Approval and Promulgation of Air Quality Implementation Plans; Delaware``Bulk Gasoline Marine Tank Vessel Loading Facilities''

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE25-1-6742a; FRL-5223-3]

Approval and Promulgation of Air Quality Implementation Plans;

Delaware--``Bulk Gasoline Marine Tank Vessel Loading Facilities''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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

submitted by the State of Delaware on August 26, 1994. This revision

establishes and requires control of volatile organic compound from

marine vessel transfer operations. The intended effect of this action

is to approve Regulation 24, Section 43, ``Bulk Gasoline Marine Tank

Vessel Loading Facilities'', in accordance with section 183(f). This

action is being taken under section 110 of the Clean Air Act (CAA).

[[Page 38711]]

DATES: This action will become effective September 26, 1995 unless

notice is received on or before August 28, 1995 that adverse or

critical comments will be submitted. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection

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

19107. 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 the

Delaware Department of Natural Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at the

EPA Region III address above.

SUPPLEMENTARY INFORMATION: On August 26, 1994, the State of Delaware

submitted a formal revision to its State Implementation Plan (SIP). The

SIP revision consists of Regulation 24, ``Control of Volatile Organic

Compound (VOC) Emissions'', by renumbering existing Section 43, ``Other

Facilities that Emit VOCs'', to Section 50 and adding a new Section 43,

``Bulk Gasoline Marine Tank Vessel Loading Facilities'', effective

August 26, 1994.

Background

Pursuant to section 183(f) of the CAA, as amended, EPA is required

to promulgate federal regulations for marine vessel loading facilities

by November 15, 1992. EPA has not yet promulgated final regulations

governing marine vessel loading and unloading facilities. Section

183(f)(4) of the CAA provides that a state's regulations governing

emissions from tank vessels, must be at least as stringent as the

Federal standards. In the future, if EPA determines that Delaware's

regulations are less stringent than the federal regulations, once

promulgated, those federal regulations shall preempt the Delaware's

regulations and EPA will require Delaware to amend its SIP so that it

is at least as stringent as the federal regulations.

VOCs contribute to the production of ground level ozone and smog.

This rule was adopted as part of an effort to achieve the National

Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's

evaluation of and action on Section 43 of Regulation 24 for the State

of Delaware. Detailed descriptions of the amendments addressed in this

document, and EPA's evaluation of the amendments, are contained in the

technical support document (TSD) prepared for these rulemaking actions

by EPA. Copies of the TSD are available from the EPA Regional office

listed in the ADDRESSES section of this document.

State Submittal

1. Section 43(a)(1) states that the regulation applies to all

loading berths at any bulk marine tank vessel loading facility that

delivers gasoline into marine tank vessels (Section (43)(a)(1)).

2. Section 43(c)(1) requires each loading berth at any bulk marine

tank vessel loading facility to be equipped with a vapor collection

system that is designed to collect all VOC vapors displaced from marine

tank vessels during loading, ballasting, or housekeeping.

3. Section 43(c)(2) requires that each vapor collection system be

designed to prevent any VOC vapors collected at one loading berth from

passing to another loading berth.

4. Section 43(c)(3) requires each loading berth at any bulk marine

tank vessel loading facility to reduce total VOC emissions by 98

weight-percent using a combustion device, and 95 weight-percent using a

vapor recovery device.

5. Section 43(c)(9) requires that the loading of gasoline marine

tank vessels be restricted to the use of submerged fill.

6. Section 43(c)(6) limits loading of gasoline to marine tank

vessels whose vapor collection system is connected to the vapor

collection system of the bulk gasoline marine tank loading facility.

7. Section 43(c)(7) ensures that the maximum normal operating

pressure of the marine tank vessel vapor collection equipment must not

exceed 0.8 times the set relief pressure of the pressure-vacuum vents

in the vessel compartment.

8. Section 43(c)(8) requires each loading berth that loads gasoline

into marine tank vessels, be inspected for total organic compound

liquid and vapor leaks during product transfer operations. Each

detection of a leak must be tagged and recorded and the source of the

leak repaired within 15 days. A first attempt at repair must be made no

later than 5 calendar days after the leak is detected.

EPA's Evaluation

The regulations listed above are approvable as SIP revisions

because they conform to EPA guidance and comply with the requirements

of the CAA.

As required by 40 CFR 51.102, the State of Delaware has certified

that a public hearing with regard to these revisions was held in

Delaware on April 13, 1994.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective September 26, 1995, unless, by August 28, 1995, adverse or

critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on September 26, 1995.

Final Action

EPA is approving Regulation 24, ``Control of VOC Emissions'',

renumbering the existing Section 43, ``Other Facilities that Emit

VOCs'', to Section 50 and adding a new Section 43, ``Bulk Gasoline

Marine Tank Vessel Loading Facilities'', as a revision to the Delaware

SIP. The State of Delaware submitted these amendments to EPA as a SIP

revision on August 26, 1994.

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.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify

[[Page 38712]]

that the rule will not have a significant impact on a substantial

number of small entities. Small entities include small businesses,

small not-for-profit enterprises, and government entities with

jurisdiction over populations of less than 50,000.

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

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, the Administrator

certifies 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 CAA, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The CAA 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).

Under sections 202, 203, and 205, of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 182 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. The rules being approved by this action will

impose no new requirements; such sources are already subject to these

regulations under State law. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action. EPA has also determined that this final action does not

include a mandate that may result in estimated costs of $100 million or

more to State, local, or tribal governments in the aggregate or to the

private sector.

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), as revised by

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from E.O. 12866 review.

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action approving Delaware's regulation on Bulk Gasoline Marine

Tank Vessel Loading Facilities, must be filed in the United States

Court of Appeals for the appropriate circuit by September 26, 1995.

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: April 13, 1995.

W.T. Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52, subpart I of chapter I, title 40 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)(53) to read as

follows:

Sec. 52.420 Identification of plan.

* * * * *

(c) * * *

(53) Revisions to the Delaware Regulations on the control of

volatile organic compound emissions from marine vessel transfer

operations submitted on August 26, 1994 by the Delaware Department of

Natural Resources & Environmental Control:

(i) Incorporation by reference.

(A) Letter of August 26, 1994 from the Delaware Department of

Natural Resources & Environmental Control transmitting Regulation 24,

``Control of Volatile Organic Compound Emissions'', by renumbering

existing Section 43, ``Other Facilities that Emit Volatile Organic

Compounds,'' to Section 50 and adding a new Section 43, ``Bulk Gasoline

Marine Tank Vessel Loading Facilities''.

(B) Administrative changes to Section 50: renumbering existing

Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43;

and the new Section 43, effective August 26, 1994.

(ii) Additional material.

(A) Remainder of August 26, 1994 State submittal pertaining to

Regulation 24 referenced in paragraph (c)(53)(i) of this section.

[FR Doc. 95-18515 Filed 7-27-95; 8:45 am]

BILLING CODE 6560-50-P