21706 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

Dated: March 30, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations 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 WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(51) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(51) On April 11, 1994 the

Washington Department of Ecology

(WDOE) submitted the Southwest Air

Pollution Control Authority (SWAPCA)

400 General Regulations for Air

Pollution Sources as a revision to the

Washington State Implementation Plan

(SIP).

(i) Incorporation by reference.

(A) April 11, 1994 letter from the

Director of WDOE to EPA Region 10

submitting the Southwest Air Pollution

Control Authority SWAPCA 400

Regulation, General Regulations for Air

Pollution Sources.

(B) Regulations of the Southwest Air

Pollution Control Authority—Sections

010; 020; 030 except the second

sentences of (14) and (43); 040 except

(1)(c) and (1)(d) (2) (4) and the exception

provision of (6)(a); 050 except the

exception provision of (3); 052; 060; 070

except (7); 081; 090; 100 except the first

sentence of (3)(a)(iv) and (5); 101; 105;

107; 110; 112; 113; 114; 151; 161; 171;

190; 200; 205; 210; 220; 230; 240; 250;

and 260, effective on November 8, 1993.

[FR Doc. 95–10812 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IL107–1–6708a; FRL–5190–4]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA approves the

Illinois, September 26, 1994, State

Implementation Plan (SIP) revision

request which grants a variance to J.M.

Sweeney Co. (Sweeney) from Stage II

vapor recovery requirements from

November 1, 1993, until March 31,

1995. This variance has been granted

because Sweeney has demonstrated that

immediate compliance with the

requirements at issue would impose an

arbitrary and unreasonable hardship.

USEPA made a finding of completeness

on the SIP submittal on October 28,

1994. In the proposed rules section of

this Federal Register, USEPA is

proposing approval of and soliciting

public comment on this requested SIP

revision. If adverse comments are

received on this action, USEPA will

withdraw this final rule and address the

comments received in response to this

action in a final rule on the related

proposed rule which is being published

in the proposed rules section of this

Federal Register. Please be aware that

USEPA will institute another

rulemaking notice on this action only if

warranted by significant revision to the

rulemaking based on any comments

received in response to today’s action.

Parties interested in commenting on this

action should do so at this time.

DATES: This action will be effective July

3, 1995 unless an adverse comment is

received by June 2, 1995. If the effective

date of this action is delayed due to

adverse comments, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section,

Regulation Development Branch (AR–

18J), U.S. Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the Illinois submittal are

available for public review during

normal business hours, between 8:00

a.m. and 4:30 p.m., at the above address.

A copy of this SIP revision is also

available for inspection at: Office of Air

and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

Room 1500, U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Regulation

Development Section, Regulation

Development Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604. Telephone: (312) 886–

6082.

SUPPLEMENTARY INFORMATION: On

January 12, 1993, USEPA approved

Illinois’s Stage II vapor recovery rules

(35 Ill. Adm. Code 218) as a revision to

the Illinois SIP for ozone, applicable to

the Chicago ozone nonattainment area

(Cook, DuPage, Kane, Lake, McHenry,

Will Counties and Aux Sable and Goose

Lake Townships in Grundy County and

Oswego Township in Kendall County).

These regulations satisfy section

182(b)(3) of the Clean Air Act as

amended in 1990, which requires

certain ozone nonattainment areas to

require specified gasoline dispensing

facilities to install and operate Stage II

vapor recovery equipment. Stage II

vapor recovery systems are designed to

control and capture at least 95 percent

of the Volatile Organic Compound

(VOC) vapors emitted during the

refueling of motor vehicles. Among

these Stage II requirements is the

provision that certain gasoline

dispensing facilities, such as Sweeney’s

facility in Cicero, Illinois, must install

Stage II vapor recovery equipment no

later than November 1, 1993.

Sweeney contends that it had

initiated efforts to achieve compliance

by the November 1, 1993 compliance

date. Among these efforts was a site

evaluation conducted by a geophysical

consulting firm. On August 30, 1993,

the consulting firm informed Sweeney

that petroleum contamination likely

occurred at the site. On August 31,

1993, Sweeney notified the Illinois

Emergency Management Agency (IEMA)

of the suspected contamination and of

the likely need for remediation.

Subsequent on-site sampling confirmed

that remediation is necessary and that it

will require removal of both soil and

some of the tanks. Installing Stage II

equipment before the completion of the

remediation would require that some of

the Stage II equipment would have to be

dismantled and removed during the

remediation, which, according to

Sweeney and the Illinois Environmental

Protection Agency, would cost Sweeney

an additional $50,000 to $60,000. As of

July 14, 1994, the full areal extent of the

contamination was yet to be identified,

pending Sweeney’s ability to gain access

to off-site sampling locations.

On December 17, 1993, Sweeney filed

a petition with the Illinois Pollution

Control Board (IPCB) requesting a

variance from meeting the November 1,

1993, compliance date on the grounds

that requiring installation of the Stage II

vapor recovery equipment prior to

remediation would cause an

unreasonable financial hardship. The

IPCB is charged under the Illinois

Environmental Protection Act with the

responsibility of granting variance from

regulations issued by the Board

whenever it is found that compliance

with the regulations would impose an

arbitrary or unreasonable hardship upon

the petitioner for the variance.

On September 1, 1994, the IPCB

granted the variance extending Stage II

compliance for Sweeney until March 31,

1995. Given both the high additional
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21707

cost associated with installing and

dismantling Stage II equipment before

the remediation is completed and the

low environmental impact occasioned

by temporary noncompliance before

March 31, 1995, the IPCB found that

requiring Sweeney to have installed

Stage II equipment by November 1,

1993, does constitute an unreasonable

hardship. Illinois submitted this

variance as a revision to the Illinois

ozone SIP on September 26, 1994.

Final Rulemaking Action

The USEPA is approving this SIP

revision on the basis that the

uncontrolled emissions generated by

Sweeney as a result of the variance will

not contribute significantly to ozone

formation, given that the variance will

expire on March 31, 1995, before the

onset of the ozone season which is April

1.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, USEPA is

publishing a separate document in this

Federal Register publication, which

constitutes a ‘‘proposed approval’’ of the

requested SIP revision and clarifies that

the rulemaking will not be deemed final

if timely adverse or critical comments

are filed. The ‘‘direct final’’ approval

shall be effective on July 3, 1995, unless

adverse or critical comments are

received by June 2, 1995.

If USEPA receives comments adverse

to or critical of the approval discussed

above, USEPA will withdraw the

approval before its effective date by

publishing a subsequent rule that

withdraws this final action. All public

comments received will then be

addressed in a subsequent rulemaking

notice. Please be aware that USEPA will

institute another rulemaking notice on

this action only if warranted by

significant revision to the rulemaking

based on any comments receives in

response to today’s action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received,

USEPA hereby advises that this action

will be effective July 3, 1995.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, USEPA may

certify that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D, of the 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 small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action. The Act forbids the USEPA to

base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256–66 (1976).

Under section 307(b)(1)of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by July 3, 1995. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule for the purpose 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, Ozone,

Volatile organic compounds.

Dated: March 29, 1995.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations 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 O—Illinois

2. Section 52.720 is amended by

adding paragraph (c)(110) to read as

follows:

§ 52.720 Identification of plan.

(c) * * *

(110) On September 26, 1994, the

State of Illinois submitted a revision to

its ozone State Implementation Plan for

the J. M. Sweeney Company located in

Cicero, Cook County, Illinois. It grants a

compliance date extension from Stage II

vapor control requirements (35 Ill. Adm.

Code 218.586) from November 1, 1993,

to March 31, 1995.

(i) Incorporation by reference.

(A) Illinois Pollution Control Board

Final Opinion and Order, PCB 93–257,

adopted on September 1, 1994, and

effective on September 1, 1994.

Certification dated 9/23/94 of

Acceptance by J. M. Sweeney.

[FR Doc. 95–10819 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[DE–16–1–5887a, DE20–1–6548a; FRL–

5180–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware: Regulation 24—Control of

Volatile Organic Compound Emissions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Delaware on

January 11, 1993 and January 20, 1994.

The revision pertains to Delaware

Regulation 24—‘‘Control of Volatile

Organic Compound Emissions’’,

sections 1 to 9, 13 to 35, 37 to 43, and

Appendices A to H. These sections of

Regulation 24 establish emission

standards that represent the application

of reasonably available control

technology (RACT) to categories of

stationary sources of volatile organic

compounds (VOCs), and establish

associated testing, monitoring,

recordkeeping, compliance certification,

and permit requirements. This revision

was submitted to comply with the

RACT ‘‘Catch-up’’ provisions of the

Clean Air Act Amendments of 1990

(CAAA). This action is being taken