Approval and Promulgation of Implementation Plans; Florida; Combs Oil Company Variance, 42763-42765 [2015-17736]
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules
Expansion of the current restricted
area complex supports an increase in
both Marine Corps and Naval aviation
and ground training requirements. In
addition, the expansion would allow
critically required co-use of R–2507W in
order to meet those increased training
requirements.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore, this proposed regulation: (1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subjected to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures,″ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
115°23′17″ W.; to latitude 33°13′58″ N.,
longitude 115°24′26″ W.; to latitude
33°14′22″ N., longitude 115°25′29″ W.;
to latitude 33°15′40″ N., longitude
115°27′36″ W.; to latitude 33°17′28″ N.,
longitude 115°29′42″ W.; to latitude
33°19′17″ N., longitude 115°32′13″ W.;
to latitude 33°21′11″ N., longitude
115°34′39″ W.; to latitude 33°22′58″ N.,
longitude 115°38′19″ W.; to latitude
33°27′26″ N., longitude 115°43′30″ W.;
to latitude 33°29′25″ N., longitude
115°46′08″ W.; to latitude 33°31′09″ N.,
longitude 115°41′12″ W.; to latitude
33°32′50″ N., longitude 115°37′37″ W.;
to latitude 33°32′40″ N., longitude
115°33′53″ W.; to latitude 33°28′30″ N.,
longitude 115°42′13″ W.; to latitude
33°23′40″ N., longitude 115°33′23″ W.;
to latitude 33°21′30″ N., longitude
115°32′58″ W.; to the point of beginning.
Designated altitudes. Surface to FL
230.
Time of designation. Continuous.
Controlling agency. FAA, Los Angeles
Air Route Traffic Control Center
(ARTCC).
Using agency. USMC, Commanding
Officer, Marine Corps Air Station
(MCAS) Yuma, AZ.
Issued in Washington, DC, on July 14,
2015.
Gary Norek,
Manager, Airspace Policy and Regulations
Group.
[FR Doc. 2015–17702 Filed 7–17–15; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
The Proposed Amendment
[EPA–R06–OAR–2015–0027; FRL–9930–78–
Region–6]
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 73 as
follows:
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Low Reid Vapor Pressure Fuel
Regulations
PART 73—SPECIAL USE AIRSPACE
AGENCY:
1. The authority citation for part 73
continues to read as follows:
■
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Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 73.25
■
*
California (Amended)
2. § 73.25 is amended as follows:
*
*
*
*
R–2507W West Chocolate Mountains,
CA [New]
Boundaries. Beginning at latitude
33°14′00″ N., longitude 115°22′33″ W.;
to latitude 33°13′14″ N., longitude
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Texas State
Implementation Plan (SIP) related to
Low Reid Vapor Pressure (RVP) Fuel
Regulations that were submitted by the
State of Texas on January 5, 2015. The
EPA evaluated the Texas SIP submittal
and determined these revisions are
consistent with the requirements of the
Clean Air Act (Act or CAA). The EPA
is approving this action under the
federal CAA.
SUMMARY:
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42763
Written comments should be
received on or before August 19, 2015.
ADDRESSES: Comments may be mailed to
Ms. Mary Stanton, Chief, Air Grants
Section (6PD–S), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT:
Tracie Donaldson, (214) 665–6633,
Donaldson.tracie@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
DATES:
Dated: July 7, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–17742 Filed 7–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0133; FRL–9930–86–
Region 4]
Approval and Promulgation of
Implementation Plans; Florida; Combs
Oil Company Variance
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the State Implementation
Plan (SIP) submitted by the State of
Florida through the Department of
Environmental Protection (DEP) on July
SUMMARY:
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42764
Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules
31, 2009. The revision grants a variance
to the Combs Oil Company, located in
Naples, Florida. This source specific
revision relieves the Combs Oil
Company of the requirement to comply
with the Florida rule governing
installation and operation of vapor
collection and control systems on
loading racks at bulk gasoline plants.
EPA is proposing approval of Florida’s
July 31, 2009, SIP revision.
DATES: Written comments must be
received on or before August 19, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0133, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0133,’’ Air Regulatory Management
Section (formerly Regulatory
Development Section), Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2015–
0133. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
VerDate Sep<11>2014
16:10 Jul 17, 2015
Jkt 235001
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Florida Rule 62–296.418 requires
bulk gasoline plants which began
operation on or after August 1, 2007, to
install and operate vapor collection and
control systems on their loading racks.
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The rule became effective on May 9,
2007, and was submitted to EPA as a
proposed SIP revision on May 31, 2007.
EPA approved the SIP revision on June
1, 2009 (74 FR 26103).
On May 30, 2007, Combs Oil
Company submitted a petition for
variance from the requirements of Rule
62–296.418(2)(b)2, Florida
Administrative Code (F.A.C.), for its
new bulk gasoline plant. The company
operates an existing bulk gasoline plant
in Naples, Florida. The new plant
would replace the existing plant and be
constructed at a different site in the
area. However, between July 2005 and
January 2007, the company experienced
substantial construction delays beyond
its control due to the effects of
hurricanes, both in Florida and along
the upper Gulf Coast. The company
experienced delays in obtaining steel for
the office and loading/tank areas as well
as the rationing of steel rebar and
concrete supplies. Combs Oil Company
had invested $67,053 in equipment and
$40,235 in construction costs for the
support structure of the loading rack
prior to the DEP’s initiation of rule 62–
296.418(2)(b)2, requiring a vapor
collection and control system on the
loading racks of new bulk gasoline
plants. However, the company was
unable to complete construction and
relocation of its plant by August 1, 2007,
due to the aforementioned construction
delays.
Under Section 120.542 of the Florida
Statutes, the DEP may grant a variance
when the person subject to a rule
demonstrates that the purpose of the
underlying statute will be or has been
achieved by other means, or when
application of a rule would create a
substantial hardship or violate
principles of fairness. The DEP
determined that Combs Oil Company
had demonstrated that principles of
fairness would be violated because the
delays in building and relocating to the
new facility, related to hurricanes, were
beyond the control of the company.
Therefore, the DEP issued an Order
Granting Variance to Combs Oil
Company on August 20, 2008, relieving
the company from the requirements of
Rule 62–296.418(2)(b)2., F.A.C., for its
proposed new facility.
II. Analysis of State Submittal
Section 110(l) of the CAA requires
that SIP revisions must not interfere
with any applicable requirement
concerning attainment and reasonable
further progress. Like the facility it is
replacing, the new Combs Oil facility is
located in Collier County in Southwest
Florida. Collier County has never been
designated nonattainment for any air
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Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules
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pollutant and, thus, is not subject to any
reasonable further progress
requirements. Air quality monitoring is
currently available in the county for
ozone. A comparison of the Collier
County data in relation to the National
Ambient Air Quality Standards for
ozone is indicating that value is well
within the compliance level. The ozone
design value for 2011–2013 in Collier
County is 0.060 parts per million (ppm).
The proposed SIP revision involves
emissions of volatile organic
compounds (VOC), a precursor to ozone.
For fine particulate matter (PM2.5),
County-level nitrogen oxide, volatile
organic compound and ammonia
emissions were not considered because
ambient PM2.5 concentrations in the
southeastern U.S. tend to be impacted
most significantly by emissions of direct
PM2.5 emissions and SO2 emissions. As
a result of the time involved in the
chemical and physical transformations
of the precursor emissions, the primary
impact of the source cannot be
explicitly determined but can be
evaluated in terms of its addition to the
county and regional emissions from all
sources in this area.
The proposed source is currently
operating in the county and is simply
moving a relatively short distance (1.6
miles) within the same general area.
Emissions of VOC from gasoline
operations at the relocated source are
estimated to be the same as VOC
emissions at the existing facility, even
when the increased storage capacity at
the new location is considered.
Specifically, VOC emissions are
estimated to be less than 3 tons per
year—minor in comparison to the
county total of 31,816 tons per year.
Since ozone concentration levels are
currently well below the ambient air
quality standard of 0.075 ppm, and
emissions of VOC will not increase as a
result of the relocation of this source,
EPA has preliminary determined that
the variance will not interfere with the
area’s ability to continue to maintain the
ozone standards. Thus, EPA has
preliminarily determined that the
changes are consistent with the Clean
Air Act (CAA or Act).
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule, regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the ‘‘Combs Oil Company Source
Specific Variance’’ order granting
variance on August 20, 2008. EPA has
made, and will continue to make, these
documents generally available
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electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
IV. Final Action
EPA is proposing to approve a source
specific SIP revision submitted by the
Florida DEP on July 31, 2009. The
revision grants a variance to the Combs
Oil Company, located in Naples,
Florida. This source specific revision
relieves the Combs Oil Company of the
requirement to comply with the Florida
rule governing installation and
operation of vapor collection and
control systems on loading racks at bulk
gasoline plants. It should be noted that
approval of the variance for Combs Oil
Company only relieves them from the
requirements of Rule 62–296.418(2)(b)2
F.A.C., for its new bulk gasoline plant,
it does not relieve them from any
requirements established in 40 CFR
parts 60 and 63.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves a state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
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42765
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Nitrogen dioxide, Particulate
Matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015–17736 Filed 7–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0185; FRL–9930–87–
Region 4]
Approval and Promulgation of
Implementation Plans; Alabama;
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
in part, and disapprove, the November
4, 2011, State Implementation Plan (SIP)
submission, provided by the Alabama
SUMMARY:
E:\FR\FM\20JYP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42763-42765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17736]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0133; FRL-9930-86-Region 4]
Approval and Promulgation of Implementation Plans; Florida; Combs
Oil Company Variance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the State Implementation Plan (SIP) submitted by
the State of Florida through the Department of Environmental Protection
(DEP) on July
[[Page 42764]]
31, 2009. The revision grants a variance to the Combs Oil Company,
located in Naples, Florida. This source specific revision relieves the
Combs Oil Company of the requirement to comply with the Florida rule
governing installation and operation of vapor collection and control
systems on loading racks at bulk gasoline plants. EPA is proposing
approval of Florida's July 31, 2009, SIP revision.
DATES: Written comments must be received on or before August 19, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0133, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0133,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0133. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be
reached via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Florida Rule 62-296.418 requires bulk gasoline plants which
began operation on or after August 1, 2007, to install and operate
vapor collection and control systems on their loading racks. The rule
became effective on May 9, 2007, and was submitted to EPA as a proposed
SIP revision on May 31, 2007. EPA approved the SIP revision on June 1,
2009 (74 FR 26103).
On May 30, 2007, Combs Oil Company submitted a petition for
variance from the requirements of Rule 62-296.418(2)(b)2, Florida
Administrative Code (F.A.C.), for its new bulk gasoline plant. The
company operates an existing bulk gasoline plant in Naples, Florida.
The new plant would replace the existing plant and be constructed at a
different site in the area. However, between July 2005 and January
2007, the company experienced substantial construction delays beyond
its control due to the effects of hurricanes, both in Florida and along
the upper Gulf Coast. The company experienced delays in obtaining steel
for the office and loading/tank areas as well as the rationing of steel
rebar and concrete supplies. Combs Oil Company had invested $67,053 in
equipment and $40,235 in construction costs for the support structure
of the loading rack prior to the DEP's initiation of rule 62-
296.418(2)(b)2, requiring a vapor collection and control system on the
loading racks of new bulk gasoline plants. However, the company was
unable to complete construction and relocation of its plant by August
1, 2007, due to the aforementioned construction delays.
Under Section 120.542 of the Florida Statutes, the DEP may grant a
variance when the person subject to a rule demonstrates that the
purpose of the underlying statute will be or has been achieved by other
means, or when application of a rule would create a substantial
hardship or violate principles of fairness. The DEP determined that
Combs Oil Company had demonstrated that principles of fairness would be
violated because the delays in building and relocating to the new
facility, related to hurricanes, were beyond the control of the
company. Therefore, the DEP issued an Order Granting Variance to Combs
Oil Company on August 20, 2008, relieving the company from the
requirements of Rule 62-296.418(2)(b)2., F.A.C., for its proposed new
facility.
II. Analysis of State Submittal
Section 110(l) of the CAA requires that SIP revisions must not
interfere with any applicable requirement concerning attainment and
reasonable further progress. Like the facility it is replacing, the new
Combs Oil facility is located in Collier County in Southwest Florida.
Collier County has never been designated nonattainment for any air
[[Page 42765]]
pollutant and, thus, is not subject to any reasonable further progress
requirements. Air quality monitoring is currently available in the
county for ozone. A comparison of the Collier County data in relation
to the National Ambient Air Quality Standards for ozone is indicating
that value is well within the compliance level. The ozone design value
for 2011-2013 in Collier County is 0.060 parts per million (ppm).
The proposed SIP revision involves emissions of volatile organic
compounds (VOC), a precursor to ozone. For fine particulate matter
(PM2.5), County-level nitrogen oxide, volatile organic
compound and ammonia emissions were not considered because ambient
PM2.5 concentrations in the southeastern U.S. tend to be
impacted most significantly by emissions of direct PM2.5
emissions and SO2 emissions. As a result of the time
involved in the chemical and physical transformations of the precursor
emissions, the primary impact of the source cannot be explicitly
determined but can be evaluated in terms of its addition to the county
and regional emissions from all sources in this area.
The proposed source is currently operating in the county and is
simply moving a relatively short distance (1.6 miles) within the same
general area. Emissions of VOC from gasoline operations at the
relocated source are estimated to be the same as VOC emissions at the
existing facility, even when the increased storage capacity at the new
location is considered. Specifically, VOC emissions are estimated to be
less than 3 tons per year--minor in comparison to the county total of
31,816 tons per year. Since ozone concentration levels are currently
well below the ambient air quality standard of 0.075 ppm, and emissions
of VOC will not increase as a result of the relocation of this source,
EPA has preliminary determined that the variance will not interfere
with the area's ability to continue to maintain the ozone standards.
Thus, EPA has preliminarily determined that the changes are consistent
with the Clean Air Act (CAA or Act).
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the ``Combs Oil Company Source Specific Variance'' order
granting variance on August 20, 2008. EPA has made, and will continue
to make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Final Action
EPA is proposing to approve a source specific SIP revision
submitted by the Florida DEP on July 31, 2009. The revision grants a
variance to the Combs Oil Company, located in Naples, Florida. This
source specific revision relieves the Combs Oil Company of the
requirement to comply with the Florida rule governing installation and
operation of vapor collection and control systems on loading racks at
bulk gasoline plants. It should be noted that approval of the variance
for Combs Oil Company only relieves them from the requirements of Rule
62-296.418(2)(b)2 F.A.C., for its new bulk gasoline plant, it does not
relieve them from any requirements established in 40 CFR parts 60 and
63.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves a state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Nitrogen dioxide,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17736 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P
