[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Rules and Regulations]
[Pages 64540-64543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28417]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE067-1041a; FRL-7586-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Revisions to Stage I and Stage II Vapor Recovery at Gasoline 
Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Delaware State Implementation Plan (SIP). The revisions allow existing 
gasoline dispensing facilities to continue using installed vapor 
recovery equipment and require new gasoline dispensing facilities to be 
equipped with the most recently approved system. EPA is proposing to 
approve these revisions in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on January 13, 2004 without further 
notice, unless EPA receives adverse written comment by December 15, 
2003. 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: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
Supplementary Information section. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the 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, 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460; and Delaware Department of Natural Resources & 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
19903.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, at (215) 
814-2174, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 12, 2002, the Delaware Department of Natural Resources and 
Environmental Control (DNREC) submitted a formal revision to its State 
Implementation Plan (SIP). The SIP revision consists of revisions to 
the State's regulations pertaining to the Control of Volatile Organic 
Compound Emissions, in particular, Stage I and Stage II vapor recovery 
at gasoline dispensing stations. The SIP revision went to public 
hearing on September 24, 2001 and became effective on January 11, 2002.

II. Summary of SIP Revision

    The 1990 Clean Air Act Amendments (CAAA) required states to develop 
regulations requiring owners or operators of certain gasoline 
dispensing facilities to install systems for recovery of gasoline vapor 
emissions. These requirements are also known as Stage I and Stage II 
Vapor Recovery and are required in areas classified as moderate and 
above ozone nonattainment. Stage I is the control of gasoline vapors 
when dispensing gasoline from tankers into gasoline storage tanks. 
Stage II is the control of gasoline vapors when dispensing gasoline 
into vehicle fuel tanks from the gasoline storage tanks.
    The DNREC adopted definitions pertaining to the Control of Volatile 
Organic Compound Emissions (under Regulation 24, section 2), Stage I 
regulations (under Regulation 24, section 26) and Stage II regulations 
(under Regulation 24, section 36) on January 11, 1993 which became 
immediately effective. These regulations were submitted to EPA as a SIP 
revision on January 11, 1993. The definitions

[[Page 64541]]

and the Stage I regulations were approved as a final rule by EPA on May 
3, 1995 (60 FR 21707), and the Stage II regulations were approved as a 
final rule by EPA on June 10, 1994 (59 FR 29956).
    The revisions to Regulation 24, sections 2, 26, and 36, submitted 
to EPA and the subject of this rulemaking establish:
    (a) The requirements for using improved vapor recovery adaptors and 
connections,
    (b) the requirements for annual vapor recovery testing; and,
    (c) the minimum requirements applicable to compliance testing 
companies that perform compliance testing in the State of Delaware. 
These revisions also adopt by reference, the California Air Resources 
Board (CARB) executive orders for approved Stage II Vapor Recovery 
Systems.
    EPA has reviewed the revisions to Regulation 24, sections 2, 26, 
and 36 and has determined that the revisions continue to meet the CAAA 
requirements for states to have approved Stage I and Stage II Vapor 
Recovery Systems. In addition, the revisions, in general, strengthen 
the SIP by providing additional clarification of certain provisions, 
requiring that records be maintained onsite and by incorporating by 
reference appropriate test methods for vapor recovery systems.

III. Final Action

    EPA is approving the revisions to Delaware's regulations that 
control VOC emissions, in particular those regulations related to Stage 
I and Stage II vapor recovery systems, submitted to EPA on April 12, 
2002. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on January 13, 2004 without further 
notice unless EPA receives adverse comment by December 15, 2003. 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. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of this rule and if that provision may be severed from the 
remainder of the rule, EPA may adopt as final those provisions of the 
rule that are not the subject of an adverse comment.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number, DE067-1041, in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention DE067-1041. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please

[[Page 64542]]

consult the person identified in the FOR FURTHER INFORMATION CONTACT 
section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

IV. Statutory and Executive Order Reviews

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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). This rule also does not 
have tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
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). 
This action 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. 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, Revisions to Delaware's Stage I and 
Stage II vapor recovery regulations, must be filed in the United States 
Court of Appeals for the appropriate circuit by January 13, 2004. 
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, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 5, 2003.
James W. Newsom,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising 
the entries under Regulation 24 for sections 2, 26 and 36 to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

[[Page 64543]]



                                  EPA-Approved Regulations in the Delaware SIP
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                                                        State effective
         State citation             Title/subject            date          EPA approval date      Explanation
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                                                  * * * * * * *
Regulation 24..................                   Control of Volatile Organic Compound Emissions
 
                                                  * * * * * * *
Section 2......................  Definitions........  January 11, 2002..  November 14, 2003,  ..................
                                                                           [Federal Register
                                                                           page citation].
 
                                                  * * * * * * *
Section 26.....................  Gasoline Dispensing  January 11, 2002..  November 14, 2003,  ..................
                                  Facility Stage I                         [Federal Register
                                  Vapor Recovery.                          page citation].
 
                                                  * * * * * * *
Section 36.....................  Stage II Vapor       January 11, 2002..  November 14, 2003,  ..................
                                  Recovery.                                [Federal Register
                                                                           page citation].
 
                                                  * * * * * * *
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[FR Doc. 03-28417 Filed 11-13-03; 8:45 am]
BILLING CODE 6560-50-P