[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14068]
[[Page Unknown]]
[Federal Register: June 10, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE10-1-6433; FRL-4893-1]
Approval and Promulgation of Air Quality Implementation Plans;
State of Delaware; Stage II Vapor Recovery Regulations for Gasoline
Dispensing Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Delaware. This revision establishes and
requires Stage II Vapor Recovery Regulations for Gasoline Dispensing
Facilities throughout the State of Delaware. The intended effect of
this action is to approve these regulations to satisfy the requirements
of the Clean Air Act (the Act).
EFFECTIVE DATE: This final rule will become effective on July 11, 1994.
ADDRESSES: 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; and Delaware Department of Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 597-
6863.
SUPPLEMENTARY INFORMATION: On February 11, 1994 (59 FR 6608), EPA
published a notice of proposed rulemaking (NPR) for the State of
Delaware. The NPR proposed approval of the addition of section 36 and
appendix J to Regulation No. 24, Stage II Vapor Recovery Regulations,
into Delaware's ozone SIP. Delaware formally submitted section 36 and
appendix J of Regulation No. 24 to EPA as a SIP revision on January 11,
1993, to comply with the Stage II vapor recovery requirements of
section 182(b)(3) of the Act.
This rulemaking action is approving the addition of section 36 and
appendix J into the Delaware ozone SIP. Section 36 and appendix J
requires Stage II vapor recovery at gasoline dispensing facilities
which dispense 10,000 gallons per month (gpm) or more. Further
discussion of the applicability of this regulation, as well as the
compliance schedule for Delaware's three counties are outlined in the
NPR.
Other specific requirements of the Stage II Vapor Recovery
Regulations for Gasoline Dispensing Facilities and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
Final Action
EPA is approving the SIP revision to add Section 36-Stage II Vapor
Recovery and Appendix J, Procedures for Implementation of Regulations
Covering Stage II Vapor Recovery Systems for Gasoline Dispensing
Facilities to Regulation No. 24, ``Control of Volatile Organic Compound
Emissions'' submitted by the State of Delaware on January 11, 1993.
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.
This action had been classified as a Table 2 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225). However, in an
October 4, 1993 memo, the Acting Assistant Administrator for Air and
Radiation, Michael H. Shapiro, revised these SIP tables so that Table 2
final actions on which no adverse comments were received on the
proposed rule may be delegated to Table 3 actions. No comments were
received concerning this action, therefore, under the new guidelines
this final action may be classified as a Table 3 action. On January 6,
1989, the Office of Management and Budget (OMB) waived Table 2 and
Table 3 SIP revisions from the requirements of section 3 of Executive
Order 12291 for a period of two years. The EPA has submitted a request
for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has
agreed to continue the waiver until such time as it rules on EPA's
request. This request is still applicable under Executive Order 12866,
which superseded Executive Order 12291 on September 30, 1993.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this approval of Stage II Vapor Recovery Regulations
for Gasoline Dispensing Facilities in the State of Delaware must be
filed in the United States Court of Appeals for the appropriate circuit
by August 9, 1994. 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: May 25, 1994.
Stanley L. Laskowski,
Acting 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 I--Delaware
2. Section 52.420 is amended by adding paragraph (c)(50) to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
(50) Revisions to the Delaware State Implementation Plan submitted
on January 11, 1993 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of January 11, 1993 from the Delaware Department of
Natural Resources & Environmental Control submitting and requesting
approval of Stage II Vapor Recovery Regulations for Gasoline Dispensing
Facilities.
(B) Addition of Section 36-Stage II Vapor Recovery and Appendix J-
Procedures for Implementation of Regulations Covering Stage II Vapor
Recovery Systems for Gasoline Dispensing Facilities to Regulation No.
24, ``Control of Volatile Organic Compound Emissions.'' Section 36 and
Appendix J have an effective date of January 11, 1993.
(ii) Additional materials.
(A) Delaware Secretary's Order No. 93-00078, issued January 11,
1993, adopting Stage II Vapor Recovery Regulations in the State.
(B) Remainder of the January 11, 1993 State submittal pertaining to
Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery
at Gasoline Dispensing Facilities.
[FR Doc. 94-14068 Filed 6-9-94; 8:45 am]
BILLING CODE 6560-50-F
