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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 EPAs 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 60.112ba2.
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 110l, 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 EPAs 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 110l.
Response 1: EPA disagrees with the Commenter and notes that the comment improperly implies that the section 110l analysis was based solely on the Districts 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 110l, and EPA must approve SIP revisions that meet these requirements. See CAA sections 110a, k. EPA initially incorporated Regulations 6.13 and 7.12 into the SIP
in 1980 and 1982, respectively, as part of the Districts 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 Kentuckys September 5, 2019, SIP revisions.

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