Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of Stage II Vapor Recovery Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA 081-4012a; FRL-5326-5]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of Stage II Vapor Recovery Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

submitted by the Commonwealth of Pennsylvania. This revision

supplements the approved Pennsylvania Stage II regulation by

establishing and requiring appropriate testing and certification of

Stage II vapor recovery equipment for affected sources in Pennsylvania.

The intended effect of this action is to approve these requirements as

a supplement to the Pennsylvania Stage II vapor recovery regulation,

Chapter 129.82. Final approval of these supplemental provisions to the

Stage II regulation will stop the sanctions clock that was started on

June 13, 1994.

DATES: This action will become effective January 22, 1996 unless notice

is received on or before January 12, 1996 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; Pennsylvania

Department of Environmental Protection, Bureau of Air Quality, P.O. Box

8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Cynthia H. Stahl, (215) 597-9337, at

the EPA Region III address above.

SUPPLEMENTARY INFORMATION: On October 26, 1995, the Commonwealth of

Pennsylvania submitted a formal revision to its State Implementation

Plan (SIP). The SIP revision consists of sections 6.7(b), (c), (h) and

section 17(2) of the Pennsylvania Air Pollution Control Act, as amended

on June 29, 1992 and effective on July 9, 1992. These provisions are

meant to supplement the existing Pennsylvania Stage II vapor recovery

regulation, Chapter 129.82. EPA approved the Stage II regulations in a

final limited approval/disapproval rulemaking notice on June 13, 1994

(59 FR 30302). These supplemental provisions correct the deficiencies

identified in that rulemaking notice and the proposal, which was

published on November 29, 1993 (58 FR 62560). The June 13, 1994 final

limited approval/disapproval rulemaking started a sanctions clock that

allowed Pennsylvania 18 months to submit material that would correct

the deficiencies in the Stage II regulation. This 18 month period ends

on January 14, 1996. Final approval of the Stage II regulations will

stop this sanctions clock. The submittal of the supplemental provisions

that correct the existing deficiency in the Pennsylvania Stage II

regulation allows EPA to convert the limited approval/disapproval of

the Pennsylvania Stage II regulation to a full approval; thereby

halting the sanctions clock.

Summary of SIP Revision

Section 17(2) establishes the effective date of the Pennsylvania

Stage II vapor recovery regulations as November 12, 1992. This

effective date is consistent with the requirements of section 182 of

[[Page 63939]]

the Clean Air Act and the EPA Stage II guidance developed under that

section. Sections 6.7(b) and (c) establish the effective date for

affected sources based on their gasoline throughput or construction

date. Section 6.7(h) establishes that the testing and certification

required for all affected sources must be conducted in accordance with

the Stage II guidance issued by EPA. EPA has determined that each of

these provisions is consistent with the Clean Air Act and EPA's Stage

II guidance.

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 January 22, 1996 unless, within 30 days of publication,

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 the 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 January 22, 1996.

Final Action

EPA is approving sections 6.7(b), (c), (h) and section 17(2) of the

Pennsylvania Air Pollution Control Act, as amended on June 29, 1992, as

these provisions correct the deficiencies in the Stage II requirements

in Pennsylvania Chapter 129.82, which were approved in a limited

fashion by EPA on June 13, 1994. An interim final determination

published elsewhere in this Federal Register stops the sanctions clock

that was started when the final limited approval/disapproval action was

published on June 13, 1994 until EPA's full approval of the

Pennsylvania Stage II regulation becomes effective.

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 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

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, 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 Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2). SIP approval

actions

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action proposed/promulgated

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves pre-existing requirements under State or local law, and

imposes no new Federal requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

This action has been classified as a Table 3 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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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

judicial review of this action, pertaining to the approval of

supplemental Stage II provisions in Pennsylvania, must be filed in the

United States Court of Appeals for the appropriate circuit by February

12, 1996. 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: October 31, 1995.

W. Michael McCabe,

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 NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraphs (c)(106) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the Pennsylvania Regulations, Chapter 129.82

pertaining to Stage II Vapor Recovery and the associated definition of

gasoline dispensing facilities originally submitted on March 4, 1992

and supplemented on October 26, 1995 by the Pennsylvania Department of

Environmental Protection (formerly known as the Department of

Environmental Resources):

[[Page 63940]]

(i) Incorporation by reference.

(A) Letter of October 26, 1995 from the Pennsylvania Department of

Environmental Protection transmitting sections 6.7 (b), (c), (h) and

section 17(2) of the Pennsylvania Air Pollution Control Act as amended

on June 29, 1992.

(B) Sections 6.7 (b), (c), (h), and section 17(2) of the

Pennsylvania Air Pollution Control Act, amended June 29, 1992 and

effective on July 9, 1992.

[FR Doc. 95-30109 Filed 12-12-95; 8:45 am]

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