[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25971]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OH49-1-6072B; FRL-5082-6]

 

Approval and Promulgation of Implementation Plans; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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SUMMARY: USEPA is partially approving and partially disapproving, 
through ``direct final'' procedure, Ohio's State Implementation Plan 
(SIP) revision for implementation of the Stage II vapor recovery 
program. Section 182(b)(3) of the Clean Air Act (CAA) requires all 
States that have ozone nonattainment areas classified as moderate or 
above to implement a Stage II vapor recovery program. The Stage II 
vapor recovery program requires owners and operators of gasoline 
dispensing facilities that dispense greater than 10,000 gallons of fuel 
per month (50,000 gallon per month in the case of an independent small 
business marketer) to install and operate gasoline vehicle refueling 
vapor recovery systems. Vapor recovery systems control the release of 
volatile organic compounds (VOC), benzene, and toxics emitted during 
the refueling process. The USEPA is partially approving Ohio's Stage II 
rule package, and disapproving of Paragraph 3745-21-09(DDD)(5), which 
grants the Director of the Ohio Environmental Protection Agency (OEPA) 
the discretion to suspend the Stage II vapor recovery program without 
prior approval of USEPA.
    The USEPA is partially approving the rules since, with the 
exception of Paragraph 3745-21-09(DDD)(5), the program satisfies the 
criteria for approval of Stage II vapor recovery programs. The USEPA is 
disapproving Paragraph 3745-21-09(DDD)(5) since it fails to satisfy the 
requirements of Part D of Title I of the CAA by providing the Director 
of OEPA the discretion to suspend the Stage II program without first 
obtaining Federal approval. Partial approval of the State of Ohio's 
Stage II submittal will incorporate the provisions of the program that 
satisfy USEPA's approval criteria into the State's Federally approved 
SIP.
    In the final rules section of the Federal Register, the USEPA is 
partially approving and partially disapproving this SIP revision 
request as a direct final rule without prior proposal because USEPA 
views the action as noncontroversial and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
that direct final rule, no further activity is contemplated in relation 
to this proposed rule. If USEPA receives adverse public comments, the 
direct final rule will be withdrawn and all public comments received 
will be addressed in a subsequent final rule based on this proposed 
rule. USEPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time.

DATES: Comments on this action must be received by November 21, 1994.

ADDRESSES: Written comments should be mailed to: William L. MacDowell, 
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J), 
USEPA, Region 5, 77 West Jackson Blvd., Chicago, Illinois 60604.
    Copies of the State submittal for this action are available for 
public inspection during normal business hours at the following 
address: (It is recommended that you telephone John Paskevicz at (312) 
886-6084 before visiting the Region 5 office.) U.S. Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Regulation Development 
Section, Air Enforcement Branch (AE-17J), U.S. Environmental Protection 
Agency, 77 West Jackson Blvd., Chicago, Illinois 60604, (312) 886-6084.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the rules section of this Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Volatile organic 
compounds, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: September 16, 1994.
Michelle D. Jordan,
Acting Regional Administrator.
[FR Doc. 94-25971 Filed 10-19-94; 8:45 am]
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