[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Page 72519]
[FR Doc No: 2023-23182]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4682-DR; Docket ID FEMA-2023-0001]

Washington; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Washington (FEMA-4682-DR), dated January 12, 2023, and
related determinations.

DATES: This change occurred on September 29, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Toney L.
Raines, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Andrew P. Meyer as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-23182 Filed 10-19-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Proposed Rules]
[Pages 65774-65782]
[FR Doc No: 2020-22568]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2020-0372; FRL-10015-53-OAR]
RIN 2060-AU91

Standards of Performance for Volatile Organic Liquid Storage
Vessels (Including Petroleum Liquid Storage Vessels) for Which
Construction, Reconstruction, or Modification Commenced After July 23,
1984

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing
amendments to the Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which
Construction, Reconstruction, or Modification Commenced After July 23,
1984. We are proposing specific amendments that would allow owners or
operators of storage vessels subject to the Standards of Performance
for Volatile Organic Liquid Storage Vessels and equipped with either an
external floating roof (EFR) or internal floating roof (IFR) to
voluntarily elect to comply with the requirements specified in the
National Emission Standards for Storage Vessels (Tanks)--Control Level
2 as an alternative standard, in lieu of the requirements specified in
the Standards of Performance for Volatile Organic Liquid Storage
Vessels, subject to certain caveats and exceptions for monitoring,
recordkeeping, and reporting.

DATES:
    Comments. Comments must be received on or before November 30, 2020.
Under the Paperwork Reduction Act (PRA), comments on the information
collection provisions are best assured of consideration if the Office
of Management and Budget (OMB) receives a copy of your comments on or
before November 16, 2020.
    Public hearing. If anyone contacts us requesting a public hearing
on or before October 21, 2020, we will hold a virtual public hearing.
See SUPPLEMENTARY INFORMATION for information on requesting and
registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0372, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2020-0372 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2020-0372.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2020-0372, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of operation
are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be

posted without change to https://www.regulations.gov/, including any
personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov/ or email, as there may be a delay in
processing mail and faxes. For further information on EPA Docket Center
services and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Mr. Neil Feinberg, Sector Policies and Programs
Division (E143-01), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Participation in virtual public hearing. Please note that the EPA
is deviating from its typical approach because the President has
declared a national emergency. Due to the current Centers for Disease
Control and Prevention (CDC) recommendations, as well as state and
local orders for social distancing to limit the spread of COVID-19, the
EPA cannot hold in-person public meetings at this time.
    If requested, the virtual hearing will be held on November 2, 2020.
The hearing will convene at 9:00 a.m. Eastern Time (ET) and will
conclude at 3:00 p.m. ET. The EPA may close a session 15 minutes after
the last pre-registered speaker has testified if there are no
additional speakers. The EPA will announce further details on the
virtual public hearing website at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage.
    The EPA will begin pre-registering speakers for the hearing upon
publication of this document in the Federal Register. To register to
speak at the virtual hearing, please use the online registration form
available at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage or
contact Ms. Virginia Hunt at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>The last day to pre-register to speak at the
hearing will be October 28, 2020. Prior to the hearing, the EPA will
post a general agenda that will list pre-registered speakers in
approximate order at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage.
    The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearing to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to Neil Feinberg
and Virginia Hunt. The EPA also recommends submitting the text of your
oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage. While the EPA expects the hearing to go forward as set forth
above, if requested, please monitor our website or contact Virginia
Hunt at<PHONE_NUMBER> or<EMAIL_ADDRESS>to determine if there
are any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
    If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing with Virginia Hunt and describe your needs by October 23, 2020.
The EPA may not be able to arrange accommodations without advance
notice.
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2020-0372. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (CBI) 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. Publicly
available docket materials are available electronically in
Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2020-0372. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically any information that you consider
to be CBI or other information whose disclosure is restricted by
statue. This type of information should be submitted by mail as
discussed below.
    The EPA may publish any comment received to its public docket.
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. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov/, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the

EPA Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is temporarily suspending its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. Our Docket Center staff will continue to
provide remote customer service via email, phone, and webform. We
encourage the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following address: OAQPS Document Control Officer (C404-02), OAQPS,
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2020-0372. Note that
written comments containing CBI and submitted by mail may be delayed
and no hand deliveries will be accepted.
    Preamble acronyms and abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:

AMP alternative monitoring plan
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EFR external floating roof
EPA Environmental Protection Agency
ET Eastern Time
ICR information collection request
IFR internal floating roof
kPa kilopascals
m3 cubic meters
NAICS North American Industry Classification System
NESHAP national emission standards for hazardous air pollutants
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compound(s)

    Organization of this document. The information in this preamble is
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
II. Background
III. Discussion of the Proposed Amendments
    A. What actions are we proposing?
    B. What compliance dates are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
V. Request for Comments
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this proposed rule
include those listed in Table 1 of this preamble.

     Table 1--Examples of Potentially Affected Entities by Category
------------------------------------------------------------------------
                                                         Examples of
             Category               NAICS code \1\       potentially
                                                     regulated  entities
------------------------------------------------------------------------
Industrial........................             325  Chemical
                                                     manufacturing
                                                     facilities.
                                               324  Petroleum and coal
                                                     products
                                                     manufacturing
                                                     facilities.
                                            422710  Petroleum bulk
                                                     stations and
                                                     terminals.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive but rather provides a
guide for readers regarding entities likely to be affected by the
proposed amendments. To determine whether your facility could be
affected by the proposed amendments, you should carefully examine the
applicability criteria in 40 CFR 60.110b and 60.112b(a)(1) and (2). If
you have any questions regarding the applicability of the proposed
amendments to a particular entity, contact the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
EPA Administrator, the EPA will post a copy of this proposed action at
https://www.epa.gov/stationary-sources-air-pollution/volatile-organic-liquid-storage-vessels-including-petroleum-storage. Following
publication in the Federal Register, the EPA will post the Federal
Register version of the proposal and key technical documents at this
same website.
    A redline version of the regulatory language that incorporates the
proposed changes in this action is available in the docket for this
action (Docket ID No. EPA-HQ-OAR-2020-0372).

II. Background

    Pursuant to the EPA's authority under Clean Air Act (CAA) section
111, the Agency proposed (49 FR 29698, July 23, 1984) and promulgated
(52 FR 11420, April 8, 1987) new source performance standards (NSPS) at
40 CFR part 60, subpart Kb, for volatile organic liquid storage
vessels, including petroleum liquid storage vessels, for which
construction, reconstruction, or modification commenced after July 23,
1984. To reduce volatile organic compound (VOC) emissions from storage
vessels with a capacity of 75 cubic meters (m\3\) or more that store
organic liquids with a true vapor pressure over 27.6 kilopascals (kPa),
and from storage vessels with a capacity of 151 m\3\ or more that store
organic liquids with a true vapor pressure over 5.2 kPa, NSPS subpart
Kb requires the use of either an EFR, an IFR, or a closed vent system
and a control device. See 40 CFR 60.110b(a) and 60.112b(a) and (b).\1\
NSPS subpart Kb also specifies testing, monitoring, recordkeeping,
reporting, and other requirements in 40 CFR 60.113b through 60.116b to
ensure compliance with the standards. More specifically, Sec.  60.113b
requires, among other things, that certain inspections for IFR and EFR
occur at least once within certain defined timeframes (such as at least
once every year, 5 years, or 10 years). Storage vessels with an EFR
consist of an open-top cylindrical steel shell equipped with a deck
that floats on the surface of the stored liquid (commonly referred to
as a floating roof). Storage vessels with an IFR are fixed roof vessels
\2\ that also have a deck internal to the tank that floats on the
liquid surface within the fixed roof vessel (commonly referred to as an
internal floating roof).
---------------------------------------------------------------------------

    \1\ All affected storage vessels storing organic liquids with a
true vapor pressure of 76.6 kPa or more must use a closed vent
system and a control device. 40 CFR 60.112b(b).
    \2\ A fixed roof storage vessel consists of a cylindrical steel
shell with a permanently affixed roof, which may vary in design from
cone or dome-shaped to flat.
---------------------------------------------------------------------------

    The standards in NSPS subpart Kb for storage vessels with an EFR or
IFR are a combination of a design, equipment, work practice, and
operational standards set pursuant to CAA section 111(h). These
standards require, among other things, that a rim seal be installed
continuously around the circumference of the vessel (between the inner
wall of the vessel and the floating roof) to prevent VOC from escaping
to the atmosphere through gaps between the floating roof and the inner
wall of the storage vessel. Similarly, NSPS subpart Kb requires deck
fittings \3\ on the floating roof to be equipped with a gasketed cover
or lid that is kept in the closed position at all times (i.e., no
visible gap), except when the device (the deck fitting) is in actual
use, to prevent VOC emissions from escaping through the deck fittings.
In general, NSPS subpart Kb requires owners or operators to conduct
visual inspections to check for defects in the floating roof, rim
seals, and deck fittings (e.g., holes, tears, or other openings in the
rim seal, or covers and lids on deck fittings that no longer close
properly) that could expose the liquid surface to the atmosphere and
potentially result in VOC emission losses through rim seals and deck
fittings.\4\
---------------------------------------------------------------------------

    \3\ Numerous fittings pass through or are attached to floating
roof decks to accommodate structural support components or to allow
for operational functions. Typical deck fittings include, but are
not limited to, the following: Access hatches, gauge floats, gauge-
hatch/sample ports, rim vents, deck drains, deck legs, vacuum
breakers, and guidepoles. IFR tanks may also have deck seams, fixed-
roof support columns, ladders, and/or stub drains.
    \4\ For details about storage vessel emissions, refer to the
Compilation of Air Pollutant Emission Factors, Volume 1: Stationary
Point and Area Sources, AP-42, Fifth Edition, Chapter 7: Liquid
Storage Tanks, dated June 2020 which is available at: https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors.
---------------------------------------------------------------------------

    Pursuant to 40 CFR 60.113b(a)(4), and as one of the several
inspection requirements included in Sec.  60.113b, an owner or operator
of a storage vessel subject to NSPS subpart Kb and equipped with an IFR
must visually inspect the IFR, primary seal, secondary seal (if one is
in service), gaskets, slotted membranes, and sleeve seals (if any) from
inside the storage vessel (internal) each time the storage vessel is
emptied and degassed (removed from service or out-of-service), and in
no event can inspections be conducted at intervals greater than 10
years.\5\ There are no provisions in NSPS subpart Kb that allow the 40
CFR 60.113b(a)(4) inspections for IFRs to be conducted while liquids
and vapors remain in the storage vessel (i.e., in-service). Therefore,
owners or operators that have not emptied and degassed their fixed roof
storage vessel equipped with an IFR within a 10-year period for
whatever reason (such as to perform cleaning, maintenance, inspections,
and/or testing not required by NSPS subpart Kb) are required to do so
for the sole purpose of complying with the inspection requirements in
the rule at 40 CFR 60.113b(a)(4).\6\
---------------------------------------------------------------------------

    \5\ Degassing means the process of removing stored material
vapors from the storage vessel.
    \6\ ``At least once every 10 years, the owner or operator is
required to empty the storage vessel and to inspect the internal
floating roof, the primary seal, and the secondary seal, if one
exists.'' 52 FR 11415, 11421 (April 8, 1987) (final rule for NSPS
subpart Kb).
---------------------------------------------------------------------------

    A similarly worded requirement (to visually inspect the floating
roof, rim seals, and deck fittings when the tank is emptied and
degassed) is required pursuant to 40 CFR 60.113b(b)(6) for storage
vessels equipped with an EFR. However, this inspection for EFRs is not
mandated to occur at least once every 10 years as is required for
storage vessels equipped with an IFR. This inspection for EFRs is only
required each time the tank is emptied and degassed. Further, other
inspections required for EFRs by 40 CFR 60.113b(b) are conducted while
the tank is in-service. As such, there is no provision in NSPS subpart
Kb that would require a storage vessel equipped with an EFR to empty
and degas for the sole purpose of conducting an inspection.
    Since promulgation of NSPS subpart Kb, the EPA promulgated 40 CFR
part 63, subpart WW, which is applicable to storage vessels containing
organic materials, as part of the generic maximum achievable control
technology standards program for setting national emission standards
for hazardous air pollutants (NESHAP) under CAA section 112. See 64 FR
34854 (June 29, 1999). NESHAP subpart WW was developed for the purpose
of providing consistent EFR and IFR requirements for storage vessels
that could be referenced by multiple NESHAP subparts. Like the NSPS
subpart Kb standards for floating roof tanks, NESHAP subpart WW is
comprised of a combination of design, equipment, work practice, and
operational standards. See proposed rule for NESHAP subpart WW (63 FR
55178, 55196 (October 14, 1998)). Both rules specify monitoring,
recordkeeping, and reporting requirements for storage vessels equipped
with EFR or IFR, and both include numerous requirements for inspections
that occur at least once within certain defined timeframes. See 40 CFR
63.1063 for the IFR and EFR inspection requirements of NESHAP subpart
WW. The inspections required by NESHAP subpart WW are intended to
achieve the same goals as those inspections required by NSPS subpart Kb
(e.g., both rules require visual inspections to check for defects in
the floating roof, rim seals, and deck fittings). Further, NESHAP
subpart WW incorporates technical improvements based on the EPA's
experience with implementation of other NESHAP. For storage vessels
equipped with either an EFR or IFR, as long as there is visual

access (as explained below), NESHAP subpart WW allows that the visual
inspection of the floating roof deck, deck fittings, and rim seals may
be conducted, while the tank remains in-service, from the top-side of
the floating roof (meaning on top of the floating roof, and in the case
of an IFR, under the fixed roof and internal to the tank); this is
referred to as an in-service top-side of the floating roof visual
inspection. In other words, in the case of an IFR, if an owner or
operator has physical access to the inside of the tank above the
floating roof and a floating roof design which allows inspectors to
have visual access to all rim seals and deck fittings of the floating
roof (meaning an inspector can see all the components required to be
inspected) while the storage vessel is in-service, then NESHAP subpart
WW does not require the owner or operator to take the storage vessel
out of service to inspect the floating roof, rim seals, and deck
fittings in accordance with 40 CFR 63.1063(d)(1).\7\ This contrasts
with NSPS subpart Kb, which, as explained above, requires that these
inspections be conducted when the storage vessel is out-of-service
(compare 40 CFR 63.1063(d)(1) with 40 CFR 60.113b(a)(4) and (b)(6)).
---------------------------------------------------------------------------

    \7\ ``The inspection may be performed entirely from the top side
of the floating roof, as long as there is visual access to all deck
components specified in paragraph (a) of this section.'' 40 CFR
63.1063(d)(1).
---------------------------------------------------------------------------

    Based on the EPA's experience, we are aware that at least some
storage vessels subject to NSPS subpart Kb, and equipped with an IFR,
can allow physical access to inside the tank above the floating roof
and have a floating roof design which would allow the owner or operator
to conduct an in-service top-side of the floating roof visual
inspection consistent with the visual access requirement in NESHAP
subpart WW. In recent years, owners or operators of IFR tanks that are
subject to NSPS subpart Kb have submitted requests for alternative
monitoring plans (AMPs), in accordance with 40 CFR 60.13(i), asking to
use internal in-service top-side-of-the-floating-roof visual
inspections consistent with the inspection requirements in NESHAP
subpart WW at 40 CFR 63.1063(d)(1), in lieu of having to empty and
degas the storage vessels. In response to these site-specific
alternative requests, the EPA has required the owner or operator to
demonstrate that the storage vessel design allows physical access to
inside the tank above the floating roof and has a floating roof design
which allows the owner or operator to have visual access to inspect the
floating roof, rim seals, and all deck components. For example, see
Applicability Determination Index letter, control number Z140001 (dated
August 2, 2013) which is available in the docket for this
rulemaking.\8\ EPA Regional offices have been evaluating and approving
similar AMPs, on a case-by-case basis, for years. More recently, EPA
Regional offices have been inundated with hundreds of these types of
AMP requests.
---------------------------------------------------------------------------

    \8\ Other AMPs are available at https://cfpub.epa.gov/adi/.
---------------------------------------------------------------------------

III. Discussion of the Proposed Amendments

A. What actions are we proposing?

    For the reasons discussed in this section, and pursuant to the
EPA's authority under CAA section 111(h), we are proposing amendments
to NSPS subpart Kb in a new paragraph (see proposed 40 CFR
60.110b(e)(5)) that would allow owners or operators of storage vessels
subject to NSPS subpart Kb, and equipped with either an EFR or IFR, the
choice to elect to comply with the requirements specified in NESHAP
subpart WW as an alternative standard, in lieu of the requirements
specified in NSPS subpart Kb. Sources subject to NSPS subpart Kb that
are equipped with either an EFR or IFR that elect to utilize the
proposed alternative standard would comply with all of the requirements
in NESHAP subpart WW instead of the requirements in NSPS subpart Kb
Sec. Sec.  60.112b through 60.117b, subject to certain caveats and
exceptions explained below. Among other things, this proposed
alternative will allow owners or operators of storage vessels subject
to NSPS subpart Kb that are equipped with an IFR, and that can meet the
visual access requirement of NESHAP subpart WW explained above, to
conduct the internal in-service top-side of the floating roof visual
inspection pursuant to NESHAP subpart WW, thereby avoiding the need to
empty and degas the vessel for the sole purpose of conducting the
inspection. While this proposed alternative standard covers more than
just inspection requirements, and is available to all NSPS subpart Kb
sources equipped with either an EFR or IFR, we anticipate that the
benefits associated with avoiding the need to empty and degas the
vessel for the sole purpose of conducting an inspection would be
realized by vessels with an IFR that have visual access. We are not
proposing any changes to the existing standards in either NSPS subpart
Kb or NESHAP subpart WW aside from allowing this alternative standard
for certain sources subject to NSPS subpart Kb. Further, we are not
proposing any changes to the underlying monitoring, reporting, or
recordkeeping requirements in either NSPS subpart Kb or NESHAP subpart
WW (with the exception of some conforming and referencing edits to
recordkeeping and reporting as discussed below), nor are we proposing
any changes to the applicability criteria in NSPS subpart Kb or NESHAP
subpart WW. We are proposing to require that owners or operators that
choose to use this optional alternative continue to use the same NSPS
subpart Kb procedures for all storage vessels when determining
applicability of NSPS subpart Kb; thus, owners or operators that choose
to use this proposed alternative must continue to comply with the
monitoring requirements of 40 CFR 60.116b(a), (c), (e), and (f)(1), and
also must keep other records and furnish other reports (as discussed
below) in addition to all of the requirements specified in 40 CFR
63.1060 through 40 CFR 63.1067 of NESHAP subpart WW. In addition,
because NSPS subpart Kb applies to each single storage vessel (see 40
CFR 60.110b for NSPS subpart Kb applicability and definition of
affected facility), this proposed alternative standard would be
available for each affected facility as defined in NSPS subpart Kb. In
other words, an owner or operator with multiple affected facilities can
choose to use (or not use) the proposed alternative for each individual
affected facility.
    We have determined that the proposed alternative standard is
appropriate because it will achieve a reduction in emissions at least
equivalent to the reduction in emissions achieved under NSPS subpart
Kb, and that the alternative standard is just as stringent as, if not
more stringent than, the underlying standard. First, we note that
numerous NESHAP (e.g., 40 CFR part 63, subparts YY, EEEE, and FFFF)
already reference NESHAP subpart WW because that rule is considered to
be the EPA's flagship standard for EFR and IFR requirements under the
NESHAP program. In developing and promulgating NESHAP subpart WW, the
Agency determined that NESHAP subpart WW is ``largely the same'' and
``similar to existing storage vessel standards'' such as NSPS subpart
Kb (see the memorandum, Rationale for Subpart WW Proposed Rule for
Storage Vessels, which is available in the docket for this rulemaking).
Many NESHAP contain overlap provisions that allow owners or operators
to comply with NESHAP subpart WW alone in lieu of also complying with
NSPS subpart Kb if

the affected source or facility is subject to both NESHAP subpart WW
and NSPS subpart Kb.\9\ However, those overlap provisions do not apply
to storage vessels that are subject only to NSPS subpart Kb without
also being subject to a NESHAP. This proposed alternative standard
would afford these NSPS subpart Kb-only tanks the same option.
---------------------------------------------------------------------------

    \9\ For examples, see 40 CFR 63.1100(g)(1)(ii), 63.2396(a)(3)
and (4), and 63.2535(c).
---------------------------------------------------------------------------

    The storage vessel design, operation, inspection frequency,
inspection procedure, and repair requirements are largely the same
between NESHAP subpart WW and NSPS subpart Kb. However, the
organization and phrasing of the two rules is different. Where they
differ, the requirements in NESHAP subpart WW are clearer and more
stringent than the requirements in NSPS subpart Kb. For example, NSPS
subpart Kb requires that openings in deck fittings for an IFR or EFR be
equipped with devices such that there is no ``visible gap.'' See 40 CFR
60.112b(a)(1)(iv) and (a)(2)(ii). However, NSPS subpart Kb does not
define what it means to have a ``visible gap.'' To avoid any possible
ambiguity associated with the ``visible gap'' language, a maximum gap
width of \1/8\ inch is specified in NESHAP subpart WW (i.e., pursuant
to 40 CFR 63.1063(d)(1)(v) gaps of more than \1/8\ inch between any
deck fitting gasket, seal,\10\ or wiper and any surface that it is
intended to seal constitutes an inspection failure).
---------------------------------------------------------------------------

    \10\ EPA does not apply this 1/8-inch maximum gap width criteria
to rim seals.
---------------------------------------------------------------------------

    Moreover, both NSPS subpart Kb and NESHAP subpart WW have
equivalent rim seal control requirements (for EFRs, both rules require
a liquid-mounted or mechanical shoe primary seal, as well as a
secondary seal; and for IFRs, both rules require a liquid-mounted or
mechanical shoe primary seal, or two seals if the lower seal is vapor-
mounted). Also, both rules require visual floating roof inspections
each time the vessel is emptied and degassed in order to check for
defects in the floating roof, rim seals, and deck fittings (e.g., both
rules generally require owners or operators to check for holes, tears,
or other openings in the rim seal, or covers and lids on deck fittings
that no longer close properly); and both rules require the owner or
operator to repair these defects (if any are found) prior to refilling
the storage vessel with liquid. See 40 CFR 63.1063(d)(1) as compared to
40 CFR 60.113b(a)(4). The IFR and EFR inspection requirements in NESHAP
subpart WW are just as good as, and in some instances, better than, the
inspection requirements in NSPS subpart Kb.
    The proposed alternative standard also provides certain benefits
with respect to certain sources subject to NSPS subpart Kb that are
equipped with an IFR. As previously discussed, for IFR that have visual
access, NESHAP subpart WW allows the 10-year inspection to be conducted
in-service top-side of the floating roof while NSPS subpart Kb requires
that the 10-year inspections be conducted solely when the storage
vessel is out of service, which requires the vessel to be emptied and
degassed. Thus, in some instances, NSPS subpart Kb requires that the
storage vessel be emptied and degassed only for the purpose of
conducting the inspection, whereas the NESHAP subpart WW in-service
inspection option allows a source to perform the requisite inspection
without having to empty and degas the tank. Conducting the in-service
top-side-of-the-floating-roof inspection per NESHAP subpart WW affords
the inspector the same ability to examine all the listed components for
all of the listed defects/inspection failures as if the storage vessel
was emptied and degassed, but avoids the cost and emissions associated
with that empty and degas event.
    Emptying and degassing events are undesirable primarily because
owners or operators must take the storage vessel completely out of
service, which includes additional non-routine labor costs, results in
the need for extra storage capacity, and creates VOC emissions. The
process of taking a storage vessel out of service, emptying the vessel
of all liquid inside, and then degassing the vessel requires labor
hours which results in costs. When storage capacity is strained, there
may be some additional costs (e.g., potential need to reduce
production) associated with taking a storage vessel out of service.
Further, when degassing emissions must be controlled, there are more
costs associated with renting portable control equipment or outsourcing
the degassing controls. Historically, degassing vapors have been vented
to the atmosphere or sent to flares or other control equipment. Thus,
conducting the in-service top-side-of-the-floating-roof inspection per
NESHAP subpart WW rather than taking the storage vessel out of service
reduces both the costs incurred by the owners or operators and the VOC
emissions that are otherwise released during emptying and degassing
events. The mass of VOC emissions associated with degassing will vary
depending on the size of the vapor space, the vapor pressure of the
stored liquid, the amount of residual liquid in the storage vessel, the
degree of saturation in the vapor space when degassing begins, and the
vapor molecular weight. For detailed information about costs and VOC
emissions associated with emptying and degassing events, see the
memorandum, Impacts for Revision of Internal Floating Roof Storage
Vessel (Tank) Inspection Requirements Subject to 40 CFR part 60 subpart
Kb, which is available in the docket for this rulemaking.
    Both rules require repair if defects are found. See NESHAP subpart
WW requirements (40 CFR 63.1063(e)(2)), and NSPS subpart Kb repair
requirements (40 CFR 60.113b(a)(4)).
    This proposed alternative standard does not change the underlying
compliance schedule(s) for events under NSPS subpart Kb or NESHAP
subpart WW, which are either based on the same intervals (e.g., in the
case of annual and 10-year inspections), or are established by NSPS
subpart Kb and referenced from NESHAP subpart WW (e.g., NESHAP subpart
WW requires submittal of certain reports on dates as specified in the
``referencing'' subpart, which, in the case of the alternative, would
be NSPS subpart Kb). Furthermore, under this proposed alternative the
applicability criteria of NSPS subpart Kb at 40 CFR 60.110b continue to
apply as do the General Provisions to 40 CFR part 60 (e.g., 40 CFR
60.7(a)). A new source subject to NSPS subpart Kb would have the
choice, at startup, of which standard would apply; either NSPS subpart
Kb or NESHAP subpart WW. After that, the owner or operator would
continue to follow the standard they have chosen to comply with until
they notify the EPA of a change (if they choose to change) consistent
with the process discussed below.
    We are also proposing that the compliance schedule for events does
not reset upon switching between standards. By way of example, we use
the scenario of an owner or operator of a storage vessel with an IFR
who conducted the ``through manholes and roof hatches'' inspection
(required at least once every 12 months) in accordance with NSPS
subpart Kb, 40 CFR 60.113b(a)(2). Subsequent to that inspection, but
before the next 12-month inspection is due to be conducted in
accordance with the compliance schedule in 40 CFR 60.113b(a)(2), the
owner or operator chooses to switch to the alternative standard.
Considering this example, we are proposing that the first annual
inspection conducted under NESHAP subpart WW, 40 CFR
63.1063(c)(1)(i)(A) must occur within 12 months of the

prior inspection that was conducted under NSPS subpart Kb. The EPA is
proposing this to ensure that choosing to utilize the alternative
standard does not negate or extend the timing of a compliance event.
    We are also proposing to require that the owner or operator notify
the Administrator at least 30 days before the first inspection is
conducted under the alternative standard of NESHAP subpart WW, no
matter the type of inspection. After this notification is submitted to
the Administrator, we are proposing to require that the owner or
operator continue to comply with the alternative standard until the
owner or operator submits another notification to the Administrator
indicating the affected facility is choosing to switch back to use the
NSPS subpart Kb requirements at 40 CFR 60.112b through 60.117b instead
of the alternative standard. While under this proposal sources have the
option to switch back and forth between NSPS subpart Kb and the
alternative standard of NESHAP subpart WW, this notification process
would repeat each time a source opts to switch. This notification
system will allow the EPA to keep track of which sources subject to
NSPS subpart Kb are choosing to utilize the alternative standard so
that it is clear which standard applies when determining compliance.
    Moreover, we are proposing to require that copies of all records
and reports kept pursuant to 40 CFR 60.115b(a) and (b) (i.e., those
record and reports kept under NSPS subpart Kb before choosing to switch
to the alternative standard) must be kept for 2 years from the date of
submittal of the inspection notification described above irrespective
of the retention schedule in 40 CFR 60.115b. Put another way, if a
source chooses to switch from NSPS subpart Kb to NESHAP subpart WW,
then that source must retain the records that it was keeping under NSPS
subpart Kb, at the time of the switch, for 2 years from the date of the
switch (based on the 2-year requirement in 40 CFR 60.115b). We believe
this is important to ensure that records and reports are maintained for
the full retention period under NSPS subpart Kb when sources choose to
utilize the alternative standard. Likewise, if a source chooses to
switch back to NSPS subpart Kb after using the alternative standard,
then the source would be required to retain records that it was keeping
under NESHAP subpart WW, at the time of the switch, for 5 years from
the date of the switch (based on the 5-year requirement in 40 CFR
63.1065). These additional retention periods are necessary because
without these records and reports, then a source's compliance status,
and the underlying applicable compliance dates, for the period before
the source chose the alternative could be difficult to discern and,
therefore, enforce. Moreover, we are proposing two exceptions to the
reporting requirements of 40 CFR 63.1066 for sources that choose to
utilize the alternative standard. First, we are proposing to require
that the notification of initial startup required under 40 CFR
63.1066(a)(1) and (2) be submitted as an attachment to the notification
required by 40 CFR 60.7(a)(3). Second, because 40 CFR 63.1066 uses the
phrasing ``in the periodic report specified in the referencing
subpart'' and NSPS subpart Kb does not have requirements for periodic
reports, we are proposing that the reference to the periodic reports,
if an inspection failure occurs as specified in 40 CFR 63.1066(b)(2),
means that the owner or operator is required to submit inspections
results within 60 days of the initial gap measurements required by 40
CFR 63.1063(c)(2)(i) and within 30 days of all other inspections
required by 40 CFR 63.1063(c)(1) and (2).
    While, as explained above, we believe allowing for this proposed
alternative standard will be most helpful to a certain subcategory of
storage vessels subject to NSPS subpart Kb (i.e., storage vessels
equipped with IFRs that have visual access to all deck components), it
is both more equitable and efficient to amend NSPS subpart Kb to allow
use of this alternative for all floating roof tanks subject to NSPS
subpart Kb (EFR and IFR). The alternative standard, if finalized as
proposed, should alleviate the need for many pending AMP requests,
thereby reducing the administrative burden on EPA Regional offices as
well as AMP requesters. The alternative would also provide flexibility
for the regulated community, reduce emissions of VOC caused by
degassing, and reduce the burden (cost of labor hours) on owners or
operators associated with emptying and degassing.

B. What compliance dates are we proposing?

    In accordance with CAA section 111(b)(1)(B), if finalized, the
proposed revisions would become effective, and owners or operators may
begin using the alternative standard, immediately upon publication of
the final rule in the Federal Register.

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

    We estimate that there are currently 8,753 storage vessels subject
to NSPS subpart Kb. For details about this estimate and for information
regarding how many of these storage vessels the EPA predicts may choose
to utilize the proposed alternative standard, refer to the memorandum,
Impacts for Revision of Internal Floating Roof Storage Vessel (Tank)
Inspection Requirements Subject to 40 CFR Part 60 Subpart Kb, which is
available in the docket for this rulemaking.

B. What are the air quality impacts?

    We estimate that nationwide VOC emissions reductions would range
from 65.8 tons per year (tpy) to 83.3 tpy as a result of the proposed
amendments. These emissions reductions are documented in the
memorandum, Impacts for Revision of Internal Floating Roof Storage
Vessel (Tank) Inspection Requirements Subject to 40 CFR Part 60 Subpart
Kb, which is available in the docket for this rulemaking.

C. What are the cost impacts?

    We estimate that the proposed amendments will result in a
nationwide net cost savings of between $768,000 and $1,091,000 per year
(in 2019 dollars). For further information on the cost savings
associated with the proposed amendments, see the memorandum, Impacts
for Revision of Internal Floating Roof Storage Vessel (Tank) Inspection
Requirements Subject to 40 CFR Part 60 Subpart Kb, which is available
in the docket for this rulemaking.

D. What are the economic impacts?

    As noted earlier, we estimated a nationwide cost savings associated
with the proposed amendments. Therefore, we do not expect the actions
in this proposed rulemaking to result in business closures, significant
price increases or decreases in affected output, or substantial profit
loss. For more information, refer to the Economic Impact Analysis for
the Proposed Alternative Standard Available to Floating Roof Storage
Vessels (Tanks) Subject to 40 CFR Part 60 Subpart Kb, which is in the
docket for this rulemaking.

E. What are the benefits?

    The EPA did not monetize the benefits from the estimated emission
reductions of VOC associated with this proposed action. However, we
expect this proposed action would provide

benefits associated with VOC emission reductions.

V. Request for Comments

    The EPA is soliciting comment on the discrete proposed change to
NSPS subpart Kb that would allow affected storage vessels equipped with
either an EFR or IFR to voluntarily elect to comply with the
requirements specified in NESHAP subpart WW, as an alternative
standard, in lieu of the requirements of NSPS subpart Kb. We are
considering only the use of the proposed alternative standard that is
discussed in this preamble. We are not soliciting comment on, nor do we
intend to make changes to, any other provisions of NSPS subpart Kb or
NESHAP subpart WW aside from incorporating this proposed alternative
standard.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the EPA's analysis of the potential costs and benefits
associated with this action.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 1854.12. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here.
    See section III.A of this preamble (``What actions are we
proposing?'') for a description of the proposed alternative standard.
Information about inspection activities related to NSPS subpart Kb is
collected to assure compliance with NSPS subpart Kb. Most of the costs
associated with the proposed alternative standard are associated with
labor hours. The time needed to conduct an in-service top-side-of-the-
floating-roof visual inspection pursuant to the requirements in NESHAP
subpart WW is expected to be less than the time needed to complete an
out-of-service inspection pursuant to NSPS subpart Kb. Therefore, we
anticipate a cost savings. This ICR documents the incremental burden
imposed by the proposed amendments only. In summary, there is a
decrease in the burden (labor hours) documented in this ICR due a
reduction in the number of respondents (storage vessels subject to NSPS
subpart Kb) that would be required to empty and degas their storage
vessels equipped with an IFR.
    Respondents/affected entities: Owners or operators of storage
vessels constructed after July 23, 1984, that have capacity greater
than or equal to 75 m\3\ used to store volatile organic liquids
(including petroleum liquids) with a true vapor pressure greater than
or equal to 3.5 kPa, and storage vessels constructed after July 23,
1984, that have capacity between 75 and 151 m\3\ capacity for which the
true vapor pressure of the stored liquid is greater than or equal to 15
kPa.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart Kb, and 40 CFR part 63, subpart WW).
    Estimated number of respondents: 385 facilities.
    Frequency of response: Variable (storage vessel specific).
    Total estimated burden: A reduction of 6,210 hours (per year).
Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: A savings of $930,000 (per year), includes a
savings of $466,000 annualized capital or operation and maintenance
costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden to the EPA using the docket identified
at the beginning of this rule. You may also send your ICR-related
comments to OMB's Office of Information and Regulatory Affairs via
email to<EMAIL_ADDRESS>Attention: Desk Officer for the
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after receipt, OMB must receive comments no
later than November 16, 2020. The EPA will respond to any ICR-related
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The proposed
alternative standard is optional; therefore, small entities are not
required to comply with the proposed alternative.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a

significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
Although the proposed alternative is optional, the alternative standard
is at least as stringent as the current applicable requirements.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Reporting and
recordkeeping requirements, Volatile organic compounds.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR part 60 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Kb--Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for
Which Construction, Reconstruction, or Modification Commenced After
July 23, 1984

0
2. Section 60.110b is amended by adding paragraph (e)(5) to read as
follows:

Sec.  60.110b  Applicability and designation of affected facility.

* * * * *
    (e) * * *
    (5) Option to comply with part 63, subpart WW, of this chapter.
Except as specified in paragraphs (e)(5)(i) through (iv) of this
section, owners or operators may choose to comply with 40 CFR part 63,
subpart WW, to satisfy the requirements of Sec. Sec.  60.112b through
60.117b for storage vessels either with a design capacity greater than
or equal to 151 m\3\ containing a VOL that, as stored, has a maximum
true vapor pressure equal to or greater than 5.2 kPa but less than 76.6
kPa, or with a design capacity greater than or equal to 75 m\3\ but
less than 151 m\3\ containing a VOL that, as stored, has a maximum true
vapor pressure equal to or greater than 27.6 kPa but less than 76.6
kPa.
    (i) The general provisions in subpart A of this part apply instead
of the general provisions in subpart A of part 63 of this chapter.
    (ii) Where terms are defined in both this subpart and 40 CFR part
63, subpart WW, the definitions in this subpart apply.
    (iii) Owners or operators who choose to comply with 40 CFR part 63,
subpart WW, also must comply with the monitoring requirements of Sec.
60.116b(a), (c), (e), and (f)(1), except as specified in paragraphs
(e)(5)(iii)(A) through (C) of this section.
    (A) The reference to all records applies only to the records
required by Sec.  60.116b(c);
    (B) The reference to Sec.  60.116b(b) does not apply; and
    (C) The reference to Sec.  60.116b(g) does not apply.
    (iv) Owners or operators who choose to comply with 40 CFR part 63,
subpart WW, must also keep records and furnish reports as specified in
paragraphs (e)(5)(iv)(A) through (F) of this section.
    (A) For each affected facility, the owner or operator must notify
the Administrator at least 30 days before the first inspection is
conducted under 40 CFR part 63, subpart WW. After this notification is
submitted to the Administrator, the owner or operator must continue to
comply with the alternative standard described in this paragraph (e)(5)
until the owner or operator submits another notification to the
Administrator indicating the affected facility is using the
requirements of Sec. Sec.  60.112b through 60.117b instead of the
alternative standard described in this paragraph (e)(5). The compliance
schedule for events does not reset upon switching between compliance
with this subpart and 40 CFR part 63, subpart WW.
    (B) Keep a record of each affected facility using the alternative
standard described in this paragraph (e)(5) when conducting an
inspection required by Sec.  63.1063(c)(1) of this chapter and submit
with the report required under Sec.  63.1066 of this chapter.
    (C) Keep a record of each affected facility using the alternative
standard described in this paragraph (e)(5) when conducting an
inspection required by Sec.  63.1063(c)(2) of this chapter and submit
with the report required under Sec.  63.1066 of this chapter.
    (D) Copies of all records and reports kept pursuant to Sec.
60.115b(a) and (b) that have not met the 2 year record retention
required by the introductory text of Sec.  60.115b must be kept for an
additional 2 years after the date of submittal of the inspection
notification specified in paragraph (e)(5)(iv)(A) of this section,
indicating the affected facility is using the requirements of 40 CFR
part 63, subpart WW.
    (E) Copies of all records and reports kept pursuant to Sec.
63.1065 of this chapter that have not met the 5-year record retention
required by the introductory text of Sec.  63.1065 must be kept for an
additional 5 years after the date of submittal of the notification
specified in paragraph (e)(5)(iv)(A) of this section, indicating the
affected facility is using the requirements of Sec. Sec.  60.112b
through 60.117b.
    (F) The following exceptions to the reporting requirements of Sec.
63.1066 of this chapter apply:
    (1) The notification of initial startup required under Sec.
63.1066(a)(1) and (2) of this chapter must be submitted as an
attachment to the notification required by Sec. Sec.  60.7(a)(3) and
60.115b(a)(1);
    (2) The reference in Sec.  63.1066(b)(2) of this chapter to
periodic reports ``when inspection failures occur'' means to submit
inspections results within 60 days of the initial gap measurements
required by Sec.  63.1063(c)(2)(i) of this chapter and within 30 days
of all other inspections required by Sec.  63.1063(c)(1) and (2) of
this chapter.

[FR Doc. 2020-22568 Filed 10-15-20; 8:45 am]
BILLING CODE 6560-50-P