Approval and Promulgation of Air Quality Implementation Plans; State of Delaware; Stage II Vapor Recovery Regulations for Gasoline Dispensing Facilities

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE10-1-6433; FRL-4893-1]

Approval and Promulgation of Air Quality Implementation Plans;

State of Delaware; Stage II Vapor Recovery Regulations for Gasoline

Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Delaware. This revision establishes and

requires Stage II Vapor Recovery Regulations for Gasoline Dispensing

Facilities throughout the State of Delaware. The intended effect of

this action is to approve these regulations to satisfy the requirements

of the Clean Air Act (the Act).

EFFECTIVE DATE: This final rule will become effective on July 11, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW., 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, (215) 597-

6863.

SUPPLEMENTARY INFORMATION: On February 11, 1994 (59 FR 6608), EPA

published a notice of proposed rulemaking (NPR) for the State of

Delaware. The NPR proposed approval of the addition of section 36 and

appendix J to Regulation No. 24, Stage II Vapor Recovery Regulations,

into Delaware's ozone SIP. Delaware formally submitted section 36 and

appendix J of Regulation No. 24 to EPA as a SIP revision on January 11,

1993, to comply with the Stage II vapor recovery requirements of

section 182(b)(3) of the Act.

This rulemaking action is approving the addition of section 36 and

appendix J into the Delaware ozone SIP. Section 36 and appendix J

requires Stage II vapor recovery at gasoline dispensing facilities

which dispense 10,000 gallons per month (gpm) or more. Further

discussion of the applicability of this regulation, as well as the

compliance schedule for Delaware's three counties are outlined in the

NPR.

Other specific requirements of the Stage II Vapor Recovery

Regulations for Gasoline Dispensing Facilities and the rationale for

EPA's proposed action are explained in the NPR and will not be restated

here. No public comments were received on the NPR.

Final Action

EPA is approving the SIP revision to add Section 36-Stage II Vapor

Recovery and Appendix J, Procedures for Implementation of Regulations

Covering Stage II Vapor Recovery Systems for Gasoline Dispensing

Facilities to Regulation No. 24, ``Control of Volatile Organic Compound

Emissions'' submitted by the State of Delaware on January 11, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

This action had been classified as a Table 2 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225). However, in an

October 4, 1993 memo, the Acting Assistant Administrator for Air and

Radiation, Michael H. Shapiro, revised these SIP tables so that Table 2

final actions on which no adverse comments were received on the

proposed rule may be delegated to Table 3 actions. No comments were

received concerning this action, therefore, under the new guidelines

this final action may be classified as a Table 3 action. On January 6,

1989, the Office of Management and Budget (OMB) waived Table 2 and

Table 3 SIP revisions from the requirements of section 3 of Executive

Order 12291 for a period of two years. The EPA has submitted a request

for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on EPA's

request. This request is still applicable under Executive Order 12866,

which superseded Executive Order 12291 on September 30, 1993.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this approval of Stage II Vapor Recovery Regulations

for Gasoline Dispensing Facilities in the State of Delaware must be

filed in the United States Court of Appeals for the appropriate circuit

by August 9, 1994. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: May 25, 1994.

Stanley L. Laskowski,

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. 7401-7671q.

Subpart I--Delaware

2. Section 52.420 is amended by adding paragraph (c)(50) to read as

follows:

Sec. 52.420 Identification of plan.

* * * * *

(c) * * *

(50) Revisions to the Delaware State Implementation Plan submitted

on January 11, 1993 by the Delaware Department of Natural Resources &

Environmental Control:

(i) Incorporation by reference.

(A) Letter of January 11, 1993 from the Delaware Department of

Natural Resources & Environmental Control submitting and requesting

approval of Stage II Vapor Recovery Regulations for Gasoline Dispensing

Facilities.

(B) Addition of Section 36-Stage II Vapor Recovery and Appendix J-

Procedures for Implementation of Regulations Covering Stage II Vapor

Recovery Systems for Gasoline Dispensing Facilities to Regulation No.

24, ``Control of Volatile Organic Compound Emissions.'' Section 36 and

Appendix J have an effective date of January 11, 1993.

(ii) Additional materials.

(A) Delaware Secretary's Order No. 93-00078, issued January 11,

1993, adopting Stage II Vapor Recovery Regulations in the State.

(B) Remainder of the January 11, 1993 State submittal pertaining to

Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery

at Gasoline Dispensing Facilities.

[FR Doc. 94-14068 Filed 6-9-94; 8:45 am]

BILLING CODE 6560-50-F