Approval and Promulgation of Implementation Plans; Florida; Removal of Gasoline Vapor Recovery From Southeast Florida Areas, 53378-53383 [E8-21303]
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations
EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
Applicable geographic or
nonattainment area
*
*
1997 8-Hour Ozone Section 110
Maintenance Plan.
*
New Orleans Ozone Maintenance Area (including Jefferson, Orleans, St. Bernard and
St. Charles Parishes), LA.
3. Section § 52.975, entitled,
‘‘Redesignations and maintenance
plans; ozone’’, is amended by adding a
new paragraph (k) as follows:
§ 52.975 Redesignations and maintenance
plans; ozone.
*
*
*
*
*
(k) Approval. The LDEQ submitted a
maintenance plan addressing the 1997
8-hour ozone standard for the New
Orleans Ozone Maintenance Area on
June 29, 2007. This area is designated
unclassifiable/attainment for the 1997
ozone standard. EPA determined this
request for the New Orleans Ozone
Maintenance Area was complete on
August 8, 2007. This maintenance plan
meets the requirements of section
110(a)(1) of the CAA, and is consistent
with EPA’s maintenance plan guidance
document dated May 20, 2005. The EPA
therefore approved the 1997 8-hour
ozone NAAQS maintenance plan for the
New Orleans Ozone Maintenance Area
including the parishes of Jefferson,
Orleans, St. Bernard and St. Charles on
September 16, 2008.
*
*
*
*
*
[FR Doc. E8–21196 Filed 9–15–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0836–200739(a);
FRL–8714–8]
Approval and Promulgation of
Implementation Plans; Florida;
Removal of Gasoline Vapor Recovery
From Southeast Florida Areas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is approving the State
Implementation Plan (SIP) revision
submitted by the State of Florida
(Florida) on May 31, 2007, for the
purpose of removing Stage II vapor
control requirements for new and
upgraded gasoline dispensing facilities
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State submittal
date/effective
date
*
6/29/07
EPA approval date
*
*
9/16/08.
[Insert FR page number
where document begins].
in Dade, Broward, and Palm Beach
Counties (hereafter refer to as the
‘‘Southeast Florida Area’’), and to phase
out Stage II requirements for existing
facilities in those counties. In addition,
EPA is approving this SIP revision
which requires new and upgraded
gasoline dispensing facilities and new
bulk gasoline plants statewide to
employ Stage I vapor control systems,
and phases in Stage I vapor control
requirements statewide for existing
gasoline dispensing facilities.
DATES: This direct final rule is effective
November 17, 2008 without further
notice, unless EPA receives adverse
comment by October 16, 2008. 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 No. EPA–R04–
OAR–2007–0836, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: lesane.heidi@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2007–
0836,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Heidi
LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2007–
0836. EPA’s policy is that all comments
received will be included in the public
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Explanation
*
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 through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site 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. For additional information
about EPA’s public docket visit the EPA
Docket Center home page at https://
www.epa.gov/epahome/dockets.htm.
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 at the Regulatory
Development Section, Air Planning
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Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9074.
Ms. LeSane can also be reached via
electronic mail at lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Effective January 6, 1992, EPA under
the Clean Air Act Amendments of 1990
(CAA or ‘‘the Act’’), designated and
classified the three-county Southeast
Florida Area consisting of Palm Beach,
Broward, and Dade Counties as a
‘‘moderate’’ ozone nonattainment area.
(56 FR 56694). The designation was
based on the area’s 1-hour ozone design
value, 138 parts per billion (ppb), for the
three-year period 1987–1989. Pursuant
to the requirements of section 182(b)(3)
of the CAA, the Florida Department of
Environmental Protection (FDEP)
developed Florida Administrative Code
(F.A.C.) Rule 62–252.400, Gasoline
Dispensing Facilities—Stage II Vapor
Recovery, and submitted the rule to EPA
for approval as part of Florida’s ozone
SIP. The rule was adopted by FDEP
effective February 2, 1993, and
approved by EPA effective April 25,
1994 (59 FR 13883). Under the State
rule, new gasoline dispensing facilities
built after November 15, 1992, were
required to employ Stage II systems
upon start-up; existing facilities were
required to install Stage II systems by
specific dates ranging from June 30,
1993, to November 15, 1994.
On November 8, 1993, having
implemented all measures required of
the State to that date for moderate ozone
nonattainment areas under the CAA,
and with three years of data (1990–
1992) showing compliance with the 1hour ozone standard, FDEP submitted to
EPA an ozone maintenance plan and
request for redesignation of the
Southeast Florida Area to attainment
status. The maintenance plan, as
required under section 175A of the
CAA, showed that nitrogen oxides
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(NOX) and volatile organic compound
(VOC) emissions in the area would
remain below the 1990 ‘‘attainment
year’’ levels throughout the ten-year
period from 1995 to 2005. In making
these projections, FDEP factored in the
emissions benefit (primarily VOCs) of
the area’s Stage II program, thereby
expressing the State’s intent to maintain
this program as part of its 1-hour ozone
SIP. The redesignation request and
maintenance plan were approved by
EPA, effective April 25, 1995 (60 FR
10325). Subsequently, the maintenance
plan was extended by FDEP to 2015 and
approved by EPA, effective April 13,
2004 (69 FR 7127).
On April 6, 1994, EPA promulgated
regulations requiring the phase-in of onboard refueling vapor recovery (ORVR)
systems on new motor vehicles. Under
Section 202(a)(6) of the CAA, moderate
ozone nonattainment areas are not
required to implement Stage II vapor
recovery programs after promulgation of
ORVR standards. Since the Southeast
Florida Stage II program was already in
place and had been included in the
State’s November 8, 1993, redesignation
request and 1-hour ozone maintenance
plan for the area, FDEP elected not to
remove the program from the SIP at that
time.1
II. Analysis of State’s Submittal
A. Requested Removal of Stage II
Requirements
EPA’s primary consideration for
determining the approvability of
Florida’s request to remove Stage II
vapor control requirements for new and
upgraded gasoline dispensing facilities
in the Southeast Florida Area, and for
the phase out of Stage II requirements
for existing facilities in those counties is
whether this requested action complies
with section 110(l) of the CAA. Below
is EPA’s analysis of these
considerations.
1. Federal Requirements for Stage II
As a result of the 1990 CAA
amendments, states were required to
adopt Stage II rules for all areas
classified as ‘‘moderate’’ or worse under
section 182(b)(3) of the CAA. In
addition, Section 202(a)(6) of the CAA
required EPA to promulgate Onboard
1 The Phase I implementation rule for the 1997 8hour ozone standard, at 40 CFR 51.905(4), requires
that any ‘‘applicable requirement’’ under the 1-hour
ozone SIP, if rescinded, be retained as a
contingency measure in the 8-hour ozone SIP.
However, since the Southeast Florida Stage II vapor
recovery program ceased to be an ‘‘applicable
requirement’’ upon EPA’s promulgation of the
ORVR standards in 1994, the State is not obligated,
and is not proposing, to retain the program as a
contingency measure.
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Vapor Recovery standards. Section
202(a)(6) further provides that ‘‘the
requirements of section 182(b)(3)
(relating to Stage II gasoline vapor
recovery) for areas classified under
section 181 as moderate for ozone shall
not apply after promulgation of such
standards.’’ Onboard Refueling Vapor
Recovery (ORVR) regulations were
promulgated by EPA on April 6, 1994
(see, 59 FR 16262, 40 CFR 86.001 and
40 CFR 86.098). As a result, the CAA no
longer requires moderate areas to
impose Stage II controls under section
182(b)(3), and such areas may seek SIP
revisions to remove such requirements
from their SIPs, subject to section 110(l)
of the Act. Section 110(l) of the CAA,
states:
Plan Revision—Each revision to an
implementation plan submitted by a State
under this Chapter shall be adopted by such
State after reasonable notice and public
hearing. The Administrator shall not approve
a revision of a plan if the revision would
interfere with any applicable requirement
concerning attainment and reasonable further
progress (as defined in section 7501 of this
title), or any other applicable requirement of
this Chapter.
As such, Florida must make
demonstration of noninterference to
remove Stage II from the SIP for the
Southeast Florida area. EPA’s policy
memoranda related to ORVR, dated
March 9, 1993, and June 23, 1993,
provided further guidance on an
allowance for removing stage II
requirements from certain areas.
2. Southeast Florida’s Air Quality Status
On April 30, 2004, EPA published the
nonattainment and attainment
designations for the 1997 8-hour ozone
standard (69 FR 23857). The Southeast
Florida Area was determined to be in
attainment for the 8-hour ozone
standard. With regard to the 1-hour and
8-hour ozone NAAQS, Southeast
Florida is still in attainment and has
provided monitoring data in the
submittal for both standards through
2006 which demonstrates this
attainment. Compliance with the 8-hour
ozone standard is demonstrated at 84
ppb and for the 1-hour ozone standard,
compliance was demonstrated at 124
ppb. For the period of 2004–2006, the 8hour ozone design value was 70 ppb,
and the 1-hour ozone design value was
92 ppb.
On January 5, 2005, EPA published
nonattainment and attainment
designations for the PM2.5 standard (70
FR 944). The Southeast Florida Area
was designated as attainment for the
PM2.5 standard and has remained in
attainment through 2006. Compliance
for the current PM2.5 annual standard is
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15 micro-grams per cubic meter (µg/m3).
The annual PM2.5 design value for
Southeast Florida for the period of
2004–2006 was 9.5 µg/m3.
On October 17, 2006, EPA
promulgated a revised NAAQS for
PM2.5. The effective date for the new
standard was December 18, 2006. EPA
retained the annual PM2.5 standard of 15
µg/m3 and revised the 24-hour PM2.5
standard, changing it from 65 µg/m3 to
35 µg/m3. FDEP submitted a letter dated
December 12, 2007, which
recommended that the entire State of
Florida be designated as attainment for
PM2.5.
Although the Southeast Florida Area
is in attainment for the 1-hour ozone, 8hour ozone and PM2.5 standards, section
110(l) still requires that this area
demonstrate noninterference for any SIP
revision related to these standards.
On March 12, 2008, EPA strengthened
its NAAQS for ground-level ozone, the
primary component of smog. These
changes will improve protection of both
public health and sensitive trees and
plants. EPA is revising the 8-hour
‘‘primary’’ ozone standard, designed to
protect public health, to a level of 0.075
parts per million (ppm). The previous
standard, set in 1997, was 0.08 ppm.
The Southeast Florida Area 8-hour
ozone standard design values for the
years 2004–2006 are as follows: 0.072
ppm for Dade, 0.066 ppm for Broward
and 0.066 ppm for Palm Beach. These
levels are below both the 1997 8-hour
ozone standard and the 2008 8-hour
ozone standard.
3. Noninterference Demonstration for
Removal of Stage II
Removing the Stage II vapor recovery
requirement from the Southeast Florida
Area’s portion of the Florida SIP may
result in a small, temporary increase in
VOC emissions within the three
Southeast Florida counties. However, as
explained below, implementation of the
ORVR requirements ensures
noninterference with the NAAQS. The
following table shows the expected
emission changes in comparison with
the emissions that would occur if the
Stage II vapor recovery requirement
were to remain in force.
TABLE 1—VOC EMISSIONS FROM VEHICLE REFUELING (STAGE II)
[Tons per day (tpd)]
2005
2010
With Stage II
Miami-Dade ..................................
Broward ........................................
Palm Beach ..................................
SE Florida Total ...........................
With Stage II
1.43
1.26
0.95
3.64
EPA’s analysis involved a comparison
of the VOC emissions attributed to the
Stage II program (see, Table 1 above) to
2015
Without Stage II
1.04
0.92
0.71
2.67
With Stage II
3.22
2.86
2.19
8.27
the total VOC emissions projected for
the Southeast Florida Area in the most
Without Stage II
0.87
0.78
0.61
2.26
2.04
1.81
1.42
5.27
recent 1-hour ozone maintenance plan 2
(see Table 2 below).
TABLE 2—TOTAL VOC 3 EMISSIONS FROM SOUTHEAST FLORIDA AREA WITH & WITHOUT VEHICLE REFUELING (STAGE II)
[tpd]
1990
2005
Without Stage II
With Stage II
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Miami-Dade ......................
Broward ............................
Palm Beach ......................
SE Florida Total ...............
399.8
239.6
228.4
867.8
2010
With Stage II
208.3
154.6
149.7
512.6
2015
Without Stage II
200.0
145.3
143.2
488.4
With Stage II
202.1
147.2
144.7
494.0
191.6
135.9
136.7
464.2
Without Stage II
192.8
136.9
137.5
467.2
Since 1990, the year that the
Southeast Florida Area came into
attainment with the 1-hour standard,
VOC emissions from all sources have
continued to decline. From a 1990 value
of 867.8 tpd, VOC emissions decreased
to 512.6 tpd in 2005. As a result of
turnover of the vehicle fleet and other
programs designed to reduce emissions,
VOC emissions in the Southeast Florida
Area are expected to further decline to
488.4 tpd and 464.2 tpd in 2010 and
2015, respectively, if the Stage II vapor
recovery program is continued (and
does not produce ORVR
incompatibility-related excess
emissions). Without credit for the Stage
II program, the VOC emissions would
potentially be 494.0 tpd in 2010 and
467.2 tpd in 2015, which is still below
current levels and well below the 1990
attainment-year emissions ‘‘ceiling.’’
Thus, the additional emissions that may
result from the phase-out of the Stage II
program do not appear to compromise
continued attainment of the former 1hour ozone standard or the more
restrictive 8-hour ozone standard.
Any VOC emissions increase that may
result from the phase out of the Stage II
program is not expected to cause a
violation of the 8-hour ozone standard
in the Southeast Florida Area. An
analogous emissions ceiling for
maintenance of the 8-hour standard can
be approximated. Although the threecounty Southeast Florida Area has never
violated the 8-hour standard, the years
1988 and 1989 had the closest design
values to the level of the standard (84
ppb and 83 ppb, respectively). Since
VOC emissions have steadily decreased
over the last two decades, emissions in
1988 and 1989 were greater than 1990
emissions. Thus, the 1990 attainment-
2 Air Quality Maintenance Plan (2005–2015)
Dade, Broward, Palm Beach Counties, December
2002.
3 The total VOC emissions in this area also
include a biogenic component that is assumed
constant over time. The biogenic VOC emissions for
the individual counties are estimated at 211.3 tpd
for Miami-Dade, 174.5 tpd for Broward, and 399.6
tpd for Palm Beach. These amounts can be added
to the man-made emissions to get the total VOC
emissions.
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year emissions ceiling, as determined
for the 1-hour standard, represents a
reasonable emissions ceiling for
maintenance of the 8-hour standard, and
the logic given above for
noninterference with maintenance of
the former 1-hour standard applies also
to the current 8-hour standard. As
mentioned previously in this
rulemaking, the Southeast Florida Area
has current monitoring data that
demonstrates attainment with the 8hour ozone standard.
It is expected that the removal of the
Stage II gasoline vapor recovery program
in the Southeast Florida Area will not
interfere with continued compliance
with the PM2.5 standard. EPA’s review
of the available information indicates
that sulfates and carbon make up
approximately 70 percent of the
precursors for PM2.5 formation in
Florida. As mentioned previously in
this rulemaking, the Southeast Florida
Area has current monitoring data that
demonstrates attainment with both the
annual and the daily PM2.5 standards.
Based on the factors mentioned above,
EPA believes that Florida’s
demonstration to remove the Stage II
requirement from the Florida SIP for the
Southeast Florida Area is consistent
with section 110(l) of the CAA and will
not interfere with compliance for the
new NAAQS in the Southeast Florida
Area.
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B. Requested Approval of Statewide
Stage I Vapor Control Requirements
Florida’s Stage I vapor recovery is
currently required for gasoline
dispensing facilities in the seven
counties designated as maintenance
areas for ozone (Duval, Orange,
Hillsborough, Pinellas, Palm Beach,
Broward, and Miami-Dade). In addition
to removing Stage II requirements for
Southeast Florida, this SIP revision will
require Stage I vapor recovery at new
and upgraded gasoline dispensing
facilities statewide; phase in Stage I
vapor recovery statewide for existing
gasoline dispensing facilities not
previously required to have Stage I; and
require tanker trucks and trailers to
ensure connection of the vapor return
line at facilities equipped for Stage I
vapor recovery statewide. The phase-in
of Stage I vapor control on a statewide
basis will likely result in a net reduction
in air pollutant transport across
Florida’s borders.
III. Final Action
EPA is approving the SIP revision
submitted by the State of Florida for the
purpose of removing Stage II vapor
control requirements for new and
upgraded gasoline dispensing facilities
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in Miami-Dade, Broward, and Palm
Beach Counties, and phasing out Stage
II requirements for existing facilities in
those counties. EPA is also approving
rule changes which would require new
and upgraded gasoline dispensing
facilities and new bulk gasoline plants
statewide to employ Stage I vapor
control systems, and it would phase in
Stage I vapor control requirements
statewide for existing gasoline
dispensing facilities. This SIP revision
includes changes to F.A.C. Chapters 62–
210.200 Definitions, 62–210.310 Air
General Permits, 62–210.920 Air
General Permit Forms, 62–252.200
Definitions, 62–252.300 Gasoline
Dispensing Facilities—Stage I Vapor
Recovery, 62–252.400 Gasoline
Dispensing Facilities—Stage II Vapor
Recovery, 62–252.500 Gasoline Tanker
Trucks, 62–296–418 Bulk Gasoline
Plants, and 62–296.509 Bulk Gasoline
Plants (Repealed).
EPA is publishing this rule without
prior proposal because the Agency
views this as a non-controversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective November 17, 2008
without further notice unless the
Agency receives adverse comments by
October 16, 2008.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on November 17,
2008 and no further action will be taken
on the proposed rule.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
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53381
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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
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the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 November 17, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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
Authority: 42 U.S.C. 7401 et seq.
enforce its requirements. (See section
307(b)(2).)
Subpart K Florida
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
2. Section 52.520(c) is amended by:
a. Revising entries for ‘‘62–210.200’’,
‘‘62–210.300’’, ‘‘62–252.200’’, ‘‘62–
252.300’’, ‘‘62–252.400’’, ‘‘62–252.500’’,
‘‘62–296.509’’ and
■ b. Adding entries for ‘‘62–210.310’’,
‘‘62–210.920’’, and ‘‘62–296.418’’ to
read as follows:
■
■
Dated: August 29, 2008.
Russell L. Wright, Jr.
Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
52.520
*
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
Chapter 62–210
*
*
Definitions .....................................
9/4/06
*
62–210.300 .......
*
*
Permits Required ..........................
9/4/06
62–210.310 .......
Air General Permits ......................
9/4/06
*
62–210.920 .......
*
*
Air General Permit Forms .............
9/4/06
*
*
Gasoline Dispensing Facilities—
Stage I Vapor Recovery.
Gasoline Dispensing Facilities—
Stage II Vapor Recovery.
Gasoline Tanker Trucks ................
*
*
*
*
*
9/16/08
[Insert citation of publication].
9/16/08
[Insert citation of publication].
*
*
*
*
*
Definitions .....................................
62–252.500 .......
*
9/16/08
[Insert citation of publication].
*
*
*
*
*
*
*
*
*
*
*
9/4/06
9/4/06
*
*
*
Bulk Gasoline Plants .....................
9/4/06
*
62–296.509 .......
*
*
Bulk Gasoline Plants .....................
........................
14:22 Sep 15, 2008
PO 00000
of publication].
of publication].
of publication].
*
*
*
9/16/08
[Insert citation of publication].
*
*
Jkt 214001
of publication].
Stationary Sources—Emission Standards
*
62–296.418 .......
VerDate Aug<31>2005
*
9/16/08
[Insert citation
9/16/08
[Insert citation
9/16/08
[Insert citation
9/16/08
[Insert citation
9/4/06
*
*
*
Gasoline Vapor Control
9/4/06
Chapter 62–296
*
*
*
9/16/08
[Insert citation of publication].
*
62–252.300 .......
*
*
Chapter 62–252
62–252.400 .......
*
*
*
*
62–252.200 .......
Explanation
Stationary Sources—General Requirements
*
62–210.200 .......
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations
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BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
FMCSA Policy on Considering the
Preventability of Crashes in
Administrative Review Requests of
Hazardous Materials Safety Permit
Denials Based Upon Crash Rates in
the Top 30 Percent of the National
Average Under 49 CFR 385.407
Background
Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of enforcement policy.
AGENCY:
SUMMARY: FMCSA may not issue a
hazardous materials safety permit
(safety permit) to a motor carrier that
has a crash rate, driver, vehicle or
hazardous material out-of-service rate in
the top 30 percent of the national
average pursuant to 49 CFR 385.407.
This document provides notice of
FMCSA policy that it will consider
preventability when a motor carrier
contests the denial of a safety permit
based upon a crash rate in the top thirty
percent of the national average and
presents compelling evidence that one
or more of the crashes listed in the
Motor Carrier Management Information
System (MCMIS) was not preventable
and thus not reflective of the motor
carrier’s suitability to transport the type
and quantity of hazardous materials that
require a safety permit. Preventability is
determined by the following standard: If
a driver who exercises normal judgment
and foresight could have foreseen the
possibility of the accident that in fact
occurred, and avoided it by taking steps
within his/her control which would not
have risked causing another kind of
mishap, the accident was preventable.
FMCSA currently uses this standard in
evaluating accident factors under its
safety rating process.
DATES: Effective Date: September 16,
2008.
ebenthall on PROD1PC60 with RULES
FOR FURTHER INFORMATION CONTACT:
James O. Simmons, Office of
Enforcement and Compliance,
Hazardous Materials Division, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 493–0496 (voice),
james.simmons@dot.gov (e-mail), Debra
S. Straus, Office of the Chief Counsel,
(202) 366–2266 (voice), or
debra.straus@dot.gov (e-mail).
VerDate Aug<31>2005
14:22 Sep 15, 2008
On June
30, 2004, FMCSA issued a Final Rule
containing the regulations
implementing the safety permit
program. 69 FR 39350. The Final Rule,
codified at 49 CFR part 385, identifies
who must hold a safety permit,
establishes the application process for a
safety permit, and the conditions that
must be satisfied before FMCSA will
issue a safety permit to a carrier. These
conditions are set out in 49 CFR
385.407.
SUPPLEMENTARY INFORMATION:
[FR Doc. E8–21303 Filed 9–15–08; 8:45 am]
Jkt 214001
Section 385.407 requires that a carrier
have a ‘‘Satisfactory’’ safety rating,
certify that it has a satisfactory security
program, and be properly registered
with the Pipeline and Hazardous
Materials Safety Administration
(PHMSA). 49 CFR 385.407(a)(1),
385.407(b) & (c). Section 385.407(a)(2)
additionally states that:
FMCSA will not issue a safety permit to a
motor carrier that: (ii) Has a crash rate in the
top 30 percent of the national average as
indicated in the FMCSA Motor Carrier
Management Information System (MCMIS);
or
(iii) Has a driver, vehicle, hazardous
materials, or total out-of-service rate in the
top 30 percent of the national average as
indicated in the MCMIS;
The safety permit requirement became
effective for motor carriers on the date
after January 1, 2005, when the motor
carrier was required to file a Motor
Carrier Identification Report Form
(MCS–150) according to a schedule set
forth in 49 CFR 390.19(a). The
application for the safety permit was
incorporated into the MCS–150, as an
expanded form entitled ‘‘MCS–150B or
Combined Motor Carrier Identification
Report and HM Permit Application.’’
On or about January 3, 2005, the
Office of Enforcement and Compliance
(OEC) published on its public Web site 1
the formula used to determine the
national averages and the crash rates
and driver, vehicle and hazmat out-ofservice (OOS) rates that establish the
thresholds for the ‘‘top 30 percent of the
national average.’’ The Web site also
instructed motor carriers on how to
calculate their own out-of-service rates.
This information on calculating the
national averages, crash rates and outof-service rates was subsequently
published in the Federal Register. 72 FR
62795 (Nov. 7, 2007).
Crash Rates
FMCSA may not issue a safety permit
to a motor carrier that has a crash rate
1 https://www.safersys.org/
HazMatRatesPost.aspx#OOSRates.
PO 00000
Frm 00029
Fmt 4700
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53383
in the top 30 percent of the national
average as indicated in the MCMIS. 49
CFR 385.407(a)(2)(ii). The threshold
crash rate above which a carrier falls
within the worst performing or top
thirty percent of the national average is
recalculated every two years using the
crash data from the previous two years.
The cut-off for motor carrier crash rates
above which a carrier will fall into the
top 30 percent of the national average
has remained at 0.125 since the
inception of the program.
To determine the crash rate for an
individual carrier that is applying for a
safety permit, FMCSA examines one
year of crash data. FMCSA divides the
number of crashes for the previous
twelve-month period by the total
number of power units that the motor
carrier operated during that twelvemonth period. For example, if a motor
carrier had 2 crashes and 10 power
units, the crash rate would be 0.20
based upon a calculation of (2 ÷ 10 =
0.20). FMCSA examines one year of data
to remain consistent with FMCSA
practice of reviewing one year of records
during a compliance review. FMCSA
does not consider a single crash to be
statistically valid. Thus, crash rates will
be calculated only for carriers with more
than one crash in the relevant twelvemonth period.
Preventability
Petitions for rulemaking filed by the
Institute of Makers of Explosives and
The Fertilizer Institute requested the
Agency to consider crash preventability
when evaluating a motor carrier’s crash
rate under the safety permit program, in
the same manner that accident
preventability is considered when a
motor carrier contests an unfavorable
safety rating. In the Agency’s response
to these petitions issued on June 21,
2007, the FMCSA Administrator agreed
that the same preventability criteria
used in assessing the ‘‘Accident Factor’’
under 49 CFR part 385, Appendix
A.III.B(d), should be applied when a
carrier contests denial of a safety permit
application based upon its crash rate
and provides compelling evidence a
crash was not preventable.
The preventability standard found in
Appendix A to Part 385, section III.B(d)
states:
The FMCSA will continue to consider
preventability when a new entrant contests
the evaluation of the accident factor by
presenting compelling evidence that the
recordable rate is not a fair means of
evaluating its accident factor. Preventability
will be determined according to the following
standard: ‘‘If a driver who exercises normal
judgment and foresight could have foreseen
the possibility of the accident that in fact
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Rules and Regulations]
[Pages 53378-53383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21303]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0836-200739(a); FRL-8714-8]
Approval and Promulgation of Implementation Plans; Florida;
Removal of Gasoline Vapor Recovery From Southeast Florida Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State Implementation Plan (SIP) revision
submitted by the State of Florida (Florida) on May 31, 2007, for the
purpose of removing Stage II vapor control requirements for new and
upgraded gasoline dispensing facilities in Dade, Broward, and Palm
Beach Counties (hereafter refer to as the ``Southeast Florida Area''),
and to phase out Stage II requirements for existing facilities in those
counties. In addition, EPA is approving this SIP revision which
requires new and upgraded gasoline dispensing facilities and new bulk
gasoline plants statewide to employ Stage I vapor control systems, and
phases in Stage I vapor control requirements statewide for existing
gasoline dispensing facilities.
DATES: This direct final rule is effective November 17, 2008 without
further notice, unless EPA receives adverse comment by October 16,
2008. 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 No. EPA-R04-
OAR-2007-0836, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: lesane.heidi@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2007-0836,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0836. 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 through www.regulations.gov or e-
mail, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site 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. For additional
information about EPA's public docket visit the EPA Docket Center home
page at https://www.epa.gov/epahome/dockets.htm.
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 at the Regulatory Development Section, Air Planning
[[Page 53379]]
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9074. Ms. LeSane can also be reached via electronic mail at
lesane.heidi@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Effective January 6, 1992, EPA under the Clean Air Act Amendments
of 1990 (CAA or ``the Act''), designated and classified the three-
county Southeast Florida Area consisting of Palm Beach, Broward, and
Dade Counties as a ``moderate'' ozone nonattainment area. (56 FR
56694). The designation was based on the area's 1-hour ozone design
value, 138 parts per billion (ppb), for the three-year period 1987-
1989. Pursuant to the requirements of section 182(b)(3) of the CAA, the
Florida Department of Environmental Protection (FDEP) developed Florida
Administrative Code (F.A.C.) Rule 62-252.400, Gasoline Dispensing
Facilities--Stage II Vapor Recovery, and submitted the rule to EPA for
approval as part of Florida's ozone SIP. The rule was adopted by FDEP
effective February 2, 1993, and approved by EPA effective April 25,
1994 (59 FR 13883). Under the State rule, new gasoline dispensing
facilities built after November 15, 1992, were required to employ Stage
II systems upon start-up; existing facilities were required to install
Stage II systems by specific dates ranging from June 30, 1993, to
November 15, 1994.
On November 8, 1993, having implemented all measures required of
the State to that date for moderate ozone nonattainment areas under the
CAA, and with three years of data (1990-1992) showing compliance with
the 1-hour ozone standard, FDEP submitted to EPA an ozone maintenance
plan and request for redesignation of the Southeast Florida Area to
attainment status. The maintenance plan, as required under section 175A
of the CAA, showed that nitrogen oxides (NOX) and volatile
organic compound (VOC) emissions in the area would remain below the
1990 ``attainment year'' levels throughout the ten-year period from
1995 to 2005. In making these projections, FDEP factored in the
emissions benefit (primarily VOCs) of the area's Stage II program,
thereby expressing the State's intent to maintain this program as part
of its 1-hour ozone SIP. The redesignation request and maintenance plan
were approved by EPA, effective April 25, 1995 (60 FR 10325).
Subsequently, the maintenance plan was extended by FDEP to 2015 and
approved by EPA, effective April 13, 2004 (69 FR 7127).
On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor
vehicles. Under Section 202(a)(6) of the CAA, moderate ozone
nonattainment areas are not required to implement Stage II vapor
recovery programs after promulgation of ORVR standards. Since the
Southeast Florida Stage II program was already in place and had been
included in the State's November 8, 1993, redesignation request and 1-
hour ozone maintenance plan for the area, FDEP elected not to remove
the program from the SIP at that time.\1\
---------------------------------------------------------------------------
\1\ The Phase I implementation rule for the 1997 8-hour ozone
standard, at 40 CFR 51.905(4), requires that any ``applicable
requirement'' under the 1-hour ozone SIP, if rescinded, be retained
as a contingency measure in the 8-hour ozone SIP. However, since the
Southeast Florida Stage II vapor recovery program ceased to be an
``applicable requirement'' upon EPA's promulgation of the ORVR
standards in 1994, the State is not obligated, and is not proposing,
to retain the program as a contingency measure.
---------------------------------------------------------------------------
II. Analysis of State's Submittal
A. Requested Removal of Stage II Requirements
EPA's primary consideration for determining the approvability of
Florida's request to remove Stage II vapor control requirements for new
and upgraded gasoline dispensing facilities in the Southeast Florida
Area, and for the phase out of Stage II requirements for existing
facilities in those counties is whether this requested action complies
with section 110(l) of the CAA. Below is EPA's analysis of these
considerations.
1. Federal Requirements for Stage II
As a result of the 1990 CAA amendments, states were required to
adopt Stage II rules for all areas classified as ``moderate'' or worse
under section 182(b)(3) of the CAA. In addition, Section 202(a)(6) of
the CAA required EPA to promulgate Onboard Vapor Recovery standards.
Section 202(a)(6) further provides that ``the requirements of section
182(b)(3) (relating to Stage II gasoline vapor recovery) for areas
classified under section 181 as moderate for ozone shall not apply
after promulgation of such standards.'' Onboard Refueling Vapor
Recovery (ORVR) regulations were promulgated by EPA on April 6, 1994
(see, 59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, the
CAA no longer requires moderate areas to impose Stage II controls under
section 182(b)(3), and such areas may seek SIP revisions to remove such
requirements from their SIPs, subject to section 110(l) of the Act.
Section 110(l) of the CAA, states:
Plan Revision--Each revision to an implementation plan submitted
by a State under this Chapter shall be adopted by such State after
reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable
further progress (as defined in section 7501 of this title), or any
other applicable requirement of this Chapter.
As such, Florida must make demonstration of noninterference to remove
Stage II from the SIP for the Southeast Florida area. EPA's policy
memoranda related to ORVR, dated March 9, 1993, and June 23, 1993,
provided further guidance on an allowance for removing stage II
requirements from certain areas.
2. Southeast Florida's Air Quality Status
On April 30, 2004, EPA published the nonattainment and attainment
designations for the 1997 8-hour ozone standard (69 FR 23857). The
Southeast Florida Area was determined to be in attainment for the 8-
hour ozone standard. With regard to the 1-hour and 8-hour ozone NAAQS,
Southeast Florida is still in attainment and has provided monitoring
data in the submittal for both standards through 2006 which
demonstrates this attainment. Compliance with the 8-hour ozone standard
is demonstrated at 84 ppb and for the 1-hour ozone standard, compliance
was demonstrated at 124 ppb. For the period of 2004-2006, the 8-hour
ozone design value was 70 ppb, and the 1-hour ozone design value was 92
ppb.
On January 5, 2005, EPA published nonattainment and attainment
designations for the PM2.5 standard (70 FR 944). The
Southeast Florida Area was designated as attainment for the
PM2.5 standard and has remained in attainment through 2006.
Compliance for the current PM2.5 annual standard is
[[Page 53380]]
15 micro-grams per cubic meter ([mu]g/m\3\). The annual
PM2.5 design value for Southeast Florida for the period of
2004-2006 was 9.5 [mu]g/m\3\.
On October 17, 2006, EPA promulgated a revised NAAQS for
PM2.5. The effective date for the new standard was December
18, 2006. EPA retained the annual PM2.5 standard of 15
[mu]g/m\3\ and revised the 24-hour PM2.5 standard, changing
it from 65 [mu]g/m\3\ to 35 [mu]g/m\3\. FDEP submitted a letter dated
December 12, 2007, which recommended that the entire State of Florida
be designated as attainment for PM2.5.
Although the Southeast Florida Area is in attainment for the 1-hour
ozone, 8-hour ozone and PM2.5 standards, section 110(l)
still requires that this area demonstrate noninterference for any SIP
revision related to these standards.
On March 12, 2008, EPA strengthened its NAAQS for ground-level
ozone, the primary component of smog. These changes will improve
protection of both public health and sensitive trees and plants. EPA is
revising the 8-hour ``primary'' ozone standard, designed to protect
public health, to a level of 0.075 parts per million (ppm). The
previous standard, set in 1997, was 0.08 ppm. The Southeast Florida
Area 8-hour ozone standard design values for the years 2004-2006 are as
follows: 0.072 ppm for Dade, 0.066 ppm for Broward and 0.066 ppm for
Palm Beach. These levels are below both the 1997 8-hour ozone standard
and the 2008 8-hour ozone standard.
3. Noninterference Demonstration for Removal of Stage II
Removing the Stage II vapor recovery requirement from the Southeast
Florida Area's portion of the Florida SIP may result in a small,
temporary increase in VOC emissions within the three Southeast Florida
counties. However, as explained below, implementation of the ORVR
requirements ensures noninterference with the NAAQS. The following
table shows the expected emission changes in comparison with the
emissions that would occur if the Stage II vapor recovery requirement
were to remain in force.
Table 1--VOC Emissions From Vehicle Refueling (Stage II)
[Tons per day (tpd)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 2010 2015
---------------------------------------------------------------------------------------------------
With Stage II With Stage II Without Stage II With Stage II Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade.......................................... 1.43 1.04 3.22 0.87 2.04
Broward............................................. 1.26 0.92 2.86 0.78 1.81
Palm Beach.......................................... 0.95 0.71 2.19 0.61 1.42
SE Florida Total.................................... 3.64 2.67 8.27 2.26 5.27
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA's analysis involved a comparison of the VOC emissions
attributed to the Stage II program (see, Table 1 above) to the total
VOC emissions projected for the Southeast Florida Area in the most
recent 1-hour ozone maintenance plan \2\ (see Table 2 below).
---------------------------------------------------------------------------
\2\ Air Quality Maintenance Plan (2005-2015) Dade, Broward, Palm
Beach Counties, December 2002.
Table 2--Total VOC \3\ Emissions From Southeast Florida Area With & Without Vehicle Refueling (Stage II)
[tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990 2005 2010 2015
-----------------------------------------------------------------------------------------------------------
Without Stage II With Stage II With Stage II Without Stage II With Stage II Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade.................................. 399.8 208.3 200.0 202.1 191.6 192.8
Broward..................................... 239.6 154.6 145.3 147.2 135.9 136.9
Palm Beach.................................. 228.4 149.7 143.2 144.7 136.7 137.5
SE Florida Total............................ 867.8 512.6 488.4 494.0 464.2 467.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Since 1990, the year that the Southeast Florida Area came into
attainment with the 1-hour standard, VOC emissions from all sources
have continued to decline. From a 1990 value of 867.8 tpd, VOC
emissions decreased to 512.6 tpd in 2005. As a result of turnover of
the vehicle fleet and other programs designed to reduce emissions, VOC
emissions in the Southeast Florida Area are expected to further decline
to 488.4 tpd and 464.2 tpd in 2010 and 2015, respectively, if the Stage
II vapor recovery program is continued (and does not produce ORVR
incompatibility-related excess emissions). Without credit for the Stage
II program, the VOC emissions would potentially be 494.0 tpd in 2010
and 467.2 tpd in 2015, which is still below current levels and well
below the 1990 attainment-year emissions ``ceiling.'' Thus, the
additional emissions that may result from the phase-out of the Stage II
program do not appear to compromise continued attainment of the former
1-hour ozone standard or the more restrictive 8-hour ozone standard.
---------------------------------------------------------------------------
\3\ The total VOC emissions in this area also include a biogenic
component that is assumed constant over time. The biogenic VOC
emissions for the individual counties are estimated at 211.3 tpd for
Miami-Dade, 174.5 tpd for Broward, and 399.6 tpd for Palm Beach.
These amounts can be added to the man-made emissions to get the
total VOC emissions.
---------------------------------------------------------------------------
Any VOC emissions increase that may result from the phase out of
the Stage II program is not expected to cause a violation of the 8-hour
ozone standard in the Southeast Florida Area. An analogous emissions
ceiling for maintenance of the 8-hour standard can be approximated.
Although the three-county Southeast Florida Area has never violated the
8-hour standard, the years 1988 and 1989 had the closest design values
to the level of the standard (84 ppb and 83 ppb, respectively). Since
VOC emissions have steadily decreased over the last two decades,
emissions in 1988 and 1989 were greater than 1990 emissions. Thus, the
1990 attainment-
[[Page 53381]]
year emissions ceiling, as determined for the 1-hour standard,
represents a reasonable emissions ceiling for maintenance of the 8-hour
standard, and the logic given above for noninterference with
maintenance of the former 1-hour standard applies also to the current
8-hour standard. As mentioned previously in this rulemaking, the
Southeast Florida Area has current monitoring data that demonstrates
attainment with the 8-hour ozone standard.
It is expected that the removal of the Stage II gasoline vapor
recovery program in the Southeast Florida Area will not interfere with
continued compliance with the PM2.5 standard. EPA's review
of the available information indicates that sulfates and carbon make up
approximately 70 percent of the precursors for PM2.5
formation in Florida. As mentioned previously in this rulemaking, the
Southeast Florida Area has current monitoring data that demonstrates
attainment with both the annual and the daily PM2.5
standards.
Based on the factors mentioned above, EPA believes that Florida's
demonstration to remove the Stage II requirement from the Florida SIP
for the Southeast Florida Area is consistent with section 110(l) of the
CAA and will not interfere with compliance for the new NAAQS in the
Southeast Florida Area.
B. Requested Approval of Statewide Stage I Vapor Control Requirements
Florida's Stage I vapor recovery is currently required for gasoline
dispensing facilities in the seven counties designated as maintenance
areas for ozone (Duval, Orange, Hillsborough, Pinellas, Palm Beach,
Broward, and Miami-Dade). In addition to removing Stage II requirements
for Southeast Florida, this SIP revision will require Stage I vapor
recovery at new and upgraded gasoline dispensing facilities statewide;
phase in Stage I vapor recovery statewide for existing gasoline
dispensing facilities not previously required to have Stage I; and
require tanker trucks and trailers to ensure connection of the vapor
return line at facilities equipped for Stage I vapor recovery
statewide. The phase-in of Stage I vapor control on a statewide basis
will likely result in a net reduction in air pollutant transport across
Florida's borders.
III. Final Action
EPA is approving the SIP revision submitted by the State of Florida
for the purpose of removing Stage II vapor control requirements for new
and upgraded gasoline dispensing facilities in Miami-Dade, Broward, and
Palm Beach Counties, and phasing out Stage II requirements for existing
facilities in those counties. EPA is also approving rule changes which
would require new and upgraded gasoline dispensing facilities and new
bulk gasoline plants statewide to employ Stage I vapor control systems,
and it would phase in Stage I vapor control requirements statewide for
existing gasoline dispensing facilities. This SIP revision includes
changes to F.A.C. Chapters 62-210.200 Definitions, 62-210.310 Air
General Permits, 62-210.920 Air General Permit Forms, 62-252.200
Definitions, 62-252.300 Gasoline Dispensing Facilities--Stage I Vapor
Recovery, 62-252.400 Gasoline Dispensing Facilities--Stage II Vapor
Recovery, 62-252.500 Gasoline Tanker Trucks, 62-296-418 Bulk Gasoline
Plants, and 62-296.509 Bulk Gasoline Plants (Repealed).
EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective November 17,
2008 without further notice unless the Agency receives adverse comments
by October 16, 2008.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on November 17, 2008 and no
further action will be taken on the proposed rule.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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
[[Page 53382]]
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
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 November 17, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 29, 2008.
Russell L. Wright, Jr.
Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K Florida
0
2. Section 52.520(c) is amended by:
0
a. Revising entries for ``62-210.200'', ``62-210.300'', ``62-252.200'',
``62-252.300'', ``62-252.400'', ``62-252.500'', ``62-296.509'' and
0
b. Adding entries for ``62-210.310'', ``62-210.920'', and ``62-
296.418'' to read as follows:
52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-210.200................. Definitions.......... 9/4/06 9/16/08
[Insert citation of
publication].
* * * * * * *
62-210.300................. Permits Required..... 9/4/06 9/16/08
[Insert citation of
publication].
62-210.310................. Air General Permits.. 9/4/06 9/16/08
[Insert citation of
publication].
* * * * * * *
62-210.920................. Air General Permit 9/4/06 9/16/08
Forms. [Insert citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-252.200................. Definitions.......... 9/4/06 9/16/08
[Insert citation of
publication].
62-252.300................. Gasoline Dispensing 9/4/06 9/16/08
Facilities--Stage I [Insert citation of
Vapor Recovery. publication].
62-252.400................. Gasoline Dispensing 9/4/06 9/16/08
Facilities--Stage II [Insert citation of
Vapor Recovery. publication].
62-252.500................. Gasoline Tanker 9/4/06 9/16/08
Trucks. [Insert citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-296.418................. Bulk Gasoline Plants. 9/4/06 9/16/08
[Insert citation of
publication].
* * * * * * *
62-296.509................. Bulk Gasoline Plants. .............. ..................... Repealed.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 53383]]
* * * * *
[FR Doc. E8-21303 Filed 9-15-08; 8:45 am]
BILLING CODE 6560-50-P
