Approval and Promulgation of Implementation Plans; Florida; Miscellaneous Changes, 48259-48262 [2015-19721]
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
Subpart PP—South Carolina
4. Section 52.2120(e), is amended by
adding a new entry for ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 Ozone NAAQS’’ at the end of the
table to read as follows:
§ 52.2120
*
48259
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
Provision
State effective
date
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2008
Ozone NAAQS.
7/17/2012
[FR Doc. 2015–19840 Filed 8–11–15; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0336; FRL–9932–25–
Region 4]
Approval and Promulgation of
Implementation Plans; Florida;
Miscellaneous Changes
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revision
submitted by the State of Florida
through the Florida Department of
Environmental Protection (FDEP) on
May 1, 2015. This SIP revision seeks to
make changes to the SIP to remove
certain Stage I vapor control
requirements and to make
administrative changes to the SIP that
would remove gasoline vapor control
rules that no longer serve a regulatory
purpose, including rules related to the
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in Broward, Miami-Dade, and
Palm Beach Counties (hereinafter
referred to as the ‘‘Southeast Florida
Area’’). EPA has determined that
Florida’s May 1, 2015, SIP revision is
approvable because it is consistent with
the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
October 13, 2015 without further notice,
unless EPA receives adverse comment
by September 11, 2015. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
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SUMMARY:
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EPA approval date
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8/12/2015 [Insert citation of
publication].
Explanation
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Addressing the visibility requirements of 110(a)(2)(J) only.
OAR–2015–0336, 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–
0336,’’ Air Regulatory Management
Section (formerly Regulatory
Development Section), Air Planning and
Implementation Branch (formerly Air
Planning Branch), Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
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–
0336’’ 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
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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
may not be 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:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Sheckler’s phone number is (404) 562–
9222. She can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On November 6, 1991, EPA
designated and classified the Southeast
Florida Area as a moderate ozone
nonattainment area for the 1-hour ozone
national ambient air quality standards
(NAAQS). The nonattainment
designation was based on the Area’s
design value for the 1987–1989 threeyear period. The ‘‘moderate’’
classification triggered various statutory
requirements for this Area, including
the requirement pursuant to section
182(b)(3) of the CAA for the Area to
require all owners and operators of
gasoline dispensing systems to install
and operate a system for gasoline vapor
recovery of emissions from the fueling
of motor vehicles known as ‘‘Stage II.’’ 1
On January 8, 1993, FDEP submitted a
SIP revision to address the Stage II
requirements for the Area. EPA
approved that SIP revision, containing
Florida’s Stage II rules in a notice
published on March 24, 1994. See 59 FR
13883. At that time, the State had a SIPapproved Stage I program (see 47 FR
19992 (May 10, 1982)) in place for
ozone nonattainment areas to recover
gasoline vapors that would otherwise be
released when gasoline is transferred
from a gasoline tanker truck to a storage
tank.2
On November 8, 1993, FDEP
submitted to EPA a request to
redesignate the Southwest Florida Area
to attainment for the 1-hour ozone
standard and an associated maintenance
plan. The maintenance plan, as required
under section 175A of the CAA, showed
that nitrogen oxides and volatile organic
compounds emissions in the Area
would remain below the 1990
‘‘attainment year’’ levels through the
ten-year period from 1995–2005. In
making these projections, FDEP factored
in the emissions benefit of the Area’s
1 Stage II is a system designed to capture
displaced vapors that emerge from inside a
vehicle’s fuel tank when gasoline is dispensed into
the tank. There are two basic types of Stage II
systems, the balance type and the vacuum assist
type.
2 The State later revised its Stage I program to
cover the entire state and provided this change to
EPA on May 31, 2007, as a SIP revision. EPA
approved Florida’s expansion of the Stage I program
on June 1, 2009. See 74 FR 26103.
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Stage II program, thereby maintaining
this program as an active part of its 1hour ozone SIP. The redesignation
request and maintenance plan was
approved by EPA, effective April 25,
1995. See 60 FR 10325 (February 24,
1995). Subsequently, the maintenance
plan was extended by FDEP to 2015 and
this extension was approved by EPA,
effective April 13, 2004. See 69 FR 7127
(February 13, 2004).
On May 31, 2007, FDEP submitted a
SIP revision for the purpose of removing
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in the Area; phasing out Stage
II requirements for existing facilities in
the Area by December 31, 2009;
requiring new and upgraded gasoline
dispensing facilities and new bulk
gasoline plant statewide to employ
Stage I; and phasing in Stage I
requirements for existing gasoline
dispensing facilities. This SIP revision
included a demonstration pursuant to
section 110(l) of the CAA that the
removal of the Stage II requirements
from the SIP would not interfere with
any applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the CAA.3 EPA approved
Florida’s May 31, 2007, SIP revision on
June 1, 2009.4 See 74 FR 26103.
II. Analysis of the State’s Submittal
Florida’s May 1, 2015, SIP revision
seeks to make changes to the SIP to
remove certain Stage I requirements and
to make administrative changes to the
SIP that would remove gasoline vapor
control rules that no longer serve a
regulatory purpose, including the rules
related to the Stage II program that
ended on December 31, 2009.
Specifically, Florida’s May 1, 2015, SIP
3 Section 110(l) requires that a revision to the SIP
not interfere with any applicable requirement
concerning attainment and reasonable further
progress (as defined in section 171), or any other
applicable requirement of the Act. EPA evaluates
each section 110(l) noninterference demonstration
on a case-by-case basis considering the
circumstances of each SIP revision. EPA interprets
110(l) as applying to all NAAQS that are in effect,
including those that have been promulgated but for
which the EPA has not yet made designations. The
degree of analysis focused on any particular
NAAQS in a noninterference demonstration varies
depending on the nature of the emissions associated
with the proposed SIP revision.
4 On September 16, 2008, EPA originally
published a direct final rule approving the phasing
out the Stage II gasoline vapor recovery
requirements for the Southeast Florida Area (see 73
FR 53378); however, EPA subsequently withdrew
this direct final rule due to adverse comments (see
73 FR 63639, October 27, 2008). On June 1, 2009,
after responding to the adverse comment for EPA’s
September 16, 2008, direct final rule, EPA finalized
its approval to phase out the Stage II gasoline vapor
recovery requirements for the Southeast Florida
Area by December 31, 2009. See 74 FR 26103.
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revision requests the removal of the
following rules from the Florida SIP:
• Rule 62–252.100, ‘‘Purpose and
Scope’’—this section contains
introductory language that serves no
regulatory purpose.
• Rule 62–252.200, ‘‘Definitions’’—
this section contains definitions that are
rendered unnecessary as they exist in
Federal regulations at 40 CFR part 63,
subpart CCCCCC—National Emissions
Standards for Hazardous Air Pollutants
for Source Category: Gasoline
Dispensing Facilities, or are otherwise
no longer needed.5
• Rule 62–252.400, ‘‘Gasoline
Dispensing Facilities-Stage II Vapor
Recovery’’—this section contains
requirements for Stage II vapor recovery
systems. This section is obsolete
because the rule phased itself out on
December 31, 2009.
• Rule 62–252.500, ‘‘Gasoline Tanker
Trucks’’—this section contains Stage I
gasoline vapor control requirements that
apply to gasoline tanker trucks or
trailers. The individual requirements of
this section are superseded by 40 CFR
part 63, subpart CCCCCC, addressed by
requirements in 62–252.300, or do not
have an air quality impact such that
removal would interfere with
attainment or maintenance of the
NAAQS in any area in Florida.
• Rule 62–252.800, ‘‘Penalties’’—this
section contains language describing the
penalty for violation of Chapter 62.252.
The rule is duplicative of language in
section 403.062 of the Florida Statues
and therefore is unnecessary.
• Rule 62–252.900, ‘‘Form’’—this
section contains the form adopted under
62–252.500 for annual reporting of
pressure and vacuum testing to the State
for gasoline cargo tanks. The form is no
longer necessary with the removal of
62–252.500.
EPA is also approving an amendment
to Rule 62–252.300, Gasoline
Dispensing Facilities-Stage I Vapor
Recovery, to remove obsolete and
duplicative language and reorganize the
rule accordingly. The specific changes
that Florida is requesting are as follows:
• Remove subsection 62–
252.300(1)(b) because the Stage II
Program was phased out by December
31, 2009.
• Remove subsections 62–
252.300(4)(a) and (c) because these
compliance schedules duplicate the
prohibition and control technology
requirements in subsections 62–
252.300(2) and (3).
• Remove subsection 62–
252.300(4)(b) because the Stage II
5 EPA promulgated subpart CCCCCC on January
10, 2008, after the statewide implementation of the
State’s Stage I program.
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Program was phased out by December
31, 2009.
• Remove the outdated compliance
schedules in subsections 62–
252.300(4)(d) and (e) because these
compliance dates have passed. Stage I
Vapor Recovery at gasoline dispensing
facilities throughout Florida was
completed as of January 2010.
• Renumber the remaining
subsections in section 62–252.300 to
reflect the changes identified above.
To the extent that any of the rule
changes identified above relate to the
Stage II program, EPA is proposing to
approve those changes because, as
previously mentioned, EPA approved
the phase out of the Stage II program by
December 31, 2009, along with the
State’s demonstration that the removal
of the Stage II program from the SIP
would not interfere with air quality or
any other applicable requirement of the
CAA. See 74 FR 26103. To the extent
that the changes relate to the Stage I
program, EPA has preliminarily
determined that these changes will not
interfere with any applicable
requirement concerning attainment or
any other applicable requirement of the
CAA, and therefore satisfy section
110(l), because they remove obsolete
language due, in part, to superseding
Federal requirements in 40 CFR part 63,
subpart CCCCCC; remove requirements
that are addressed in 62–252.300; or
remove requirements that do not have
an air quality impact such that removal
would interfere with attainment or
maintenance of the NAAQS in any area
in Florida.6
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).
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III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference of FDEP Regulation 62–
252.300 entitled ‘‘Gasoline Dispensing
Facilities-Stage I Vapor Recovery’’
effective September 24, 2013. EPA has
made, and will continue to make, these
documents generally available
IV. Final Action
EPA is approving Florida’s May 1,
2015, SIP revision which makes changes
to the SIP identified in Section II, above,
to certain remove Stage I requirements
and to make administrative changes to
the SIP that would remove gasoline
vapor control rules that no longer serve
a regulatory purpose, including the
rules related to the Stage II program that
ended on December 31, 2009.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective October 13, 2015
without further notice unless the
Agency receives adverse comments by
September 11, 2015.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All adverse comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on October 13,
2015 and no further action will be taken
on the proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the Agency may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
6 EPA has also evaluated the applicability of CAA
section 193 to the proposed SIP revision. Section
193 is a general savings clause stating that no
control requirement in effect before November 15,
1990, in any nonattainment area for any air
pollutant may be modified after November 15, 1990
in any manner unless the modification insures
equivalent or greater emission reductions of such
air pollutant. Although EPA incorporated portions
of Florida’s Stage I program into the SIP in 1982 to
comply with a previous ozone standard (47 FR
19992 (May 10, 1982)), EPA has determined that
section 193 is not applicable to this proposed action
because Florida does not currently have any ozone
nonattainment areas. Furthermore, EPA did not
incorporate Florida’s Stage II program into the SIP
until March 24, 1994.
V. 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 action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
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48261
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) 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).
In addition, 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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
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Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 13, 2015. 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
Authority: 42.U.S.C. 7401 et seq.
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
Subpart K—Florida
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
2. Section 52.520(c) is amended under
Chapter 62–252 by:
■ a. Removing the entries for ‘‘62–252–
.100,’’ ‘‘62–252–.200,’’ ‘‘62–252–.400,’’
‘‘62–252–.500,’’ ‘‘62–252–.800’’, and
‘‘62–252–.900’’ and
■ b. Revising the entry for ‘‘62–252–
.300.’’
The revision reads as follows:
■
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
§ 52.520
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED FLORIDA REGULATIONS
State citation
(Section)
Title/subject
*
62–252.300 ...............
*
*
Gasoline Dispensing Facilities Stage I
Vapor Recovery.
*
*
*
*
*
*
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[FR Doc. 2015–19721 Filed 8–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0505; FRL–9931–76–
OAR]
RIN 2060–AS49
Oil and Natural Gas Sector: Definitions
of Low Pressure Gas Well and Storage
Vessel
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This action finalizes
amendments to new source performance
standards (NSPS) for the Oil and
Natural Gas Sector. On March 23, 2015,
the Environmental Protection Agency
(EPA) re-proposed its definition of ‘‘low
pressure gas well’’ for notice and
comment to correct a procedural defect
with its prior rulemaking that included
this definition. The EPA also proposed
to amend the NSPS to remove
provisions concerning storage vessels
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SUMMARY:
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date
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5/1/2015
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EPA approval date
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8/12/2015 [Insert
publication].
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citation
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connected or installed in parallel and to
revise the definition of ‘‘storage vessel.’’
This action finalizes the definition of
‘‘low pressure gas well’’ and the
amendments to the storage vessel
provisions.
DATES: The final rule is effective on
August 12, 2015.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID Number EPA–HQ–OAR–2010–0505.
All documents in the docket are listed
in the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in
regulations.gov or in hard copy at the
EPA Docket Center, EPA WJC West
Building, 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
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Explanation
*
of
*
*
number for the EPA Docket Center is
(202) 566–1742.
For
further information on this action,
contact Mr. Matthew Witosky, Sector
Policies and Programs Division (E143–
05), Office of Air Quality Planning and
Standards, Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711, telephone number:
(919) 541–2865; facsimile number: (919)
541–3470; email address:
witosky.matthew@epa.gov. For further
information on the EPA’s Oil and
Natural Gas Sector regulatory program
for air, contact Mr. Bruce Moore, Sector
Policies and Programs Division (E143–
05), Office of Air Quality Planning and
Standards, Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711, telephone number:
(919) 541–5460; facsimile number: (919)
541–3470; email address: moore.bruce@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this reconsideration action
apply to me?
Categories and entities potentially
affected by this action include:
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[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48259-48262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19721]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0336; FRL-9932-25-Region 4]
Approval and Promulgation of Implementation Plans; Florida;
Miscellaneous Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revision submitted by the State of
Florida through the Florida Department of Environmental Protection
(FDEP) on May 1, 2015. This SIP revision seeks to make changes to the
SIP to remove certain Stage I vapor control requirements and to make
administrative changes to the SIP that would remove gasoline vapor
control rules that no longer serve a regulatory purpose, including
rules related to the Stage II vapor control requirements for new and
upgraded gasoline dispensing facilities in Broward, Miami-Dade, and
Palm Beach Counties (hereinafter referred to as the ``Southeast Florida
Area''). EPA has determined that Florida's May 1, 2015, SIP revision is
approvable because it is consistent with the Clean Air Act (CAA or
Act).
DATES: This direct final rule is effective October 13, 2015 without
further notice, unless EPA receives adverse comment by September 11,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0336, 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- 2015-0336,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch (formerly Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. 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-
2015-0336'' 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 may not be 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: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
[[Page 48260]]
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Ms. Sheckler's phone number is (404) 562-
9222. She can also be reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 6, 1991, EPA designated and classified the Southeast
Florida Area as a moderate ozone nonattainment area for the 1-hour
ozone national ambient air quality standards (NAAQS). The nonattainment
designation was based on the Area's design value for the 1987-1989
three-year period. The ``moderate'' classification triggered various
statutory requirements for this Area, including the requirement
pursuant to section 182(b)(3) of the CAA for the Area to require all
owners and operators of gasoline dispensing systems to install and
operate a system for gasoline vapor recovery of emissions from the
fueling of motor vehicles known as ``Stage II.'' \1\ On January 8,
1993, FDEP submitted a SIP revision to address the Stage II
requirements for the Area. EPA approved that SIP revision, containing
Florida's Stage II rules in a notice published on March 24, 1994. See
59 FR 13883. At that time, the State had a SIP-approved Stage I program
(see 47 FR 19992 (May 10, 1982)) in place for ozone nonattainment areas
to recover gasoline vapors that would otherwise be released when
gasoline is transferred from a gasoline tanker truck to a storage
tank.\2\
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\1\ Stage II is a system designed to capture displaced vapors
that emerge from inside a vehicle's fuel tank when gasoline is
dispensed into the tank. There are two basic types of Stage II
systems, the balance type and the vacuum assist type.
\2\ The State later revised its Stage I program to cover the
entire state and provided this change to EPA on May 31, 2007, as a
SIP revision. EPA approved Florida's expansion of the Stage I
program on June 1, 2009. See 74 FR 26103.
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On November 8, 1993, FDEP submitted to EPA a request to redesignate
the Southwest Florida Area to attainment for the 1-hour ozone standard
and an associated maintenance plan. The maintenance plan, as required
under section 175A of the CAA, showed that nitrogen oxides and volatile
organic compounds emissions in the Area would remain below the 1990
``attainment year'' levels through the ten-year period from 1995-2005.
In making these projections, FDEP factored in the emissions benefit of
the Area's Stage II program, thereby maintaining this program as an
active part of its 1-hour ozone SIP. The redesignation request and
maintenance plan was approved by EPA, effective April 25, 1995. See 60
FR 10325 (February 24, 1995). Subsequently, the maintenance plan was
extended by FDEP to 2015 and this extension was approved by EPA,
effective April 13, 2004. See 69 FR 7127 (February 13, 2004).
On May 31, 2007, FDEP submitted a SIP revision for the purpose of
removing Stage II vapor control requirements for new and upgraded
gasoline dispensing facilities in the Area; phasing out Stage II
requirements for existing facilities in the Area by December 31, 2009;
requiring new and upgraded gasoline dispensing facilities and new bulk
gasoline plant statewide to employ Stage I; and phasing in Stage I
requirements for existing gasoline dispensing facilities. This SIP
revision included a demonstration pursuant to section 110(l) of the CAA
that the removal of the Stage II requirements from the SIP would not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
CAA.\3\ EPA approved Florida's May 31, 2007, SIP revision on June 1,
2009.\4\ See 74 FR 26103.
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\3\ Section 110(l) requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any
other applicable requirement of the Act. EPA evaluates each section
110(l) noninterference demonstration on a case-by-case basis
considering the circumstances of each SIP revision. EPA interprets
110(l) as applying to all NAAQS that are in effect, including those
that have been promulgated but for which the EPA has not yet made
designations. The degree of analysis focused on any particular NAAQS
in a noninterference demonstration varies depending on the nature of
the emissions associated with the proposed SIP revision.
\4\ On September 16, 2008, EPA originally published a direct
final rule approving the phasing out the Stage II gasoline vapor
recovery requirements for the Southeast Florida Area (see 73 FR
53378); however, EPA subsequently withdrew this direct final rule
due to adverse comments (see 73 FR 63639, October 27, 2008). On June
1, 2009, after responding to the adverse comment for EPA's September
16, 2008, direct final rule, EPA finalized its approval to phase out
the Stage II gasoline vapor recovery requirements for the Southeast
Florida Area by December 31, 2009. See 74 FR 26103.
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II. Analysis of the State's Submittal
Florida's May 1, 2015, SIP revision seeks to make changes to the
SIP to remove certain Stage I requirements and to make administrative
changes to the SIP that would remove gasoline vapor control rules that
no longer serve a regulatory purpose, including the rules related to
the Stage II program that ended on December 31, 2009. Specifically,
Florida's May 1, 2015, SIP revision requests the removal of the
following rules from the Florida SIP:
Rule 62-252.100, ``Purpose and Scope''--this section
contains introductory language that serves no regulatory purpose.
Rule 62-252.200, ``Definitions''--this section contains
definitions that are rendered unnecessary as they exist in Federal
regulations at 40 CFR part 63, subpart CCCCCC--National Emissions
Standards for Hazardous Air Pollutants for Source Category: Gasoline
Dispensing Facilities, or are otherwise no longer needed.\5\
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\5\ EPA promulgated subpart CCCCCC on January 10, 2008, after
the statewide implementation of the State's Stage I program.
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Rule 62-252.400, ``Gasoline Dispensing Facilities-Stage II
Vapor Recovery''--this section contains requirements for Stage II vapor
recovery systems. This section is obsolete because the rule phased
itself out on December 31, 2009.
Rule 62-252.500, ``Gasoline Tanker Trucks''--this section
contains Stage I gasoline vapor control requirements that apply to
gasoline tanker trucks or trailers. The individual requirements of this
section are superseded by 40 CFR part 63, subpart CCCCCC, addressed by
requirements in 62-252.300, or do not have an air quality impact such
that removal would interfere with attainment or maintenance of the
NAAQS in any area in Florida.
Rule 62-252.800, ``Penalties''--this section contains
language describing the penalty for violation of Chapter 62.252. The
rule is duplicative of language in section 403.062 of the Florida
Statues and therefore is unnecessary.
Rule 62-252.900, ``Form''--this section contains the form
adopted under 62-252.500 for annual reporting of pressure and vacuum
testing to the State for gasoline cargo tanks. The form is no longer
necessary with the removal of 62-252.500.
EPA is also approving an amendment to Rule 62-252.300, Gasoline
Dispensing Facilities-Stage I Vapor Recovery, to remove obsolete and
duplicative language and reorganize the rule accordingly. The specific
changes that Florida is requesting are as follows:
Remove subsection 62-252.300(1)(b) because the Stage II
Program was phased out by December 31, 2009.
Remove subsections 62-252.300(4)(a) and (c) because these
compliance schedules duplicate the prohibition and control technology
requirements in subsections 62-252.300(2) and (3).
Remove subsection 62-252.300(4)(b) because the Stage II
[[Page 48261]]
Program was phased out by December 31, 2009.
Remove the outdated compliance schedules in subsections
62-252.300(4)(d) and (e) because these compliance dates have passed.
Stage I Vapor Recovery at gasoline dispensing facilities throughout
Florida was completed as of January 2010.
Renumber the remaining subsections in section 62-252.300
to reflect the changes identified above.
To the extent that any of the rule changes identified above relate
to the Stage II program, EPA is proposing to approve those changes
because, as previously mentioned, EPA approved the phase out of the
Stage II program by December 31, 2009, along with the State's
demonstration that the removal of the Stage II program from the SIP
would not interfere with air quality or any other applicable
requirement of the CAA. See 74 FR 26103. To the extent that the changes
relate to the Stage I program, EPA has preliminarily determined that
these changes will not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the CAA,
and therefore satisfy section 110(l), because they remove obsolete
language due, in part, to superseding Federal requirements in 40 CFR
part 63, subpart CCCCCC; remove requirements that are addressed in 62-
252.300; or remove requirements that do not have an air quality impact
such that removal would interfere with attainment or maintenance of the
NAAQS in any area in Florida.\6\
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\6\ EPA has also evaluated the applicability of CAA section 193
to the proposed SIP revision. Section 193 is a general savings
clause stating that no control requirement in effect before November
15, 1990, in any nonattainment area for any air pollutant may be
modified after November 15, 1990 in any manner unless the
modification insures equivalent or greater emission reductions of
such air pollutant. Although EPA incorporated portions of Florida's
Stage I program into the SIP in 1982 to comply with a previous ozone
standard (47 FR 19992 (May 10, 1982)), EPA has determined that
section 193 is not applicable to this proposed action because
Florida does not currently have any ozone nonattainment areas.
Furthermore, EPA did not incorporate Florida's Stage II program into
the SIP until March 24, 1994.
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III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference of FDEP Regulation
62-252.300 entitled ``Gasoline Dispensing Facilities-Stage I Vapor
Recovery'' effective September 24, 2013. 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 approving Florida's May 1, 2015, SIP revision which makes
changes to the SIP identified in Section II, above, to certain remove
Stage I requirements and to make administrative changes to the SIP that
would remove gasoline vapor control rules that no longer serve a
regulatory purpose, including the rules related to the Stage II program
that ended on December 31, 2009.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 13, 2015
without further notice unless the Agency receives adverse comments by
September 11, 2015.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 13, 2015 and no
further action will be taken on the proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
V. 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
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) 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).
In addition, 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate,
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the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 13, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(c) is amended under Chapter 62-252 by:
0
a. Removing the entries for ``62-252-.100,'' ``62-252-.200,'' ``62-
252-.400,'' ``62-252-.500,'' ``62-252-.800'', and ``62-252-.900'' and
0
b. Revising the entry for ``62-252-.300.''
The revision reads as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
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State
State citation (Section) Title/subject effective date EPA approval date Explanation
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62-252.300............................ Gasoline Dispensing 5/1/2015 8/12/2015 [Insert
Facilities Stage I Vapor citation of
Recovery. publication].
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[FR Doc. 2015-19721 Filed 8-11-15; 8:45 am]
BILLING CODE 6560-50-P
