[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Rules and Regulations]
[Pages 70893-70895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2004-PA-0003; FRL-7845-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC Requirements for Portable Fuel Containers

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 
Pennsylvania State Implementation Plan (SIP). The revisions pertain to 
new requirements to control volatile organic compound (VOC) emissions 
from portable fuel containers. EPA is approving these revisions in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on February 7, 2005 without further 
notice, unless EPA receives adverse written comment by January 7, 2005. 
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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2004-PA-0003 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2004-PA-0003, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2004-PA-
0003. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov websites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of material to be 
incorporated by reference are available at the Air and

[[Page 70894]]

Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460. 
Copies of the State submittal are available 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: Cristina Fernandez at(215) 814-2178, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In December 1999, EPA identified emission reduction shortfalls in 
several severe 1-hour ozone nonattainment areas, including those 
located in the Ozone Transport Region (OTR). States were required to 
address the shortfalls in those areas. The Ozone Transport Commission 
(OTC) developed model rules to reduce VOCs for a number of source 
categories. One of the model rules is to reduce VOC emissions from 
portable fuel containers. The OTC model rules are based on existing 
rules developed by the California Air Resources Board (CARB), which 
were analyzed and modified by OTC-formed workgroups to address emission 
reduction needs in the OTR. Adoption and implementation of these model 
rules by the OTR member states is intended to attain and maintain the 
1-hour ozone standard and reduce 8-hour ozone levels.

II. Summary of SIP Revision

    On March 26, 2003, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a formal revision to its SIP. The SIP 
revision consists of new regulation Chapter 130, Subchapter A. Portable 
Fuel Containers, Sections 130.101 through 130.108. This regulation 
applies statewide to any person who sells, supplies, offers for sale, 
or manufactures for sale portable fuel containers and/or spill-proof 
fill spouts for use in Pennsylvania on or after January 1, 2003.
    This regulation requires each portable fuel container and/or spill-
proof fill spout to meet the following requirements: (1) Have an 
automatic shut-off to prevent overfill during refueling, (2) have 
automatic closing and sealing of the container and/or spout when not 
dispensing fuel, (3) have only one opening for both filling and 
pouring, (4) have a minimum flow rate and fill level, (5) meet a 
permeation standard, (6) have a manufacturer's warranty against 
defects, and (7) clearly display a label with the date of manufacture 
and identifying the container and/or spout as a spill proof system. 
Also included in the regulation are provisions for exemptions, 
innovative procedures, administrative requirements, variances, and 
compliance testing procedures.

III. Final Action

    EPA is approving a revision to the Pennsylvania SIP that adds new 
regulation Chapter 130, Subchapter A. Portable Fuel Containers, 
Sections 130.101 through 130.108 to reduce VOC emissions from portable 
fuel containers as a SIP strengthening measure. Implementation of this 
rule will result in statewide emission reductions, and will help the 
Philadelphia-Wilmington-Trenton nonattainment area to attain the 1-hour 
ozone standard.
    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 February 7, 2005 without further 
notice unless EPA receives adverse comment by January 7, 2005. 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.

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 (Public Law 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

[[Page 70895]]

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 February 7, 2005. 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 to approve the Pennsylvania control 
requirements for portable fuel containers 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 24, 2004.
Donald S. Welsh,
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 NN--Pennsylvania

0
2. Section 52.2020 is amended by adding paragraph (c)(229) to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (229) Revisions to the Pennsylvania Regulations, Chapter 130, 
Subchapter A pertaining to volatile organic compound control 
requirements for portable fuel containers submitted on March 26, 2003 
by the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of March 26, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting the Pennsylvania regulations for 
portable fuel containers.
    (B) 25 Pa Code Chapter 130 Subchapter A. Portable Fuel Containers, 
Sections 130.101-130.108, inclusive, effective on October 5, 2002.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(229)(i) of this 
section.

[FR Doc. 04-26941 Filed 12-7-04; 8:45 am]
BILLING CODE 6560-50-P