[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Rules and Regulations]
[Pages 38710-38712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18515]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[DE25-1-6742a; FRL-5223-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware--``Bulk Gasoline Marine Tank Vessel Loading Facilities''

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 State of Delaware on August 26, 1994. This revision 
establishes and requires control of volatile organic compound from 
marine vessel transfer operations. The intended effect of this action 
is to approve Regulation 24, Section 43, ``Bulk Gasoline Marine Tank 
Vessel Loading Facilities'', in accordance with section 183(f). This 
action is being taken under section 110 of the Clean Air Act (CAA).

 
[[Page 38711]]

DATES: This action will become effective September 26, 1995 unless 
notice is received on or before August 28, 1995 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; and the 
Delaware Department of Natural Resources & Environmental Control, 89 
Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the 
EPA Region III address above.

SUPPLEMENTARY INFORMATION: On August 26, 1994, the State of Delaware 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of Regulation 24, ``Control of Volatile Organic 
Compound (VOC) Emissions'', by renumbering existing Section 43, ``Other 
Facilities that Emit VOCs'', to Section 50 and adding a new Section 43, 
``Bulk Gasoline Marine Tank Vessel Loading Facilities'', effective 
August 26, 1994.

Background

    Pursuant to section 183(f) of the CAA, as amended, EPA is required 
to promulgate federal regulations for marine vessel loading facilities 
by November 15, 1992. EPA has not yet promulgated final regulations 
governing marine vessel loading and unloading facilities. Section 
183(f)(4) of the CAA provides that a state's regulations governing 
emissions from tank vessels, must be at least as stringent as the 
Federal standards. In the future, if EPA determines that Delaware's 
regulations are less stringent than the federal regulations, once 
promulgated, those federal regulations shall preempt the Delaware's 
regulations and EPA will require Delaware to amend its SIP so that it 
is at least as stringent as the federal regulations.
    VOCs contribute to the production of ground level ozone and smog. 
This rule was adopted as part of an effort to achieve the National 
Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's 
evaluation of and action on Section 43 of Regulation 24 for the State 
of Delaware. Detailed descriptions of the amendments addressed in this 
document, and EPA's evaluation of the amendments, are contained in the 
technical support document (TSD) prepared for these rulemaking actions 
by EPA. Copies of the TSD are available from the EPA Regional office 
listed in the ADDRESSES section of this document.

State Submittal

    1. Section 43(a)(1) states that the regulation applies to all 
loading berths at any bulk marine tank vessel loading facility that 
delivers gasoline into marine tank vessels (Section (43)(a)(1)).
    2. Section 43(c)(1) requires each loading berth at any bulk marine 
tank vessel loading facility to be equipped with a vapor collection 
system that is designed to collect all VOC vapors displaced from marine 
tank vessels during loading, ballasting, or housekeeping.
    3. Section 43(c)(2) requires that each vapor collection system be 
designed to prevent any VOC vapors collected at one loading berth from 
passing to another loading berth.
    4. Section 43(c)(3) requires each loading berth at any bulk marine 
tank vessel loading facility to reduce total VOC emissions by 98 
weight-percent using a combustion device, and 95 weight-percent using a 
vapor recovery device.
    5. Section 43(c)(9) requires that the loading of gasoline marine 
tank vessels be restricted to the use of submerged fill.
    6. Section 43(c)(6) limits loading of gasoline to marine tank 
vessels whose vapor collection system is connected to the vapor 
collection system of the bulk gasoline marine tank loading facility.
    7. Section 43(c)(7) ensures that the maximum normal operating 
pressure of the marine tank vessel vapor collection equipment must not 
exceed 0.8 times the set relief pressure of the pressure-vacuum vents 
in the vessel compartment.
    8. Section 43(c)(8) requires each loading berth that loads gasoline 
into marine tank vessels, be inspected for total organic compound 
liquid and vapor leaks during product transfer operations. Each 
detection of a leak must be tagged and recorded and the source of the 
leak repaired within 15 days. A first attempt at repair must be made no 
later than 5 calendar days after the leak is detected.

EPA's Evaluation

    The regulations listed above are approvable as SIP revisions 
because they conform to EPA guidance and comply with the requirements 
of the CAA.
    As required by 40 CFR 51.102, the State of Delaware has certified 
that a public hearing with regard to these revisions was held in 
Delaware on April 13, 1994.
    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 September 26, 1995, unless, by August 28, 1995, 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 this action serving as a 
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 September 26, 1995.

Final Action

    EPA is approving Regulation 24, ``Control of VOC Emissions'', 
renumbering the existing Section 43, ``Other Facilities that Emit 
VOCs'', to Section 50 and adding a new Section 43, ``Bulk Gasoline 
Marine Tank Vessel Loading Facilities'', as a revision to the Delaware 
SIP. The State of Delaware submitted these amendments to EPA as a SIP 
revision on August 26, 1994.
    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 

[[Page 38712]]
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 CAA 
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 CAA 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).
    Under sections 202, 203, and 205, of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 182 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. The rules being approved by this action will 
impose no new requirements; such sources are already subject to these 
regulations under State law. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action. EPA has also determined that this final action does not 
include a mandate that may result in estimated costs of $100 million or 
more to State, local, or tribal governments in the aggregate or to the 
private sector.
    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), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action approving Delaware's regulation on Bulk Gasoline Marine 
Tank Vessel Loading Facilities, must be filed in the United States 
Court of Appeals for the appropriate circuit by September 26, 1995. 
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: April 13, 1995.
W.T. Wisniewski,
Acting Regional Administrator, Region III.

    40 CFR part 52, subpart I of chapter I, title 40 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)(53) to read as 
follows:


Sec. 52.420  Identification of plan.

* * * * *
    (c) * * *
    (53) Revisions to the Delaware Regulations on the control of 
volatile organic compound emissions from marine vessel transfer 
operations submitted on August 26, 1994 by the Delaware Department of 
Natural Resources & Environmental Control:
    (i) Incorporation by reference.
    (A) Letter of August 26, 1994 from the Delaware Department of 
Natural Resources & Environmental Control transmitting Regulation 24, 
``Control of Volatile Organic Compound Emissions'', by renumbering 
existing Section 43, ``Other Facilities that Emit Volatile Organic 
Compounds,'' to Section 50 and adding a new Section 43, ``Bulk Gasoline 
Marine Tank Vessel Loading Facilities''.
    (B) Administrative changes to Section 50: renumbering existing 
Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43; 
and the new Section 43, effective August 26, 1994.
    (ii) Additional material.
    (A) Remainder of August 26, 1994 State submittal pertaining to 
Regulation 24 referenced in paragraph (c)(53)(i) of this section.

[FR Doc. 95-18515 Filed 7-27-95; 8:45 am]
BILLING CODE 6560-50-P