[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15261]
[[Page Unknown]]
[Federal Register: June 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA 23-1-6345; FRL-4895-3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia; Stage II Vapor Recovery Regulation 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 Commonwealth of Virginia. This revision establishes
and requires the installation and use of Stage II vapor recovery
equipment on facilities dispensing gasoline to motor vehicles in the
Northern Virginia and Richmond nonattainment areas classified serious
and moderate, respectively.
On November 5, 1992, the Commonwealth of Virginia submitted a SIP
revision request to EPA to satisfy the Clean Air Act (the Act). The Act
requires ozone nonattainment areas classified as moderate or worse to
require owners and operators of gasoline dispensing facilities within
those areas to install and operate Stage II vapor recovery equipment.
This revision applies to the Virginia portion of the Washington, DC
ozone nonattainment area and the Richmond ozone nonattainment area. The
revision also contains several other minor amendments to Virginia's
Rule 4-37. Although these changes do not necessarily pertain to the
Stage II program, they will affect the non-Stage II requirements
previously established by this rule. The intended effect of this action
is to approve Virginia's Stage II program. This action is being taken
under section 110 of the Clean Air Act.
EFFECTIVE DATE: This final rule will become effective on July 25, 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; and at the Air and Radiation Docket and Information Center, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460. Copies of relevant documents may also available at the Virginia
Department of Environmental Quality, 629 East Main Street, Richmond,
Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 597-4554 at the
Region III address.
SUPPLEMENTARY INFORMATION: On February 4, 1994 (59 FR 5374), EPA
published a notice of proposed rulemaking (NPR) for the Commonwealth of
Virginia. The NPR proposed approval of title 120-01 of Virginia's
Regulations for the Abatement of Air Pollution, part IV, Rule 4-37
(sections 120-04-3701 to 120-04-3715); as well as appendices P and S of
Rule 4-37. These elements were submitted by Virginia in a formal SIP
revision on November 5, 1992. Appendix P of Virginia's VR 120-01, Rule
4-37 contains a list of VOC and nitrogen oxides emissions control areas
in the Commonwealth. Virginia submitted this appendix to EPA for
informational purposes only, and this appendix was not to be construed
as an official portion of the SIP. Therefore, although EPA proposed
approval of this section in its February 4, 1994 NPR, EPA is not
approving Appendix P of Rule 4-37 in today's action.In today's action
EPA is also revoking the text found at title 40, Sec. 52.2439 of
subpart VV of the Code of Federal Regulations and placing that section
in reserve. This subsection provided for the control of evaporative
losses from the filling of gasoline tanks, but its compliance date was
deferred indefinitely in a January 6, 1975 Federal Register document
(40 FR 1127). Today's action supersedes this previous action for the
control of vehicle emissions from the refueling of vehicular tanks.
Other specific requirements of Virginia's Stage II regulation, as well
as the other emission standards for petroleum liquid storage and
transfer operations included under Rule 4-37, 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 title 120-01 of Virginia's Regulations for the
Abatement of Air Pollution, Rule 4-37 (sections 120-04-3701 to 120-04-
3715), and appendix S of Rule 4-37, as a revision to the Virginia SIP.
These regulations provide for the reduction in emissions from petroleum
liquid storage and transfer operations--particularly by requiring the
installation and use of Stage II vapor recovery equipment for the
control of vehicle refueling emissions. In today's action, EPA is also
revoking 40 CFR 52.2439 and reserving that subsection.
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, I certify
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 Act, 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 SIP's on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
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 has 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 memorandum, 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. A future document
will inform the general public of these tables. On January 6, 1989, the
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP
revisions (54 FR 2222) 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 USEPA's
request. This request continues in effect 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 action must be filed in the United States Court
of Appeals for the appropriate circuit by August 22, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
approving Virginia's Stage II regulation 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) of the Act).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone, Reporting and recordkeeping
requirements.
Dated: May 31, 1994.
Peter Kostmayer,
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 VV--Virginia
2. Section 52.2420 is amended by adding paragraph (c)(101) to read
as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
(101) Revisions to the Virginia regulation for the control of
volatile organic compounds emitted from petroleum liquid storage and
transfer operations, primarily related to the addition of Stage II
vapor recovery equipment on gasoline refueling equipment, as submitted
on November 5, 1992 by the Virginia Department of Air Pollution Control
(now the Virginia Department of Environmental Quality).
(i) Incorporation by reference.
(A) Letter of November 5, 1992 from the Virginia Department of Air
Pollution Control requesting approval of revisions to the
Commonwealth's State Implementation Plan's requirements for volatile
organic compounds from petroleum liquid storage and transfer
operations, primarily concerning the addition of provisions for Stage
II vapor recovery systems.
(B) Virginia Regulation VR 120-01, Part IV (Rule 4-37), with an
effective date of January 1, 1993.
(C) Appendix S to VR 120-01, Part IV (Rule 4-37), having an
effective date of January 1, 1993.
(D) Virginia Department of Air Pollution Control's Air Quality
Program Policies and Procedures document entitled ``Procedures for
Implementation of Regulations Covering Stage II Vapor Recover Systems
for Gasoline Dispensing Facilities'' (AQP-9). The effective date of
this document is January 1, 1993.
(ii) Additional material.
(A) Remainder of November 5, 1992 State submittal.
(B) Letter dated August 18, 1993 from the Virginia Department of
Environmental Quality transmitting Virginia's request that section
III.F.2 of Virginia's policies and procedures document entitled
``Procedures for Implementation of Regulations Covering Stage II Vapor
Recover Systems for Gasoline Dispensing Facilities'' (AQP-9) be
included in the Commonwealth's State Implementation Plan.
Sec. 52.2439 [Removed]
3. Section 52.2439 is removed and reserved.
[FR Doc. 94-15261 Filed 6-22-94; 8:45 am]
BILLING CODE 6560-50-F