Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules 6589 

5080, Alexandria, Virginia 22314 and to 

the (2) Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, at 

www.reginfo.gov/public/do/PRAMain. 

Select ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, the 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the principles 

of the executive order. This rulemaking 

will not have a substantial direct effect 

on the states, on the connection between 

the national government and the states, 

or on the distribution of power and 

responsibilities among the various 

levels of government. The NCUA has 

determined that this proposal does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

Assessment of Federal Regulations and 

Policies on Families 

The NCUA has determined that this 

proposed rule will not affect family 

well-being within the meaning of 

section 654 of the Treasury and General 

Government Appropriations Act, 1999, 

Public Law 105–277, 112 Stat. 2681 

(1998). 

List of Subjects in 12 CFR Part 748 

Security program, report of suspected 

crimes, suspicious transactions, 

catastrophic acts and Bank Secrecy Act 

compliance. 

By the National Credit Union 

Administration Board on December 17, 2020. 

Melane Conyers-Ausbrooks, 

Secretary of the Board. 

For the reasons discussed in the 

preamble, the Board proposes to amend 

12 CFR part 748, as follows: 

PART 748—SECURITY PROGRAM, 

REPORT OF SUSPECTED CRIMES, 

SUSPICIOUS TRANSACTIONS, 

CATASTROPHIC ACTS AND BANK 

SECRECY ACT COMPLIANCE 

■ 1. The authority citation for part 748 

continues to read as follows: 

Authority: 12 U.S.C. 1766(a), 1786(q); 15 

U.S.C. 6801–6809; 31 U.S.C. 5311 and 5318. 

■ 2. Amend § 748.1 by adding new 

paragraph (c)(7) to read as follows: 

§ 748.1 Filing of reports. 

* * * * * 

(c) Suspicious Activity Report. * * * 

(7) Exemptions. 

(i) The NCUA may exempt any 

federally insured credit union from the 

requirements of paragraph (c) of this 

section. Upon receiving a written 

request from a federally insured credit 

union, the NCUA will determine 

whether the exemption is consistent 

with safe and sound practices, and may 

consider other appropriate factors. The 

NCUA will also seek FinCEN’s 

determination whether the exemption is 

consistent with the purposes of the 

BSA, if applicable. The exemption shall 

be applicable only as expressly stated in 

the exemption, may be conditional or 

unconditional, may apply to particular 

persons or to classes of persons, and 

may apply to transactions or classes of 

transactions. The NCUA will seek 

FinCEN’s concurrence with regard to 

any exemption request that would also 

require an exemption from the 

requirements of FinCEN’s SAR 

regulations, and may consult with 

FinCEN regarding other exemption 

requests. The NCUA also may consult 

with the other state and federal banking 

agencies and consider comments before 

granting any exemption. 

(ii) The NCUA will provide a written 

response to the federally insured credit 

union that submitted the exemption 

request after considering whether the 

exemption is consistent with safe and 

sound banking, consulting with the 

appropriate agencies, and seeking 

concurrence when appropriate. A 

federally insured credit union that has 

received an exemption under paragraph 

(i) of this section may rely on the 

exemption for a period of time to be 

communicated by the NCUA in its 

granting of the exemption, which may 

indefinite. The NCUA may extend the 

period of time or may revoke an 

exemption granted under paragraph (i) 

of this section. Exemptions may be 

revoked at the sole discretion of the 

NCUA. The NCUA will provide written 

notice to the federally insured credit 

union of the NCUA’s intention to revoke 

an exemption. Such notice will include 

the basis for the revocation and will 

provide an opportunity for the federally 

insured credit union to submit a 

response to the NCUA. The NCUA will 

consider the credit union’s response 

prior to deciding whether to revoke an 

exemption and will notify the federally 

insured credit union of the NCUA’s 

decision to revoke an exemption in 

writing. 

[FR Doc. 2021–00048 Filed 1–21–21; 8:45 am] 

BILLING CODE 7535–01–P 

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. 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS
6590 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules 

1 40 CFR part 60, subpart XX is the federal NSPS 

containing standards of performance for bulk 

gasoline terminals. 

2The 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 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. 

3EPA 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. 

4The 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.’’ 

5The 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.’’ 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-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 SIPapproved 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 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 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. 

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)). 

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 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 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules 6591 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0327; FRL–10018– 

02-Region 1] 

Air Plan Approval; Maine; 

Infrastructure State Implementation 

Plan Requirements for the 2015 Ozone 

Standard and Negative Declaration for 

the Oil and Gas Industry for the 2008 

and 2015 Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maine. This revision addresses the 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS). Today’s proposed action 

includes all elements of these 

infrastructure requirements except for 

the ‘‘Good Neighbor’’ or ‘‘transport’’ 

provisions, which will be addressed in 

a future action. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

EPA is also proposing to approve 

State of Maine submittals of 

amendments to Chapter 110, Ambient 

Air Quality Standards, and of statutory 

conflict-of-interest provisions in 38 

Maine Revised Statutes Annotated 

(MRSA) Section 341–A and 341–C. 

These two submittals support the state’s 

infrastructure submittal for the 2015 

ozone NAAQS. 

In addition, we are proposing to 

convert previous conditional approvals 

of the sub-element of section 

110(a)(2)(E) that addresses State Board 

Requirements in Maine’s infrastructure 

SIPs for the 2008 ozone; 2008 lead (Pb); 

2010 nitrogen dioxide (NO2); 2010 

sulfur dioxide (SO2); 1997, 2006, and 

2012 fine particle (PM2.5) NAAQS to full 

approvals. We are also proposing to 

convert to full approval previous 

conditional approvals of section 

110(a)(2)(A) (Emission limits and other 

control measures) in Maine’s 


jbell on DSKJLSW7X2PROD with PROPOSALS