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

Stanley L. Laskowski
Environmental Protection Agency
10 June 1994

[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14068]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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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