Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27875

2.6, 8–1–2.8, 8–1–3.1 through 8–1–3.20,

Appendix I, and Appendix II.

* * * * *

[Editorial note: This document was

received at the Office of the Federal Register

on May 15, 2001.]

[FR Doc. 01–12572 Filed 5–18–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA157–4112a; FRL–6981–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Approval of Revisions to Stage II

Vapor Recovery Regulations for

Southwest Pennsylvania

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 March 6, 2000 by the

Pennsylvania Department of

Environmental Protection (PADEP).

These revisions modify and clarify the

existing regulatory requirements for the

control of volatile organic compounds

(VOCs) from gasoline dispensing

facilities (Stage II) in the PittsburghBeaver Valley ozone nonattainment

area. The revisions modify the

compliance dates and make other

technical amendments. EPA is

approving these revisions to the

Commonwealth of Pennsylvania’s SIP in

accordance with the requirements of the

Clean Air Act (CAA).

DATES: This rule is effective on July 5,

2001 without further notice, unless EPA

receives adverse written comment by

June 20, 2001. 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: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103. You

may inspect copies of the documents

relevant to this action during normal

business hours at the following

locations: Air Protection Division, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460; and the

Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Ellen Wentworth, Project Officer, (215)

814–2034, or by e-mail at

wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Description of the SIP Revision and

EPA’s Action

The information in this section is

organized as follows:

A. What Action Is EPA Taking Today?

B. Why Is EPA Taking This Action?

C. How Did EPA Review the

Commonwealth’s Submittal?

D. Why Is the Request Approvable?

E. What Is the Process for EPA Approval

of This Action?

A. What Action Is EPA Taking Today?

EPA is approving revisions to the

Commonwealth of Pennsylvania SIP

which were submitted on March 6, 2000

by PADEP. These revisions amend the

existing Stage II regulatory requirements

of 25 PA Code, Chapter 129, Standards

for Sources, section 129.82, Control of

VOCs from gasoline dispensing facilities

(Stage II), for the Pittsburgh-Beaver

Valley ozone nonattainment area.

Specifically, the revisions incorporate

revised compliance dates for the

Pittsburgh-Beaver Valley ozone

nonattainment area, and make other

technical amendments. The revised

Stage II compliance dates are as follows:

(1) For facilities for which construction

was commenced after April 1, 1997,

compliance shall be achieved at the

time of the opening of the gasoline

dispensing facility, (2) for facilities

which dispense greater than or equal to

120,000 gallons of gasoline per month,

based on average monthly sales during

calendar years 1995 and 1996,

compliance shall be achieved by July 1,

1999; and (3) for facilities which

dispense greater than 90,000 gallons per

month but less than 120,000 gallons per

month based on average monthly sales

during calendar years 1995 and 1996

compliance shall be achieved by

December 31, 2000. Other revisions

include subsection (d) which provides

that if the onboard canister refueling

emissions control program has been

fully implemented by 2010, the Stage II

systems will no longer be required in

the area. Finally, subsection (e)

establishes the functional testing and

certification requirements consistent

with EPA’s regulations.

B. Why Is EPA Taking This Action?

EPA is approving these SIP revisions

to the Commonwealth of Pennsylvania

SIP at the request of PADEP. The

Commonwealth revised the Stage II

VOC control requirements for

Southwest Pennsylvania based upon the

recommendations of the Southwest

Pennsylvania Ozone Stakeholder

Working Group as part of its ongoing

efforts to address ozone air quality

issues in the Pittsburgh-Beaver Valley

ozone nonattainment area. EPA is

approving these revisions as necessary

for attainment and maintenance of the

ozone standard in Southwest

Pennsylvania.

C. How Did EPA Review the

Commonwealth’s Submittal?

The Commonwealth of Pennsylvania’s

SIP revisions were submitted by PADEP

on March 6, 2000. EPA evaluated the

Commonwealth’s revised Stage II

requirements for Southwest

Pennsylvania 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.

D. Why Is the Request Approvable?

This request is approvable because it

meets the requirements of EPA’s

applicable technical and enforcement

guidance and the CAA.

E. What Is the Process for EPA Approval

of This Action?

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comment. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

written comments be filed. This action

will be effective on July 5, 2001 without

further notice unless EPA receives

adverse comment by June 20, 2001. 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.

27876 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

II. Final Action

EPA is approving revisions to the

Commonwealth of Pennsylvania SIP,

which were submitted on March 6, 2000

by PADEP. These revisions will revise

25 PA Code section 129.82, Control of

VOCs from gasoline dispensing facilities

(Stage II) for Southwest Pennsylvania.

III. What Are the Administrative

Requirements?

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. 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 preexisting 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 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), nor

will it 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), because it 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 (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. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’ issued under the

executive order. 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

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 July 20, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule

approving revisions to the

Commonwealth’s Stage II regulations for

Southwest Pennsylvania 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 1, 2001.

William C. Early,

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 et seq.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraphs (c)(153) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(153) Revisions to the Commonwealth

of Pennsylvania Regulations pertaining

to Stage II VOC control requirements for

Southwest Pennsylvania submitted on

March 6, 2000 by the Pennsylvania

Department of Environmental

Protection:

(i) Incorporation by reference.

(A) Letter of March 6, 2000 from the

Pennsylvania Department of

Environmental Protection transmitting

the revisions to the Stage II VOC control

requirements for Southwest

Pennsylvania.

(B) Revisions to 25 PA Code, Chapter

129, Standards for Sources at section

129.82, Control of VOCs from gasoline

dispensing facilities (Stage II). These

revisions became effective on April 10,

1999.

(ii) Additional Material—Remainder

of March 6, 2000 submittal.

[FR Doc. 01–12574 Filed 5–18–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6978–5]

RIN 2060–AF30

National Emission Standards for

Hazardous Air Pollutants:

Manufacturing of Nutritional Yeast

AGENCY: Environmental Protection

Agency (EPA).