Approval of States' Requests To Relax the Federal Reid Vapor Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina, 29362-29369 [2014-11911]

Download as PDF 29362 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations [FR Doc. 2014–11490 Filed 5–21–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2013–0787; FRL–9911–13– OAR] Approval of States’ Requests To Relax the Federal Reid Vapor Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina The Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the March 31, 2014, direct final rule to approve requests from Florida and North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) Standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in six counties in Florida, and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the ‘‘Triangle Area’’) and the Greensboro/ Winston-Salem/High Point Area (also referred to as the ‘‘Triad Area’’) in North Carolina. The EPA is considering these comments and will address the comments in a subsequent action that is to be published soon. The EPA will not institute a second comment period on this action. DATES: The direct final rule published at 79 FR 17889 on March 31, 2014, is withdrawn as of May 22, 2014. FOR FURTHER INFORMATION CONTACT: Rudolph Kapichak, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734–214– 4574; fax number 734–214–4052; email address: kapichak.rudolph@epa.gov. SUPPLEMENTARY INFORMATION: On March 31, 2014 (79 FR 17889), the EPA published a direct final rule approving a request from Florida to change the summertime RVP standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas counties in Florida from 7.8 psi to 9.0 psi by amending the EPA’s regulations at 40 CFR 80.27(a)(2). Additionally, in that direct final rule the EPA approved a request from North Carolina to change the summertime RVP standard for the Triangle and Triad Areas from 7.8 psi to 9.0 psi by amending the EPA’s regulations at 40 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 CFR 80.27(a)(2). The Triangle Area is comprised of Durham and Wake Counties, and the Dutchville Township portion of Granville County. The Triad Area is comprised of the counties of Davidson, Forsyth and Guilford in their entirety, and the portion of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River. In previous rulemakings, the EPA approved state implementation plan revisions from Florida and North Carolina which provided technical analyses that demonstrated that removal of the Federal RVP requirements of 7.8 psi for gasoline sold between June 1 and September 15 of each year in the six counties in Florida, and the North Carolina Triangle and Triad Areas would not interfere with maintenance of the national ambient air quality standards in these areas. In the direct final rule, the EPA stated that if adverse comments were received by April 30, 2014, the rule would be withdrawn and not take effect. On March 29, 2014, the EPA received a comment letter. The EPA interprets the comments in that letter as adverse and, therefore, the EPA is withdrawing the direct final rule. The EPA will address these comments in a separate final action based upon the proposed rulemaking action at 79 FR 17966 (March 31, 2014). The EPA will not institute a second comment period on this action. Accordingly, the amendment to 40 CFR 80.27 which published in the Federal Register on March 31, 2014, at 79 FR 17895 is withdrawn as of May 22, 2014. Dated: May 15, 2014. Gina McCarthy, Administrator. [FR Doc. 2014–11910 Filed 5–21–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2013–0787; FRL–9911–12– OAR] Approval of States’ Requests To Relax the Federal Reid Vapor Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina The Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 approve requests from Florida and North Carolina for the EPA to relax the Reid Vapor Pressure (RVP) Standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year in six counties in Florida, and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the ‘‘Triangle Area’’) and the Greensboro/ Winston-Salem/High Point Area (also referred to as the ‘‘Triad Area’’) in North Carolina. Specifically, the EPA is approving amendments to the regulations to change the RVP standard for six counties in Florida, and for the counties in the Triangle and Triad Areas from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline. Additionally, the EPA is responding to adverse comments received for this action. The EPA has determined that these changes to the Federal RVP regulation are consistent with the applicable provisions of the Clean Air Act (CAA or Act). DATES: This final rule will become effective on May 30, 2014. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA–HQ–OAR–2013– 0787. 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 Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566– 1742. FOR FURTHER INFORMATION CONTACT: Rudolph Kapichak, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214– 4574; fax number (734) 214–4052; email address: kapichak.rudolph@epa.gov. SUPPLEMENTARY INFORMATION: Organization of this document. The following outline is provided to aid in locating information in this preamble. Table of Contents I. General Information E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES II. Actions Being Taken III. History of Gasoline Volatility Requirement IV. The EPA’s Policy Regarding Relaxation of Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas V. The EPA’s Analysis of Florida’s Request To Relax the Federal RVP Requirements in the State VI. The EPA’s Analysis of North Carolina’s Requests To Relax the Federal RVP Requirements in the Triangle and Triad Areas VII. Response to Comments VIII. Final Action IX. Statutory and Executive Order Reviews X. Legal Authority and Statutory Provisions 29363 summertime RVP standard for six Florida counties, and for the Triangle and Triad Areas from 7.8 psi to 9.0 psi Gasoline Transporters .......... 484220 by amending the EPA’s regulations at 40 484230 CFR 80.27(a)(2). The preamble for this a North American Industry Classification rulemaking is organized as follows. System (NAICS). Section III provides the history of federal gasoline volatility regulation. This table provides only a guide for Section IV describes the policy readers regarding entities likely to be regarding relaxation of volatility regulated by this action. You should standards in ozone nonattainment areas carefully examine the regulations in 40 that are redesignated as attainment CFR 80.27 to determine whether your areas. Section V provides information facility is impacted. If you have further specific to Florida’s request for the six questions, call the person listed in the counties currently subject to the 7.8 psi FOR FURTHER INFORMATION CONTACT summertime RVP requirements. Section section of this preamble. VI provides information specific to Effective date. Section 553(d) of the II. Actions Being Taken North Carolina’s requests for the Administrative Procedure Act (APA), 5 counties in the Triangle and Triad Areas This final rule approves a request U.S.C. Chapter 5, generally provides from Florida to change the summertime that are currently subject to the 7.8 psi that rules may not take effect earlier summertime RVP requirements. Section than 30 days after they are published in RVP standard for Broward, Dade, Duval, VII provides EPA’s response to the Hillsborough, Palm Beach and Pinellas the Federal Register. The EPA is issuing adverse comment received. Finally, counties in Florida from 7.8 psi to 9.0 this final rule under CAA section Section VIII presents the final action in psi by amending the EPA’s regulations 307(d)(1). Section 307(d)(1) states: ‘‘The at 40 CFR 80.27(a)(2). Additionally, this response to the requests from Florida provisions of section 553 through 557 final rule approves a request from North and North Carolina. . . . of Title 5 shall not, except as Carolina to change the summertime RVP III. History of the Gasoline Volatility expressly provided in this section, standard for the Triangle and Triad Requirement apply to actions to which this Areas from 7.8 psi to 9.0 psi by subsection applies.’’ Thus, section On August 19, 1987 (52 FR 31274), 553(d) of the APA does not apply to this amending the EPA’s regulations at 40 the EPA determined that gasoline CFR 80.27(a)(2). The Triangle Area is rule. EPA is nevertheless acting nationwide was becoming increasingly comprised of Durham and Wake consistently with the policies volatile, causing an increase in Counties, and the Dutchville Township underlying APA section 553(d) in evaporative emissions from gasolineportion of Granville County. The Triad making this rule effective on May 30, powered vehicles and equipment. Area is comprised of the counties of 2014. APA section 553(d) allows an Evaporative emissions from gasoline, Davidson, Forsyth and Guilford in their referred to as volatile organic effective date less than 30 days after entirety, and the portion of Davie publication for a rule that ‘‘that grants compounds (VOC), are precursors to the County bounded by the Yadkin River, or recognizes an exemption or relieves formation of tropospheric ozone and Dutchmans Creek, North Carolina a restriction.’’ 5 U.S.C. 553(d)(1). This contribute to the nation’s ground-level Highway 801, Fulton Creek and back to rule fits within that exception because ozone problem. Exposure to groundit lifts the restriction on the introduction Yadkin River. level ozone can reduce lung function In previous rulemakings, the EPA into commerce of gasoline with a RVP (thereby aggravating asthma or other approved state implementation plan respiratory conditions), increase of greater than 7.8 psi sold in areas in (SIP) revisions from Florida and North susceptibility to respiratory infection, Florida and North Carolina between Carolina which provided technical and may contribute to premature death June 1 and September 15 of each year. analyses that demonstrated that removal in people with heart and lung disease. Because today’s action can be of the Federal RVP requirements of 7.8 The most common measure of fuel considered to relieve a restriction that psi for gasoline sold between June 1 and volatility that is useful in evaluating would otherwise prevent the September 15 of each year in the six gasoline evaporative emissions is RVP. introduction into commerce of gasoline counties in Florida, and the North Under section 211(c) of the CAA, the with a RVP of greater than 7.8 psi, the Carolina Triangle and Triad Areas EPA promulgated regulations on March EPA is making this action effective on would not interfere with maintenance of 22, 1989 (54 FR 11868) that set May 30, 2014. the national ambient air quality maximum limits for the RVP of gasoline I. General Information standards (NAAQS) in these areas. For sold during the regulatory control more information on Florida’s SIP periods that were established on a stateThroughout this document, ‘‘the revision for the six Florida counties and by-state basis in the final rule. The Agency’’ is used to mean the EPA. Entities potentially affected by this the EPA’s analysis of Florida’s SIP regulatory control periods addressed the rule are fuel producers and distributors revision refer to the January 6, 2014, portion of the year when peak ozone who do business in Florida and in North final rule at 79 FR 573; on North concentrations were expected. These Carolina. Regulated entities include: Carolina’s SIP revision for the Triangle regulations constituted Phase I of a twoArea refer to the January 2, 2014 final phase nationwide program, which was Examples of potentially NAICS rule at 79 FR 47; and on North designed to reduce the volatility of a regulated entities Codes Carolina’s SIP revision for the Triad commercial gasoline during the high ozone season. On June 11, 1990 (55 FR Petroleum refineries ............. 324110 Area refer to the January 24, 2014 final rule at 79 FR 4082. 23658), the EPA promulgated more Gasoline Marketers and DisAs mentioned above, this final rule stringent volatility controls as Phase II tributors ............................. 424710 of the volatility control program. These 424720 approves requests from Florida and Gasoline Retail Stations ....... 447110 North Carolina to change the requirements established maximum VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 PO 00000 Examples of potentially regulated entities Frm 00041 Fmt 4700 Sfmt 4700 NAICS Codes a E:\FR\FM\22MYR1.SGM 22MYR1 mstockstill on DSK4VPTVN1PROD with RULES 29364 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 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). The 1990 CAA Amendments established a new section, 211(h), to address fuel volatility. Section 211(h) requires the 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 the EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that the Agency may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), the 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), which included the 7.8 psi ozone season limitation for certain areas. As stated in the preamble to the Phase II volatility controls and reiterated in the proposed change to the volatility standards published in 1991, the EPA will rely on states to initiate changes to the volatility program. The EPA’s policy for approving such changes is described in Section IV of this preamble. Florida and North Carolina initiated these changes by requesting that the EPA relax the 7.8 psi RVP standard for counties that are in ozone maintenance areas. Accordingly, the States revised their original modeling and maintenance demonstrations for these areas to reflect continued attainment under the relaxed 9.0 psi RVP standard that the States have requested. See Section V of this action for information specific to Florida’s request for the six counties currently subject to the 7.8 psi summertime RVP requirements. See Section VI of this action for information specific to North Carolina’s requests for the counties in the Triangle and Triad Areas that are currently subject to the 7.8 psi summertime RVP requirements. VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 IV. The EPA’s Policy Regarding Relaxation of Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas As stated in the preamble for the EPA’s amended Phase II volatility standards (56 FR 64706), any change in the volatility standard for a nonattainment area that was subsequently redesignated as an attainment area must be accomplished through a separate rulemaking that revises the applicable standard for that area. Thus, for former 1-hour ozone nonattainment areas where the EPA mandated a Phase II volatility standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 7.8 psi RVP will remain in effect, even after such an area is redesignated to attainment, until a separate rulemaking is completed that revises the RVP standard in that area from 7.8 psi to 9.0 psi. As explained in the December 12, 1991, rulemaking, the EPA believes that relaxation of an applicable RVP standard 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 ten years. 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, the EPA will not relax the volatility standard unless the state requests a relaxation and the maintenance plan demonstrates, to the satisfaction of the EPA, that the area will maintain attainment for ten years without the need for the more stringent volatility standard. V. The EPA’s Analysis of Florida’s Request To Relax the Federal RVP Requirements in the State On November 6, 1991, the EPA designated and classified 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. See 56 FR 56694 (November 6, 1991). Among the requirements applicable to PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 nonattainment areas for the 1-hour ozone NAAQS was the requirement to meet certain RVP standards for gasoline sold commercially during the high ozone season. See 55 FR 23658 (June 11, 1990). Thus, the RVP requirements for gasoline sold in these three 1-hour ozone nonattainment areas was 7.8 psi from June 1 through September 15 of each year. Subsequently, each area was redesignated to attainment for the 1hour ozone NAAQS.1 Florida’s redesignation requests did not include a request for relaxation of the gasoline volatility standard.2 3 On August 15, 2013, the State of Florida, through the Florida Department of Environmental Protection (FDEP), submitted a request for the EPA to relax the Federal RVP requirement of 7.8 psi in Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties in Florida. The State also submitted a technical analysis which demonstrated that the less-stringent RVP in these counties would not interfere with continued maintenance of the 1997 8hour ozone NAAQS or any other applicable standard.4 Specifically, the State updated the 10-year maintenance plans that were submitted for the three 1-hour ozone maintenance areas under section 110(a)(1) of the CAA for the 1997 ozone NAAQS.5 As required, these section 110(a)(1) maintenance plans provided 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 included components demonstrating how each area will continue to attain the 1997 8hour ozone NAAQS, and provided contingency measures should an area violate the NAAQS. Florida’s previous ozone redesignation requests and maintenance plans for these areas did 1 60 FR 41, (January 3, 1995); 60 FR 10326 (February 24, 1995); and 60 FR 62748 (December 7, 1995), respectively. 2 Effective on June 15, 2004, Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties were designated unclassifiable/attainment for the 1997 8-hour ozone NAAQS. See 69 FR 23857. 3 Effective on July 20, 2012, the same counties were designated as unclassifiable/attainment for the 2008 8-hour ozone NAAQS. See 77 FR 30088. 4 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 (April 30, 2004). 5 The EPA has determined that redesignated 1hour ozone attainment areas that are designated 8hour ozone attainment areas may rely on the section 110(a)(1) maintenance plan for purposes of requesting relaxation of the more stringent volatility standard. See 73 FR 8202, 8205 (February 13, 2008). E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations not remove the 7.8 psi RVP standard. See 75 FR 29671 (May 27, 2010). As mentioned above, on August 15, 2013, FDEP submitted changes to the three CAA section 110(a)(1) maintenance plans that collectively cover Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties in Florida. Florida’s August 15, 2013, SIP revision modifies the existing section 110(a)(1) maintenance plans to account for a less stringent applicable RVP gasoline requirement of 9.0 psi for these areas. Specifically, Florida’s August 15, 2013, SIP revision included an evaluation of the impact that the removal of the 7.8 psi RVP requirement would have on maintenance of the 1997 and 2008 ozone standards, and on other applicable NAAQS. The EPA evaluated Florida’s August 15, 2013, SIP revision in a previous rulemaking that was subject to public notice-and-comment and no comments were received. The EPA approved Florida’s August 15, 2013, SIP revision on January 6, 2014. See 79 FR 573. In this final action, based on the previous approval of Florida’s August 15, 2013, SIP revision, and the fact that the areas are currently attaining all ozone NAAQS, the EPA is approving Florida’s request to relax the high ozone season RVP standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas counties from 7.8 psi to 9.0 psi. mstockstill on DSK4VPTVN1PROD with RULES VI. The EPA’s Analysis of North Carolina’s Requests To Relax the Federal RVP Requirements in the Triangle and Triad Areas The following two sections provide the EPA’s analysis of North Carolina’s requests to relax the Federal RVP requirements in the Triangle and Triad Areas. A. The EPA’s Analysis of North Carolina’s Requests To Relax the Federal RVP Requirement in the Triangle Area On November 6, 1991, the EPA designated and classified Durham and Wake Counties, and the Dutchville Township portion of Granville County (also known as the Triangle Area at the time) as a Moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694 (November 6, 1991). Among the requirements applicable to nonattainment areas for the 1-hour ozone NAAQS was the requirement to meet certain RVP standards for gasoline sold commercially during the high ozone season. See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for gasoline sold in the Triangle Area was 7.8 psi from June 1 through September 15 of each year. On April 18, 1994, the VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 Triangle Area was redesignated to attainment for the 1-hour ozone standard. See 59 FR 18300. North Carolina’s redesignation request for the Triangle Area did not include a request for relaxation of the gasoline volatility standard.6 7 8 On March 27, 2013, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources (NC DENR), submitted a request for the EPA to relax the Federal RVP requirement of 7.8 psi in Wake and Durham Counties, and the Dutchville Township portion of Granville County that was originally included in the 1hour ozone nonattainment area. The State also submitted a technical analysis that demonstrated that the less-stringent RVP in these counties would not interfere with continued maintenance of the 1997 8-hour ozone NAAQS or any other applicable standard. Specifically, the State updated the 10-year maintenance plan that was submitted for the Triangle 1997 8-hour ozone maintenance area under section 175A of the CAA. As required, this section 175A maintenance plan provided for continued attainment and maintenance of the 1997 8-hour ozone NAAQS for at least 10 years from the EPA’s redesignation of the area from nonattainment to attainment for the 1997 8-hour ozone NAAQS. This plan also included components demonstrating how the area will continue to attain the 1997 8-hour ozone NAAQS, and provided contingency measures should the area violate the NAAQS. North Carolina’s previous ozone redesignation requests and maintenance plans for this area did not remove the 7.8 psi RVP standard. See 72 FR 72948 (December 26, 2007). As mentioned above, on March 27, 2013, NC DENR submitted changes to the section 175A maintenance plan for the Triangle Area. North Carolina’s March 27, 2013, SIP revision modifies the existing section 175A maintenance plan to account for a less stringent applicable RVP gasoline requirement of 9.0 psi for the Triangle Area. Specifically, North Carolina’s March 27, 6 Effective on June 15, 2004, the nonattainment area for the Triangle Area for the 1997 ozone NAAQS was expanded from Durham and Wake Counties, and the Dutchville Township portion of Granville County, to also include Franklin, Johnston, Orange, and Person Counties, and the remainder of Granville County and Baldwin, Center, New Hope and Williams Townships in Chatham County. See 69 FR 23857. 7 On December 26, 2007 the Triangle Area was redesignated to attainment for the 1997 8-hour ozone NAAQS. See 72 FR 72948. 8 Effective on July 20, 2012, the same counties were designated as unclassifiable/attainment for the 2008 8-hour ozone NAAQS. See 77 FR 30088. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 29365 2013, SIP revision included an evaluation of the impact that the removal of the 7.8 psi RVP requirement would have on maintenance of the 1997 and 2008 ozone standards, and on other applicable NAAQS. The EPA evaluated North Carolina’s March 27, 2013, SIP revision in a previous rulemaking that was subject to public notice-andcomment. No adverse comments and one supportive comment were received on that proposed action. The EPA approved North Carolina’s March 27, 2013, SIP revision on January 2, 2014. See 79 FR 47. In this action, based on the EPA’s previous approval of North Carolina’s March 27, 2013, SIP revision, and the fact that the Triangle Area is currently attaining all ozone NAAQS, the EPA is approving North Carolina’s request to relax the RVP standard for Wake and Durham Counties, and a portion of Granville County in North Carolina from 7.8 psi to 9.0 psi from June 1 through September 15 of each year. B. The EPA’s Analysis of North Carolina’s Requests To Relax the Federal RVP Requirement in the Triad Area On November 6, 1991, the EPA designated Davidson, Forsyth and Guilford counties in their entirety and the portion of Davie County bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to Yadkin River in the Triad Area as a Moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694 (November 6, 1991). Among the requirements applicable to nonattainment areas for the 1-hour ozone NAAQS was the requirement to meet certain RVP standards for gasoline sold commercially during the ozone season. See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for gasoline sold in the Triad Area was 7.8 psi from June 1 through September 15 of each year. On April 18, 1994, the Triad Area was redesignated to attainment for the 1-hour ozone standard. See 59 FR 18300. North Carolina’s redesignation request for the Triad Area did not include a request for the relaxation of the gasoline volatility standard.9 10 11 12 9 Effective June 15, 2004 for the 1997 ozone NAAQS, the Triad Area was designated as nonattainment with a deferred effective date as part of the Early Action Compact (EAC) program. As part of this action the Triad Area was expanded to include the entire county of Davie, and Alamance, Caswell, Randolph, and Rockingham Counties in their entirety. See 69 FR 23857. 10 For more information on the EAC program, see https://www.epa.gov/airquality/eac/fs20080331_ eac.html. E:\FR\FM\22MYR1.SGM Continued 22MYR1 29366 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES On April 12, 2013, the State of North Carolina, through NC DENR, submitted a request for the EPA to relax the Federal RVP requirement of 7.8 psi in Davidson, Forsyth and Guilford Counties and the relevant portion of Davie County. The State also submitted a technical analysis which demonstrated that the less-stringent RVP in the aforementioned counties would not interfere with continued maintenance of the 1997 8-hour ozone NAAQS or any other applicable standard. Specifically, the State updated the 10-year maintenance plan that was submitted for the Triad 1-hour ozone maintenance area under section 110(a)(1) of the CAA for the 1997 ozone NAAQS.13 As required, this section 110(a)(1) maintenance plan provided for continued attainment and maintenance of the 1997 8-hour ozone NAAQS for at least 10 years from the effective date of the area’s designation as attainment for the 1997 8-hour ozone NAAQS. This plan also included components demonstrating how the area will continue to attain the 1997 8-hour ozone NAAQS, and provided contingency measures should the area violate the NAAQS. North Carolina’s previous ozone redesignation request and maintenance plan for this area did not remove the 7.8 psi RVP standard. See 77 FR 3611 (January 25, 2012). As mentioned above, on April 12, 2013, NC DENR submitted changes to the section 110(a)(1) maintenance plan for the Triad Area. North Carolina’s April 12, 2013, SIP revision modifies the existing section 110(a)(1) maintenance plan to account for a less stringent applicable RVP gasoline requirement of 9.0 psi for the area. Specifically, North Carolina’s April 12, 2013, SIP revision included an evaluation of the impact that the removal of the 7.8 psi RVP requirement would have on maintenance of the 1997 and 2008 ozone standards, and on other applicable NAAQS. The EPA evaluated North Carolina’s April 12, 2013, SIP 11 The Triad Area attained the 1997 ozone NAAQS and on February 2, 2008, the EPA finalized an action for 13 nonattainment areas with deferred effective dates, including the Triad Area, designating these areas attainment for the 1997 8hour ozone NAAQS. However, as a former 1-hour ozone maintenance area the Triad Area was required to submit a 10-year maintenance plan under section 110(a)(1) of the CAA. See 73 FR 17897. 12 Effective July 20, 2012, the Triad Area counties were designated as unclassifiable/attainment for the 2008 8-hour ozone NAAQS. See 77 FR 30088. 13 The EPA has determined that redesignated 1hour ozone attainment areas that are designated 8hour ozone attainment areas may rely on the section 110(a)(1) maintenance plan for purposes of requesting relaxation of the more stringent volatility standard. 73 FR 8202, 8205 (February 13, 2008). VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 revision in a previous rulemaking that was subject to public notice-andcomment. No adverse comments and one supportive comment were received on that proposed action. The EPA approved North Carolina’s April 12, 2013, SIP revision on January 24, 2014. See 79 FR 4082. In this action, based on the previous approval of North Carolina’s April 12, 2013, SIP revision, and the fact that the Triad Area is currently attaining all ozone NAAQS, the EPA is approving North Carolina’s request to relax the high ozone season RVP standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from 7.8 psi to 9.0 psi. VII. Response to Comments On March 31, 2014 (79 FR 17889), the EPA published a direct final rule to approve requests from Florida and North Carolina for the EPA to relax the RVP standard in six counties in Florida and in the Triangle Area and Triad Area in North Carolina. The EPA published a parallel proposal in the event that adverse comments were received such that the direct final rule would need to be withdrawn. Specifically, in the direct final rule, the EPA stated that if adverse comments were received by April 30, 2014, the direct final rule would be withdrawn and not take effect. The EPA further stated that the corresponding proposed rule would remain in effect and that any adverse comments received would be responded to in a subsequent final rule provided the EPA was able to address such comments.14 On March 29, 2014, EPA received comments on the rulemaking. Although, for the reasons discussed below, these comments are outside of the scope of today’s action, the EPA viewed these comments as adverse. Therefore, the EPA has withdrawn the direct final rule in a separate Federal Register notice and is providing a summary of comments received and the EPA’s responses to the comments in today’s action. Comments: The commenter stated ‘‘EPA must disapprove this proposal because EPA has failed to conduct a Clean Air Act 110(l) analysis of the impacts the increased emissions will have on the 2008 ozone NAAQS. In addition, EPA would need to reconsider its analysis for Florida and North Carolina’s CAA 110(a)(2)(D)(i) for the 1997 ozone NAAQS and consider this rule rollback for 110(a)(2)(D)(i) for the 2008 ozone NAAQS. This includes impacts in downwind nonattainment areas. Furthermore, ozone monitors in 14 The EPA also noted that an additional public comment period would not be instituted for the action. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Forsyth and Guildford Counties have 2010–2012 design values above the 2008 ozone NAAQS.’’ Response: The EPA disagrees with the commenter’s assertions that EPA should disapprove the proposal, and generally believes these comments are beyond the scope of today’s action. Section 110(l) of the Clean Air Act applies to revisions to a state implementation plan submitted by a State. However, this rulemaking does not approve any SIP revisions. Rather, it revises federal regulations (40 CFR Part 80) applicable to gasoline introduced into commerce in certain areas. Moreover, contrary to the commenter’s claims, EPA did evaluate the impacts of change to the summertime RVP (consistent with CAA section 110(l)) in relation to the States’ requests for the EPA to relax the RVP requirements for six counties in Florida and for the Triad and Triangle Areas in North Carolina. The EPA’s analyses in relation to the States’ requests for the EPA to relax the RVP requirement in the aforementioned areas were included in previous rulemakings (see 79 FR 47 (January 2, 2014), 79 FR 573 (January 6, 2014), and 79 FR 4082 (January 24, 2014)) through which the EPA approved Florida and North Carolina’s SIP revisions that address these changes. The EPA’s analyses (which also included evaluation of impacts to the 2008 8-hour ozone standard in addition to other applicable requirements of the CAA) for each area were subject to a 30day public notice-and-comment, and no adverse comments were received on any of the proposed actions. The opportunity for the commenter to express concerns regarding the requirements of Section 110(l), and the EPA’s analyses of whether the change to the Federal RVP requirements for the six counties in Florida and for the Triangle and the Triad areas would interfere with attainment or maintenance of the NAAQS was during the EPA’s previous rulemakings where the EPA specifically solicited comment on this. The notices for this rulemaking did not reopen any of those actions. With regard to the commenter’s assertion that ‘‘. . . ozone monitors in Forsyth and Guildford Counties have 2010–2012 design values above the 2008 ozone NAAQS,’’ we note (as included in the EPA’s rulemaking for the Triad area (79 FR 4082)) that based on the 2011– 2013 design values, the ozone monitors in Forsyth and Guilford Counties were not above the 2008 8-hour ozone NAAQS. The commenter also mentions that ‘‘EPA would need to reconsider its analysis for Florida and North Carolina’s CAA 110(a)(2)(D)(i) for the E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 1997 ozone NAAQS and consider this rule rollback for 110(a)(2)(D)(i) for the 2008 ozone NAAQS.’’ This comment is not directly relevant to this action as the comment does not address whether or not the EPA should finalize the proposed action, but instead identifies additional actions the commenter believes the EPA would need to take if this action is finalized. Also, the comment does not clearly identify any specific analysis that should be reconsidered by the EPA. The EPA is currently working on a proposed rule to quantify state obligations with respect to section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS and will be accepting public comment on all aspects of that proposal. The EPA has not recently acted on SIP submissions addressing the requirements of section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS for either Florida or North Carolina.15 VIII. Final Action mstockstill on DSK4VPTVN1PROD with RULES The EPA is taking final action to approve requests from Florida and North Carolina for the EPA to relax the RVP applicable to gasoline introduced into commerce from June 1 to September 15 of each year in six counties in Florida, and in the counties of the Triangle and Triad Areas in North Carolina. Specifically, this action amends the applicable RVP standard from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas counties in Florida; Wake and Durham Counties, and a portion of Dutchville Township in Granville County in the Triangle Area in North Carolina; and Davidson, Forsyth and Guilford Counties and a portion of Davie County in the Triad Area. 15 Florida and North Carolina both submitted SIPs intended to address the requirements of 110(a)(2)(D)(i)(I) through participation in the CAIR trading programs. These SIP submissions were approved by EPA. See 72 FR 58016 (October 12, 2007) (Florida), 72 FR 56914 (October 5, 2007) (North Carolina). The D.C. Circuit, however, subsequently remanded CAIR, finding that participation in the CAIR trading programs could not be said to satisfy states’ 110(a)(2)(D)(i)(I) obligations. In response to the remand of CAIR, the EPA has finalized a new rule to address the interstate transport of NOX and SO2 in the eastern United States. See 76 FR 48208 (August 8, 2011) (‘‘the Cross-State Air Pollution Rule’’ or CSAPR). This rule was vacated by the D.C. Circuit in 2012. EME Homer City Generation L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert. granted 133 S.Ct. 2857 (2013) On April 29, 2014 the Supreme Court reversed the judgment of the U.S. Court of Appeals for the D.C. Circuit and remanded the case for further proceedings. (EPA et al. v. EME Homer City Generation L.P., et al., Slip Op.No. 12–1182, S. Ct. 2013, April 29, 2014) . VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 IX. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review As of January 24, 2014, the Office of Management and Budget (OMB), determined that this action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of today’s final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The small entities directly regulated by this final rule are refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in the Florida and North Carolina areas and gasoline distributors and retail stations in those areas. This action will relax the Federal RVP standard for gasoline sold in portions of Florida and North Carolina, during the ozone control season (June 1 to September 15), from 7.8 psi to 9.0 psi, PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 29367 and is therefore expected not to have a significant economic impact on a substantial number of small entities. The rule does not impose any requirements or create impacts on small entities beyond those, if any, already required by or resulting from the CAA Section 211(h) Volatility Control program. D. Unfunded Mandates Reform Act This rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Today’s final rule affects portions of Florida and North Carolina of which the EPA estimates lower fuel costs as a result of this action, therefore reducing cost on businesses and consumers. Thus, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. As discussed above, the rule relaxes an existing standard and affects only the gasoline industry. E. Executive Order 13132 (Federalism) This action does not have federalism implications. It will 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. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175 Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000), requires the EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This action does not have tribal implications, as specified in Executive Order 13175. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because the Agency does not believe the environmental health or safety risks addressed by this E:\FR\FM\22MYR1.SGM 22MYR1 29368 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations action present a disproportionate risk to children. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. mstockstill on DSK4VPTVN1PROD with RULES I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, the EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This rule will relax the applicable volatility standard of gasoline during the summer possibly resulting in slightly higher mobile VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 source emissions. However, Florida and North Carolina have demonstrated in maintenance plans that this action will not interfere with attainment of the 8hour ozone NAAQS and therefore disproportionately high and adverse human health or environmental effects on minority or low-income populations are not an anticipated result. K. Congressional Review Act 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. The 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). This rule will be effective on May 30, 2014. L. Petitions for Judicial Review Section 307(b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: (i) when the agency action consists of ‘‘nationally applicable regulations promulgated, or final actions taken, by the Administrator,’’ or (ii) when such action is locally or regionally applicable, if ‘‘such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.’’ This rule is ‘‘nationally applicable’’ within the meaning of section 307(b)(1). This rule establishes RVP requirements for multiple counties in different States. At the core of this rulemaking is the EPA’s interpretation of the requirements of section 211(h) of the CAA, and its application of that interpretation to different areas of the country. For the same reasons, the Administrator also is determining that this action is of nationwide scope and effect for the purposes of section 307(b)(1). This is particularly appropriate because, in the report on the 1977 Amendments that revised section PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 307(b)(1) of the CAA, Congress noted that the Administrator’s determination that an action is of ‘‘nationwide scope or effect’’ would be appropriate for any action that has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402–03. Here, the scope and effect of this rulemaking extends to two different judicial circuits. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the rule to be of ‘‘nationwide scope or effect’’ and for venue to be in the D.C. Circuit. Thus, any petitions for review of final designations must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). X. Legal Authority and Statutory Provisions Authority for this final action is in sections 211(h) and 301(a) of the CAA, 42 U.S.C. 7545(h) and 7601(a). List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedures, Air pollution control, Fuel additives, Gasoline, Motor vehicle and motor vehicle engines, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements. Dated: May 15, 2014. Gina McCarthy, Administrator. Title 40, chapter I, part 80 of the Code of Federal Regulations is amended as follows: PART 80—REGULATION OF FUELS AND FUEL ADDITIVES 1. The authority citation for part 80 continues to read as follows: ■ Authority: 42 U.S.C. 7414, 7545 and 7601(a). 2. In § 80.27(a)(2)(ii), the table is amended by: ■ a. Revising the entry for Florida; ■ b. Revising the entry for North Carolina; and ■ c. Adding footnotes 5, 6, and 7. ■ E:\FR\FM\22MYR1.SGM 22MYR1 29369 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations § 80.27 Controls and prohibitions on gasoline volatility. The revisions and additions read as follows: (2) * * * (ii) * * * (a) * * * APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS State * May * * June * Florida ................................................................................... Southeast Florida, Tampa Bay and Jacksonville 5 ............... * * * * * * * August * 9.0 9.0 North Carolina Triad 6 ............................................................................ Triangle 7 ....................................................................... All other volatility nonattainment areas ................................ July * 9.0 9.0 9.0 9.0 * 9.0 9.0 9.0 * September * 9.0 9.0 * 9.0 9.0 7.8 9.0 9.0 7.8 * 9.0 9.0 * 9.0 9.0 7.8 * 9.0 9.0 7.8 * 1 Standards are expressed in pounds per square inch (psi). * * * * * * standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties from June 1 until September 15 in 1992 through 2013 was 7.8 psi. 6 The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until September 15 in 1992 through 2013 was 7.8 psi. 7 The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from June 1 until September 15 in 1992 through 2013 was 7.8 psi. * 5 The * * * * * [FR Doc. 2014–11911 Filed 5–21–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF AGRICULTURE Office of Procurement and Property Management 48 CFR Parts 436 and 452 RIN 0599–AA21 Agriculture Acquisition Regulation, Fire Suspension Suppression and Liability Office of Procurement and Property Management, Department of Agriculture. ACTION: Interim rule. AGENCY: The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) amends the Agriculture Acquisition Regulation (the ‘‘AGAR’’) by adding a new clause entitled ‘‘Fire Suppression and Liability.’’ Section 8205 of the Agricultural Act of 2014 (2014 Act) provided the USDA Forest Service with permanent authority for stewardship end results contracting by adding a new section 604 to the Healthy Forests Restoration Act of 2003. Section 8205 contains a requirement that the agency use a fire liability provision in all stewardship contracts mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:57 May 21, 2014 Jkt 232001 and agreements that is in substantially the same form as the fire liability provisions contained in the integrated resource timber contract in Forest Service contract numbered 2400–13, part H, section H.4. This interim rule establishes a new clause in the AGAR, the USDA supplement to the Federal Acquisition Regulation (FAR), for use in Integrated Resource Service Contracts (IRSC) subject to the FAR. This new AGAR clause addresses fire liability on stewardship contracts as requred in the 2014 Agricultural Act. DATES: This interim rule is effective May 22, 2014. Interested parties should submit written comments on this interim rule, to the Department of Agriculture before June 23, 2014 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified in the subject line as ‘‘48 CFR 436 Interim Rule’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: Procurement.policy@ usda.gov. • Mail: Office of Procurement and Property Management, Procurement Policy Division, MAIL STOP 9306, U.S. Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250–9303. • Hand Delivery/Courier: Procurement Policy Division, Room 262, PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 Reporters’ Building, 300 7th Street SW., Washington, DC 20025. Instructions: All submissions must be identified as ‘‘48 CFR 436 Interim Rule’’ for this rulemaking. Please include your name, company name (if applicable), email address and/or phone number where you can be contacted if additional clarification is required regarding your comment(s). FOR FURTHER INFORMATION CONTACT: Please contact Curt Brown, Office of Procurement and Property Management, by telephone at (202) 720–0840, by email at Curt.Brown@dm.usda.gov, or by mail at OPPM, MAIL STOP 9304—U.S. Department of Agriculture—1400 Independence Avenue SW., Washington, DC 20250–9303. Please cite ‘‘48 CFR 436 (Interim Rule)’’ in all correspondence. Individuals who use telecommunication devices for the deaf may call the Federal Information Relay Service at 800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Daylight Time, Monday through Friday. SUPPLEMENTARY INFORMATION: 1. Background Beginning in 1998 with the enactment of section 347 of the Department of the Interior and Related Agencies Appropriation Act, 1999, the Forest Service has been authorized to carry out Stewardship End Results Contracting Projects; first on a pilot basis and then, through a succession of subsequent E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29362-29369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11911]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2013-0787; FRL-9911-12-OAR]

Approval of States' Requests To Relax the Federal Reid Vapor
Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel
Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina

AGENCY: The Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve requests from Florida and North Carolina for the EPA
to relax the Reid Vapor Pressure (RVP) Standard applicable to gasoline
introduced into commerce from June 1 to September 15 of each year in
six counties in Florida, and in counties in the Raleigh-Durham-Chapel
Hill Area (also referred to as the ``Triangle Area'') and the
Greensboro/Winston-Salem/High Point Area (also referred to as the
``Triad Area'') in North Carolina. Specifically, the EPA is approving
amendments to the regulations to change the RVP standard for six
counties in Florida, and for the counties in the Triangle and Triad
Areas from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline.
Additionally, the EPA is responding to adverse comments received for
this action. The EPA has determined that these changes to the Federal
RVP regulation are consistent with the applicable provisions of the
Clean Air Act (CAA or Act).

DATES: This final rule will become effective on May 30, 2014.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-HQ-OAR-2013-0787. 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 Air Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Rudolph Kapichak, Office of
Transportation and Air Quality, Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-
4574; fax number (734) 214-4052; email address:
kapichak.rudolph@epa.gov.

SUPPLEMENTARY INFORMATION: Organization of this document. The following
outline is provided to aid in locating information in this preamble.

Table of Contents

I. General Information

[[Page 29363]]

II. Actions Being Taken
III. History of Gasoline Volatility Requirement
IV. The EPA's Policy Regarding Relaxation of Volatility Standards in
Ozone Nonattainment Areas That Are Redesignated as Attainment Areas
V. The EPA's Analysis of Florida's Request To Relax the Federal RVP
Requirements in the State
VI. The EPA's Analysis of North Carolina's Requests To Relax the
Federal RVP Requirements in the Triangle and Triad Areas
VII. Response to Comments
VIII. Final Action
IX. Statutory and Executive Order Reviews
X. Legal Authority and Statutory Provisions

Effective date. Section 553(d) of the Administrative Procedure Act
(APA), 5 U.S.C. Chapter 5, generally provides that rules may not take
effect earlier than 30 days after they are published in the Federal
Register. The EPA is issuing this final rule under CAA section
307(d)(1). Section 307(d)(1) states: ``The provisions of section 553
through 557 . . . of Title 5 shall not, except as expressly provided in
this section, apply to actions to which this subsection applies.''
Thus, section 553(d) of the APA does not apply to this rule. EPA is
nevertheless acting consistently with the policies underlying APA
section 553(d) in making this rule effective on May 30, 2014. APA
section 553(d) allows an effective date less than 30 days after
publication for a rule that ``that grants or recognizes an exemption or
relieves a restriction.'' 5 U.S.C. 553(d)(1). This rule fits within
that exception because it lifts the restriction on the introduction
into commerce of gasoline with a RVP of greater than 7.8 psi sold in
areas in Florida and North Carolina between June 1 and September 15 of
each year. Because today's action can be considered to relieve a
restriction that would otherwise prevent the introduction into commerce
of gasoline with a RVP of greater than 7.8 psi, the EPA is making this
action effective on May 30, 2014.

I. General Information

Throughout this document, ``the Agency'' is used to mean the EPA.
Entities potentially affected by this rule are fuel producers and
distributors who do business in Florida and in North Carolina.
Regulated entities include:

------------------------------------------------------------------------
NAICS Codes
Examples of potentially regulated entities \a\
------------------------------------------------------------------------
Petroleum refineries.................................... 324110
Gasoline Marketers and Distributors..................... 424710
424720
Gasoline Retail Stations................................ 447110
Gasoline Transporters................................... 484220
484230
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

This table provides only a guide for readers regarding entities
likely to be regulated by this action. You should carefully examine the
regulations in 40 CFR 80.27 to determine whether your facility is
impacted. If you have further questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT section of this preamble.

II. Actions Being Taken

This final rule approves a request from Florida to change the
summertime RVP standard for Broward, Dade, Duval, Hillsborough, Palm
Beach and Pinellas counties in Florida from 7.8 psi to 9.0 psi by
amending the EPA's regulations at 40 CFR 80.27(a)(2). Additionally,
this final rule approves a request from North Carolina to change the
summertime RVP standard for the Triangle and Triad Areas from 7.8 psi
to 9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). The
Triangle Area is comprised of Durham and Wake Counties, and the
Dutchville Township portion of Granville County. The Triad Area is
comprised of the counties of Davidson, Forsyth and Guilford in their
entirety, and the portion of Davie County bounded by the Yadkin River,
Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to
Yadkin River.
In previous rulemakings, the EPA approved state implementation plan
(SIP) revisions from Florida and North Carolina which provided
technical analyses that demonstrated that removal of the Federal RVP
requirements of 7.8 psi for gasoline sold between June 1 and September
15 of each year in the six counties in Florida, and the North Carolina
Triangle and Triad Areas would not interfere with maintenance of the
national ambient air quality standards (NAAQS) in these areas. For more
information on Florida's SIP revision for the six Florida counties and
the EPA's analysis of Florida's SIP revision refer to the January 6,
2014, final rule at 79 FR 573; on North Carolina's SIP revision for the
Triangle Area refer to the January 2, 2014 final rule at 79 FR 47; and
on North Carolina's SIP revision for the Triad Area refer to the
January 24, 2014 final rule at 79 FR 4082.
As mentioned above, this final rule approves requests from Florida
and North Carolina to change the summertime RVP standard for six
Florida counties, and for the Triangle and Triad Areas from 7.8 psi to
9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). The
preamble for this rulemaking is organized as follows. Section III
provides the history of federal gasoline volatility regulation. Section
IV describes the policy regarding relaxation of volatility standards in
ozone nonattainment areas that are redesignated as attainment areas.
Section V provides information specific to Florida's request for the
six counties currently subject to the 7.8 psi summertime RVP
requirements. Section VI provides information specific to North
Carolina's requests for the counties in the Triangle and Triad Areas
that are currently subject to the 7.8 psi summertime RVP requirements.
Section VII provides EPA's response to the adverse comment received.
Finally, Section VIII presents the final action in response to the
requests from Florida and North Carolina.

III. History of the Gasoline Volatility Requirement

On August 19, 1987 (52 FR 31274), the EPA determined that gasoline
nationwide was becoming increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (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. Under section 211(c)
of the CAA, the EPA promulgated regulations on March 22, 1989 (54 FR
11868) that set maximum limits for the RVP of gasoline sold during the
regulatory control periods that were established on a state-by-state
basis in the final rule. The regulatory control periods addressed the
portion of the year when peak ozone concentrations were expected. 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), the EPA
promulgated more stringent volatility controls as Phase II of the
volatility control program. These requirements established maximum

[[Page 29364]]

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).
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires the 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 the EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
the Agency may impose a lower (more stringent) standard in any former
ozone nonattainment area redesignated to attainment.
On December 12, 1991 (56 FR 64704), the 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), which included the 7.8 psi ozone season limitation for
certain areas. As stated in the preamble to the Phase II volatility
controls and reiterated in the proposed change to the volatility
standards published in 1991, the EPA will rely on states to initiate
changes to the volatility program. The EPA's policy for approving such
changes is described in Section IV of this preamble.
Florida and North Carolina initiated these changes by requesting
that the EPA relax the 7.8 psi RVP standard for counties that are in
ozone maintenance areas. Accordingly, the States revised their original
modeling and maintenance demonstrations for these areas to reflect
continued attainment under the relaxed 9.0 psi RVP standard that the
States have requested. See Section V of this action for information
specific to Florida's request for the six counties currently subject to
the 7.8 psi summertime RVP requirements. See Section VI of this action
for information specific to North Carolina's requests for the counties
in the Triangle and Triad Areas that are currently subject to the 7.8
psi summertime RVP requirements.

IV. The EPA's Policy Regarding Relaxation of Volatility Standards in
Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

As stated in the preamble for the EPA's amended Phase II volatility
standards (56 FR 64706), any change in the volatility standard for a
nonattainment area that was subsequently redesignated as an attainment
area must be accomplished through a separate rulemaking that revises
the applicable standard for that area. Thus, for former 1-hour ozone
nonattainment areas where the EPA mandated a Phase II volatility
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 7.8
psi RVP will remain in effect, even after such an area is redesignated
to attainment, until a separate rulemaking is completed that revises
the RVP standard in that area from 7.8 psi to 9.0 psi.
As explained in the December 12, 1991, rulemaking, the EPA believes
that relaxation of an applicable RVP standard 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 ten years. 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, the EPA will not relax the volatility standard
unless the state requests a relaxation and the maintenance plan
demonstrates, to the satisfaction of the EPA, that the area will
maintain attainment for ten years without the need for the more
stringent volatility standard.

V. The EPA's Analysis of Florida's Request To Relax the Federal RVP
Requirements in the State

On November 6, 1991, the EPA designated and classified 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. See 56 FR
56694 (November 6, 1991). Among the requirements applicable to
nonattainment areas for the 1-hour ozone NAAQS was the requirement to
meet certain RVP standards for gasoline sold commercially during the
high ozone season. See 55 FR 23658 (June 11, 1990). Thus, the RVP
requirements for gasoline sold in these three 1-hour ozone
nonattainment areas was 7.8 psi from June 1 through September 15 of
each year. Subsequently, each area was redesignated to attainment for
the 1-hour ozone NAAQS.\1\ Florida's redesignation requests did not
include a request for relaxation of the gasoline volatility
standard.^{2 3}
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\1\ 60 FR 41, (January 3, 1995); 60 FR 10326 (February 24,
1995); and 60 FR 62748 (December 7, 1995), respectively.
\2\ Effective on June 15, 2004, Broward, Dade, Duval,
Hillsborough, Palm Beach and Pinellas Counties were designated
unclassifiable/attainment for the 1997 8-hour ozone NAAQS. See 69 FR
23857.
\3\ Effective on July 20, 2012, the same counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.
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On August 15, 2013, the State of Florida, through the Florida
Department of Environmental Protection (FDEP), submitted a request for
the EPA to relax the Federal RVP requirement of 7.8 psi in Broward,
Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties in Florida.
The State also submitted a technical analysis which demonstrated that
the less-stringent RVP in these counties would not interfere with
continued maintenance of the 1997 8-hour ozone NAAQS or any other
applicable standard.\4\ Specifically, the State updated the 10-year
maintenance plans that were submitted for the three 1-hour ozone
maintenance areas under section 110(a)(1) of the CAA for the 1997 ozone
NAAQS.\5\ As required, these section 110(a)(1) maintenance plans
provided 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 included components demonstrating how each area will
continue to attain the 1997 8-hour ozone NAAQS, and provided
contingency measures should an area violate the NAAQS. Florida's
previous ozone redesignation requests and maintenance plans for these
areas did

[[Page 29365]]

not remove the 7.8 psi RVP standard. See 75 FR 29671 (May 27, 2010).
---------------------------------------------------------------------------

\4\ 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 (April 30, 2004).
\5\ The EPA has determined that redesignated 1-hour ozone
attainment areas that are designated 8-hour ozone attainment areas
may rely on the section 110(a)(1) maintenance plan for purposes of
requesting relaxation of the more stringent volatility standard. See
73 FR 8202, 8205 (February 13, 2008).
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As mentioned above, on August 15, 2013, FDEP submitted changes to
the three CAA section 110(a)(1) maintenance plans that collectively
cover Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas
Counties in Florida. Florida's August 15, 2013, SIP revision modifies
the existing section 110(a)(1) maintenance plans to account for a less
stringent applicable RVP gasoline requirement of 9.0 psi for these
areas. Specifically, Florida's August 15, 2013, SIP revision included
an evaluation of the impact that the removal of the 7.8 psi RVP
requirement would have on maintenance of the 1997 and 2008 ozone
standards, and on other applicable NAAQS. The EPA evaluated Florida's
August 15, 2013, SIP revision in a previous rulemaking that was subject
to public notice-and-comment and no comments were received. The EPA
approved Florida's August 15, 2013, SIP revision on January 6, 2014.
See 79 FR 573. In this final action, based on the previous approval of
Florida's August 15, 2013, SIP revision, and the fact that the areas
are currently attaining all ozone NAAQS, the EPA is approving Florida's
request to relax the high ozone season RVP standard for Broward, Dade,
Duval, Hillsborough, Palm Beach and Pinellas counties from 7.8 psi to
9.0 psi.

VI. The EPA's Analysis of North Carolina's Requests To Relax the
Federal RVP Requirements in the Triangle and Triad Areas

The following two sections provide the EPA's analysis of North
Carolina's requests to relax the Federal RVP requirements in the
Triangle and Triad Areas.

A. The EPA's Analysis of North Carolina's Requests To Relax the Federal
RVP Requirement in the Triangle Area

On November 6, 1991, the EPA designated and classified Durham and
Wake Counties, and the Dutchville Township portion of Granville County
(also known as the Triangle Area at the time) as a Moderate
nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Among the requirements applicable to nonattainment
areas for the 1-hour ozone NAAQS was the requirement to meet certain
RVP standards for gasoline sold commercially during the high ozone
season. See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for
gasoline sold in the Triangle Area was 7.8 psi from June 1 through
September 15 of each year. On April 18, 1994, the Triangle Area was
redesignated to attainment for the 1-hour ozone standard. See 59 FR
18300. North Carolina's redesignation request for the Triangle Area did
not include a request for relaxation of the gasoline volatility
standard.^{6 7 8}
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\6\ Effective on June 15, 2004, the nonattainment area for the
Triangle Area for the 1997 ozone NAAQS was expanded from Durham and
Wake Counties, and the Dutchville Township portion of Granville
County, to also include Franklin, Johnston, Orange, and Person
Counties, and the remainder of Granville County and Baldwin, Center,
New Hope and Williams Townships in Chatham County. See 69 FR 23857.
\7\ On December 26, 2007 the Triangle Area was redesignated to
attainment for the 1997 8-hour ozone NAAQS. See 72 FR 72948.
\8\ Effective on July 20, 2012, the same counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.
---------------------------------------------------------------------------

On March 27, 2013, the State of North Carolina, through the North
Carolina Department of Environment and Natural Resources (NC DENR),
submitted a request for the EPA to relax the Federal RVP requirement of
7.8 psi in Wake and Durham Counties, and the Dutchville Township
portion of Granville County that was originally included in the 1-hour
ozone nonattainment area. The State also submitted a technical analysis
that demonstrated that the less-stringent RVP in these counties would
not interfere with continued maintenance of the 1997 8-hour ozone NAAQS
or any other applicable standard. Specifically, the State updated the
10-year maintenance plan that was submitted for the Triangle 1997 8-
hour ozone maintenance area under section 175A of the CAA. As required,
this section 175A maintenance plan provided for continued attainment
and maintenance of the 1997 8-hour ozone NAAQS for at least 10 years
from the EPA's redesignation of the area from nonattainment to
attainment for the 1997 8-hour ozone NAAQS. This plan also included
components demonstrating how the area will continue to attain the 1997
8-hour ozone NAAQS, and provided contingency measures should the area
violate the NAAQS. North Carolina's previous ozone redesignation
requests and maintenance plans for this area did not remove the 7.8 psi
RVP standard. See 72 FR 72948 (December 26, 2007).
As mentioned above, on March 27, 2013, NC DENR submitted changes to
the section 175A maintenance plan for the Triangle Area. North
Carolina's March 27, 2013, SIP revision modifies the existing section
175A maintenance plan to account for a less stringent applicable RVP
gasoline requirement of 9.0 psi for the Triangle Area. Specifically,
North Carolina's March 27, 2013, SIP revision included an evaluation of
the impact that the removal of the 7.8 psi RVP requirement would have
on maintenance of the 1997 and 2008 ozone standards, and on other
applicable NAAQS. The EPA evaluated North Carolina's March 27, 2013,
SIP revision in a previous rulemaking that was subject to public
notice-and-comment. No adverse comments and one supportive comment were
received on that proposed action. The EPA approved North Carolina's
March 27, 2013, SIP revision on January 2, 2014. See 79 FR 47. In this
action, based on the EPA's previous approval of North Carolina's March
27, 2013, SIP revision, and the fact that the Triangle Area is
currently attaining all ozone NAAQS, the EPA is approving North
Carolina's request to relax the RVP standard for Wake and Durham
Counties, and a portion of Granville County in North Carolina from 7.8
psi to 9.0 psi from June 1 through September 15 of each year.

B. The EPA's Analysis of North Carolina's Requests To Relax the Federal
RVP Requirement in the Triad Area

On November 6, 1991, the EPA designated Davidson, Forsyth and
Guilford counties in their entirety and the portion of Davie County
bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway
801, Fulton Creek and back to Yadkin River in the Triad Area as a
Moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Among the requirements applicable to nonattainment
areas for the 1-hour ozone NAAQS was the requirement to meet certain
RVP standards for gasoline sold commercially during the ozone season.
See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for gasoline
sold in the Triad Area was 7.8 psi from June 1 through September 15 of
each year. On April 18, 1994, the Triad Area was redesignated to
attainment for the 1-hour ozone standard. See 59 FR 18300. North
Carolina's redesignation request for the Triad Area did not include a
request for the relaxation of the gasoline volatility
standard.^{9 10 11 12}
---------------------------------------------------------------------------

\9\ Effective June 15, 2004 for the 1997 ozone NAAQS, the Triad
Area was designated as nonattainment with a deferred effective date
as part of the Early Action Compact (EAC) program. As part of this
action the Triad Area was expanded to include the entire county of
Davie, and Alamance, Caswell, Randolph, and Rockingham Counties in
their entirety. See 69 FR 23857.
\10\ For more information on the EAC program, see https://www.epa.gov/airquality/eac/fs20080331_eac.html.
\11\ The Triad Area attained the 1997 ozone NAAQS and on
February 2, 2008, the EPA finalized an action for 13 nonattainment
areas with deferred effective dates, including the Triad Area,
designating these areas attainment for the 1997 8-hour ozone NAAQS.
However, as a former 1-hour ozone maintenance area the Triad Area
was required to submit a 10-year maintenance plan under section
110(a)(1) of the CAA. See 73 FR 17897.
\12\ Effective July 20, 2012, the Triad Area counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.

---------------------------------------------------------------------------

[[Page 29366]]

On April 12, 2013, the State of North Carolina, through NC DENR,
submitted a request for the EPA to relax the Federal RVP requirement of
7.8 psi in Davidson, Forsyth and Guilford Counties and the relevant
portion of Davie County. The State also submitted a technical analysis
which demonstrated that the less-stringent RVP in the aforementioned
counties would not interfere with continued maintenance of the 1997 8-
hour ozone NAAQS or any other applicable standard. Specifically, the
State updated the 10-year maintenance plan that was submitted for the
Triad 1-hour ozone maintenance area under section 110(a)(1) of the CAA
for the 1997 ozone NAAQS.\13\ As required, this section 110(a)(1)
maintenance plan provided for continued attainment and maintenance of
the 1997 8-hour ozone NAAQS for at least 10 years from the effective
date of the area's designation as attainment for the 1997 8-hour ozone
NAAQS. This plan also included components demonstrating how the area
will continue to attain the 1997 8-hour ozone NAAQS, and provided
contingency measures should the area violate the NAAQS. North
Carolina's previous ozone redesignation request and maintenance plan
for this area did not remove the 7.8 psi RVP standard. See 77 FR 3611
(January 25, 2012).
---------------------------------------------------------------------------

\13\ The EPA has determined that redesignated 1-hour ozone
attainment areas that are designated 8-hour ozone attainment areas
may rely on the section 110(a)(1) maintenance plan for purposes of
requesting relaxation of the more stringent volatility standard. 73
FR 8202, 8205 (February 13, 2008).
---------------------------------------------------------------------------

As mentioned above, on April 12, 2013, NC DENR submitted changes to
the section 110(a)(1) maintenance plan for the Triad Area. North
Carolina's April 12, 2013, SIP revision modifies the existing section
110(a)(1) maintenance plan to account for a less stringent applicable
RVP gasoline requirement of 9.0 psi for the area. Specifically, North
Carolina's April 12, 2013, SIP revision included an evaluation of the
impact that the removal of the 7.8 psi RVP requirement would have on
maintenance of the 1997 and 2008 ozone standards, and on other
applicable NAAQS. The EPA evaluated North Carolina's April 12, 2013,
SIP revision in a previous rulemaking that was subject to public
notice-and-comment. No adverse comments and one supportive comment were
received on that proposed action. The EPA approved North Carolina's
April 12, 2013, SIP revision on January 24, 2014. See 79 FR 4082. In
this action, based on the previous approval of North Carolina's April
12, 2013, SIP revision, and the fact that the Triad Area is currently
attaining all ozone NAAQS, the EPA is approving North Carolina's
request to relax the high ozone season RVP standard for Davidson,
Forsyth and Guilford Counties and a portion of Davie County from 7.8
psi to 9.0 psi.

VII. Response to Comments

On March 31, 2014 (79 FR 17889), the EPA published a direct final
rule to approve requests from Florida and North Carolina for the EPA to
relax the RVP standard in six counties in Florida and in the Triangle
Area and Triad Area in North Carolina. The EPA published a parallel
proposal in the event that adverse comments were received such that the
direct final rule would need to be withdrawn. Specifically, in the
direct final rule, the EPA stated that if adverse comments were
received by April 30, 2014, the direct final rule would be withdrawn
and not take effect. The EPA further stated that the corresponding
proposed rule would remain in effect and that any adverse comments
received would be responded to in a subsequent final rule provided the
EPA was able to address such comments.\14\ On March 29, 2014, EPA
received comments on the rulemaking. Although, for the reasons
discussed below, these comments are outside of the scope of today's
action, the EPA viewed these comments as adverse. Therefore, the EPA
has withdrawn the direct final rule in a separate Federal Register
notice and is providing a summary of comments received and the EPA's
responses to the comments in today's action.
---------------------------------------------------------------------------

\14\ The EPA also noted that an additional public comment period
would not be instituted for the action.
---------------------------------------------------------------------------

Comments: The commenter stated ``EPA must disapprove this proposal
because EPA has failed to conduct a Clean Air Act 110(l) analysis of
the impacts the increased emissions will have on the 2008 ozone NAAQS.
In addition, EPA would need to reconsider its analysis for Florida and
North Carolina's CAA 110(a)(2)(D)(i) for the 1997 ozone NAAQS and
consider this rule rollback for 110(a)(2)(D)(i) for the 2008 ozone
NAAQS. This includes impacts in downwind nonattainment areas.
Furthermore, ozone monitors in Forsyth and Guildford Counties have
2010-2012 design values above the 2008 ozone NAAQS.''
Response: The EPA disagrees with the commenter's assertions that
EPA should disapprove the proposal, and generally believes these
comments are beyond the scope of today's action. Section 110(l) of the
Clean Air Act applies to revisions to a state implementation plan
submitted by a State. However, this rulemaking does not approve any SIP
revisions. Rather, it revises federal regulations (40 CFR Part 80)
applicable to gasoline introduced into commerce in certain areas.
Moreover, contrary to the commenter's claims, EPA did evaluate the
impacts of change to the summertime RVP (consistent with CAA section
110(l)) in relation to the States' requests for the EPA to relax the
RVP requirements for six counties in Florida and for the Triad and
Triangle Areas in North Carolina. The EPA's analyses in relation to the
States' requests for the EPA to relax the RVP requirement in the
aforementioned areas were included in previous rulemakings (see 79 FR
47 (January 2, 2014), 79 FR 573 (January 6, 2014), and 79 FR 4082
(January 24, 2014)) through which the EPA approved Florida and North
Carolina's SIP revisions that address these changes. The EPA's analyses
(which also included evaluation of impacts to the 2008 8-hour ozone
standard in addition to other applicable requirements of the CAA) for
each area were subject to a 30-day public notice-and-comment, and no
adverse comments were received on any of the proposed actions. The
opportunity for the commenter to express concerns regarding the
requirements of Section 110(l), and the EPA's analyses of whether the
change to the Federal RVP requirements for the six counties in Florida
and for the Triangle and the Triad areas would interfere with
attainment or maintenance of the NAAQS was during the EPA's previous
rulemakings where the EPA specifically solicited comment on this. The
notices for this rulemaking did not reopen any of those actions.
With regard to the commenter's assertion that ``. . . ozone
monitors in Forsyth and Guildford Counties have 2010-2012 design values
above the 2008 ozone NAAQS,'' we note (as included in the EPA's
rulemaking for the Triad area (79 FR 4082)) that based on the 2011-2013
design values, the ozone monitors in Forsyth and Guilford Counties were
not above the 2008 8-hour ozone NAAQS.
The commenter also mentions that ``EPA would need to reconsider its
analysis for Florida and North Carolina's CAA 110(a)(2)(D)(i) for the

[[Page 29367]]

1997 ozone NAAQS and consider this rule rollback for 110(a)(2)(D)(i)
for the 2008 ozone NAAQS.'' This comment is not directly relevant to
this action as the comment does not address whether or not the EPA
should finalize the proposed action, but instead identifies additional
actions the commenter believes the EPA would need to take if this
action is finalized. Also, the comment does not clearly identify any
specific analysis that should be reconsidered by the EPA. The EPA is
currently working on a proposed rule to quantify state obligations with
respect to section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS and will
be accepting public comment on all aspects of that proposal. The EPA
has not recently acted on SIP submissions addressing the requirements
of section 110(a)(2)(D)(i) with respect to the 1997 ozone NAAQS for
either Florida or North Carolina.\15\
---------------------------------------------------------------------------

\15\ Florida and North Carolina both submitted SIPs intended to
address the requirements of 110(a)(2)(D)(i)(I) through participation
in the CAIR trading programs. These SIP submissions were approved by
EPA. See 72 FR 58016 (October 12, 2007) (Florida), 72 FR 56914
(October 5, 2007) (North Carolina). The D.C. Circuit, however,
subsequently remanded CAIR, finding that participation in the CAIR
trading programs could not be said to satisfy states'
110(a)(2)(D)(i)(I) obligations. In response to the remand of CAIR,
the EPA has finalized a new rule to address the interstate transport
of NOX and SO2 in the eastern United States.
See 76 FR 48208 (August 8, 2011) (``the Cross-State Air Pollution
Rule'' or CSAPR). This rule was vacated by the D.C. Circuit in 2012.
EME Homer City Generation L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012),
cert. granted 133 S.Ct. 2857 (2013) On April 29, 2014 the Supreme
Court reversed the judgment of the U.S. Court of Appeals for the
D.C. Circuit and remanded the case for further proceedings. (EPA et
al. v. EME Homer City Generation L.P., et al., Slip Op.No. 12-1182,
S. Ct. 2013, April 29, 2014)
.
---------------------------------------------------------------------------

VIII. Final Action

The EPA is taking final action to approve requests from Florida and
North Carolina for the EPA to relax the RVP applicable to gasoline
introduced into commerce from June 1 to September 15 of each year in
six counties in Florida, and in the counties of the Triangle and Triad
Areas in North Carolina. Specifically, this action amends the
applicable RVP standard from 7.8 psi to 9.0 psi provided at 40 CFR
80.27(a)(2) for Broward, Dade, Duval, Hillsborough, Palm Beach and
Pinellas counties in Florida; Wake and Durham Counties, and a portion
of Dutchville Township in Granville County in the Triangle Area in
North Carolina; and Davidson, Forsyth and Guilford Counties and a
portion of Davie County in the Triad Area.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

As of January 24, 2014, the Office of Management and Budget (OMB),
determined that this action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are refiners, importers
or blenders of gasoline that choose to produce or import low RVP
gasoline for sale in the Florida and North Carolina areas and gasoline
distributors and retail stations in those areas.
This action will relax the Federal RVP standard for gasoline sold
in portions of Florida and North Carolina, during the ozone control
season (June 1 to September 15), from 7.8 psi to 9.0 psi, and is
therefore expected not to have a significant economic impact on a
substantial number of small entities. The rule does not impose any
requirements or create impacts on small entities beyond those, if any,
already required by or resulting from the CAA Section 211(h) Volatility
Control program.

D. Unfunded Mandates Reform Act

This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Today's final rule affects portions of Florida and North Carolina of
which the EPA estimates lower fuel costs as a result of this action,
therefore reducing cost on businesses and consumers. Thus, this rule is
not subject to the requirements of sections 202 and 205 of the UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. As discussed above,
the rule relaxes an existing standard and affects only the gasoline
industry.

E. Executive Order 13132 (Federalism)

This action does not have federalism implications. It will 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. Thus, Executive Order 13132 does
not apply to this rule.

F. Executive Order 13175

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This action does
not have tribal implications, as specified in Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this

[[Page 29368]]

action present a disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs the EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule will relax the applicable volatility standard of
gasoline during the summer possibly resulting in slightly higher mobile
source emissions. However, Florida and North Carolina have demonstrated
in maintenance plans that this action will not interfere with
attainment of the 8-hour ozone NAAQS and therefore disproportionately
high and adverse human health or environmental effects on minority or
low-income populations are not an anticipated result.

K. Congressional Review Act

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. The 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). This rule will be effective on May 30, 2014.

L. Petitions for Judicial Review

Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final actions by the EPA.
This section provides, in part, that petitions for review must be filed
in the Court of Appeals for the District of Columbia Circuit: (i) when
the agency action consists of ``nationally applicable regulations
promulgated, or final actions taken, by the Administrator,'' or (ii)
when such action is locally or regionally applicable, if ``such action
is based on a determination of nationwide scope or effect and if in
taking such action the Administrator finds and publishes that such
action is based on such a determination.''
This rule is ``nationally applicable'' within the meaning of
section 307(b)(1). This rule establishes RVP requirements for multiple
counties in different States. At the core of this rulemaking is the
EPA's interpretation of the requirements of section 211(h) of the CAA,
and its application of that interpretation to different areas of the
country.
For the same reasons, the Administrator also is determining that
this action is of nationwide scope and effect for the purposes of
section 307(b)(1). This is particularly appropriate because, in the
report on the 1977 Amendments that revised section 307(b)(1) of the
CAA, Congress noted that the Administrator's determination that an
action is of ``nationwide scope or effect'' would be appropriate for
any action that has a scope or effect beyond a single judicial circuit.
H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-
03. Here, the scope and effect of this rulemaking extends to two
different judicial circuits. In these circumstances, section 307(b)(1)
and its legislative history calls for the Administrator to find the
rule to be of ``nationwide scope or effect'' and for venue to be in the
D.C. Circuit.
Thus, any petitions for review of final designations must be filed
in the Court of Appeals for the District of Columbia Circuit within 60
days from the date final action is published in the Federal Register.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. See section
307(b)(2).

X. Legal Authority and Statutory Provisions

Authority for this final action is in sections 211(h) and 301(a) of
the CAA, 42 U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.

Dated: May 15, 2014.
Gina McCarthy,
Administrator.
Title 40, chapter I, part 80 of the Code of Federal Regulations is
amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7545 and 7601(a).

0
2. In Sec. 80.27(a)(2)(ii), the table is amended by:
0
a. Revising the entry for Florida;
0
b. Revising the entry for North Carolina; and
0
c. Adding footnotes 5, 6, and 7.

[[Page 29369]]

The revisions and additions read as follows:

Sec. 80.27 Controls and prohibitions on gasoline volatility.

(a) * * *
(2) * * *
(ii) * * *

Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
State May June July August September
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Florida......................... 9.0 9.0 9.0 9.0 9.0
Southeast Florida, Tampa Bay and 9.0 9.0 9.0 9.0 9.0
Jacksonville \5\...............
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
North Carolina
Triad \6\................... 9.0 9.0 9.0 9.0 9.0
Triangle \7\................ 9.0 9.0 9.0 9.0 9.0
All other volatility 9.0 7.8 7.8 7.8 7.8
nonattainment areas............
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
* * * * * * *
\5\ The standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties from June 1 until
September 15 in 1992 through 2013 was 7.8 psi.
\6\ The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until
September 15 in 1992 through 2013 was 7.8 psi.
\7\ The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from
June 1 until September 15 in 1992 through 2013 was 7.8 psi.

* * * * *
[FR Doc. 2014-11911 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P

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