[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Rules and Regulations]
[Pages 19724-19726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA160-4107a; FRL-6962-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Gasoline Volatility Requirements for 
Allegheny County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Allegheny County portion of 
the Commonwealth of Pennsylvania State Implementation Plan (SIP). These 
revisions were submitted on March 23, 2000 by the Pennsylvania 
Department of Environmental Protection (PADEP) on behalf of the 
Allegheny County Health Department (ACHD). These revisions amend 
Allegheny County's general rules for use of cleaner gasoline and codify 
changes to its gasoline volatility regulations to be consistent with 
the Commonwealth's SIP-approved regulations which currently apply 
throughout the Pittsburgh-Beaver Valley ozone nonattainment area, 
including in Allegheny County. The revisions consist of the 
establishment of a Reid vapor pressure (RVP) limit of 7.8 pounds per 
square inch (psi) for gasoline sold in Allegheny County, Pennsylvania. 
EPA is approving these revisions to the Allegheny County portion of the 
Commonwealth of Pennsylvania SIP in accordance with the requirements of 
the Clean Air Act.

DATES: This rule is effective on June 18, 2001 without further notice, 
unless EPA receives adverse written comment by May 17, 2001. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Send written comments to David L. Arnold, Chief, Air Quality 
Planning & Information Services Branch, mail code 3AP21, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. You may inspect copies of the 
documents relevant to this action during normal business hours at the 
following locations: Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460; and the Allegheny County Health Department, 
Bureau of Environmental Quality, Division of Air Quality, 301 39th 
Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Jill Webster, (215) 814-2033, at the 
EPA Region III address above, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:
I. Description of the SIP Revision and EPA's Action

    The information in this section is organized as follows:

A. What Action Is EPA Taking Today?
B. Why Is EPA Taking This Action?
C. Why Did Allegheny County Make These Changes?
    D. How Did EPA Review Allegheny County's Submittal?
    E. Why Is the Request Approvable?
    F. What Is the Process for EPA Approval of This Action?
II. Final Action
III. What Are the Administrative Requirements?

What Action Is EPA Taking Today?

    EPA is approving revisions to the Allegheny County portion of the 
Commonwealth of Pennsylvania SIP which were submitted on March 23, 2000 
by PADEP on behalf of the ACHD. These revisions will amend the ACHD's 
Rules and Regulations, Article XXI, Revision 40, sections 2101.20, 
2105.90, and 2107.15, regarding gasoline volatility regulations and 
Revision 42 which codifies changes to the gasoline volatility 
regulations, to make them consistent with the Commonwealth's gasoline 
volatility regulations. On June 8, 1998 (63 FR 31116), EPA approved the 
Commonwealth's SIP revision requiring a summertime gasoline Reid vapor 
pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline 
sold throughout the Pittsburgh-Beaver Valley ozone nonattainment area, 
including Allegheny County. Under the revisions, gasoline distributed 
in Allegheny County must meet a RVP limit of 7.8 psi per gallon between 
May 1 and September 15 of each calendar year for all refiners, 
distributors, resellers, carriers, and wholesalers. The restrictions on 
fuel are effective between June 1 and September

[[Page 19725]]

15 of each year for all wholesale purchaser consumers and retailers of 
gasoline.

Why Is EPA Taking This Action?

    EPA is approving these SIP revisions to the Allegheny County 
portion of the Commonwealth's SIP at the request of the Commonwealth of 
Pennsylvania. The ACHD revised Allegheny County's Rules and 
Regulations, Article XXI, Revision 40, sections 2101.20, 2105.90, and 
2107.15, regarding gasoline volatility regulations and Revision 42 
which codifies changes to the gasoline volatility regulations, to make 
those County regulations consistent with the Commonwealth's SIP-
approved gasoline volatility regulations. As stated above, EPA approved 
the Commonwealth's gasoline volatility regulations as a SIP revision 
for the entire Pittsburgh-Beaver Valley ozone nonattainment area on 
June 8, 1998 (63 FR 31116). The rationale for EPA's action to approve 
the Commonwealth's gasoline volatility regulations for the Pittsburgh 
Beaver-Valley ozone nonattainment area were presented in that 
rulemaking and shall not be restated here. Interested parties may 
request copies of that rulemaking and its associated technical support 
document (TSD) from the EPA Regional Office listed in the ADDRESSES 
section of this document.

Why Did Allegheny County Make These Changes?

    The ACHD made revisions to Allegheny County's gasoline volatility 
regulations to make them consistent with the Commonwealth's approved 
SIP regulations. Since EPA's June 8, 1998 approval of the 
Commonwealth's gasoline volatility requirements for the Pittsburgh-
Beaver Valley ozone nonattainment area, all refiners, distributors, 
resellers, carriers, and wholesalers of gasoline in Allegheny County 
have been directly subject to those Commonwealth regulations under the 
approved SIP. The intended effect of this action is to approve 
Allegheny County's revised gasoline regulations such that all refiners, 
distributors, resellers, carriers, and wholesalers of gasoline in 
Allegheny County are subject to County regulations and the ACHD has the 
authority to implement the federally-approved SIP. Both PADEP and ACHD 
adopted the low RVP gasoline volatility requirements as an emissions 
reduction strategy necessary for attainment in the Pittsburgh-Beaver 
Valley ozone nonattainment area.

How Did EPA Review Allegheny County's Submittal?

    Allegheny County's SIP revisions were submitted by PADEP on behalf 
of ACHD on March 23, 2000. EPA evaluated the County's revised gasoline 
volatility regulations to verify that the revisions were consistent 
with the Commonwealth's federally approved regulations for the 
Pittsburgh-Beaver Valley ozone nonattainment area.

Why Is the Request Approvable?

    Because EPA previously approved the Commonwealth's low RVP 
requirements for the Pittsburgh-Beaver Valley ozone nonattainment area, 
including Allegheny County, the County's revised regulations need only 
be consistent with the Commonwealth's Federally approved regulations. 
EPA has determined that ACHD's regulations for gasoline volatility 
requirements are sufficiently consistent with the Commonwealth's 
Federally approved regulations to warrant approval of the 
Commonwealth's request that the Allegheny County portion of the 
Pennsylvania SIP be revised to include the County's amended regulations 
such that the ACHD has the authority to implement the federally-
approved SIP.

What Is the Process for EPA Approval of This Action?

    EPA is publishing this action without prior proposal because EPA 
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 written comments be filed. This action will be effective on 
June 18, 2001 without further notice unless EPA receives adverse 
comment by May 17, 2001. If EPA receives adverse comment, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments 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 must do so at this time.

II. Final Action

    EPA is approving revisions to the Allegheny County portion of the 
Commonwealth of Pennsylvania SIP which were submitted on March 23, 2000 
by PADEP on behalf of the ACHD. These revisions will amend the ACHD's 
Rules and Regulations, Article XXI, Revision 40, sections 2101.20, 
2105.90, and 2107.15, regarding gasoline volatility regulations and 
Revision 42 which codifies changes to the gasoline volatility 
regulations.

III. What Are the Administrative Requirements?

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by

[[Page 19726]]

section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in 
issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

B. 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. 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 June 18, 2001. 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 approving the RVP requirements for gasoline 
sold in Allegheny County, Pennsylvania 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: March 19, 2001.
William C. Early,
Acting 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 et seq.

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraphs (c)(151) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (151) Revisions to the Allegheny County Air Pollution Control 
Regulations governing gasoline volatility requirements submitted on 
March 23, 2000 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of March 23, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to the low RVP 
gasoline volatility requirements for Allegheny County, Pennsylvania.
    (B) The following revision to Article XXI, Rules and Regulations of 
the Allegheny County Health Department, effective May 15, 1998.
    (1) Regulation 2101.20--definitions of ``carrier,'' 
``distributor,'' ``importer,'' ``low RVP gasoline,'' ``oxygenate,'' 
``refiner,'' ``refinery,'' ``reseller,'' ``retail outlet,'' 
``retailer,'' ``RFG,'' ``RVP,'' ``terminal,'' ``wholesale purchaser-
consumer.''
    (2) Regulation 2107.15--Gasoline Volatility and RFG Methods.
    (3) Regulation 2105.90--Gasoline Volatility, Paragraphs a and b.
    (C) The following revision to Article XXI, Rules and Regulations of 
the Allegheny County Health Department, effective September 1, 1999.
    (1) Regulation 2101.20--definition of ``compliant fuel.''
    (2) Regulation 2105.90--Gasoline Volatility, Paragraphs c, d, and 
e.
    (ii) Remainder of the March 23, 2000 submittal pertaining to 
Article XXI, regulations 2101.20, 2105.09, and 2107.15 as described 
above.

[FR Doc. 01-9357 Filed 4-16-01; 8:45 am]
BILLING CODE 6560-50-P