	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]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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 Docket ID Number
EPA-R03-OAR-2006-1011  by one of the following methods:

www.regulations.gov.  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, 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 or
e-mail.  The www.regulations.gov website is 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 
www.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
www.regulations.gov 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 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?

What Final Action is EPA Taking Today?

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.

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 (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 [Insert date 60 days from date of
publication in the Federal Register] without further notice unless EPA
receives adverse comment by [Insert date 30 days from date of
publication in the Federal Register].  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.  

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.). 
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 (Protection 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.).

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 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].  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______                   		         
__________________________

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.

Subpart NN(Pennsylvania

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  	Identification of plan.

* 	* 	* 	* 	*

(c) * * *  

(2) * **

ARTICLE XX or XXI

CITATION	

Title/subject	

State

effective date	

EPA approval date	

Additional explanation/

(52.2063 citation



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Part E – Source Emission and Operating Standards



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Subpart 1 – VOC Sources





*      *      *      *      *     *      *



2105.14	

Gasoline Dispensing Facilities – Stage II Control	7/10/05	

[Insert Federal Register publication date] [Insert page number where the
document begins]

	*      *      *      *      *     *      *



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