[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Rules and Regulations]
[Pages 34432-34435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14027]



40 CFR Part 52

[EPA-R03-OAR-2014-0298; FRL-9912-21-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Portable Fuel Container Amendment to Pennsylvania State 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Commonwealth of 
Pennsylvania's State Implementation Plan (SIP). The revision involves 
removing the Commonwealth's portable fuel container (PFC) regulations 
for control of evaporative emissions from new and in-use PFCs from the 
Pennsylvania SIP. In the submittal, Pennsylvania demonstrates that 
Federal PFC regulations promulgated by EPA in 2007 are expected to 
provide equal to or greater emissions reductions than those resulting 
from the Commonwealth's. EPA is approving this revision removing the 
Commonwealth's PFC regulations because the revision is in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 18, 2014 without further 
notice, unless EPA receives adverse written comment by July 17, 2014. 
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 Docket ID Number EPA-
R03-OAR-2014-0298 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0298, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. 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 Docket ID No. EPA-R03-OAR-
2014-0298. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or email. The 
www.regulations.gov Web site is 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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

[[Page 34433]]

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 
www.regulations.gov index. 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 www.regulations.gov 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 the State submittal 
are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality, P.O. Box 8468, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].


I. Background

    On March 7, 2014, the Commonwealth of Pennsylvania submitted a 
formal revision to its SIP. The SIP revision consists of removing from 
the Pennsylvania SIP the Commonwealth's PFC regulations, formerly 
located at 25 Pa. Code Sec. Sec.  130.101-130.108, relating to the 
control of evaporative emissions from new and in-use PFCs. The 
Commonwealth requested the removal of Pennsylvania's state-specific 
regulations because they have been superseded by new, more stringent 
Federal PFC regulations, codified at 40 CFR 59.600-59.699.
    The Commonwealth's PFC regulations were published October 5, 2002 
(32 Pa.B. 4819) and limited emissions of volatile organic compounds 
(VOCs) into the atmosphere from the use of PFCs designed to hold 
gasoline. The regulations restricted the sale, supply, offer for sale, 
and manufacture of PFCs and spouts for sale and for use in the 
Commonwealth on or after January 1, 2003. The regulations were part of 
the Commonwealth's plan to attain and maintain the National Ambient Air 
Quality Standards (NAAQS) for ground-level ozone since VOCs are a 
precursor to the formation of ground-level ozone, and high 
concentrations of ground-level ozone are a serious public health and 
welfare threat. The PFC regulations were approved as a SIP revision by 
EPA on December 8, 2004. 69 FR 70893. Following the regulations' 
approval into the Pennsylvania SIP, the PFC regulations were included 
as a VOC control measure in Redesignation Requests and Maintenance 
Plans for the 1997 8-hour ozone NAAQS as well as the Attainment 
Demonstration for the Philadelphia Area Ozone Nonattainment Area for 
the 1997 8-hour ozone NAAQS.
    On February 26, 2007, EPA promulgated Federal PFC requirements (72 
FR 8428), which were codified at 40 CFR 59.600-59.699 and became 
effective nationwide beginning January 1, 2009. The Pennsylvania 
Environmental Quality Board (EQB) subsequently amended 25 Pa. Code 
Chapter 130 (relating to standards for products) by publishing the 
repeal of the PFC regulations (25 Pa. Code Sec. Sec.  130.101-130.108) 
on July 14, 2012 (42 Pa.B. 4463). The Federal PFC regulations aim to 
reduce nationwide hydrocarbon emissions from containers due to 
evaporation, permeation, and spillage and are more stringent than those 
found in the Pennsylvania regulations.

II. Summary of SIP Revision

    Pennsylvania compared requirements of the Commonwealth's former PFC 
regulations with the Federal PFC requirements (Table 1). Each of the 
Federal requirements is equally as stringent as, or more stringent 
than, the Commonwealth's PFC requirements and achieve greater emission 
reductions than Pennsylvania's PFC regulations:
     Pennsylvania's regulations applied only to PFCs for 
gasoline fuels whereas the Federal regulations apply to portable 
containers for diesel and kerosene as well as for gasoline fuels.
     Pennsylvania's regulations required automatic shut-off 
spouts whereas the Federal regulations do not require automatic shut-
off spouts. In 72 FR 8428, 8500, EPA notes that automatic shut-off 
spouts actually increase spillage and emissions due to the wide variety 
of fill-hole designs on the receiving fuel tanks, resulting in the auto 
shut-off spouts not working well with a variety of equipment types.
     The Federal permeation and evaporation standard for PFCs 
of less than 0.3 grams hydrocarbons per gallon of fuel per day is 25 
percent more stringent than the permeation standard of less than 0.4 
grams per gallon of gasoline per day in Pennsylvania's regulations.
     Pennsylvania's regulations did not prevent cross state 
border sales of non-compliant PFCs, whereas the Federal requirements 
apply to all PFCs manufactured in or imported into the United States 
for use in the United States beginning January 1, 2009. This reduces 
the opportunity for cross-state border sales of non-compliant PFCs.

    Table 1--Comparison of Pennsylvania's and EPA's PFC Requirements
 Applicable VOC emission control  Pennsylvania's PFC      Federal PFC
           requirement               requirements        requirements
One Opening per Container.......  Required..........  Required.
Spout: Auto Close and Seal......  Required..........  Required.
Spout: Auto Shut-off............  Required..........  Not Required.
Warranty........................  Required..........  Required.
Permeation Barrier Seal.........  Less than 0.4       Less than 0.3
                                   grams               grams
                                   hydrocarbons/       hydrocarbons/
                                   gallon/day.         gallon/day.
Non-gasoline PFC Affected.......  No................  Yes.
Applicable to All 50 States.....  No................  Yes.

    Section 110(l) of the CAA states that the EPA Administrator may not 
approve a revision to a SIP if the revision would interfere with any 
applicable requirements concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA. EPA finds 
Pennsylvania has demonstrated that repealing the Commonwealth's 
regulatory requirements and relying on the Federal requirements for 
PFCs is not contrary to section 110(l) by calculating and comparing 
estimated statewide VOC emissions resulting from both the Commonwealth 
and Federal PFC

[[Page 34434]]

regulations for the years 2002, 2009, and 2018 (Table 2). A more 
detailed description of Pennsylvania's methodology for calculating VOC 
emissions and EPA's evaluation can be found in the Technical Support 
Document (TSD) with Docket ID No. EPA-R03-OAR-2014-0298 prepared in 
support of this rulemaking action.

           Table 2--Comparison of VOC Emissions Estimates for Federal and Pennsylvania PFC Regulations
                                                                       2002            2009            2018
PA Rule VOC Emissions in tons per year (TPY)....................     * 12,255.32        8,923.08        6,148.05
Federal Rule VOC Emissions (in TPY).............................     * 12,255.32     ** 7,917.66     ** 3,202.11
Additional VOC Emissions Reductions (in TPY) from Federal Rule..             N/A        1,005.42        2,945.94
* The 2002 actual VOC emissions estimate was used as the basis for the demonstration for both the Commonwealth
  and the Federal calculations because neither the Federal nor the Commonwealth regulation was in effect in
  2002. See TSD for a more detailed explanation.
** Assumes some Commonwealth-compliant PFC containers remain in use until replaced with Federal-compliant
  containers as discussed in more detail in the TSD.

    EPA finds the repeal of the provisions set forth in 25 Pa. Code 
Sec. Sec.  130.101-130.108 and removal from the Pennsylvania SIP do not 
negatively affect ozone air quality because the more stringent Federal 
PFC requirements at 40 CFR 59.600-59.699 supersede the Commonwealth's 
regulations. The reductions of VOC emissions achieved through the 
Commonwealth's PFC regulations will be maintained and likely exceeded 
by the VOC emission reductions achieved through the Federal PFC 
requirements because the Federal regulations are more stringent.

III. Final Action

    EPA is approving the revisions to the Commonwealth of 
Pennsylvania's SIP which remove the Commonwealth's PFC regulations 
because it is expected that reliance on the more stringent Federal PFC 
standards will ensure that emission reductions equivalent to or greater 
than those in the repealed Pennsylvania PFC regulations will continue 
to be achieved in the Commonwealth. Accordingly, it is expected that 
this SIP revision will not have a negative impact on the emission 
reductions claimed in the Pennsylvania SIP nor on Pennsylvania's 
attainment of the NAAQS for ozone. Thus, EPA can approve this revision 
in compliance with section 110(l) of the CAA. 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 August 18, 2014 without further notice unless EPA 
receives adverse comment by July 17, 2014. 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. 
EPA may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

[[Page 34435]]

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 18, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
    This rulemaking action approving Pennsylvania's SIP revision, which 
involves removing the Commonwealth's PFC regulations because they are 
being superseded with the Federal PFC regulations, 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: May 29, 2014.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:


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

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

Subpart NN--Pennsylvania

2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
removing the entries for Chapter 130--Standards for Products, 
Subchapter A--Portable Fuel Containers, Sections 130.101 through 

3. Section 52.2037 is amended by adding paragraph (t) to read as 

Sec.  52.2037  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (t) On July 14, 2012, Pennsylvania repealed the provisions set 
forth in Sections 130.101 through 130.108 pertaining to Portable Fuel 
Containers. Pennsylvania's regulations in the Pennsylvania State 
Implementation Plan were removed because they are superseded by more 
stringent Federal requirements codified at 40 CFR 59.600 through 
59.699, relating to control of evaporative emissions from new and in-
use portable fuel containers.

[FR Doc. 2014-14027 Filed 6-16-14; 8:45 am]