Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to Stage I and Stage II Vapor Recovery at Gasoline Dispensing Facilities

[Federal Register: November 14, 2003 (Volume 68, Number 220)]
[Rules and Regulations]
[Page 64540-64543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no03-18]

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

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE067-1041a; FRL-7586-2]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Revisions to Stage I and Stage II Vapor Recovery at Gasoline
Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revisions allow existing
gasoline dispensing facilities to continue using installed vapor
recovery equipment and require new gasoline dispensing facilities to be
equipped with the most recently approved system. EPA is proposing to
approve these revisions in accordance with the requirements of the
Clean Air Act.

DATES: This rule is effective on January 13, 2004 without further
notice, unless EPA receives adverse written comment by December 15,
2003. 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: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov, which is an alternative
method for submitting electronic comments to EPA. To submit comments,
please follow the detailed instructions described in Part III of the
Supplementary Information section. Copies of the documents relevant to
this action are available for public inspection during normal business
hours at the Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B108,
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, at (215)
814-2174, or by e-mail at magliocchetti.catherine@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On April 12, 2002, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a formal revision to its State
Implementation Plan (SIP). The SIP revision consists of revisions to
the State's regulations pertaining to the Control of Volatile Organic
Compound Emissions, in particular, Stage I and Stage II vapor recovery
at gasoline dispensing stations. The SIP revision went to public
hearing on September 24, 2001 and became effective on January 11, 2002.

II. Summary of SIP Revision

The 1990 Clean Air Act Amendments (CAAA) required states to develop
regulations requiring owners or operators of certain gasoline
dispensing facilities to install systems for recovery of gasoline vapor
emissions. These requirements are also known as Stage I and Stage II
Vapor Recovery and are required in areas classified as moderate and
above ozone nonattainment. Stage I is the control of gasoline vapors
when dispensing gasoline from tankers into gasoline storage tanks.
Stage II is the control of gasoline vapors when dispensing gasoline
into vehicle fuel tanks from the gasoline storage tanks.
The DNREC adopted definitions pertaining to the Control of Volatile
Organic Compound Emissions (under Regulation 24, section 2), Stage I
regulations (under Regulation 24, section 26) and Stage II regulations
(under Regulation 24, section 36) on January 11, 1993 which became
immediately effective. These regulations were submitted to EPA as a SIP
revision on January 11, 1993. The definitions

[[Page 64541]]

and the Stage I regulations were approved as a final rule by EPA on May
3, 1995 (60 FR 21707), and the Stage II regulations were approved as a
final rule by EPA on June 10, 1994 (59 FR 29956).
The revisions to Regulation 24, sections 2, 26, and 36, submitted
to EPA and the subject of this rulemaking establish:
(a) The requirements for using improved vapor recovery adaptors and
connections,
(b) the requirements for annual vapor recovery testing; and,
(c) the minimum requirements applicable to compliance testing
companies that perform compliance testing in the State of Delaware.
These revisions also adopt by reference, the California Air Resources
Board (CARB) executive orders for approved Stage II Vapor Recovery
Systems.
EPA has reviewed the revisions to Regulation 24, sections 2, 26,
and 36 and has determined that the revisions continue to meet the CAAA
requirements for states to have approved Stage I and Stage II Vapor
Recovery Systems. In addition, the revisions, in general, strengthen
the SIP by providing additional clarification of certain provisions,
requiring that records be maintained onsite and by incorporating by
reference appropriate test methods for vapor recovery systems.

III. Final Action

EPA is approving the revisions to Delaware's regulations that
control VOC emissions, in particular those regulations related to Stage
I and Stage II vapor recovery systems, submitted to EPA on April 12,
2002. 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 January 13, 2004 without further
notice unless EPA receives adverse comment by December 15, 2003. 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. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number, DE067-1041, in the subject line on the first
page of your comment. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
morris.makeba@epa.gov, attention DE067-1041. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://
www.regulations.gov, then select ``Environmental Protection
Agency'' at the top of the page and use the ``go'' button. The list of
current EPA actions available for comment will be listed. Please follow
the online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your identity,
e-mail address, or other contact information unless you provide it in the
body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.

Submittal of CBI Comments

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please

[[Page 64542]]

consult the person identified in the FOR FURTHER INFORMATION CONTACT
section.

Considerations When Preparing Comments to EPA

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.

IV. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (59 FR 22951, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, Revisions to Delaware's Stage I and
Stage II vapor recovery regulations, must be filed in the United States
Court of Appeals for the appropriate circuit by January 13, 2004.
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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: November 5, 2003.
James W. Newsom,
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 et seq.

Subpart I--Delaware

? 2. In Sec. 52.420, the table in paragraph (c) is amended by revising
the entries under Regulation 24 for sections 2, 26 and 36 to read as
follows:

Sec. 52.420 Identification of plan.

* * * * *
(c) * * *

[[Page 64543]]

EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Regulation 24.................. Control of Volatile Organic Compound Emissions

* * * * * * *
Section 2...................... Definitions........ January 11, 2002.. November 14, 2003, ..................
[Federal Register
page citation].

* * * * * * *
Section 26..................... Gasoline Dispensing January 11, 2002.. November 14, 2003, ..................
Facility Stage I [Federal Register
Vapor Recovery. page citation].

* * * * * * *
Section 36..................... Stage II Vapor January 11, 2002.. November 14, 2003, ..................
Recovery. [Federal Register
page citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-28417 Filed 11-13-03; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Revisions to Stage I and Stage II Vapor Recovery at Gasoline Dispensing Facilities

Local Navigation