[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Rules and Regulations]
[Pages 59642-59644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28039]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN106-1a; FRL-6446-5]


Approval and Promulgation of Implementation Plan; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving an Indiana request to amend the Stage II 
Vapor Recovery rule as a revision to the State Implementation Plan 
(SIP). Indiana submitted the SIP revision request on April 6, 1999. The 
revision affects gasoline dispensing facilities in Clark, Floyd, Lake, 
and Porter Counties. Stage II Vapor Recovery systems lower Volatile 
Organic Compound (VOC) emissions from vehicle refueling operations. VOC 
emissions are a precursor of ground-level ozone, commonly known as 
smog.

DATES: This rule is effective on January 3, 2000, unless EPA receives 
adverse written comments by December 3, 1999. If adverse written 
comment is received, EPA will publish a timely withdrawal of the rule 
in the Federal Register and inform the public that the rule will not 
take effect.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Copies of the revision request for this rulemaking 
action are available for inspection at the following address: U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. (It is recommended 
that you telephone Francisco J. Acevedo at (312) 886-6061 before 
visiting the Region 5 Office).

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental 
Protection Specialist, at (312) 886-6061.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'', or ``our'' are used we mean EPA.

Table of Contents

I. What action is EPA proposing in this rulemaking?
II. Why is the Stage II Vapor Recovery rule approvable?
III. Where are the SIP revision rules codified?
IV. What public hearing opportunities were provided for this SIP 
revision?
V. Final Rulemaking Action.
VI. Administrative Requirements.
    A. Executive Order 12866
    B. Executive Order 12875
    C. Executive Order 13045
    D. Executive Order 13084
    E. Regulatory Flexibility Act
    F. Unfunded Mandates
    G. Submission to Congress and the Comptroller
    H. National Technology Transfer and Advancement Act
    I. Petitions for Judicial Review

I. What Action Is EPA Proposing in This Rulemaking?

    We are approving Indiana's April 6, 1999, SIP revision request to 
amend the Stage II Vapor Recovery rules promulgated by Indiana in 1993 
and approved by us on April 28, 1994. The amendments we are approving 
clarify the applicability of definitions pertaining to gasoline 
dispensing facilities.

II. Why Are the Amendments to the Stage II Vapor Recovery Rule 
Approvable?

    This SIP revision does not impact the stringency of the SIP. The 
definitions specific to the Stage II Vapor Recovery rules promulgated 
by Indiana in 1993 and approved by us on April 28, 1994 were 
incorrectly incorporated into the general provisions for all of the 
volatile organic compound rules contained in Indiana rule 326 IAC 
Article 8. To rectify this error and avoid future confusion, Indiana 
amended the Stage II rules and relocated the definitions specific to 
gasoline dispensing facilities from 326 IAC 8-1-0.5 to 326 IAC 8-4-6. 
Indiana did not make any other substantive changes to the Stage II 
rule; and this revision does not change the requirements of the Stage 
II program originally approved. For these reasons, the amendments to 
the Stage II Vapor Recovery rule are approvable.

III. Where Are the Rules for This SIP Revision Codified?

    The Stage II Vapor Recovery rule amendments are codified under 326 
IAC 8-1-0.5: Definitions, and 326 IAC 8-4-6: Gasoline dispensing 
facilities.
    The rules were published in the Indiana Register on November 1, 
1995 (19 In. Reg. 202). The effective date of the rules is October 18, 
1995.

IV. What Public Hearing Opportunities Were Provided for This SIP 
Revision?

    Indiana held public hearings on March 1, 1995, and on May 3, 1995, 
in Indianapolis, Indiana.

V. Final Rulemaking Action

    In this rulemaking action, we are approving the April 6, 1999, SIP 
revision request, which includes technical amendments to the Stage II 
Vapor recovery rule affecting gasoline dispensing facilities.
    The EPA is publishing this action without prior proposal because 
EPA views this as a noncontroversial revision and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse written comments be received. This action will be 
effective without further notice unless EPA receives relevant adverse 
written comment by December 3, 1999. Should the Agency receive such 
comments, it will publish a timely withdrawal informing the public that 
this action will not take effect. Any parties interested in commenting 
on this action should do so at this time. If no

[[Page 59643]]

such comments are received, the public is advised that this action will 
be effective on January 3, 2000.

VI. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of 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).

F. Unfunded Mandates

    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 rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to 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 promulgated does not 
include a Federal mandate that may result in estimated annual 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act

[[Page 59644]]

(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    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 January 3, 2000. 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, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: September 17, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations 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 et seq.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(125) to read 
as follows:


Sec. 52.770  Identification of Plan.

* * * * *
    (c) * * *
    (125) On April 6, 1999, Indiana submitted amended rules for the 
control of volatile organic compound emissions from vehicle refueling 
in Clark, Floyd, Lake, and Porter Counties as a revision to the State 
Implementation Plan.
    (i) Incorporation by reference.
    326  Indiana Administrative Code 8-1: General Provisions, Section 
0.5: Definitions and 326 Indiana Administrative Code 8-4: Petroleum 
Sources, Section 6: Gasoline Dispensing Facilities. Adopted by the 
Indiana Air Pollution Control Board May 3, 1995. Filed with the 
Secretary of State September 18, 1995. Published at Indiana Register, 
Volume 19, Number 2, November 1, 1995. Effective October 18, 1995.

[FR Doc. 99-28039 Filed 11-2-99; 8:45 am]
BILLING CODE 6560-50-P