[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Rules and Regulations]
[Pages 63938-63940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30109]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 081-4012a; FRL-5326-5]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Approval of Stage II Vapor Recovery Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. This revision
supplements the approved Pennsylvania Stage II regulation by
establishing and requiring appropriate testing and certification of
Stage II vapor recovery equipment for affected sources in Pennsylvania.
The intended effect of this action is to approve these requirements as
a supplement to the Pennsylvania Stage II vapor recovery regulation,
Chapter 129.82. Final approval of these supplemental provisions to the
Stage II regulation will stop the sanctions clock that was started on
June 13, 1994.
DATES: This action will become effective January 22, 1996 unless notice
is received on or before January 12, 1996 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 597-9337, at
the EPA Region III address above.
SUPPLEMENTARY INFORMATION: On October 26, 1995, the Commonwealth of
Pennsylvania submitted a formal revision to its State Implementation
Plan (SIP). The SIP revision consists of sections 6.7(b), (c), (h) and
section 17(2) of the Pennsylvania Air Pollution Control Act, as amended
on June 29, 1992 and effective on July 9, 1992. These provisions are
meant to supplement the existing Pennsylvania Stage II vapor recovery
regulation, Chapter 129.82. EPA approved the Stage II regulations in a
final limited approval/disapproval rulemaking notice on June 13, 1994
(59 FR 30302). These supplemental provisions correct the deficiencies
identified in that rulemaking notice and the proposal, which was
published on November 29, 1993 (58 FR 62560). The June 13, 1994 final
limited approval/disapproval rulemaking started a sanctions clock that
allowed Pennsylvania 18 months to submit material that would correct
the deficiencies in the Stage II regulation. This 18 month period ends
on January 14, 1996. Final approval of the Stage II regulations will
stop this sanctions clock. The submittal of the supplemental provisions
that correct the existing deficiency in the Pennsylvania Stage II
regulation allows EPA to convert the limited approval/disapproval of
the Pennsylvania Stage II regulation to a full approval; thereby
halting the sanctions clock.
Summary of SIP Revision
Section 17(2) establishes the effective date of the Pennsylvania
Stage II vapor recovery regulations as November 12, 1992. This
effective date is consistent with the requirements of section 182 of
[[Page 63939]]
the Clean Air Act and the EPA Stage II guidance developed under that
section. Sections 6.7(b) and (c) establish the effective date for
affected sources based on their gasoline throughput or construction
date. Section 6.7(h) establishes that the testing and certification
required for all affected sources must be conducted in accordance with
the Stage II guidance issued by EPA. EPA has determined that each of
these provisions is consistent with the Clean Air Act and EPA's Stage
II guidance.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective January 22, 1996 unless, within 30 days of publication,
adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. If
no such comments are received, the public is advised that this action
will be effective on January 22, 1996.
Final Action
EPA is approving sections 6.7(b), (c), (h) and section 17(2) of the
Pennsylvania Air Pollution Control Act, as amended on June 29, 1992, as
these provisions correct the deficiencies in the Stage II requirements
in Pennsylvania Chapter 129.82, which were approved in a limited
fashion by EPA on June 13, 1994. An interim final determination
published elsewhere in this Federal Register stops the sanctions clock
that was started when the final limited approval/disapproval action was
published on June 13, 1994 until EPA's full approval of the
Pennsylvania Stage II regulation becomes effective.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2). SIP approval
actions
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the approval of
supplemental Stage II provisions in Pennsylvania, must be filed in the
United States Court of Appeals for the appropriate circuit by February
12, 1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: October 31, 1995.
W. Michael McCabe,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended by adding paragraphs (c)(106) to read
as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(106) Revisions to the Pennsylvania Regulations, Chapter 129.82
pertaining to Stage II Vapor Recovery and the associated definition of
gasoline dispensing facilities originally submitted on March 4, 1992
and supplemented on October 26, 1995 by the Pennsylvania Department of
Environmental Protection (formerly known as the Department of
Environmental Resources):
[[Page 63940]]
(i) Incorporation by reference.
(A) Letter of October 26, 1995 from the Pennsylvania Department of
Environmental Protection transmitting sections 6.7 (b), (c), (h) and
section 17(2) of the Pennsylvania Air Pollution Control Act as amended
on June 29, 1992.
(B) Sections 6.7 (b), (c), (h), and section 17(2) of the
Pennsylvania Air Pollution Control Act, amended June 29, 1992 and
effective on July 9, 1992.
[FR Doc. 95-30109 Filed 12-12-95; 8:45 am]
BILLING CODE 6560-50-P
