Approval and Promulgation of Implementation Plans; Florida: Non-Interference Demonstration for Removal of Federal Low-Reid Vapor Pressure Requirement, 573-577 [2013-31557]
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
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Revisions for Prevention
of Significant Deterioration and Board Orders
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88–08.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0564; FRL–9905–09Region 4]
Approval and Promulgation of
Implementation Plans; Florida: NonInterference Demonstration for
Removal of Federal Low-Reid Vapor
Pressure Requirement
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: EPA is approving the State of
Florida’s August 15, 2013, State
Implementation Plan (SIP) revision to
the State’s approved maintenance plans
addressing the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). Florida’s revision provides
updated modeling and demonstrates
that the Southeast Florida, Tampa Bay
and Jacksonville areas would continue
to maintain the 1997 8-hour ozone
NAAQS if the currently applicable
Federal Reid Vapor Pressure (RVP)
standard for gasoline of 7.8 pounds per
square inch (psi) was modified to a less
stringent standard of 9.0 psi for
Broward, Dade, Duval, Hillsborough,
Palm Beach and Pinellas Counties
(hereafter also referred to as the
‘‘Maintenance Plan Areas’’) during the
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EPA approval date
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Comments
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06/4/92, 57 FR 28098 Ref 52.2299(c)(73).
For Board Order 87–09, the provisions at paragraphs 7(a) and 7(b) have been replaced by
EPA’s SIP-approval of 30 TAC 39.411(f)(8)(A)
and 39.605(1)(D). See 1/6/14 [Insert FR page
number where document begins]
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[FR Doc. 2013–30229 Filed 1–3–14; 8:45 am]
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high-ozone season. The State included a
technical demonstration with the
August 15, 2013, SIP revision
demonstrating that the less-stringent
RVP in these Areas would not interfere
with continued maintenance of the 1997
8-hour ozone NAAQS or any other
applicable standard. Approval of the
State’s August 15, 2013, SIP revision is
a prerequisite for EPA’s consideration of
an amendment to the regulations to
remove the Maintenance Plan Areas
from the list of areas that are currently
subject to the Federal 7.8 psi RVP
requirements. EPA has determined that
Florida’s August 15, 2013, SIP revision
with respect to the revised modeling
and associated technical demonstration,
and with respect to the use of updated
models, is consistent with the
applicable provisions of the Clean Air
Act (CAA or Act). Should EPA decide
to remove the subject portions of the
Maintenance Plan Areas from those
areas subject to the 7.8 psi Federal RVP
requirements, such action will occur in
a subsequent rulemaking. Also, on
November 29, 2012, Florida requested
removal of the existing SIP references to
the previously-implemented inspection
and maintenance programs in the
Maintenance Plan Areas. Based upon a
noninterference demonstration provided
by the State, EPA previously approved
revisions to remove the emission
reduction credits associated with this
program from the SIP. Through this
action, EPA is now removing the
specific SIP references to the defunct
inspection and maintenance program
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based upon the State’s earlier
demonstration of noninterference.
DATES: This rule is effective February 5,
2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0564. 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:
Sean Lakeman, 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
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telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background of the Areas
II. What is the history of the gasoline
volatility requirement?
III. Background of the Motor Vehicle
Inspection Program
IV. This Action
V. Final Action
VI. Statutory and Executive Order Reviews
I. Background of the Areas
On November 6, 1991 (56 FR 56694),
EPA designated the Southeast Florida
area (i.e., Broward, Dade and Palm
Beach counties) as Moderate; the
Jacksonville area (i.e., Duval County) as
Transitional; and the Tampa area (i.e.,
Hillsborough and Pinellas counties) as
Marginal nonattainment areas for the 1hour ozone NAAQS. Among the
requirements applicable to
nonattainment areas for the 1-hour
ozone NAAQS was the requirement to
meet certain volatility standards (known
as Reid Vapor Pressure or RVP) for
gasoline sold commercially. See 55 FR
23658 (June 11, 1990). As discussed in
greater detail below, as part of the RVP
requirements associated with these
nonattainment designations, gasoline
sold in the 1-hour ozone nonattainment
areas could not exceed 7.8 psi RVP
during the high-ozone season months.
Following implementation of the 7.8
psi RVP requirement in the Southeast
Florida, Jacksonville and Tampa areas,
each area was redesignated to
attainment for the 1-hour ozone NAAQS
(60 FR 41 (January 3, 1995); 60 FR
10326 (February 24, 1995); and 60 FR
62748 (December 7, 1995), respectively).
Included with Florida’s redesignation
requests, the State submitted the
required 1-hour ozone monitoring data
and maintenance plans ensuring that
these areas would remain in attainment
of the 1-hour ozone standard for at least
a period of 10 years (consistent with
CAA section 175A(a)). The maintenance
plans submitted by Florida followed
EPA guidance for maintenance areas
subject to section 175A of the CAA.
Florida later updated all three
maintenance plans in accordance with
section 175(A)(b) to extend the
maintenance plans to cover additional
years such that the entire maintenance
period extended at least 20 years after
the initial redesignation of these areas to
attainment for the 1-hour ozone
NAAQS.
These 1-hour ozone maintenance plan
requirements remained in place for the
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Maintenance Plan Areas when they
were subsequently designated
unclassifiable/attainment for the
subsequent 1997 8-hour ozone NAAQS 1
and then designated unclassifiable/
attainment for the revised 2008 8-hour
ozone NAAQS. See 77 FR 30088, May
21, 2012. However, the Maintenance
Plan Areas were required to submit a
10-year maintenance plan under section
110(a)(1) of the CAA for the 1997 8-hour
ozone NAAQS.2 As required, these
110(a)(1) maintenance plans provide for
continued attainment and maintenance
of the 1997 8-hour ozone NAAQS for at
least 10 years from the effective date of
these areas’ designation as attainment
for the 1997 8-hour ozone NAAQS.
These plans also include components
demonstrating how each area will
continue to attain the 1997 8-hour ozone
NAAQS, and provide contingency
measures should the area violate the
NAAQS. Florida’s ozone redesignation
requests and maintenance plans for the
Maintenance Plan Areas did not seek
removal of the 7.8 psi RVP standard,
and as such, these areas remain subject
to the 7.8 psi RVP standard per the
terms of their approved respective
110(a)(1) maintenance plans.
II. What is the history of the gasoline
volatility requirement?
On August 19, 1987 (52 FR 31274),
EPA determined that gasoline
nationwide had become increasingly
volatile, causing an increase in
evaporative emissions from gasolinepowered vehicles and equipment.
Evaporative emissions from gasoline,
referred to as VOC, are precursors to the
formation of tropospheric ozone and
contribute to the nation’s ground-level
ozone problem. Exposure to groundlevel ozone can reduce lung function
(thereby aggravating asthma or other
respiratory conditions), increase
susceptibility to respiratory infection,
and may contribute to premature death
in people with heart and lung disease.
The most common measure of fuel
volatility that is useful in evaluating
gasoline evaporative emissions is RVP.
Pursuant to section 211(c) of the CAA,
EPA promulgated regulations on March
1 Effective June 15, 2004, Broward, Dade, Duval,
Hillsborough, Palm Beach and Pinellas Counties in
Florida were designated unclassifiable/attainment
for the 1997 8-hour ozone NAAQS. See 69 FR
23857. The same counties were designated as
unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.
2 As noted above, maintenance areas for the 1hour ozone standard designated attainment/
unclassifiable for the 1997 8-hour ozone standard
are required to submit a maintenance plan under
section 110(a)(1) of the CAA demonstrating
maintenance out to 10 years after designation. See
69 FR 23996 (Apr. 30, 2004).
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22, 1989 (54 FR 11868), that set
maximum limits for the RVP of gasoline
sold during the high-ozone season.
These regulations constituted Phase I of
a two-phase nationwide program, which
was designed to reduce the volatility of
commercial gasoline during the highozone season. On June 11, 1990 (55 FR
23658), EPA promulgated more
stringent volatility controls as Phase II
of the volatility control program. These
requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the State, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
ozone NAAQS during the high-ozone
season).
The 1990 CAA Amendments
established a new section, 211(h), to
address fuel volatility. Section 211(h)
requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the high-ozone season.
Section 211(h) prohibits EPA from
establishing a volatility standard more
stringent than 9.0 psi in an attainment
area, except that EPA may impose a
lower (more stringent) standard in any
former ozone nonattainment area
redesignated to attainment.
On December 12, 1991 (56 FR 64704),
EPA modified the Phase II volatility
regulations to be consistent with section
211(h) of the CAA. The modified
regulations prohibited the sale of
gasoline with an RVP above 9.0 psi in
all areas designated attainment for
ozone, beginning in 1992. For areas
designated as nonattainment, the
regulations retained the original Phase II
standards published on June 11, 1990
(55 FR 23658).
As stated in the preamble to the Phase
II volatility controls and reiterated in
the proposed change to the volatility
standards published in 1991, EPA will
rely on states to initiate changes to
EPA’s volatility program that they
believe will enhance local air quality
and/or increase the economic efficiency
of the program within the limits of CAA
section 211(h).3 In those rulemakings,
EPA explained that the Governor of a
State may petition EPA to set a volatility
standard less stringent than 7.8 psi for
some month or months in a
nonattainment area. The petition must
demonstrate such a change is
appropriate because of a particular local
economic impact and that sufficient
alternative programs are available to
achieve attainment and maintenance of
3 See 55 FR 23658 (June 11, 1990), 56 FR 24242
(May 29, 1991) and 56 FR 64704 (Dec. 12, 1991).
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the 1-hour ozone NAAQS. A current
listing of the RVP requirements for
states can be found on EPA’s Web site
at: https://www.epa.gov/otaq/fuels/
gasolinefuels/volatility/standards.htm.
As explained in the December 12,
1991 (56 FR 64704), Phase II
rulemaking, EPA believes that
relaxation of an applicable RVP
standard in a nonattainment area is best
accomplished in conjunction with the
redesignation process. In order for an
ozone nonattainment area to be
redesignated as an attainment area,
section 107(d)(3) of the Act requires the
state to make a showing, pursuant to
section 175A of the Act, that the area is
capable of maintaining attainment for
the ozone NAAQS for a period of ten
years after redesignation. Depending on
the Area’s circumstances, this
maintenance plan will either
demonstrate that the area is capable of
maintaining attainment for ten years
without the more stringent volatility
standard or that the more stringent
volatility standard may be necessary for
the area to maintain its attainment with
the ozone NAAQS. Therefore, in the
context of a request for redesignation,
EPA will not relax the volatility
standard unless the state requests a
relaxation and the maintenance plan
demonstrates, to the satisfaction of EPA,
that the area will maintain attainment
for ten years without the need for the
more stringent volatility standard. As
noted above, however, Florida did not
request relaxation of the applicable 7.8
psi RVP standard when the Jacksonville,
Southeast Florida and Tampa Areas
were redesignated to attainment for the
1-hour ozone NAAQS. Rather, Florida is
now seeking to relax the 7.8 psi RVP
standard after these Areas have been
redesignated to attainment for the 1hour ozone NAAQS. Accordingly, the
original modeling and maintenance
demonstration supporting the section
110(a)(1) ozone maintenance plans must
be revised to reflect continued
attainment under the relaxed 9.0 psi
RVP standard that the State has
requested.
III. Background of the Motor Vehicle
Inspection Program
The State of Florida previously
implemented a motor vehicle inspection
and maintenance program in the
Jacksonville, Southeast Florida and
Tampa areas as part of the State’s
strategy to meet the 1-hour ozone
NAAQS. This program was referred to
as the Motor Vehicle Inspection
Program (MVIP). On July 1, 2000, the
Florida legislature terminated the MVIP
for Jacksonville, Southeast Florida and
Tampa, and removed the program’s
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statutory authority. As a consequence of
this repeal, FDEP developed and
submitted SIP revisions to remove the
emissions reductions attributable to this
program in the aforementioned areas
from the Florida SIP. Specifically, on
December 10, 1999, FDEP submitted a
revision to the SIP for the ozone air
quality maintenance plans for the
Jacksonville and Southeast Florida
areas, and on August 29, 2000, for the
Tampa, Florida area. FDEP’s
submissions requested the removal of
the emission reduction credits
attributable to the MVIP from the future
year emission projections contained in
the maintenance plans and provided a
demonstration that removal of the
emission reductions associated with the
MVIP would not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. At the time,
however, Florida did not also explicitly
request removal from its SIP of the
regulatory references to the MVIP
program. Subsequently, in EPA’s final
rulemakings, published August 2, 2001
(66 FR 40137), and August 15, 2002 (67
FR 53314), the Agency approved the SIP
revisions removing the emissions
reductions that were attributable to the
inspection and maintenance program in
the Maintenance Plan Areas, but the
regulatory references to the MVIP
program remained.
Florida’s December 10, 1999, and
August 29, 2000, SIP revisions
demonstrated that the Maintenance Plan
Areas could maintain the ozone NAAQS
without the implementation of the
MVIP. EPA reviewed the State’s
emissions inventory and modeling
analyses and found that they met the
applicable guidance and requirements.
Therefore, the State made the necessary
demonstration that the MVIP was not
necessary to maintain the ozone
NAAQS and that attainment of the
NAAQS for any other pollutant would
not be affected by removing the MVIP
from the SIP. However, because EPA did
not remove Florida Code Annotated
Section 62–242 from the table of EPAapproved rules at 40 CFR 52.520, on
November 29, 2012, FDEP submitted a
letter to EPA requesting that EPA
remove these now-defunct rules from
the Florida SIP. In its letter, the State
noted that these rules relate to the
defunct MVIP, and also noted EPA’s
previous rulemakings to remove the
emissions reductions attributable to this
program in its SIP. The portion of
today’s action related to removal of the
MVIP rules from the SIP is being taken
in response to the State’s November 29,
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2012, request, and is based upon the
previously approved non-interference
demonstration provided by Florida to
support the removal of the emission
reduction credits associated with the
now-defunct inspection and
maintenance program in the Southeast
Florida, Tampa Bay and Jacksonville
areas.
EPA notes that the section 110(l) noninterference demonstration submitted
by Florida in support of its requested
RVP revisions is also premised upon the
continued non-implementation of the
now-discontinued MVIP in these areas.
IV. This Action
On November 8, 2013 (78 FR 67090),
EPA proposed approval of Florida’s
August 15, 2013, SIP revision to the
State’s approved maintenance plans
addressing the 1997 8-hour ozone
NAAQS in the Southeast Florida,
Tampa Bay and Jacksonville areas.
Specifically, Florida’s revision,
including updated modeling, shows that
these areas would continue to maintain
the 1997 8-hour ozone standard if the
currently applicable Federal RVP
standard for gasoline of 7.8 psi was
modified to a less stringent standard of
9.0 psi for Broward, Dade, Duval,
Hillsborough, Palm Beach and Pinellas
Counties during the high-ozone season.
Florida’s August 15, 2013, SIP revision,
includes updated mobile source
emissions modeling using EPA’s
approved models—Motor Vehicle
Emissions Simulator (MOVES) and
NONROAD2008—to support the request
to modify the RVP gasoline requirement
from 7.8 psi to 9.0 psi.
Section 110(l) of the CAA requires
that a revision to the SIP not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in section
171), or any other applicable
requirement of the Act. EPA’s criterion
for determining the approvability of
Florida’s August 15, 2013, SIP revision
is whether the requested action
complies with section 110(l) of the
CAA. Because the modeling associated
with the current maintenance plans for
Florida are premised in part upon the
7.8 psi RVP requirement, a request to
revise the maintenance plan modeling
to no longer rely on the 7.8 psi RVP
requirement is subject to the
requirements of CAA section 110(l).
Therefore, the State must demonstrate
that its August 15, 2013, SIP revision
will not interfere with the attainment or
maintenance of any of the NAAQS or
any other applicable requirement of the
CAA. EPA also notes that Florida’s
technical demonstration in its August
15, 2013, SIP revision accounts for the
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absence of the previously-implemented
inspection and maintenance programs
in the Maintenance Plan Areas.
The section 110(l) non-interference
demonstration is a case-by-case
determination based upon the
circumstances of each SIP revision. EPA
interprets 110(l) as applying to all
NAAQS that are in effect, including
those that have been promulgated, but
for which the EPA has not yet made
designations. The specific elements of
the 110(l) analysis contained in the SIP
revision depend on the circumstances
and emissions analyses associated with
that revision. EPA’s analysis of Florida’s
August 15, 2013, SIP revision, including
review of section 110(l) requirements,
can be found in the proposed rule
published on November 8, 2013 (78 FR
67090). The specific revisions to the
maintenance plan modeling that EPA is
approving are the ozone maintenance
plan attainment inventories, emissions
projections and air quality monitoring
data. The revised modeling also utilizes
updated models to calculate the mobile
source emissions.
Also, based on a request by the State
on November 29, 2012, EPA is removing
the existing SIP references related to the
previously-implemented inspection and
maintenance programs in the
Maintenance Plan Areas. As discussed
above, Florida discontinued this
program and submitted SIP revisions in
1999 and 2000 to remove the emissions
reduction credits associated with the
MVIP program from its SIP. See 66 FR
40137; 67 FR 53314. At the time, Florida
demonstrated that removal of these
emission credits would not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in section
171), or any other applicable
requirement of the Act. In addition, the
State’s technical demonstration
provided with the August 15, 2013,
RVP-related SIP revision also
demonstrates that the less-stringent RVP
standard and the absence of an
inspection and maintenance program in
these areas would not interfere with
continued maintenance of the 1997 8hour ozone NAAQS or any other
applicable standard.
EPA received no adverse comments
on its proposed action and is therefore
finalizing the proposed action.
V. Final Action
EPA is approving the State of
Florida’s August 15, 2013, SIP revision
to its 1997 8-hour ozone NAAQS
110(a)(1) Maintenance Plans for the
Maintenance Plan Areas. Specifically,
EPA is approving the State’s showing
that the Maintenance Plan Areas can
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continue to maintain the 1997 ozone
standard without the emissions
reductions associated with both the
previously-implemented MVIP, and the
use of gasoline with an RVP of 7.8 psi
during the high-ozone season—June 1
through September 15 in the
Maintenance Plan Areas. Also, EPA is
approving the updated attainment
inventories, emissions projections and
air quality monitoring which are
associated with the updated and revised
modeling related to the change in the
applicable RVP standard, and the
absence of the previously-implemented
inspection and maintenance programs
for the Maintenance Plan Areas.
Additionally, EPA is removing Florida
Code Annotated Section 62–242, which
pertains to the now-defunct MVIP, from
the Florida SIP.
EPA has determined that Florida’s
August 15, 2013 SIP revision, including
the technical demonstration associated
with the State’s request for the removal
of the Federal RVP requirements, and
the updated attainment inventory,
emissions projections and air quality
monitoring data, and the removal of the
MVIP-related sections of the Florida SIP
are consistent with the applicable
provisions of the CAA. Should EPA
decide to remove the subject portions of
the Maintenance Plan Areas from those
areas subject to the 7.8 psi Federal RVP
requirements, such action will occur in
a separate rulemaking.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submittal 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.);
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• 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, October 7,
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 7, 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
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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, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements and Volatile organic
compounds.
Dated: December 19, 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.520
*
Subpart K—Florida
■
a. Amend paragraph (c) by removing
the heading and all entries for ‘‘Chapter
62–242 Motor Vehicle Emissions
Standards and Test Procedures,’’; and
■ b. Amend paragraph (e) by adding a
new entry for ‘‘RVP Update for Florida
1997 8-hour Ozone Maintenance Plans’’
at the end of the table.
The addition reads as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
2. In § 52.520:
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
Provision
*
*
RVP Update for Florida 1997 8-hour
Ozone Maintenance Plans.
EPA approval
date
*
Federal Register notice
*
8/15/13
1/6/14
*
*
[Insert citation of publication].
This final rule is effective on
February 5, 2014.
DATES:
[FR Doc. 2013–31557 Filed 1–3–14; 8:45 am]
BILLING CODE 6560–50–P
EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0202. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0202; FRL–9905–05Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to Rules and Regulations for
Control of Air Pollution; Permitting of
Grandfathered Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions of
the Texas State Implementation Plan
(SIP) submitted by the State of Texas on
July 31, 2002; September 4, 2002; and
March 1, 2004. These revisions require
that all grandfathered facilities obtain
specific permits which include emission
control methods to achieve mandated
emission reductions, as required, or
shutdown; and require that emissions
from dockside vessels which result from
operations at grandfathered land-based
facilities be included in specific
permits. The revisions also outline
additional permitting procedures for
certain grandfathered pipeline
equipment located in an ozone
nonattainment area. EPA is approving
the revisions under the Clean Air Act
(CAA or Act), and EPA’s regulations.
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:04 Jan 03, 2014
Jkt 232001
FOR FURTHER INFORMATION CONTACT:
Mr.
Rick Barrett (6PD–R), Air Permits
Section, telephone (214) 665–7227;
email: barrett.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘our,’’
and ‘‘us’’ refers to EPA.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
Explanation
*
I. Background
The background for today’s action is
discussed in detail in our October 25,
2013 proposal (78 FR 63929). In that
notice, we proposed to approve
revisions to the Texas SIP regarding 30
TAC Chapter 116, subchapter H:
‘‘Permits for Grandfathered Facilities’’
and Subchapter I: ‘‘Electric Generating
Facility Permits’’.
We received one comment on our
proposal. The comment we received can
be accessed from the
www.regulations.gov Web site (Docket
No. EPA–R06–OAR–2011–0202). The
discussion below addresses the
comment we received on our proposed
action.
II. Response to Comments
Comment: We received a comment
dated November 22, 2013, from the
Texas Commission on Environmental
Quality (TCEQ) stating that TCEQ does
not support the proposed approval of 30
TAC 116.803. TCEQ noted that on
September 24, 2013, it withdrew 30
TAC 116.793 through 116.807 from EPA
consideration. TCEQ referenced a June
29, 2011 letter from EPA Region 6 to
TCEQ. In that letter, EPA returned
certain subsections of 30 TAC Chapter
116, subchapter H, specifically 30 TAC
116.779(a)(10), 116.786(c)(2)(B)(ii)(I),
116.794(11), 116.795(f), and 116.799(a).
The returned subsections pertain to
Texas’ implementation of the hazardous
air pollution program under section
112(g) of the Clean Air Act, and are not
required to be submitted as a revision to
the Texas SIP.
E:\FR\FM\06JAR1.SGM
06JAR1
]]>Agencies
[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 573-577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31557]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0564; FRL-9905-09-Region 4]
Approval and Promulgation of Implementation Plans; Florida: Non-
Interference Demonstration for Removal of Federal Low-Reid Vapor
Pressure Requirement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State of Florida's August 15, 2013, State
Implementation Plan (SIP) revision to the State's approved maintenance
plans addressing the 1997 8-hour ozone national ambient air quality
standards (NAAQS). Florida's revision provides updated modeling and
demonstrates that the Southeast Florida, Tampa Bay and Jacksonville
areas would continue to maintain the 1997 8-hour ozone NAAQS if the
currently applicable Federal Reid Vapor Pressure (RVP) standard for
gasoline of 7.8 pounds per square inch (psi) was modified to a less
stringent standard of 9.0 psi for Broward, Dade, Duval, Hillsborough,
Palm Beach and Pinellas Counties (hereafter also referred to as the
``Maintenance Plan Areas'') during the high-ozone season. The State
included a technical demonstration with the August 15, 2013, SIP
revision demonstrating that the less-stringent RVP in these Areas would
not interfere with continued maintenance of the 1997 8-hour ozone NAAQS
or any other applicable standard. Approval of the State's August 15,
2013, SIP revision is a prerequisite for EPA's consideration of an
amendment to the regulations to remove the Maintenance Plan Areas from
the list of areas that are currently subject to the Federal 7.8 psi RVP
requirements. EPA has determined that Florida's August 15, 2013, SIP
revision with respect to the revised modeling and associated technical
demonstration, and with respect to the use of updated models, is
consistent with the applicable provisions of the Clean Air Act (CAA or
Act). Should EPA decide to remove the subject portions of the
Maintenance Plan Areas from those areas subject to the 7.8 psi Federal
RVP requirements, such action will occur in a subsequent rulemaking.
Also, on November 29, 2012, Florida requested removal of the existing
SIP references to the previously-implemented inspection and maintenance
programs in the Maintenance Plan Areas. Based upon a noninterference
demonstration provided by the State, EPA previously approved revisions
to remove the emission reduction credits associated with this program
from the SIP. Through this action, EPA is now removing the specific SIP
references to the defunct inspection and maintenance program based upon
the State's earlier demonstration of noninterference.
DATES: This rule is effective February 5, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0564. 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: Sean Lakeman, 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
[[Page 574]]
telephone number is (404) 562-9043. Mr. Lakeman can be reached via
electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background of the Areas
II. What is the history of the gasoline volatility requirement?
III. Background of the Motor Vehicle Inspection Program
IV. This Action
V. Final Action
VI. Statutory and Executive Order Reviews
I. Background of the Areas
On November 6, 1991 (56 FR 56694), EPA designated the Southeast
Florida area (i.e., Broward, Dade and Palm Beach counties) as Moderate;
the Jacksonville area (i.e., Duval County) as Transitional; and the
Tampa area (i.e., Hillsborough and Pinellas counties) as Marginal
nonattainment areas for the 1-hour ozone NAAQS. Among the requirements
applicable to nonattainment areas for the 1-hour ozone NAAQS was the
requirement to meet certain volatility standards (known as Reid Vapor
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June
11, 1990). As discussed in greater detail below, as part of the RVP
requirements associated with these nonattainment designations, gasoline
sold in the 1-hour ozone nonattainment areas could not exceed 7.8 psi
RVP during the high-ozone season months.
Following implementation of the 7.8 psi RVP requirement in the
Southeast Florida, Jacksonville and Tampa areas, each area was
redesignated to attainment for the 1-hour ozone NAAQS (60 FR 41
(January 3, 1995); 60 FR 10326 (February 24, 1995); and 60 FR 62748
(December 7, 1995), respectively).
Included with Florida's redesignation requests, the State submitted
the required 1-hour ozone monitoring data and maintenance plans
ensuring that these areas would remain in attainment of the 1-hour
ozone standard for at least a period of 10 years (consistent with CAA
section 175A(a)). The maintenance plans submitted by Florida followed
EPA guidance for maintenance areas subject to section 175A of the CAA.
Florida later updated all three maintenance plans in accordance with
section 175(A)(b) to extend the maintenance plans to cover additional
years such that the entire maintenance period extended at least 20
years after the initial redesignation of these areas to attainment for
the 1-hour ozone NAAQS.
These 1-hour ozone maintenance plan requirements remained in place
for the Maintenance Plan Areas when they were subsequently designated
unclassifiable/attainment for the subsequent 1997 8-hour ozone NAAQS
\1\ and then designated unclassifiable/attainment for the revised 2008
8-hour ozone NAAQS. See 77 FR 30088, May 21, 2012. However, the
Maintenance Plan Areas were required to submit a 10-year maintenance
plan under section 110(a)(1) of the CAA for the 1997 8-hour ozone
NAAQS.\2\ As required, these 110(a)(1) maintenance plans provide for
continued attainment and maintenance of the 1997 8-hour ozone NAAQS for
at least 10 years from the effective date of these areas' designation
as attainment for the 1997 8-hour ozone NAAQS. These plans also include
components demonstrating how each area will continue to attain the 1997
8-hour ozone NAAQS, and provide contingency measures should the area
violate the NAAQS. Florida's ozone redesignation requests and
maintenance plans for the Maintenance Plan Areas did not seek removal
of the 7.8 psi RVP standard, and as such, these areas remain subject to
the 7.8 psi RVP standard per the terms of their approved respective
110(a)(1) maintenance plans.
---------------------------------------------------------------------------
\1\ Effective June 15, 2004, Broward, Dade, Duval, Hillsborough,
Palm Beach and Pinellas Counties in Florida were designated
unclassifiable/attainment for the 1997 8-hour ozone NAAQS. See 69 FR
23857. The same counties were designated as unclassifiable/
attainment for the 2008 8-hour ozone NAAQS. See 77 FR 30088.
\2\ As noted above, maintenance areas for the 1-hour ozone
standard designated attainment/unclassifiable for the 1997 8-hour
ozone standard are required to submit a maintenance plan under
section 110(a)(1) of the CAA demonstrating maintenance out to 10
years after designation. See 69 FR 23996 (Apr. 30, 2004).
---------------------------------------------------------------------------
II. What is the history of the gasoline volatility requirement?
On August 19, 1987 (52 FR 31274), EPA determined that gasoline
nationwide had become increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as VOC, are precursors
to the formation of tropospheric ozone and contribute to the nation's
ground-level ozone problem. Exposure to ground-level ozone can reduce
lung function (thereby aggravating asthma or other respiratory
conditions), increase susceptibility to respiratory infection, and may
contribute to premature death in people with heart and lung disease.
The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Pursuant to section
211(c) of the CAA, EPA promulgated regulations on March 22, 1989 (54 FR
11868), that set maximum limits for the RVP of gasoline sold during the
high-ozone season. These regulations constituted Phase I of a two-phase
nationwide program, which was designed to reduce the volatility of
commercial gasoline during the high-ozone season. On June 11, 1990 (55
FR 23658), EPA promulgated more stringent volatility controls as Phase
II of the volatility control program. These requirements established
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the State,
the month, and the area's initial ozone attainment designation with
respect to the 1-hour ozone NAAQS during the high-ozone season).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high-ozone
season. Section 211(h) prohibits EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
EPA may impose a lower (more stringent) standard in any former ozone
nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658).
As stated in the preamble to the Phase II volatility controls and
reiterated in the proposed change to the volatility standards published
in 1991, EPA will rely on states to initiate changes to EPA's
volatility program that they believe will enhance local air quality
and/or increase the economic efficiency of the program within the
limits of CAA section 211(h).\3\ In those rulemakings, EPA explained
that the Governor of a State may petition EPA to set a volatility
standard less stringent than 7.8 psi for some month or months in a
nonattainment area. The petition must demonstrate such a change is
appropriate because of a particular local economic impact and that
sufficient alternative programs are available to achieve attainment and
maintenance of
[[Page 575]]
the 1-hour ozone NAAQS. A current listing of the RVP requirements for
states can be found on EPA's Web site at: https://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
---------------------------------------------------------------------------
\3\ See 55 FR 23658 (June 11, 1990), 56 FR 24242 (May 29, 1991)
and 56 FR 64704 (Dec. 12, 1991).
---------------------------------------------------------------------------
As explained in the December 12, 1991 (56 FR 64704), Phase II
rulemaking, EPA believes that relaxation of an applicable RVP standard
in a nonattainment area is best accomplished in conjunction with the
redesignation process. In order for an ozone nonattainment area to be
redesignated as an attainment area, section 107(d)(3) of the Act
requires the state to make a showing, pursuant to section 175A of the
Act, that the area is capable of maintaining attainment for the ozone
NAAQS for a period of ten years after redesignation. Depending on the
Area's circumstances, this maintenance plan will either demonstrate
that the area is capable of maintaining attainment for ten years
without the more stringent volatility standard or that the more
stringent volatility standard may be necessary for the area to maintain
its attainment with the ozone NAAQS. Therefore, in the context of a
request for redesignation, EPA will not relax the volatility standard
unless the state requests a relaxation and the maintenance plan
demonstrates, to the satisfaction of EPA, that the area will maintain
attainment for ten years without the need for the more stringent
volatility standard. As noted above, however, Florida did not request
relaxation of the applicable 7.8 psi RVP standard when the
Jacksonville, Southeast Florida and Tampa Areas were redesignated to
attainment for the 1-hour ozone NAAQS. Rather, Florida is now seeking
to relax the 7.8 psi RVP standard after these Areas have been
redesignated to attainment for the 1-hour ozone NAAQS. Accordingly, the
original modeling and maintenance demonstration supporting the section
110(a)(1) ozone maintenance plans must be revised to reflect continued
attainment under the relaxed 9.0 psi RVP standard that the State has
requested.
III. Background of the Motor Vehicle Inspection Program
The State of Florida previously implemented a motor vehicle
inspection and maintenance program in the Jacksonville, Southeast
Florida and Tampa areas as part of the State's strategy to meet the 1-
hour ozone NAAQS. This program was referred to as the Motor Vehicle
Inspection Program (MVIP). On July 1, 2000, the Florida legislature
terminated the MVIP for Jacksonville, Southeast Florida and Tampa, and
removed the program's statutory authority. As a consequence of this
repeal, FDEP developed and submitted SIP revisions to remove the
emissions reductions attributable to this program in the aforementioned
areas from the Florida SIP. Specifically, on December 10, 1999, FDEP
submitted a revision to the SIP for the ozone air quality maintenance
plans for the Jacksonville and Southeast Florida areas, and on August
29, 2000, for the Tampa, Florida area. FDEP's submissions requested the
removal of the emission reduction credits attributable to the MVIP from
the future year emission projections contained in the maintenance plans
and provided a demonstration that removal of the emission reductions
associated with the MVIP would not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. At the time, however,
Florida did not also explicitly request removal from its SIP of the
regulatory references to the MVIP program. Subsequently, in EPA's final
rulemakings, published August 2, 2001 (66 FR 40137), and August 15,
2002 (67 FR 53314), the Agency approved the SIP revisions removing the
emissions reductions that were attributable to the inspection and
maintenance program in the Maintenance Plan Areas, but the regulatory
references to the MVIP program remained.
Florida's December 10, 1999, and August 29, 2000, SIP revisions
demonstrated that the Maintenance Plan Areas could maintain the ozone
NAAQS without the implementation of the MVIP. EPA reviewed the State's
emissions inventory and modeling analyses and found that they met the
applicable guidance and requirements. Therefore, the State made the
necessary demonstration that the MVIP was not necessary to maintain the
ozone NAAQS and that attainment of the NAAQS for any other pollutant
would not be affected by removing the MVIP from the SIP. However,
because EPA did not remove Florida Code Annotated Section 62-242 from
the table of EPA-approved rules at 40 CFR 52.520, on November 29, 2012,
FDEP submitted a letter to EPA requesting that EPA remove these now-
defunct rules from the Florida SIP. In its letter, the State noted that
these rules relate to the defunct MVIP, and also noted EPA's previous
rulemakings to remove the emissions reductions attributable to this
program in its SIP. The portion of today's action related to removal of
the MVIP rules from the SIP is being taken in response to the State's
November 29, 2012, request, and is based upon the previously approved
non-interference demonstration provided by Florida to support the
removal of the emission reduction credits associated with the now-
defunct inspection and maintenance program in the Southeast Florida,
Tampa Bay and Jacksonville areas.
EPA notes that the section 110(l) non-interference demonstration
submitted by Florida in support of its requested RVP revisions is also
premised upon the continued non-implementation of the now-discontinued
MVIP in these areas.
IV. This Action
On November 8, 2013 (78 FR 67090), EPA proposed approval of
Florida's August 15, 2013, SIP revision to the State's approved
maintenance plans addressing the 1997 8-hour ozone NAAQS in the
Southeast Florida, Tampa Bay and Jacksonville areas. Specifically,
Florida's revision, including updated modeling, shows that these areas
would continue to maintain the 1997 8-hour ozone standard if the
currently applicable Federal RVP standard for gasoline of 7.8 psi was
modified to a less stringent standard of 9.0 psi for Broward, Dade,
Duval, Hillsborough, Palm Beach and Pinellas Counties during the high-
ozone season. Florida's August 15, 2013, SIP revision, includes updated
mobile source emissions modeling using EPA's approved models--Motor
Vehicle Emissions Simulator (MOVES) and NONROAD2008--to support the
request to modify the RVP gasoline requirement from 7.8 psi to 9.0 psi.
Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the Act. EPA's criterion for determining the
approvability of Florida's August 15, 2013, SIP revision is whether the
requested action complies with section 110(l) of the CAA. Because the
modeling associated with the current maintenance plans for Florida are
premised in part upon the 7.8 psi RVP requirement, a request to revise
the maintenance plan modeling to no longer rely on the 7.8 psi RVP
requirement is subject to the requirements of CAA section 110(l).
Therefore, the State must demonstrate that its August 15, 2013, SIP
revision will not interfere with the attainment or maintenance of any
of the NAAQS or any other applicable requirement of the CAA. EPA also
notes that Florida's technical demonstration in its August 15, 2013,
SIP revision accounts for the
[[Page 576]]
absence of the previously-implemented inspection and maintenance
programs in the Maintenance Plan Areas.
The section 110(l) non-interference demonstration is a case-by-case
determination based upon the circumstances of each SIP revision. EPA
interprets 110(l) as applying to all NAAQS that are in effect,
including those that have been promulgated, but for which the EPA has
not yet made designations. The specific elements of the 110(l) analysis
contained in the SIP revision depend on the circumstances and emissions
analyses associated with that revision. EPA's analysis of Florida's
August 15, 2013, SIP revision, including review of section 110(l)
requirements, can be found in the proposed rule published on November
8, 2013 (78 FR 67090). The specific revisions to the maintenance plan
modeling that EPA is approving are the ozone maintenance plan
attainment inventories, emissions projections and air quality
monitoring data. The revised modeling also utilizes updated models to
calculate the mobile source emissions.
Also, based on a request by the State on November 29, 2012, EPA is
removing the existing SIP references related to the previously-
implemented inspection and maintenance programs in the Maintenance Plan
Areas. As discussed above, Florida discontinued this program and
submitted SIP revisions in 1999 and 2000 to remove the emissions
reduction credits associated with the MVIP program from its SIP. See 66
FR 40137; 67 FR 53314. At the time, Florida demonstrated that removal
of these emission credits would not interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171), or any other applicable requirement of the
Act. In addition, the State's technical demonstration provided with the
August 15, 2013, RVP-related SIP revision also demonstrates that the
less-stringent RVP standard and the absence of an inspection and
maintenance program in these areas would not interfere with continued
maintenance of the 1997 8-hour ozone NAAQS or any other applicable
standard.
EPA received no adverse comments on its proposed action and is
therefore finalizing the proposed action.
V. Final Action
EPA is approving the State of Florida's August 15, 2013, SIP
revision to its 1997 8-hour ozone NAAQS 110(a)(1) Maintenance Plans for
the Maintenance Plan Areas. Specifically, EPA is approving the State's
showing that the Maintenance Plan Areas can continue to maintain the
1997 ozone standard without the emissions reductions associated with
both the previously-implemented MVIP, and the use of gasoline with an
RVP of 7.8 psi during the high-ozone season--June 1 through September
15 in the Maintenance Plan Areas. Also, EPA is approving the updated
attainment inventories, emissions projections and air quality
monitoring which are associated with the updated and revised modeling
related to the change in the applicable RVP standard, and the absence
of the previously-implemented inspection and maintenance programs for
the Maintenance Plan Areas. Additionally, EPA is removing Florida Code
Annotated Section 62-242, which pertains to the now-defunct MVIP, from
the Florida SIP.
EPA has determined that Florida's August 15, 2013 SIP revision,
including the technical demonstration associated with the State's
request for the removal of the Federal RVP requirements, and the
updated attainment inventory, emissions projections and air quality
monitoring data, and the removal of the MVIP-related sections of the
Florida SIP are consistent with the applicable provisions of the CAA.
Should EPA decide to remove the subject portions of the Maintenance
Plan Areas from those areas subject to the 7.8 psi Federal RVP
requirements, such action will occur in a separate rulemaking.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submittal 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, October 7, 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 7, 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
[[Page 577]]
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, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements and Volatile organic
compounds.
Dated: December 19, 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. In Sec. 52.520:
0
a. Amend paragraph (c) by removing the heading and all entries for
``Chapter 62-242 Motor Vehicle Emissions Standards and Test
Procedures,''; and
0
b. Amend paragraph (e) by adding a new entry for ``RVP Update for
Florida 1997 8-hour Ozone Maintenance Plans'' at the end of the table.
The addition reads as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective Federal Register
Provision date EPA approval date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
RVP Update for Florida 1997 8- 8/15/13 1/6/14 [Insert citation of
hour Ozone Maintenance Plans. publication].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-31557 Filed 1-3-14; 8:45 am]
BILLING CODE 6560-50-P
