Approval and Promulgation of Implementation Plans; Florida; Removal of Gasoline Vapor Recovery From Southeast Florida Areas, 53378-53383 [E8-21303]

Download as PDF 53378 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. ebenthall on PROD1PC60 with RULES 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 VerDate Aug<31>2005 14:35 Sep 15, 2008 Jkt 214001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 http:// 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 E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations 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: ebenthall on PROD1PC60 with RULES 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 VerDate Aug<31>2005 14:22 Sep 15, 2008 Jkt 214001 (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. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 53379 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 E:\FR\FM\16SER1.SGM 16SER1 53380 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations 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 ebenthall on PROD1PC60 with RULES 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. VerDate Aug<31>2005 14:22 Sep 15, 2008 Jkt 214001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations 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. ebenthall on PROD1PC60 with RULES 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 VerDate Aug<31>2005 14:22 Sep 15, 2008 Jkt 214001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16SER1.SGM 16SER1 53382 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations 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 ....... ebenthall on PROD1PC60 with RULES EPA approval date * ....................................................... * Frm 00028 Fmt 4700 * Repealed. * Sfmt 4700 E:\FR\FM\16SER1.SGM * 16SER1 * * Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Rules and Regulations * * * * * 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 http://www.safersys.org/ HazMatRatesPost.aspx#OOSRates. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 http://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
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                                                  * * * * * * *
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                             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