[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Rules and Regulations]
[Pages 63940-63941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30111]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA 081-4012c; FRL-5343-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Interim Final Determination That Pennsylvania has 
Corrected the Deficiency in the Stage II Vapor Recovery Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
direct final rulemaking fully approving the Commonwealth of 
Pennsylvania's submittal of its Stage II Vapor Recovery requirements. 
The EPA has also published a proposed rulemaking to provide the public 
with an opportunity to comment on EPA's action. If a person submits 
adverse comments on EPA's proposed action, EPA will withdraw its direct 
final action and will consider any comments received before taking 
final action on the State's submittal. Based on the proposed full 
approval, EPA is making an interim final determination by this action 
that the State has corrected the deficiency for which a sanctions clock 
began on July 13, 1994. This action will defer the application of the 
offset sanction and defer the application of the highway sanction. 
Although this action is effective upon publication, EPA will take 
comment on this interim final determination as well as EPA's proposed 
approval of the State's submittal. If no comments are received on EPA's 
proposed approval of the State's submittal, the direct final action 
published in today's Federal Register will also finalize EPA's 
determination that the State has corrected the deficiency that started 
the sanctions clock. If comments are received on EPA's proposed 
approval and this interim final action, EPA will publish a final rule 
taking into consideration any comments received.

DATES: Effective date. December 13, 1995.
    Comment date. Comments must be received by January 12, 1996.

ADDRESSES: Comments should be sent to Marcia L. Spink, Associate 
Director, Air Programs, (3AT00), Air, Radiation and Toxics Division, 
U.S. EPA Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19103. The state submittal and EPA's analysis for that submittal, which 
are the basis for this action, are available for public review at the 
above address and at the 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 of via e-mail at 
[email protected]. While information may be requested via 
e-mail, comments must be submitted in writing to the EPA Region III 
address above.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 4, 1992, the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, submitted a Stage II vapor recovery 
regulation, Chapter 129.82, which EPA disapproved in a limited fashion 
on June 13, 1994 (59 FR 30302). The EPA's disapproval action started an 
18-month clock for the application of one sanction (followed by a 
second sanction 6 months later) under section 179 of the Clean Air Act 
(Act) and a 24-month clock for promulgation of a Federal implementation 
plan under section 110(c)(1) of the Act. The State subsequently 
submitted a revised program on October 27, 1995, correcting the 
deficiencies in the original submittal. The EPA has taken direct final 
action on this submittal pursuant to its modified direct final policy 
set forth at 59 FR 24054 (May 10, 1994). In the Rules section of 
today's Federal Register, EPA has issued a direct final full approval 
of the Commonwealth of Pennsylvania's submittal of its Stage II vapor 
recovery regulation. In addition, in the Proposed Rules section of 
today's Federal Register, EPA has proposed full approval of the State's 
submittal.

II. EPA Action

    Based on the proposed full approval set forth in today's Federal 
Register, EPA believes that it is more likely than not that the State 
has corrected the original disapproval deficiency that started the 
sanction clock and, therefore, EPA is taking this interim final action 
finding that the State has corrected the disapproval deficiency, 
effective on publication. This action does not stop the sanction clock 
that started under section 179 for this area on July 13, 1994. However, 
this action will defer the application of the offset sanction and will 
defer the application of the highway sanction. See 59 FR 39832 (Aug. 4, 
1994) to be codified at 40 CFR 52.31. If EPA's direct final action 
fully approving the State's submittal becomes effective, such action 
will permanently stop the sanction clock and will permanently lift any 
applied, stayed or deferred sanctions.
    Today EPA is also providing the public with an opportunity to 
comment on this interim final action. If, based on any comments on this 
action and any comments on EPA's proposed full approval of the State's 
submittal, EPA determines that the State's submittal is not fully 
approvable and this final action was inappropriate, EPA will take 
further action to disapprove the State's submittal and to find that the 
State has not corrected the original disapproval deficiency. As 
appropriate, EPA will also issue an interim final determination or a 
final determination that the deficiency has not been corrected. In 
addition, the sanctions consequences described in the sanctions rule 
will also apply. See 59 FR 39832.

III. Administrative Requirements

    Because EPA has preliminarily determined that the State has an 
approvable plan, relief from sanctions should be provided as quickly as 
possible. Therefore, EPA is invoking the good cause exception under the 
Administrative Procedure Act (APA) in not providing an opportunity for 
comment before this action takes effect.1 5 U.S.C. 553(b)(B). The 
EPA believes that notice-and-comment rulemaking before the effective 
date of this action is impracticable and contrary to the public 
interest. The EPA has reviewed the State's submittal and, through its 
proposed and direct final action, is indicating that it is more likely 
than not that the State has corrected the deficiency that started the 
sanctions clock. Therefore, it is not in the public interest to 
initially apply sanctions or to keep applied sanctions in place when 
the State has most likely done all that it can to correct the 
deficiency that triggered the sanctions clock. Moreover, it would be 
impracticable to go through notice-and-comment rulemaking on a 

[[Page 63941]]
finding that the State has corrected the deficiency prior to the 
rulemaking approving the State's submittal. Therefore, EPA believes 
that it is necessary to use the interim final rulemaking process to 
temporarily stay or defer sanctions while EPA completes its rulemaking 
process on the approvability of the State's submittal. In addition, EPA 
is invoking the good cause exception to the 30-day notice requirement 
of the APA because the purpose of this notice is to relieve a 
restriction. See 5 U.S.C. 553(d)(1).

    \1\ As previously noted, however, by this action EPA is 
providing the public with a chance to comment on EPA's determination 
after the effective date and EPA will consider any comments received 
in determining whether to reverse such action.
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    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. Section 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. 
sections 603 and 604. Alternatively, EPA may certify that the rule will 
not have a significant economic 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.
    This action, pertaining to the interim final approval of 
corrections to the Pennsylvania Stage II vapor recovery regulation, 
temporarily relieves sources of an additional burden potentially placed 
on them by the sanction provisions of the Act. Therefore, I certify 
that it does not have an impact on any small entities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping, Ozone, and Volatile organic compounds.

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

    Dated: November 27, 1995.
Stanley Laskowski,
Acting Regional Administrator.
[FR Doc. 95-30111 Filed 12-12-95; 8:45 am]
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