NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Suspension of Enforcement of the Summertime Gasoline Volatility Requirements for the Pittsburgh-Beaver Valley Area
[48 Pa.B. 2347]
[Saturday, April 21, 2018]The Department of Environmental Protection (Department) announces that it is suspending enforcement of the gasoline volatility requirements in 25 Pa. Code Chapter 126, Subchapter C (relating to gasoline volatility requirements) effective May 1, 2018, through September 15, 2018.
Chapter 126, Subchapter C of 25 Pa. code applies to gasoline sold or transferred into or within the Pittsburgh-Beaver Valley Area, which consists of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland Counties. Chapter 126, Subchapter C of 25 Pa. Code requires that only gasoline with a Reid vapor pressure (RVP) of 7.8 pounds per square inch or less (low RVP gasoline) be sold or transferred into or within the Pittsburgh-Beaver Valley Area between May 1 and September 15 of each year. Requirements for refiners, importers, distributors, resellers, terminal owners and operators, and carriers begin May 1 each year. Require-ments for retailers or wholesale purchaser-consumers begin June 1 each year. The requirements in 25 Pa. Code Chapter 126, Subchapter C were approved by the United States Environmental Protection Agency (EPA) at 63 FR 31116 (June 8, 1998) as a Federally-enforceable control measure in the Commonwealth's State Implementation Plan (SIP).
The Environmental Quality Board published a final-form rulemaking amending 25 Pa. Code Chapter 126, Subchapter C that will make 25 Pa. Code Chapter 126, Subchapter C no longer applicable upon the effective date of approval by the EPA of the removal, suspension or replacement of 25 Pa. Code Chapter 126, Subchapter C as a Federally-enforceable control measure in the Commonwealth's SIP. See 48 Pa.B. 1932 (April 7, 2018). To obtain the EPA's approval of the removal, suspension or replacement of 25 Pa. Code Chapter 126, Subchapter C from the Commonwealth's SIP, the Department is developing a SIP revision that demonstrates that the removal of 25 Pa. Code Chapter 126, Subchapter C as a Federally-enforceable control measure will not interfere with the maintenance or attainment of any National Ambient Air Quality Standard or other applicable requirement of the Clean Air Act (42 U.S.C.A. §§ 7401—7671q). The Department published notice of a public comment period and public hearing for this SIP revision at 48 Pa.B. 1481 (March 10, 2018). The comment period closed on April 9, 2018, and no comments were received.
In light of the uncertainty as to when the EPA may act on this SIP revision, and in an effort to inform the regulated community as to the Department's intentions regarding summertime gasoline volatility requirements compliance obligations for the Pittsburgh-Beaver Valley Area, the Department is providing this notice that it is suspending the enforcement of 25 Pa. Code Chapter 126, Subchapter C effective from May 1, 2018, until September 15, 2018.
The Department's exercise of enforcement discretion does not protect a person or entity subject to 25 Pa. Code Chapter 126, Subchapter C from the possibility of legal challenge by third persons under 25 Pa. Code Chapter 126, Subchapter C or the Commonwealth's approved SIP. For more information or questions regarding compliance requirements under 25 Pa. Code Chapter 126, Subchapter C, contact Susan Foster, Chief, Division of Compliance and Enforcement, Bureau of Air Quality, (717) 772-3369, sufoster@pa.gov.
PATRICK McDONNELL,
Secretary
[Pa.B. Doc. No. 18-608. Filed for public inspection April 20, 2018, 9:00 a.m.]
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