Approval and Promulgation of Implementation Plans; Florida; Combs Oil Company Variance, 57727-57729 [2015-24325]

Download as PDF Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations action published in the Proposed Rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 40 CFR Part 52 AGENCY: Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 11, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(461) to read as follows: ■ § 52.220 Identification of plan. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (c) * * * (461) New and amended regulations were submitted on April 7, 2015 by the Governor’s designee. (i) Incorporation by Reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 1002, ‘‘Transfer of Gasoline into Vehicle Fuel Tanks,’’ revised on December 17, 2014. (B) Ventura County Air Pollution Control District. (1) Rule 74.33, ‘‘Liquefied Petroleum Gas Transfer or Dispensing,’’ adopted on January 13, 2015. * * * * * [FR Doc. 2015–24106 Filed 9–24–15; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:35 Sep 24, 2015 Jkt 235001 40 CFR Part 52 [EPA–R04–OAR–2015–0133; FRL–9934–72– Region 4] Approval and Promulgation of Implementation Plans; Florida; Combs Oil Company Variance Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the State Implementation Plan (SIP) submitted by the State of Florida through the Department of Environmental Protection (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. EPA is approving Florida’s July 31, 2009, source specific SIP revision. DATES: This rule will be effective October 26, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0133. 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 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 57727 Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached by phone at (404) 562–9043 or 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. 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 facility would have begun operations prior to August 1, 2007, but for delays in building and relocating to the new facility related to hurricanes, which 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. In a notice of proposed rulemaking (NPR) published on July 20, 2015, EPA proposed to approve Florida’s July 31, 2009, SIP revision granting a variance to the Combs Oil Company, located in Naples, Florida. See 80 FR 42763. The details of Florida’s submittal and the rationale for EPA’s actions are explained in the NPR. Comments on the proposed rulemaking were due on or before August 19, 2015. No adverse comments were received. E:\FR\FM\25SER1.SGM 25SER1 57728 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations II. 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 incorporate by reference of ‘‘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 EPA Region 4 office (see the ADDRESSES section of this preamble for more information). III. Final Action EPA is approving 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 mstockstill on DSK4VPTVN1PROD with RULES 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 a 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 Orders 12866 (58 FR 51735, VerDate Sep<11>2014 17:35 Sep 24, 2015 Jkt 235001 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. 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 24, 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, Intergovernmental relations, Ozone, Nitrogen dioxide, Particulate Matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 16, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. Subpart K—Florida 2. Section 52.520(d), is amended by adding a new entry for ‘‘Combs Oil Company’’ at the end of the table to read as follows: ■ § 52.520 * Identification of plan. * * (d) * * * E:\FR\FM\25SER1.SGM 25SER1 * * Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57729 EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS State effective date Permit number Name of source * * Combs Oil Company .......... .................... * * * * * 7/31/2009 * [FR Doc. 2015–24325 Filed 9–24–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0113; FRL–9934–53– Region 4] Air Plan Approval; GA; Removal of Stage II Gasoline Vapor Recovery Program AGENCY: Environmental Protection Agency. ACTION: Final rule. SUMMARY: The Environmental Protection Agency (EPA) is approving changes to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Environmental Protection Division, on January 22, 2015, to remove Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in the State and to allow for the decommissioning of existing Stage II equipment. This rule will be effective October 26, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0113. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be 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 Regulatory Management Section (formerly Regulatory Development Section), Air Planning and Implementation Branch (formerly Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. mstockstill on DSK4VPTVN1PROD with RULES DATES: VerDate Sep<11>2014 17:35 Sep 24, 2015 Jkt 235001 EPA approval date Explanation * 9/25/2015 [Insert citation of publication]. * * * Order Granting Variance from Rule 62–296.418(2)(b)2. 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 Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Sheckler’s telephone number is (404) 562–9222. She can also be reached via electronic mail at sheckler.kelly@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On November 13, 1992, the State of Georgia submitted a SIP revision to address the Stage II requirements 1 for the Atlanta 1-Hour Ozone Area.2 EPA approved that SIP revision, containing Georgia’s Stage II rule (Georgia Rule 391–3–1–.02(2)(zz)—Gasoline Dispensing Facilities—Stage II) in a notice published on February 2, 1996. See 61 FR 3819. On January 22, 2015, the State submitted a SIP revision to EPA with a request to remove its Stage II rule from the Georgia SIP thereby eliminating Stage II vapor control 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 On November 6, 1991, EPA designated the following counties in and around metropolitan Atlanta as a serious ozone nonattainment area for the 1-hour ozone NAAQS (referred to as the ‘‘Atlanta 1-Hour Ozone Area’’): Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. 56 FR 56694. The ‘‘serious’’ classification triggered various statutory requirements for the Atlanta 1Hour Ozone 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 Stage II. EPA redesignated the Atlanta 1-Hour Ozone Area to attainment for the 1-hour ozone NAAQS, effective June 14, 2005. See 70 FR 34660 (June 15, 2005). PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 requirements for new and upgraded gasoline dispensing facilities in the State and allowing for the decommissioning of existing Stage II equipment. EPA published a proposed rulemaking on July 16, 2015, to approve that SIP revision. The details of Georgia’s submittal and the rationale for EPA’s action are explained in the NPR. See 80 FR 42076. The comment period for this proposed rulemaking closed on August 17, 2015. EPA did not receive any comments, adverse or otherwise, during the public comment period. II. Final Action EPA is taking final action to approve the January 22, 2015, SIP revision submitted by Georgia and remove Georgia Rule 391–3–1–.02(2)(zz) from the SIP. This action removes Stage II vapor control requirements for new and upgraded gasoline dispensing facilities and allows for the decommissioning of existing Stage II equipment. EPA has determined that Georgia’s January 22, 2015, SIP revision related to the State’s Stage II rules is consistent with the CAA and EPA’s regulations and guidance. III. 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.); E:\FR\FM\25SER1.SGM 25SER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57727-57729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24325]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0133; FRL-9934-72-Region 4]

Approval and Promulgation of Implementation Plans; Florida; Combs
Oil Company Variance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the State Implementation Plan (SIP) submitted by the State
of Florida through the Department of Environmental Protection (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. EPA is approving
Florida's July 31, 2009, source specific SIP revision.

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0133. 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 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. Mr. Lakeman can be reached by phone at (404) 562-9043 or
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.
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 facility would have begun operations prior to
August 1, 2007, but for delays in building and relocating to the new
facility related to hurricanes, which 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.
In a notice of proposed rulemaking (NPR) published on July 20,
2015, EPA proposed to approve Florida's July 31, 2009, SIP revision
granting a variance to the Combs Oil Company, located in Naples,
Florida. See 80 FR 42763. The details of Florida's submittal and the
rationale for EPA's actions are explained in the NPR. Comments on the
proposed rulemaking were due on or before August 19, 2015. No adverse
comments were received.

[[Page 57728]]

II. 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 incorporate by reference of ``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 EPA Region 4 office (see the ADDRESSES section of this
preamble for more information).

III. Final Action

EPA is approving 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
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 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 24, 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, Intergovernmental relations, Ozone, Nitrogen dioxide,
Particulate Matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

Dated: September 16, 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(d), is amended by adding a new entry for ``Combs Oil
Company'' at the end of the table to read as follows:

Sec. 52.520 Identification of plan.

* * * * *
(d) * * *

[[Page 57729]]

EPA-Approved Florida Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit effective EPA approval date Explanation
number date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Combs Oil Company.................. ........... 7/31/2009 9/25/2015 [Insert Order Granting Variance
citation of from Rule 62-
publication]. 296.418(2)(b)2.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-24325 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P

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