[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]
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