Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Virginia; Stage II Vapor Recovery Regulation for Gasoline Dispensing Facilities

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA 23-1-6345; FRL-4895-3]

Approval and Promulgation of Air Quality Implementation Plans;

Commonwealth of Virginia; Stage II Vapor Recovery Regulation 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 Commonwealth of Virginia. This revision establishes

and requires the installation and use of Stage II vapor recovery

equipment on facilities dispensing gasoline to motor vehicles in the

Northern Virginia and Richmond nonattainment areas classified serious

and moderate, respectively.

On November 5, 1992, the Commonwealth of Virginia submitted a SIP

revision request to EPA to satisfy the Clean Air Act (the Act). The Act

requires ozone nonattainment areas classified as moderate or worse to

require owners and operators of gasoline dispensing facilities within

those areas to install and operate Stage II vapor recovery equipment.

This revision applies to the Virginia portion of the Washington, DC

ozone nonattainment area and the Richmond ozone nonattainment area. The

revision also contains several other minor amendments to Virginia's

Rule 4-37. Although these changes do not necessarily pertain to the

Stage II program, they will affect the non-Stage II requirements

previously established by this rule. The intended effect of this action

is to approve Virginia's Stage II program. This action is being taken

under section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on July 25, 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; and at the Air and Radiation Docket and Information Center, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460. Copies of relevant documents may also available at the Virginia

Department of Environmental Quality, 629 East Main Street, Richmond,

Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Brian K. Rehn, (215) 597-4554 at the

Region III address.

SUPPLEMENTARY INFORMATION: On February 4, 1994 (59 FR 5374), EPA

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

Virginia. The NPR proposed approval of title 120-01 of Virginia's

Regulations for the Abatement of Air Pollution, part IV, Rule 4-37

(sections 120-04-3701 to 120-04-3715); as well as appendices P and S of

Rule 4-37. These elements were submitted by Virginia in a formal SIP

revision on November 5, 1992. Appendix P of Virginia's VR 120-01, Rule

4-37 contains a list of VOC and nitrogen oxides emissions control areas

in the Commonwealth. Virginia submitted this appendix to EPA for

informational purposes only, and this appendix was not to be construed

as an official portion of the SIP. Therefore, although EPA proposed

approval of this section in its February 4, 1994 NPR, EPA is not

approving Appendix P of Rule 4-37 in today's action.In today's action

EPA is also revoking the text found at title 40, Sec. 52.2439 of

subpart VV of the Code of Federal Regulations and placing that section

in reserve. This subsection provided for the control of evaporative

losses from the filling of gasoline tanks, but its compliance date was

deferred indefinitely in a January 6, 1975 Federal Register document

(40 FR 1127). Today's action supersedes this previous action for the

control of vehicle emissions from the refueling of vehicular tanks.

Other specific requirements of Virginia's Stage II regulation, as well

as the other emission standards for petroleum liquid storage and

transfer operations included under Rule 4-37, 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 title 120-01 of Virginia's Regulations for the

Abatement of Air Pollution, Rule 4-37 (sections 120-04-3701 to 120-04-

3715), and appendix S of Rule 4-37, as a revision to the Virginia SIP.

These regulations provide for the reduction in emissions from petroleum

liquid storage and transfer operations--particularly by requiring the

installation and use of Stage II vapor recovery equipment for the

control of vehicle refueling emissions. In today's action, EPA is also

revoking 40 CFR 52.2439 and reserving that subsection.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the Act, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIP's on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

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 has 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 memorandum, 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. A future document

will inform the general public of these tables. On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP

revisions (54 FR 2222) 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 USEPA's

request. This request continues in effect 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 action must be filed in the United States Court

of Appeals for the appropriate circuit by August 22, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

approving Virginia's Stage II regulation 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) of the Act).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone, Reporting and recordkeeping

requirements.

Dated: May 31, 1994.

Peter Kostmayer,

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 VV--Virginia

2. Section 52.2420 is amended by adding paragraph (c)(101) to read

as follows:

Sec. 52.2420 Identification of plan.

* * * * *

(c) * * *

(101) Revisions to the Virginia regulation for the control of

volatile organic compounds emitted from petroleum liquid storage and

transfer operations, primarily related to the addition of Stage II

vapor recovery equipment on gasoline refueling equipment, as submitted

on November 5, 1992 by the Virginia Department of Air Pollution Control

(now the Virginia Department of Environmental Quality).

(i) Incorporation by reference.

(A) Letter of November 5, 1992 from the Virginia Department of Air

Pollution Control requesting approval of revisions to the

Commonwealth's State Implementation Plan's requirements for volatile

organic compounds from petroleum liquid storage and transfer

operations, primarily concerning the addition of provisions for Stage

II vapor recovery systems.

(B) Virginia Regulation VR 120-01, Part IV (Rule 4-37), with an

effective date of January 1, 1993.

(C) Appendix S to VR 120-01, Part IV (Rule 4-37), having an

effective date of January 1, 1993.

(D) Virginia Department of Air Pollution Control's Air Quality

Program Policies and Procedures document entitled ``Procedures for

Implementation of Regulations Covering Stage II Vapor Recover Systems

for Gasoline Dispensing Facilities'' (AQP-9). The effective date of

this document is January 1, 1993.

(ii) Additional material.

(A) Remainder of November 5, 1992 State submittal.

(B) Letter dated August 18, 1993 from the Virginia Department of

Environmental Quality transmitting Virginia's request that section

III.F.2 of Virginia's policies and procedures document entitled

``Procedures for Implementation of Regulations Covering Stage II Vapor

Recover Systems for Gasoline Dispensing Facilities'' (AQP-9) be

included in the Commonwealth's State Implementation Plan.

Sec. 52.2439 [Removed]

3. Section 52.2439 is removed and reserved.

[FR Doc. 94-15261 Filed 6-22-94; 8:45 am]

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