**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Part 52**

**\[EPA-R03-OAR-2006-1011; FRL- \]**

**Approval and Promulgation of Air Quality Implementation Plans;**

**Pennsylvania; Revisions to Stage II Requirements in Allegheny County**

**AGENCY**: Environmental Protection Agency (EPA).

**ACTION**: Direct final rule.

**SUMMARY**: EPA is approving revisions to the Commonwealth of
Pennsylvania

State Implementation Plan which were submitted on November 21, 2006 by
the Pennsylvania Department of Environmental Protection (PADEP). These
revisions modify and clarify the existing regulatory requirements for
the control of volatile organic compounds from gasoline dispensing
facilities in Allegheny County. The revisions modify the compliance
dates and make other minor technical amendments to the efficiency and
compliance testing portions of the Stage II regulations in Allegheny
County. EPA is approving these revisions to the Commonwealth of
Pennsylvania\'s State Implementation Plan in accordance with the
requirements of the Clean Air Act (CAA).

**DATES**: This rule is effective on \[[Insert date 60 days after
publication in the Federal Register\]]{.underline} without further
notice, unless EPA receives adverse written comment by \[[Insert date 30
days after publication in the Federal Register\]]{.underline}. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the [Federal]{.underline} [Register]{.underline}
and inform the public that the rule will not take effect.

**ADDRESSES:** Submit your comments, identified by Docket ID Number
**EPA-R03-OAR-2006-1011** by one of the following methods:

B.  [www.regulations.gov]{.underline}. Follow the on-line instructions
    for submitting comments.

> B. E-mail: fernandez.cristina@epa.gov

C. Mail: **EPA-R03-OAR-2006-1011,** Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D. 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 Docket ID No.
**EPA-R03-OAR-2006-1011**. EPA\'s policy is that all comments received
will be included in the public docket without change, and may be made
available online at [www.regulations.gov]{.underline}, 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
[www.regulations.gov]{.underline} or e-mail. The
[www.regulations.gov]{.underline} website is an Aanonymous 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
[www.regulations.gov]{.underline}, 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
[www.regulations.gov]{.underline} index. 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
[www.regulations.gov]{.underline} 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 the State submittal are available at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105; and
the Allegheny County Health Department, Bureau of Environmental Quality,
Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania
15201.

**FOR FURTHER INFORMATION CONTACT**: Catherine L. Magliocchetti, (215)
814‑2174,

or by e-mail at magliocchetti.catherine@epa.gov.

**SUPPLEMENTARY INFORMATION:** Throughout this document, whenever "we,"
"us," or "our" is used, we mean EPA. This supplementary information is
arranged as follows:

**I. What Action is EPA Taking Today?**

**II. Why is EPA Taking this Action?**

**III. How Did EPA Review the Commonwealth's Submittal?**

IV. **What Final Action is EPA Taking Today?**

V.  **Statutory and Executive Order Reviews**

**I. What Action Is EPA Taking Today?**

EPA is approving revisions to the Commonwealth of Pennsylvania State
Implementation Plan (SIP), which were submitted on November 21, 2006 by
PADEP. These changes to Allegheny County's Article XXI Air Pollution
Control Rules and Regulations amend the existing Stage II regulatory
requirements to conform with 25 PA Code, Chapter 129, Standards for
Sources, section 129.82, Control of volatile organic compounds (VOCs)
from gasoline dispensing facilities. Specifically, the revisions
incorporate revised compliance dates for Allegheny

County, and make other minor technical amendments. The revised Stage II
compliance dates are all now in the past, so gasoline dispensing
facilities with throughputs greater than 10,000 gallons per month are
subject to these regulations. In the case of independent small business
marketers, as defined in Section 324 of the CAA, the regulation does not
apply if the throughput is less than 50,000 gallons per month. Allegheny
County has also revised its regulations to establish functional testing
and certification requirements, as well as recordkeeping requirements
consistent with EPA\'s regulations. The regulation also establishes a
95% efficiency for Stage II vapor recovery systems in Allegheny County,
consistent with EPA requirements.

**II. Why Is EPA Taking This Action?**

EPA is approving these SIP revisions to the Commonwealth of Pennsylvania
SIP. The Allegheny County Health Department (ACHD) revised its Stage II
VOC control requirements in order to follow revisions to Stage II
requirements that were made at the state level. EPA is approving these
revisions as necessary for attainment and maintenance of the ozone
standard in Southwest Pennsylvania.

**III. How Did EPA Review the Commonwealth\'s Submittal?**

The Commonwealth of Pennsylvania\'s SIP revisions were submitted by the
Pennsylvania Department of Environmental Protection (PADEP) on November
21, 2006. EPA evaluated the Commonwealth\'s revised Stage II
requirements for Allegheny County to verify that the revisions were
consistent with the previously approved Stage II regulations for the
Commonwealth and met the requirements found in EPA\'s Stage II
enforcement and technical documentation. The revisions were also
reviewed for compliance with the CAA.

VI. **What Final Action is EPA Taking Today?**

EPA is approving a SIP revision request submitted by PADEP that makes
compliance schedule changes and minor technical amendments to Allegheny
County's Article XXI Air Pollution Control Rules and Regulations
amending the existing Stage II regulatory requirements, controlling the
emission of VOCs from gasoline dispensing facilities.

We are publishing this rule without prior proposal because the Agency
views this as a non-controversial amendment and anticipates no adverse
comment. However, in the AProposed Rules@ section of today=s [Federal
Register]{.underline}, 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 \[[Insert date 60 days from
date of publication in the Federal Register]{.underline}\] without
further notice unless EPA receives adverse comment by \[[Insert date 30
days from date of publication in the]{.underline} [Federal
Register]{.underline}\]. If EPA receives adverse comment, EPA will
publish a timely withdrawal in the [Federal Register]{.underline}
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.

**V. 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]{.underline}.). 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 requirement, and does not alter the relationship
or the distribution of power and responsibilities established in the
CAA. This rule also is not subject to Executive Order 13045 AProtection
of Children from Environmental Health Risks and Safety Risks@ (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.

In reviewing SIP submissions, EPA=s role is to approve state choices,
provided that they meet the criteria of the CAA. 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
CAA. 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]{.underline}.).

**B. Submission to Congress and the Comptroller General**

The Congressional Review Act, 5 U.S.C. 801 [et seq]{.underline}., 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]{.underline}.
This rule is not a Amajor rule@ as defined by 5 U.S.C. 804(2).

**C. Petitions for Judicial Review**

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [\[insert date 60 days from date of publication
of this document in the Federal Register]{.underline}\]. 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, approving revisions to Allegheny County's Stage II
regulations, 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.

/s/

[\_January 8, 2008\_\_\_\_\_\_]{.underline}
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dated: Donald S. Welsh,

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]{.underline}.

Subpart NNBPennsylvania

2\. In \' 52.2020, the table in paragraph (c)(2) is amended by revising
the entry for Article XXI, Section 2105.14 to read as follows:

[\' 52.2020]{.underline} [Identification of plan]{.underline}.

\* \* \* \* \*

\(c\) \* \* \*

\(2\) \* \*\*

+-------------+-------------------+-------+-----------+---+-------------+
| **ARTICLE   | **Title/subject** | **St  | **EPA     | * |             |
| XX or XXI** |                   | ate** | approval  | * |             |
|             |                   |       | date**    | A |             |
| *           |                   | *     |           | d |             |
| *CITATION** |                   | *effe |           | d |             |
|             |                   | ctive |           | i |             |
|             |                   | d     |           | t |             |
|             |                   | ate** |           | i |             |
|             |                   |       |           | o |             |
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|             |                   |       |           | / |             |
|             |                   |       |           | * |             |
|             |                   |       |           | * |             |
|             |                   |       |           |   |             |
|             |                   |       |           | * |             |
|             |                   |       |           | * |             |
|             |                   |       |           | \ |             |
|             |                   |       |           | ' |             |
|             |                   |       |           | 5 |             |
|             |                   |       |           | 2 |             |
|             |                   |       |           | . |             |
|             |                   |       |           | 2 |             |
|             |                   |       |           | 0 |             |
|             |                   |       |           | 6 |             |
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|             |                   |       |           | n |             |
|             |                   |       |           | * |             |
|             |                   |       |           | * |             |
+=============+===================+=======+===========+===+=============+
| \* \* \* \* |                   |       |           |   |             |
| \* \* \*    |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| **Part E -- |                   |       |           |   |             |
| Source      |                   |       |           |   |             |
| Emission    |                   |       |           |   |             |
| and         |                   |       |           |   |             |
| Operating   |                   |       |           |   |             |
| Standards** |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| \* \* \* \* |                   |       |           |   |             |
| \* \* \*    |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| **Subpart 1 |                   |       |           |   |             |
| -- VOC      |                   |       |           |   |             |
| Sources**   |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| \* \* \* \* |                   |       |           |   |             |
| \* \* \*    |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| 2105.14     | Gasoline          | 7/    | \[[Insert |   |             |
|             | Dispensing        | 10/05 | Federal   |   |             |
|             | Facilities --     |       | Register  |   |             |
|             | Stage II Control  |       | pu        |   |             |
|             |                   |       | blication |   |             |
|             |                   |       | date\]    |   |             |
|             |                   |       | \[Insert  |   |             |
|             |                   |       | page      |   |             |
|             |                   |       | number    |   |             |
|             |                   |       | where the |   |             |
|             |                   |       | document  |   |             |
|             |                   |       | beg       |   |             |
|             |                   |       | ins]{.und |   |             |
|             |                   |       | erline}\] |   |             |
+-------------+-------------------+-------+-----------+---+-------------+
| \* \* \* \* |                   |       |           |   |             |
| \* \* \*    |                   |       |           |   |             |
+-------------+-------------------+-------+-----------+---+-------------+

\* \* \* \* \*