[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27875-27876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA157-4112a; FRL-6981-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Approval of Revisions to Stage II Vapor 
Recovery Regulations for Southwest Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Commonwealth of Pennsylvania 
State Implementation Plan which were submitted on March 6, 2000 by the 
Pennsylvania Department of Environmental Protection (PADEP). These 
revisions modify and clarify the existing regulatory requirements for 
the control of volatile organic compounds (VOCs) from gasoline 
dispensing facilities (Stage II) in the Pittsburgh-Beaver Valley ozone 
nonattainment area. The revisions modify the compliance dates and make 
other technical amendments. EPA is approving these revisions to the 
Commonwealth of Pennsylvania's SIP in accordance with the requirements 
of the Clean Air Act (CAA).

DATES: This rule is effective on July 5, 2001 without further notice, 
unless EPA receives adverse written comment by June 20, 2001. If EPA 
receives such comments, it 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: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 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 Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, 
Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, Project Officer, 
(215) 814-2034, 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. How Did EPA Review the Commonwealth's Submittal?
    D. Why Is the Request Approvable?
    E. What Is the Process for EPA Approval of This Action?

A. What Action Is EPA Taking Today?

    EPA is approving revisions to the Commonwealth of Pennsylvania SIP 
which were submitted on March 6, 2000 by PADEP. These revisions amend 
the existing Stage II regulatory requirements of 25 PA Code, Chapter 
129, Standards for Sources, section 129.82, Control of VOCs from 
gasoline dispensing facilities (Stage II), for the Pittsburgh-Beaver 
Valley ozone nonattainment area. Specifically, the revisions 
incorporate revised compliance dates for the Pittsburgh-Beaver Valley 
ozone nonattainment area, and make other technical amendments. The 
revised Stage II compliance dates are as follows: (1) For facilities 
for which construction was commenced after April 1, 1997, compliance 
shall be achieved at the time of the opening of the gasoline dispensing 
facility, (2) for facilities which dispense greater than or equal to 
120,000 gallons of gasoline per month, based on average monthly sales 
during calendar years 1995 and 1996, compliance shall be achieved by 
July 1, 1999; and (3) for facilities which dispense greater than 90,000 
gallons per month but less than 120,000 gallons per month based on 
average monthly sales during calendar years 1995 and 1996 compliance 
shall be achieved by December 31, 2000. Other revisions include 
subsection (d) which provides that if the onboard canister refueling 
emissions control program has been fully implemented by 2010, the Stage 
II systems will no longer be required in the area. Finally, subsection 
(e) establishes the functional testing and certification requirements 
consistent with EPA's regulations.

B. Why Is EPA Taking This Action?

    EPA is approving these SIP revisions to the Commonwealth of 
Pennsylvania SIP at the request of PADEP. The Commonwealth revised the 
Stage II VOC control requirements for Southwest Pennsylvania based upon 
the recommendations of the Southwest Pennsylvania Ozone Stakeholder 
Working Group as part of its ongoing efforts to address ozone air 
quality issues in the Pittsburgh-Beaver Valley ozone nonattainment 
area. EPA is approving these revisions as necessary for attainment and 
maintenance of the ozone standard in Southwest Pennsylvania.

C. How Did EPA Review the Commonwealth's Submittal?

    The Commonwealth of Pennsylvania's SIP revisions were submitted by 
PADEP on March 6, 2000. EPA evaluated the Commonwealth's revised Stage 
II requirements for Southwest Pennsylvania to verify that the revisions 
were consistent with the previously approved Stage II regulations for 
the Commonwealth and met the requirements found in EPA's Stage II 
enforcement and technical documentation. The revisions were also 
reviewed for compliance with the CAA.

D. Why Is the Request Approvable?

    This request is approvable because it meets the requirements of 
EPA's applicable technical and enforcement guidance and the CAA.

E. What Is the Process for EPA Approval of This Action?

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. 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 July 5, 2001 without further notice unless EPA receives adverse 
comment by June 20, 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.

[[Page 27876]]

II. Final Action

    EPA is approving revisions to the Commonwealth of Pennsylvania SIP, 
which were submitted on March 6, 2000 by PADEP. These revisions will 
revise 25 PA Code section 129.82, Control of VOCs from gasoline 
dispensing facilities (Stage II) for Southwest Pennsylvania.

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 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 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 July 20, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving revisions to the Commonwealth's Stage II regulations for 
Southwest Pennsylvania 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: May 1, 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)(153) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (153) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to Stage II VOC control requirements for Southwest 
Pennsylvania submitted on March 6, 2000 by the Pennsylvania Department 
of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to the Stage II VOC 
control requirements for Southwest Pennsylvania.
    (B) Revisions to 25 PA Code, Chapter 129, Standards for Sources at 
section 129.82, Control of VOCs from gasoline dispensing facilities 
(Stage II). These revisions became effective on April 10, 1999.
    (ii) Additional Material--Remainder of March 6, 2000 submittal.

[FR Doc. 01-12574 Filed 5-18-01; 8:45 am]
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