Approval and Promulgation of Implementation Plans; Florida: General Requirements and Gasoline Vapor Control; Correcting Amendment, 72033-72036 [2013-28654]
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations
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The designation status of the area
remains nonattainment for the PM10
NAAQS until such time as EPA
determines that the area, and/or a State
portion thereof, meets the CAA
requirements for redesignation to
attainment.
EPA is determining that the New York
County PM10 nonattainment area has
attained both the 24-hour PM10 NAAQS
and the revoked annual PM10 NAAQS.
This determination is based upon
certified, quality-assured ambient air
monitoring data that show that the area
has monitored attainment of the PM10
NAAQS for the 2010–2012 monitoring
period. Preliminary air monitoring data
available for 2013 are consistent with
the determination that the New York
County area PM10 nonattainment area is
continuing to meet the PM10 NAAQS.
This final action, in accordance with the
Clean Data Policy, suspends the
requirements for the State of New York
to submit, for the New York County
PM10 nonattainment area, an attainment
demonstration, associated reasonably
available control measures, reasonable
further progress plans, and contingency
measures in the area for so long as the
area continues to attain the PM10
NAAQS. If EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the New York County PM10
nonattainment area has violated the
PM10 NAAQS, the basis for the
suspension of the specific requirements
would no longer exist for the area, and
New York would thereafter have to
address the applicable requirements for
the PM10 NAAQS.
IV. Statutory and Executive Order
Reviews
This action makes an attainment
determination based on air quality and
results in the suspension of certain
Federal requirements, and it does not
impose additional requirements beyond
those imposed by state law. For these
reasons, 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
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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
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 31, 2014.
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
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72033
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Dated: November 8, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart HH—New York
2. Section 52.1678 is amended by
adding paragraph (g) to read as follows:
■
§ 52.1678 Control strategy and
regulations: Particulate matter.
*
*
*
*
*
(g) Determination of Attainment. EPA
has determined, as of December 2 2013,
that the New York County fine particle
(PM10) nonattainment area has attained
the PM10 National Ambient Air Quality
Standard. This determination suspends
the requirements for this area to submit
an attainment demonstration, associated
reasonably available control measures,
reasonable further progress plans, and
contingency measures for as long as the
area continues to attain the PM10
NAAQS.
[FR Doc. 2013–28655 Filed 11–29–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0385; FRL–9903–23Region 4]
Approval and Promulgation of
Implementation Plans; Florida: General
Requirements and Gasoline Vapor
Control; Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendments.
AGENCY:
On June 1, 2009, EPA
published a final rule in the Federal
Register approving a Florida State
Implementation Plan (SIP) revision,
submitted through the Florida
SUMMARY:
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72034
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations
Department of Environmental Protection
(FDEP), related to the State’s gasoline
vapor recovery program. This correcting
amendment corrects errors in the
regulatory language in paragraph (c) of
EPA’s June 1, 2009, final rule.
DATES: Effective on December 2, 2013.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Quality Modeling
and Transportation 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) 562–9222.
Ms. Sheckler can be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION: This
action corrects inadvertent errors in a
rulemaking related to Florida’s gasoline
vapor recovery program SIP provision.
In summary, this action corrects the
effective date for the Florida rules
included in the regulatory text section
of EPA’s June 1, 2009, final rulemaking
(74 FR 26103). Specifically, EPA is
correcting the June 1, 2009, final rule to
provide the correct effective date for
Florida Code Annotated Sections 62–
210.300, 62–210.310, 62–210.920, 62–
252.200, 62–252.300, 62–252.400, 62–
252.500 and 62–296.418 related to the
State’s gasoline vapor recovery program.
In its May 31, 2007, SIP revision, FDEP
erroneously listed September 4, 2006, as
the effective date for the gasoline vapor
recovery program rules. The correct
effective date of Florida’s rules related
to the gasoline vapor recovery program,
as provided by FDEP in a November 29,
2012, letter, is May 9, 2007. This action
corrects the regulatory text section of
EPA’s June 1, 2009 final rule approving
the Florida ‘‘Gasoline Vapor Recovery’’
SIP revision to reflect a State effective
date of May 9, 2007. See 74 FR 26103.
Today’s action also serves to update the
State effective dates of the relevant rules
in the Table of EPA-Approved Florida
Regulations at 40 CFR 52.520.
EPA has determined that today’s
actions fall under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action is unnecessary
because today’s action to correct
inadvertent regulatory text errors
included in EPA’s June 1, 2009, final
rule is consistent with the substantive
revision to the Florida SIP described
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therein related to the gasoline vapor
recovery program for the Florida SIP. In
addition, EPA can identify no particular
reason why the public would be
interested in having the opportunity to
comment on the correction prior to this
action being finalized, since this
correction action does not change EPA’s
analysis or overall action related to the
approval of the State’s gasoline vapor
recovery program into the Florida SIP.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this correction to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ 5 U.S.C.
553(d)(3). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3) is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s action
merely corrects inadvertent errors for
the regulatory text of EPA’s prior
rulemaking for the Florida SIP. For
these reasons, EPA finds good cause
under APA section 553(d)(3) for this
correction to become effective on the
date of publication of this action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely corrects an
inadvertent error in the regulatory text
of EPA’s June 1, 2009, final rule
addressing the gasoline vapor recovery
program in the Florida SIP, and imposes
no additional requirements beyond
those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule merely
corrects an inadvertent error for the
regulatory text of EPA’s June 1, 2009,
final rule addressing the gasoline vapor
recovery program in the Florida SIP,
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
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unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
rule also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule merely
corrects inadvertent errors in the
regulatory text of EPA’s June 1, 2009,
final rule addressing the gasoline vapor
recovery program in the Florida SIP,
and does not alter the relationship or
the distribution of power and
responsibilities established in the CAA.
This rule also is not subject to Executive
Order 13045 ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant. In addition, this rule does
not involve technical standards, thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. 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).
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
b. Under Chapter 62–252, by revising
the entries for ‘‘62–252.200,’’ ‘‘62–
252.300,’’ ‘‘62–252.400,’’ and ‘‘62–
252.500;’’ and
■ c. Under Chapter 62–296, by revising
the entry for ‘‘62–296.418’’ to read as
follows:
■
PART 52–APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
Dated: November 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
§ 52.520
2. Section 52.520(c) is amended:
a. Under Chapter 62–210, by revising
the entries for ‘‘62–210.300,’’ ‘‘62–
210.310,’’ and ‘‘62–210.920;’’
*
■
■
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA REGULATIONS
State citation
*
State effective date
Title/subject
*
*
*
*
Chapter 62–210 Stationary Sources-General Requirements
*
*
62–210.300 ..................................
*
Permits Required .........................
62–210.310 ..................................
Air General Permits .....................
*
*
62–210.920 ..................................
*
Air General Permit Forms ...........
*
*
*
Definitions ....................................
62–252.300 ..................................
5/9/2007
5/9/2007
*
5/9/2007
Gasoline Dispensing FacilitiesStage I Vapor Recovery.
Gasoline Dispensing Facilities
Stage II Vapor Recovery.
Gasoline Tanker Trucks ..............
62–252.400 ..................................
62–252.500 ..................................
*
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Bulk Gasoline Plants ...................
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5/9/2007
5/9/2007
5/9/2007
5/9/2007
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6/1/2009 .......................................
63 FR 26103 ................................
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6/1/2009 .......................................
63 FR 26103 ................................
6/1/2009 .......................................
63 FR 26103 ................................
6/1/2009 .......................................
63 FR 26103 ................................
6/1/2009 .......................................
63 FR 26103 ................................
*
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6/1/2009 .......................................
63 FR 26103 ................................
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*
6/1/2009 .......................................
63 FR 26103 ................................
6/1/2009 .......................................
63 FR 26103 ................................
*
*
*
Chapter 62–296 Stationary Sources-Emission Standards
*
*
62–296.418 ..................................
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Explanation
*
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Chapter 62–252 Gasoline Vapor Control
*
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62–252.200 ..................................
*
EPA approval date
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72036
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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations
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[FR Doc. 2013–28654 Filed 11–29–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2013–0129; FRL–9903–37–
Region–4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; North Carolina;
Redesignation of the Charlotte; 1997 8Hour Ozone Moderate Nonattainment
Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
redesignate the portion of North
Carolina that is within the bi-state
Charlotte-Gastonia-Rock Hill, North
Carolina-South Carolina 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘Area,’’ ‘‘North Carolina portion
of the bi-state Charlotte Area,’’ ‘‘North
Carolina portion of the Area,’’ or
‘‘Metrolina nonattainment area’’) to
attainment for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS), and to approve the
maintenance plan for the Area. The
State of North Carolina, through the
North Carolina Department of
Environment and Natural Resources,
Department of Air Quality (NC DAQ),
submitted the redesignation request and
maintenance plan on November 2, 2011.
The State supplemented the
redesignation request and maintenance
plan on March 28, 2013, extending the
maintenance plan to the year 2025 and
updating the sub-area motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) for the years 2013
and 2025 for the North Carolina portion
of the Area. EPA’s approval of NC
DAQ’s redesignation request is based on
the determination that North Carolina
has met the criteria for redesignation to
attainment set forth in the Clean Air Act
(CAA or Act). EPA finalized action to
redesignate the South Carolina portion
of the Area, including approval of South
Carolina’s maintenance plan for the
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SUMMARY:
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1997 8-hour ozone NAAQS, in a
separate action.
DATES: This rule will be effective on
January 2, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0129. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 through
www.regulations.gov or in hard copy at
the 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. 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: Jane
Spann or Sara Waterson of the
Regulatory Development Section, in the
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann may be reached by phone at (404)
562–9029, or via electronic mail at
spann.jane@epa.gov. Ms. Waterson may
be reached by phone at (404) 562–9061,
or via electronic mail at waterson.sara@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for the actions?
II. What are the actions EPA is taking?
III. Why is EPA taking these actions?
IV. What are the effects of these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On November 2, 2011, North Carolina
requested redesignation of the North
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Carolina portion of the bi-state Charlotte
Area to attainment for the 1997 8-hour
ozone NAAQS. The bi-state Charlotte
Area consists of Cabarrus, Gaston,
Lincoln, Mecklenburg, Rowan, Union,
and a portion of Iredell County
(Davidson and Coddle Creek
Townships), North Carolina; and a
portion of York County, South Carolina.
The redesignation request included
three years of complete, quality-assured
ambient air quality data for the 1997 8hour ozone NAAQS for 2008–2010,
indicating that the 1997 8-hour ozone
NAAQS had been achieved for the Area.
Under the CAA, nonattainment areas
may be redesignated to attainment if
sufficient, complete, quality-assured
data is available for the Administrator to
determine that the area has attained the
standard and the area meets the other
CAA redesignation requirements in
section 107(d)(3)(E).
Subsequently, on November 15, 2011
(76 FR 70656), EPA determined that the
bi-state Charlotte Area attained the 1997
8-hour ozone NAAQS. The
determination of attaining data was
based upon complete, quality-assured
and certified ambient air monitoring
data for the 2008–2010 period, showing
that the Area had monitored attainment
of the 1997 8-hour ozone NAAQS.
On March 28, 2013, North Carolina
submitted a supplemental SIP revision
to the redesignation request and
maintenance plan that extends the final
year of the maintenance plan to 2025.
Specifically, this revision updates
emissions data, emissions projections,
MVEBs, and safety margins to 2025.
Additionally, it provides updated ozone
design values for the bi-state Charlotte
Area.
EPA reviewed quality-assured ozone
monitoring data from ambient ozone
monitoring stations in the Charlotte
Area, as recorded in Air Quality System
(AQS), and summarized the 3-year
average of the annual fourth highest
daily maximum 8-hour average (i.e.,
design value) for each monitor for 2008–
2010, 2009–2011, and 2010–2012 in
Tables 1, 2, and 3 below. The 2008–
2010 design values demonstrate that the
Area attained by its attainment date, and
the 2009–2011 and 2010–2012 design
values demonstrate that the bi-state
Charlotte Area continues to meet the
1997 8-hour ozone NAAQS. Preliminary
data indicate that the Area continues to
attain with 2011–2013 data.
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]]>Agencies
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72033-72036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28654]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0385; FRL-9903-23-Region 4]
Approval and Promulgation of Implementation Plans; Florida:
General Requirements and Gasoline Vapor Control; Correcting Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On June 1, 2009, EPA published a final rule in the Federal
Register approving a Florida State Implementation Plan (SIP) revision,
submitted through the Florida
[[Page 72034]]
Department of Environmental Protection (FDEP), related to the State's
gasoline vapor recovery program. This correcting amendment corrects
errors in the regulatory language in paragraph (c) of EPA's June 1,
2009, final rule.
DATES: Effective on December 2, 2013.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling
and Transportation 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) 562-9222. Ms. Sheckler can be reached via
electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a
rulemaking related to Florida's gasoline vapor recovery program SIP
provision. In summary, this action corrects the effective date for the
Florida rules included in the regulatory text section of EPA's June 1,
2009, final rulemaking (74 FR 26103). Specifically, EPA is correcting
the June 1, 2009, final rule to provide the correct effective date for
Florida Code Annotated Sections 62-210.300, 62-210.310, 62-210.920, 62-
252.200, 62-252.300, 62-252.400, 62-252.500 and 62-296.418 related to
the State's gasoline vapor recovery program. In its May 31, 2007, SIP
revision, FDEP erroneously listed September 4, 2006, as the effective
date for the gasoline vapor recovery program rules. The correct
effective date of Florida's rules related to the gasoline vapor
recovery program, as provided by FDEP in a November 29, 2012, letter,
is May 9, 2007. This action corrects the regulatory text section of
EPA's June 1, 2009 final rule approving the Florida ``Gasoline Vapor
Recovery'' SIP revision to reflect a State effective date of May 9,
2007. See 74 FR 26103. Today's action also serves to update the State
effective dates of the relevant rules in the Table of EPA-Approved
Florida Regulations at 40 CFR 52.520.
EPA has determined that today's actions fall under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because today's action to correct inadvertent regulatory
text errors included in EPA's June 1, 2009, final rule is consistent
with the substantive revision to the Florida SIP described therein
related to the gasoline vapor recovery program for the Florida SIP. In
addition, EPA can identify no particular reason why the public would be
interested in having the opportunity to comment on the correction prior
to this action being finalized, since this correction action does not
change EPA's analysis or overall action related to the approval of the
State's gasoline vapor recovery program into the Florida SIP.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action merely corrects inadvertent errors for
the regulatory text of EPA's prior rulemaking for the Florida SIP. For
these reasons, EPA finds good cause under APA section 553(d)(3) for
this correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects an inadvertent error in the regulatory text of EPA's
June 1, 2009, final rule addressing the gasoline vapor recovery program
in the Florida SIP, and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this rule merely corrects an inadvertent error
for the regulatory text of EPA's June 1, 2009, final rule addressing
the gasoline vapor recovery program in the Florida SIP, and does not
impose any additional enforceable duty beyond that required by state
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects inadvertent
errors in the regulatory text of EPA's June 1, 2009, final rule
addressing the gasoline vapor recovery program in the Florida SIP, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant. In addition, this rule does not
involve technical standards, thus the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. 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).
[[Page 72035]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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:
0
a. Under Chapter 62-210, by revising the entries for ``62-210.300,''
``62-210.310,'' and ``62-210.920;''
0
b. Under Chapter 62-252, by revising the entries for ``62-252.200,''
``62-252.300,'' ``62-252.400,'' and ``62-252.500;'' and
0
c. Under Chapter 62-296, by revising the entry for ``62-296.418'' to
read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 62-210 Stationary Sources-General Requirements
* * * * * * *
62-210.300..................... Permits Required. 5/9/2007 6/1/2009......... ............................
63 FR 26103......
62-210.310..................... Air General 5/9/2007 6/1/2009......... ............................
Permits. 63 FR 26103......
* * * * * * *
62-210.920..................... Air General 5/9/2007 6/1/2009......... ............................
Permit Forms. 63 FR 26103......
* * * * * * *
Chapter 62-252 Gasoline Vapor Control
* * * * * * *
62-252.200..................... Definitions...... 5/9/2007 6/1/2009......... ............................
63 FR 26103......
62-252.300..................... Gasoline 5/9/2007 6/1/2009......... ............................
Dispensing 63 FR 26103......
Facilities-Stage
I Vapor Recovery.
62-252.400..................... Gasoline 5/9/2007 6/1/2009......... ............................
Dispensing 63 FR 26103......
Facilities Stage
II Vapor
Recovery.
62-252.500..................... Gasoline Tanker 5/9/2007 6/1/2009......... ............................
Trucks. 63 FR 26103......
* * * * * * *
Chapter 62-296 Stationary Sources-Emission Standards
* * * * * * *
62-296.418..................... Bulk Gasoline 5/9/2007 6/1/2009......... ............................
Plants. 63 FR 26103......
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 72036]]
* * * * *
[FR Doc. 2013-28654 Filed 11-29-13; 8:45 am]
BILLING CODE 6560-50-P
