[Federal Register: December 8, 2004 (Volume 69, Number 235)]
[Rules and Regulations]
[Page 70893-70895]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de04-10]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2004-PA-0003; FRL-7845-3]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; VOC Requirements for Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Pennsylvania State Implementation Plan (SIP). The revisions pertain to
new requirements to control volatile organic compound (VOC) emissions
from portable fuel containers. EPA is approving these revisions in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on February 7, 2005 without further
notice, unless EPA receives adverse written comment by January 7, 2005.
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: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2004-PA-0003 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2004-PA-0003, Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2004-PA-
0003. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov websites are an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of material to be
incorporated by reference are available at the Air and
[[Page 70894]]
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460.
Copies of the State submittal are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality, P.O. Box
8468, 400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Cristina Fernandez at(215) 814-2178,
or by e-mail at fernandez.cristina@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In December 1999, EPA identified emission reduction shortfalls in
several severe 1-hour ozone nonattainment areas, including those
located in the Ozone Transport Region (OTR). States were required to
address the shortfalls in those areas. The Ozone Transport Commission
(OTC) developed model rules to reduce VOCs for a number of source
categories. One of the model rules is to reduce VOC emissions from
portable fuel containers. The OTC model rules are based on existing
rules developed by the California Air Resources Board (CARB), which
were analyzed and modified by OTC-formed workgroups to address emission
reduction needs in the OTR. Adoption and implementation of these model
rules by the OTR member states is intended to attain and maintain the
1-hour ozone standard and reduce 8-hour ozone levels.
II. Summary of SIP Revision
On March 26, 2003, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a formal revision to its SIP. The SIP
revision consists of new regulation Chapter 130, Subchapter A. Portable
Fuel Containers, Sections 130.101 through 130.108. This regulation
applies statewide to any person who sells, supplies, offers for sale,
or manufactures for sale portable fuel containers and/or spill-proof
fill spouts for use in Pennsylvania on or after January 1, 2003.
This regulation requires each portable fuel container and/or spill-
proof fill spout to meet the following requirements: (1) Have an
automatic shut-off to prevent overfill during refueling, (2) have
automatic closing and sealing of the container and/or spout when not
dispensing fuel, (3) have only one opening for both filling and
pouring, (4) have a minimum flow rate and fill level, (5) meet a
permeation standard, (6) have a manufacturer's warranty against
defects, and (7) clearly display a label with the date of manufacture
and identifying the container and/or spout as a spill proof system.
Also included in the regulation are provisions for exemptions,
innovative procedures, administrative requirements, variances, and
compliance testing procedures.
III. Final Action
EPA is approving a revision to the Pennsylvania SIP that adds new
regulation Chapter 130, Subchapter A. Portable Fuel Containers,
Sections 130.101 through 130.108 to reduce VOC emissions from portable
fuel containers as a SIP strengthening measure. Implementation of this
rule will result in statewide emission reductions, and will help the
Philadelphia-Wilmington-Trenton nonattainment area to attain the 1-hour
ozone standard.
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 February 7, 2005 without further
notice unless EPA receives adverse comment by January 7, 2005. 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.
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 (Public Law 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 (65 FR 67249, 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
[[Page 70895]]
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 must be filed in the United States Court
of Appeals for the appropriate circuit by February 7, 2005. 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 to approve the Pennsylvania control
requirements for portable fuel containers 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: November 24, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. Section 52.2020 is amended by adding paragraph (c)(229) to read as
follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(229) Revisions to the Pennsylvania Regulations, Chapter 130,
Subchapter A pertaining to volatile organic compound control
requirements for portable fuel containers submitted on March 26, 2003
by the Pennsylvania Department of Environmental Protection.
(i) Incorporation by reference.
(A) Letter of March 26, 2003 from the Pennsylvania Department of
Environmental Protection transmitting the Pennsylvania regulations for
portable fuel containers.
(B) 25 Pa Code Chapter 130 Subchapter A. Portable Fuel Containers,
Sections 130.101-130.108, inclusive, effective on October 5, 2002.
(ii) Additional Material. Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(229)(i) of this
section.
[FR Doc. 04-26941 Filed 12-7-04; 8:45 am]
BILLING CODE 6560-50-P