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

Peter Kostmayer
Environmental Protection Agency
23 June 1994

[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15261]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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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]
BILLING CODE 6560-50-F