Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5013 

requirements, definitions, and selection 

criteria will impose no burden on small 

entities unless they applied for funding 

under the program. We expect that in 

determining whether to apply for PN 

program funds, an applicant will 

evaluate the requirements of preparing 

an application and any associated costs, 

and weigh them against the benefits 

likely to be achieved by receiving a PN 

program grant. An applicant will 

probably apply only if it determines that 

the likely benefits exceed the costs of 

preparing an application. 

We believe that the priorities, 

requirements, definitions, and selection 

criteria will not impose any additional 

burden on a small entity applying for a 

grant than the entity would face in the 

absence of this regulatory action. That 

is, the length of the applications those 

entities would submit in the absence of 

this regulatory action and the time 

needed to prepare an application would 

likely be the same. 

This regulatory action will not have a 

significant economic impact on a small 

entity once it receives a grant because it 

will be able to meet the costs of 

compliance using the funds provided 

under this program. 

Paperwork Reduction Act of 1995: 

The proposed priorities, requirements, 

definitions, and selection criteria 

contain information collection 

requirements that are approved by OMB 

under OMB control number 1894–0006; 

the proposed priorities, requirements, 

definitions, and selection criteria do not 

affect the currently approved data 

collection. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides early notification of 

our specific plans and actions for this 

program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at: 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Frank T. Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2021–00902 Filed 1–15–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2020–0372; FRL–10019–21– 

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: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is finalizing 

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 finalizing 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: The final rule is effective on 

January 19, 2021. 

ADDRESSES: 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 on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available electronically on 

the https://www.regulations.gov/ 

website. 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. 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 Center for 

Disease Control, local area health 

departments, and our federal partners so 

that we can respond rapidly as 

conditions change regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final 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: (919) 541– 

2214; fax number: (919) 541–0516; and 

email address: feinberg.stephen@

epa.gov. 

SUPPLEMENTARY INFORMATION: 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: 

CAA Clean Air Act 

CFR Code of Federal Regulations 

EFR external floating roof 

EPA Environmental Protection Agency 

ICR Information Collection Request 

IFR internal floating roof 

kPa kilopascals 

m3 cubic meters 


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5014 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

NAICS North American Industry 

Classification System 

NESHAP national emission standards for 

hazardous air pollutants 

NSPS new source performance standards 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

tpy tons per year 

VOC volatile organic compound(s) 

Background information. On October 

16, 2020, the EPA proposed revisions 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. 85 FR 

65774. In this action, the EPA is 

finalizing decisions and revisions for 

the rule. We summarize the in-scope 

comments we timely received regarding 

the proposed rule and provide our 

responses in this preamble. A ‘‘track 

changes’’ version of the regulatory 

language that incorporates the changes 

in this action is available in the docket. 

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? 

C. Judicial Review and Administrative 

Reconsideration 

II. Background and Final Amendments 

III. Public Comments and Responses 

IV. Impacts of the Final Rule 

A. What are the air quality impacts? 

B. What are the cost impacts? 

C. What are the economic impacts? 

D. What are the benefits? 

V. 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 

L. Congressional Review Act (CRA) 

I. General Information 

A. Does this action apply to me? 

Regulated entities. Categories and 

entities potentially affected by this 

action are shown in Table 1 of this 

preamble. 

TABLE 1—EXAMPLES OF POTENTIALLY AFFECTED ENTITIES BY CATEGORY

Category NAICS code 1 Examples of 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 this action. To determine 

whether your entity is affected by this 

action, you should carefully examine 

the applicability criteria found in the 

final rule. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section of this preamble, your 

delegated authority, or your EPA 

Regional representative listed in 40 CFR 

60.4 (General Provisions). 

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 final 

action will be available on the internet. 

Following signature by the EPA 

Administrator, the EPA will post a copy 

of this final action at https://

www.epa.gov/stationary-sources-airpollution/volatile-organic-liquidstorage-vessels-including-petroleumstorage. Following publication in the 

Federal Register, the EPA will post the 

Federal Register version of the final rule 

and key technical documents at this 

same website. 

C. Judicial Review and Administrative 

Reconsideration 

Under Clean Air Act (CAA) section 

307(b)(1), judicial review of this final 

action is available only by filing a 

petition for review in the United States 

Court of Appeals for the District of 

Columbia Circuit by March 22, 2021. 

Under CAA section 307(b)(2), the 

requirements established by this final 

rule may not be challenged separately in 

any civil or criminal proceedings 

brought by the EPA to enforce the 

requirements. 

Section 307(d)(7)(B) of the CAA 

further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

the EPA to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment, (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. Environmental 

Protection Agency, Room 3000, WJC 

West Building, 1200 Pennsylvania Ave. 

NW, Washington, DC 20460, with a 

copy to both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

II. Background and Final Amendments 

Pursuant to the EPA’s authority under 

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 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5015 

1All 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). 

2A fixed roof storage vessel consists of a 

cylindrical steel shell with a permanently affixed 

roof, which may vary in design from cone or domeshaped to flat. 

3Numerous 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. 

4For 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-andquantification/ap-42-compilation-air-emissionsfactors. 

5 ‘‘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). 

cubic meters (m3) 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 m3 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, 40 CFR 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 opentop 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). 

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

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 inservice, 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 inservice, 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).5 This contrasts with 

NSPS subpart Kb, which, as explained 

in the proposed rule, 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)). 

Pursuant to the EPA’s authority under 

CAA section 111(h), we proposed 

amendments to NSPS subpart Kb in a 

new paragraph (see proposed 85 FR 

65782—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. 85 FR 65774 (October 

16, 2020). Sources subject to NSPS 

subpart Kb that are equipped with either 

an EFR or IFR that elect to utilize the 

alternative standard would comply with 

all of the requirements in NESHAP 

subpart WW instead of the requirements 

in NSPS subpart Kb, 40 CFR 60.112b 

through 60.117b, subject to certain 

caveats and exceptions explained in the 

proposed rule and below. Among other 

things, this alternative allows 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. Further, we 

are not changing the underlying 

monitoring, reporting, or recordkeeping 

requirements in either NSPS subpart Kb 

or NESHAP subpart WW (with the 


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5016 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

exception of some conforming and 

referencing edits to recordkeeping and 

reporting as discussed in the proposed 

rule and below), nor are we changing 

the applicability criteria in NSPS 

subpart Kb or NESHAP subpart WW. 

We are requiring that owners or 

operators that choose to use this 

optional alternative standard 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 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 in the proposed rule and 

below) in addition to all of the 

requirements specified in 40 CFR 

63.1060 through 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 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 

alternative for each individual affected 

facility. 

After considering the public 

comments received, the EPA is 

finalizing the amendments that were 

proposed with minimal changes as a 

result of comments. We are clarifying 

that the notification for switching to or 

from the alternative standard is only 

required for the initial inspection after 

the switch. We are also correcting 

typographical errors in NSPS subpart Kb 

that inadvertently referenced the wrong, 

nonexistent subparts. 

III. Public Comments and Responses 

This section presents a summary of 

the relevant public comments received 

on the proposed amendments and the 

EPA’s responses. The EPA received five 

relevant public comments on the 

proposed amendments, some of which 

contained portions that were out of 

scope, and one comment that was 

entirely out of scope. The comments can 

be obtained online from the Federal 

Docket Management System at https://

www.regulations.gov/. 

Comment: One commenter stated that 

the EPA should consider increasing the 

required frequency of inspections under 

the alternative standard, and that the 

EPA did not offer strong evidence of 

equivalence between the NSPS subpart 

Kb requirements and the alternative 

standard. 

Response: As discussed in section 

III.A of the preamble to the proposed 

rule, EPA determined that the 

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. This 

determination was based upon the 

premise that the proposal would not 

change the underlying compliance 

schedule(s) for events (inspections) 

under NSPS subpart Kb or NESHAP 

subpart WW. The EPA did not solicit 

comment on, nor did we intend to make 

changes to, any other provisions of 

NSPS subpart Kb or NESHAP subpart 

WW, including the frequency of 

inspections required by each of those 

subparts. Further, the EPA referenced 

and provided background 

documentation in the docket to support 

this equivalency determination (see 

Docket Item No. EPA–HQ–OAR–2020– 

0372–0004). The commenter did not 

explain how the EPA’s support of the 

proposed equivalency determination 

was inadequate or provide any evidence 

to support the claimed need of 

increased inspection frequency. While 

the commenter states that ‘‘empty vessel 

inspections’’ are ‘‘potentially more 

comprehensive,’’ they offer no 

explanation for this claim and do not 

dispute the EPA’s explanation that 

‘‘[c]onducting the in-service top-side-ofthe-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.’’ 85 FR 65779. Therefore, the 

EPA does not find it necessary to 

increase the required frequency of 

inspections under the alternative 

standard in order to determine 

equivalency for the multiple reasons 

stated in section III.A of the proposal 

preamble which are not repeated here. 

Comment: One commenter suggested 

that the EPA consider including 

additional context for the Agency’s 

explanation regarding the emission 

reduction potential of allowing 

compliance with the alternative 

standard. 

Response: The EPA has already 

included a document in the docket 

titled ‘‘Impacts for Revision of Internal 

Floating Roof Storage Vessel (Tank) 

Inspection Requirements Subject to 40 

CFR part 60 Subpart Kb’’ (Docket Item 

No. EPA–HQ–OAR–2020–0372–0005) 

that explains the air quality impacts of 

the proposal. This document explains 

emission releases from tank emptying 

and degassing events and includes 

national impact estimates of the 

potential emissions avoided by the 

proposal in terms of tons per year (tpy) 

of VOC. This document already 

includes information that the 

commenter suggests should be added. 

Further, the commenter did not provide 

any explanation as to why it believes 

the documentation in the docket at 

proposal provided inadequate context 

for understanding the predicted 

emissions reductions associated with 

the proposed alternative standard. 

Therefore, the EPA does not find it 

necessary to conduct any additional 

analysis of the air quality impacts 

associated with the alternative standard. 

Comment: Several commenters 

recommended clarifying that the 

proposed revisions (the alternative 

standard) can be used by sources subject 

to other regulations that reference NSPS 

subpart Kb, such as the National 

Emission Standard for Benzene Waste 

Operations and the Gasoline 

Distribution MACT. The commenters 

noted that some emission standards that 

reference NSPS subpart Kb do not have 

the same design capacity and vapor 

pressure thresholds for requiring control 

as NSPS subpart Kb yet still require 

compliance with NSPS subpart Kb. The 

commenter suggested that the language 

of the proposed revisions be changed to 

be inclusive of storage vessels subject to 

those referencing standards. 

Response: The EPA did not propose to 

allow the alternative standard for any 

sources aside from those that meet the 

applicability criteria in 40 CFR 60.110b 

and which are equipped with either an 

IFR or EFR pursuant to 40 CFR 

60.112b(a)(1) or (2). If the EPA were to 

make the alternative standard available 

to sources that comply with NSPS 

subpart Kb via a referencing subpart as 

commenters suggest, then the EPA 

would first need to conduct a detailed 

analysis of how each potential 

referencing subpart references NSPS 

subpart Kb. The EPA would then need 

to include conforming regulations in 

this rulemaking for recordkeeping, 

reporting, and applicability of general 

provisions as needed for those 

referencing subparts. These timeconsuming analyses and associated 

regulatory amendments are outside the 

scope of this limited rulemaking. 

Therefore, we are not making changes to 

the criteria for storage vessels allowed to 

use the alternative standard at this time. 

However, the EPA will consider 

addressing the commenters’ suggestion 

should the Agency decide to propose 

additional amendments to NSPS subpart 


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Kb in the future via a different 

rulemaking process. 

Comment: Several commenters 

recommended clarifying the reporting 

requirements of the proposed revisions. 

The commenters stated that the 

proposed revisions at 40 CFR 

60.110b(e)(5)(iv)(B) and (C) require that 

each affected facility using the 

alternative standard submit reports 

under 40 CFR 63.1066 of NESHAP 

subpart WW; however, it was unclear 

when these reports need to be 

submitted. The commenter stated that it 

was unclear whether these reports 

should be submitted only with the first 

inspection using the alternative 

standard or with every subsequent 

inspection as well. The commenter 

stated that if the report was only 

required for the first inspection, this 

would be redundant with the reporting 

requirement in 40 CFR 

60.110b(e)(5)(iv)(A). Alternatively, if 

this requirement were for every 

inspection, this requirement would 

conflict with the requirement in 40 CFR 

60.110b(e)(5)(iv)(F)(2) to submit 

inspection reports only when inspection 

failures occur. 

Response: The EPA intended to 

require only the initial notification that 

occurs after electing to comply with the 

alternative standard under 40 CFR 

60.110b(e)(5)(iv)(A). Therefore, we agree 

with the commenters’ suggestion to 

remove the proposed provision that 

would have required inclusion of this 

notification with subsequent reports and 

have made the corresponding changes 

in the final rule language. 

Comment: Several commenters 

suggested clarifying the reporting 

frequency in the proposed revisions. 

The commenters stated that maintaining 

the reporting frequency of NSPS subpart 

Kb ‘‘could lead to inconsistent and 

duplicative reporting requirements 

which . . . EPA has repeatedly 

acknowledged impose unnecessary 

burden with no environmental benefit,’’ 

and that the EPA should allow semiannual reporting frequency. The 

commenters stated that a semi-annual 

reporting requirement would be more 

consistent with reporting requirements 

established after the promulgation of 

NSPS subpart Kb in 1987. They also 

stated that the EPA allows storage 

vessels subject to both NSPS subpart Kb 

and a NESHAP to submit compliance 

reports on a semi-annual basis. 

Response: As the EPA explained in 

section V of the proposed amendments, 

the Agency did not solicit comment on, 

nor did we intend to make changes to, 

any other provisions of NSPS subpart 

Kb or NESHAP subpart WW aside from 

incorporating the proposed alternative 

standard. As such, the EPA is not 

modifying the reporting schedule for 

NSPS subpart Kb because such a change 

would be outside the scope of this 

limited rulemaking which was intended 

only to incorporate the proposed 

alternative standard. It was not the 

EPA’s intent to make changes to the 

underlying reporting schedules in NSPS 

subpart Kb. However, the EPA will 

consider addressing the commenters’ 

suggestion should the Agency decide to 

propose additional amendments to 

NSPS subpart Kb in the future via a 

different rulemaking process. 

Comment: Several commenters 

recommended clarifying the inspection 

deadlines of the alternative standard. 

The commenters stated that the EPA 

should allow inspections to occur at any 

point within the specified calendar 

period (e.g., within each calendar year 

rather than a specific 1-year interval), 

provided that a minimum amount of 

time has passed since the last 

inspection. 

Response: As the EPA explained in 

section V of the proposed amendments, 

the Agency did not solicit comment on, 

nor did we intend to make changes to, 

any other provisions of NSPS subpart 

Kb or NESHAP subpart WW aside from 

incorporating the proposed alternative 

standard. As such, the EPA is not 

modifying the inspection schedule 

requirements for NSPS subpart Kb 

because such a modification would be 

outside the scope of this limited 

rulemaking which was intended only to 

incorporate the proposed alternative 

standard. It was not the EPA’s intent to 

make changes to the underlying 

inspection schedules in NSPS subpart 

Kb. However, the EPA will consider 

addressing the commenters’ suggestion 

should the Agency decide to propose 

additional amendments to NSPS subpart 

Kb in the future via a different 

rulemaking process. 

Comment: One commenter suggested 

that the EPA make technical corrections 

to 40 CFR 60.115b(a)(4) and (b) to 

correct previous inadvertent errors in 

citations. 

Response: The EPA agrees with the 

commenter and has corrected 40 CFR 

60.115b(a)(4) to reference 40 CFR 

60.112b(a)(1) and 40 CFR 60.115b(b) to 

reference 40 CFR 60.112b(a)(2). While 

this comment and the EPA’s associated 

revisions do not fit squarely within the 

scope of the proposal to incorporate the 

alternative standard, and do address a 

separate provision of NSPS subpart Kb 

unrelated to the alternative standard, 

the EPA found it appropriate to make 

these changes because commenters 

identified a genuine typographical error. 

The EPA’s revisions here will not alter 

how sources and/or the Agency have 

been implementing NSPS subpart Kb in 

any way. The EPA finds it appropriate 

and convenient to use this rulemaking 

to correct the inadvertent typographical 

error. 

IV. Impacts of the Final Rule 

A. What are the air quality impacts? 

We estimate that nationwide VOC 

emissions reductions would range from 

65.8 tpy to 83.3 tpy as a result of the 

amendments. As explained at proposal, 

the alternative standard allows owners 

or operators to avoid emptying and 

degassing storage vessels in order to 

perform certain inspections, thereby 

reducing emissions caused by degassing 

vapors which have historically been 

vented to the atmosphere or sent to 

control equipment. These emissions 

reductions were documented in the 

memorandum, Impacts for Revision of 

Internal Floating Roof Storage Vessel 

(Tank) Inspection Requirements Subject 

to 40 CFR part 60 Subpart Kb (see 

Docket ID No. EPA–HQ–OAR–0372– 

0005). 

B. What are the cost impacts? 

We estimate that the 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 amendments, see 

the memorandum, Impacts for Revision 

of Internal Floating Roof Storage Vessel 

(Tank) Inspection Requirements Subject 

to 40 CFR part 60 Subpart Kb (see 

Docket ID No. EPA–HQ–OAR–0372– 

0005). 

C. What are the economic impacts? 

As noted earlier, we estimated a 

nationwide cost savings associated with 

the amendments. Therefore, we do not 

expect the actions in this 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. 

D. What are the benefits? 

The EPA did not monetize the 

benefits from the estimated emission 

reductions of VOC associated with this 

action. However, we expect this action 

would provide benefits associated with 

VOC emission reductions. 


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5018 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/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 the Office of Management 

and Budget (OMB) for review. 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is considered an 

Executive Order 13771 deregulatory 

action. Details on the estimated cost 

savings of this 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 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 

1854.13. You can find a copy of the ICR 

in the docket for this rule, and it is 

briefly summarized here. The 

information collection requirements are 

not enforceable until OMB approves 

them. 

See section III.A of the preamble for 

the proposed rule (‘‘What actions are we 

proposing?’’) for a description of the 

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 

alternative standard are associated with 

labor hours. The time needed to conduct 

an in-service top-side-of-the-floatingroof 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 

final 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 

m3 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 m3

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. When 

OMB approves this ICR, the Agency will 

announce that approval in the Federal 

Register and publish a technical 

amendment to 40 CFR part 9 to display 

the OMB control number for the 

approved information collection 

activities contained in this 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 alternative standard is 

optional; therefore, small entities are not 

required to comply with the 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. 

Consistent with the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, the EPA offered 

consultation with tribal officials during 

the development of this action; 

however, the Agency did not receive a 

request for consultation. The EPA held 

a webinar with communities on 

November 10, 2020, which included 

tribes during the public comment period 

to inform them of the content of the 

proposed rule and to encourage them to 

submit comments on the proposed rule. 

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, lowincome populations, and/or indigenous 

peoples, as specified in Executive Order 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5019 

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. 

As discussed above in section V.G, a 

webinar was held for community groups 

which included environmental justice 

communities. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

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 is amending 40 CFR 

part 60 as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 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 

■ 2. Section 60.110b is amended by 

adding paragraph (e)(5) to read as 

follows: 

§ 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 §§ 60.112b through 

60.117b for storage vessels either with a 

design capacity greater than or equal to 

151 m3 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 m3 but less 

than 151 m3 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 § 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 

§ 60.116b(c); 

(B) The reference to § 60.116b(b) does 

not apply; and 

(C) The reference to § 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 §§ 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 

§ 63.1063(c)(1) 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 

§ 63.1063(c)(2) of this chapter. 

(D) Copies of all records and reports 

kept pursuant to § 60.115b(a) and (b) 

that have not met the 2-year record 

retention required by the introductory 

text of § 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 § 63.1065 of this 

chapter that have not met the 5-year 

record retention required by the 

introductory text of § 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 

§§ 60.112b through 60.117b. 

(F) The following exceptions to the 

reporting requirements of § 63.1066 of 

this chapter apply: 

(1) The notification of initial startup 

required under § 63.1066(a)(1) and (2) of 

this chapter must be submitted as an 

attachment to the notification required 

by §§ 60.7(a)(3) and 60.115b(a)(1); 

(2) The reference in § 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 § 63.1063(c)(2)(i) of this 

chapter and within 30 days of all other 

inspections required by § 63.1063(c)(1) 

and (2) of this chapter. 

■ 3. Section 60.115b is amended by 

revising paragraph (a)(4) and the 

introductory text of paragraph (b) to 

read as follows: 

§ 60.115b Reporting and recordkeeping 

requirements. 

* * * * * 

(a) * * * 

(4) After each inspection required by 

§ 60.113b(a)(3) that finds holes or tears 

in the seal or seal fabric, or defects in 

the internal floating roof, or other 

control equipment defects listed in 

§ 60.113b(a)(3)(ii), a report shall be 

furnished to the Administrator within 

30 days of the inspection. The report 

shall identify the storage vessel and the 

reason it did not meet the specifications 

of § 60.112b(a)(1) or § 60.113b(a)(3) and 

list each repair made. 

(b) After installing control equipment 

in accordance with § 60.112b(a)(2) 

(external floating roof), the owner or 

operator shall meet the following 

requirements. 

* * * * * 

[FR Doc. 2021–00678 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 


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