County portion of the Kentucky State
Implementation Plan (SIP), submitted by the Commonwealth of Kentucky,
through the Energy and Environment Cabinet (Cabinet) on September 5,
2019. The revisions were submitted by the Cabinet on behalf of the
Louisville Metro Air Pollution Control District (District) 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 proposing to approve the revisions because they
are consistent with the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before February 22, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0102 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full
[[Page 6590]]
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. EPA's Proposed Action
EPA is proposing to approve 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 sticker with specific vapor tightness testing and
recordkeeping requirements and make minor, non-substantive changes as
discussed in section II. The 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 revision includes 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 sticker. Specifically, the revisions
to Regulation 6.20 and Regulation 7.21 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.
The parameters to be met are a pressure change of no more than 75
millimeter (mm) water (3 inches water) in five minutes when pressurized
to 450 mm water (18 inches water) and when evacuated to 150 mm water (6
inches water) using the test procedure described in the regulation.
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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 described above. As proposed 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 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 proposed 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 intends to withdraw this phrase from the submitted SIP
revision.
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The revisions also include minor changes 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 SIP-approved 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 SIP-approved 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 increase air pollutant
emissions, EPA proposes to determine that, in accordance with CAA
section 110(l), that they will not interfere with attainment or
maintenance of the NAAQS, reasonable further progress toward attainment
of the NAAQS, or any other applicable requirement of the CAA. EPA has
preliminarily determined that these changes are consistent with the CAA
is therefore proposing to
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approve these portions of the SIP revisions.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference 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, state-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).
IV. Proposed Action
EPA is proposing to approve the revisions to the Jefferson County
portion of the Kentucky SIP (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), submitted on September 5, 2019,
as discussed above.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 1955 (Pub. L. 104-4);
Does not have Federalism implications as specified in the
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 any other area
where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 11, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2021-00533 Filed 1-21-21; 8:45 am]
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