[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67090-67098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26850]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0564; FRL-9902-56-Region 4]


Approval and Promulgation of Implementation Plans; Florida: Non-
interference Demonstration for Removal of Federal Low-Reid Vapor 
Pressure Requirement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State of Florida's August 15, 
2013, State Implementation Plan (SIP) revision to the State's approved 
maintenance plans addressing the 1997 8-hour ozone national ambient air 
quality standards (NAAQS). Specifically, Florida's revision, including 
updated modeling, shows that the Southeast Florida, Tampa Bay and 
Jacksonville areas would continue to maintain the 1997 8-hour ozone 
standard if the currently applicable Federal Reid Vapor Pressure (RVP) 
standard for gasoline of 7.8 pounds per square inch (psi) was modified 
to a less stringent standard of 9.0 psi for Broward, Dade, Duval, 
Hillsborough, Palm Beach and Pinellas Counties (hereafter also referred 
to as ``Maintenance Plan Areas'') during the high-ozone season. Also, 
based on a request by the State on November 29, 2012, EPA is proposing 
to remove the existing SIP references related to the previously-
implemented inspection and maintenance programs in the Maintenance Plan 
Areas. The State has included a technical demonstration with the August 
15, 2013, SIP revision which demonstrate that the less-stringent RVP 
standard and the absence of an inspection and maintenance program in 
these areas would not interfere with continued maintenance of the 1997 
8-hour ozone NAAQS or any other applicable standard. Approval of this 
SIP revision is a prerequisite for EPA's consideration of an amendment 
to the regulations to remove the Maintenance Plan Areas from the list 
of areas that are currently subject to the Federal 7.8 psi RVP 
requirements. The specific elements of the maintenance plan modeling 
that EPA is proposing update for the Maintenance Plan Areas are the 
ozone maintenance plan attainment inventories, emissions projections 
and air quality monitoring data. The revised modeling utilizes updated 
models to calculate the mobile source emissions. EPA has preliminarily 
determined that Florida's August 15, 2013, SIP revision with respect to 
the changes to the modeling and associated technical demonstration 
associated with the State's request for the removal of the Federal RVP 
requirements, and with respect to the use of updated models, is 
consistent with the applicable provisions of the Clean Air Act (CAA or 
Act). Should EPA decide to remove the subject portions of the 
Maintenance Plan Areas from those areas subject to the 7.8 psi Federal 
RVP requirements, such action will occur in a subsequent rulemaking. 
EPA has also preliminarily determined that removal of the regulatory 
provisions associated with the previously-implemented inspection and 
maintenance programs from the Maintenance Plan Areas is consistent with 
the applicable provisions of the CAA.

DATES: Written comments must be received on or before December 9, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2013-0564 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0564, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 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-
2013-0564. 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 http://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 Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,

[[Page 67091]]

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 of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. 
Lakeman may be reached by phone at (404) 562-9043, or via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is being proposed?
II. What is the background of the areas?
III. What is the history of the gasoline volatility requirement?
IV. What is the history of the Motor Vehicle Inspection Program in 
the areas?
V. What are the section 110(l) requirements?
VI. What is EPA's analysis of Florida's submittal and request?
VII. Proposed Action
VIII. Statutory and Executive Order Reviews

I. What is being proposed?

    Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas 
counties in Florida are currently designated attainment for the 1997 8-
hour ozone NAAQS. As discussed further below, these counties were 
previous nonattainment areas for the 1-hour ozone NAAQS but were 
subsequently redesignated from nonattainment to attainment for this 
NAAQS, and as such, these counties were required to implement a 
``110(a)(1) ozone Maintenance Plan'' for the 1997 8-hour ozone 
NAAQS.\1\ This rulemaking proposes to approve a revision to the 
110(a)(1) ozone Maintenance Plans for the Maintenance Plan Areas 
submitted by the Florida Department of Environmental Protection (FDEP). 
Specifically, EPA is proposing to approve changes to the previously-
approved 110(a)(1) ozone Maintenance Plans, including updated modeling, 
that show that the Maintenance Plan Areas can continue to maintain the 
1997 8-hour ozone standard without reliance on emissions reductions 
from inspection and maintenance programs previously implemented in 
these Areas,\2\ and without the use of gasoline with an RVP of 7.8 psi 
in any of the Maintenance Plan Areas during the high ozone season--June 
1 through September 15.\3\ EPA is also proposing to conclude that the 
new modeling associated with these changes demonstrates that the 
Maintenance Plan Areas would continue to attain the 1997 8-hour ozone 
NAAQS without the implementation of an inspection and maintenance 
program and with the use of gasoline with an RVP of 9.0 psi throughout 
the Maintenance Plan Areas during the high ozone season. Consistent 
with section 110(l) of the Act, EPA also proposes to conclude that the 
removal of the regulatory references in the Florida SIP to the 
previously-implemented inspection and maintenance programs in the 
Maintenance Plan Areas, and the use of gasoline with an RVP of 9.0 psi 
throughout the Maintenance Plan Areas during the high ozone season 
would not interfere with other applicable requirements.
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    \1\ Per the Phase 1 final rule to implement the 1997 8-hour 
Ozone standard, anti-backsliding provisions--codified at 40 CFR 
51.905(a)(4)--require maintenance areas for the 1-hour ozone 
standard designated attainment/unclassifiable for the 1997 8-hour 
ozone standard to submit a maintenance plan under section 110(a)(1) 
of the CAA demonstrating maintenance out to 10 years after 
designation. See 69 FR 23996 (Apr. 30, 2004).
    \2\ On August 2, 2001 (66 FR 40137), and August 15, 2002 (67 FR 
53314), EPA removed the emission reductions attributable to the 
Motor Vehicle Inspection Program in the ozone maintenance plans for 
the Jacksonville (i.e., Duval County), Southeast Florida (i.e., 
Broward, Dade and Palm Beach Counties) and Tampa (i.e,. Hillsborough 
and Pinellas Counties) areas. However, in those rulemakings, EPA did 
not remove Florida Code Annotated Section 62-242 from the table of 
EPA-approved rules at 40 CFR 52.520. EPA is now proposing to remove 
these rules from the Florida SIP.
    \3\ As discussed further below, a separate rulemaking is 
required for relaxation of the current requirement to use gasoline 
with an RVP of 7.8 psi in the Area. While EPA evaluates the 
approvability of Florida's revision to the maintenance plan pursuant 
to section 110(l), the decision regarding removal of Federal RVP 
requirements pursuant to section 211(h) in the Area is made at the 
discretion of the Administrator.
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    Specifically, the new modeling conducted by Florida to account for 
the proposed relaxation of the applicable RVP standard in the 
Maintenance Plan Areas results in changes to the on-road mobile and 
non-road emissions associated with the maintenance plans.\4\ This 
modeling also accounts for the absence of the previously-implemented 
inspection and maintenance programs in the Maintenance Plan Areas. As 
such, the Florida SIP revision updates the on-road mobile and non-road 
source emissions for the Areas. EPA is also proposing approval of these 
changes.
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    \4\ In addition to a less stringent RVP standard, the new 
modeling also utilizes updated models for on-road and off-road 
mobile emission sources.
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    This preamble is hereafter organized into six parts. Section II 
provides the background of the designation status for the Maintenance 
Plan Areas with respect to the various ozone NAAQS. Section III 
describes the applicable history of Federal gasoline regulation. 
Section IV includes the history of the inspection and maintenance 
programs in the Maintenance Areas. Section V provides the Agency's 
policy regarding relaxation of the volatility standards. Section VI 
provides EPA's analysis of the information submitted by Florida to 
support: (1) The removal of the regulatory references to the 
previously-implemented inspection and maintenance programs in the 
Maintenance Plan Areas, and a relaxation of the more stringent 
volatility standard in the Areas; (2) changes to the on-road mobile and 
non-road source emissions associated with the 110(a)(1) Maintenance 
Plan for the Areas; and (3) provides EPA's analysis regarding the 
proposed change.

II. What is the background of the areas?

    On November 6, 1991 (56 FR 56694), EPA designated the Southeast 
Florida area (i.e., Broward, Dade and Palm Beach counties) as Moderate; 
the Jacksonville area (i.e., Duval County) as Transitional; and the 
Tampa area (i.e., Hillsborough and Pinellas counties) as Marginal 
nonattainment areas for the 1-hour ozone NAAQS. Among the requirements 
applicable to nonattainment areas for the 1-hour ozone NAAQS was the 
requirement to meet certain volatility standards (known as Reid Vapor 
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June 
11, 1990). As discussed in greater detail below, as part of the RVP 
requirements associated with its nonattainment designation, gasoline 
sold in the 1-hour ozone nonattainment areas could not exceed 7.8 psi 
RVP during the high-ozone season months.
    Following implementation of the 7.8 psi RVP requirement in the 
Southeast Florida, Jacksonville and Tampa areas, each area was 
redesignated to attainment for the 1-hour ozone NAAQS (60 FR 41 
(January 3, 1995); 60 FR 10326 (February 24, 1995); and 60 FR 62748 
(December 7, 1995), respectively).
    Included with Florida's redesignation requests, the State submitted 
the required 1-hour ozone monitoring data and maintenance plans 
ensuring that these areas would remain in attainment of the 1-hour 
ozone standard for at least a period of 10 years (consistent with CAA 
175A(a)). The maintenance plans submitted by Florida followed EPA 
guidance for maintenance areas subject to section 175A of the CAA. 
Florida later updated all three maintenance plans, in accordance with 
section

[[Page 67092]]

175(A)(b) to extend the maintenance plans to cover additional years 
such that the entire maintenance period was for at least 20 years after 
the initial redesignation of these areas to attainment for the 1-hour 
ozone NAAQS.
    These 1-hour ozone maintenance plan requirements remained in place 
for the Maintenance Plan Areas when they were subsequently designated 
unclassifiable/attainment for the subsequent 1997 8-hour ozone NAAQS 
\5\ and then designated unclassifiable/attainment for the revised 2008 
8-hour ozone NAAQS. See 77 FR 30088, May 21, 2012. However, the 
Maintenance Plan Areas were required to submit a 10-year maintenance 
plan under section 110(a)(1) of the CAA for the 1997 ozone NAAQS.\6\ As 
required, these 110(a)(1) maintenance plans provide for continued 
attainment and maintenance of the 1997 8-hour ozone NAAQS for at least 
10 years from the effective date of these areas' designation as 
attainment for the 1997 8-hour ozone NAAQS. These plans also include 
components demonstrating how each area will continue to attain the 1997 
8-hour ozone NAAQS, and provide contingency measures should an area 
violate the NAAQS. Florida's ozone redesignation requests and 
maintenance plans for the Maintenance Plan Areas did not remove the 7.8 
psi RVP standard, and as such, these areas remain subject to the 7.8 
psi RVP standard per the terms of their approved respective 110(a)(1) 
maintenance plans. However, Florida did submit, and EPA subsequently 
approved, maintenance plans to remove the emission reductions 
attributable to the previously-implemented inspection and maintenance 
in the Maintenance Plan Areas. More discussion on the history of the 
gasoline volatility requirement, and the history of the previously-
implemented inspection and maintenance programs in the Maintenance Plan 
Areas, is provided below.
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    \5\ Effective June 15, 2004, Broward, Dade, Duval, Hillsborough, 
Palm Beach and Pinellas Counties in Florida were designated 
unclassifiable/attainment for the 1997 8-hour ozone NAAQS. See 69 FR 
23857. The same counties were designated as unclassifiable/
attainment for the 2008 8-hour ozone NAAQS. See 77 FR 30088.
    \6\ As noted above, maintenance areas for the 1-hour ozone 
standard designated attainment/unclassifiable for the 1997 8-hour 
ozone standard are required to submit a maintenance plan under 
section 110(a)(1) of the CAA demonstrating maintenance out to 10 
years after designation. See 69 FR 23996 (Apr. 30, 2004).
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III. What is the history of the gasoline volatility requirement?

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide had become increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOC), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function (thereby aggravating asthma 
or other respiratory conditions), increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under section 211(c) 
of CAA EPA promulgated regulations on March 22, 1989 (54 FR 11868), 
that set maximum limits for the RVP of gasoline sold during the high 
ozone season. These regulations constituted Phase I of a two-phase 
nationwide program, which was designed to reduce the volatility of 
commercial gasoline during the high ozone season. On June 11, 1990 (55 
FR 23658), EPA promulgated more stringent volatility controls as Phase 
II of the volatility control program. These requirements established 
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the State, 
the month, and the area's initial ozone attainment designation with 
respect to the 1-hour ozone NAAQS during the high ozone season).
    The 1990 CAA Amendments established a new section, 211(h), to 
address fuel volatility. Section 211(h) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. Section 211(h) prohibits EPA from establishing a volatility 
standard more stringent than 9.0 psi in an attainment area, except that 
we may impose a lower (more stringent) standard in any former ozone 
nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to be consistent with section 211(h) of the CAA. 
The modified regulations prohibited the sale of gasoline with an RVP 
above 9.0 psi in all areas designated attainment for ozone, beginning 
in 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658).
    As stated in the preamble to the Phase II volatility controls and 
reiterated in the proposed change to the volatility standards published 
in 1991, EPA will rely on states to initiate changes to EPA's 
volatility program that they believe will enhance local air quality 
and/or increase the economic efficiency of the program within the 
limits of CAA section 211(h).\7\ In those rulemakings, EPA explained 
that the Governor of a State may petition EPA to set a volatility 
standard less stringent than 7.8 psi for some month or months in a 
nonattainment area. The petition must demonstrate such a change is 
appropriate because of a particular local economic impact and that 
sufficient alternative programs are available to achieve attainment and 
maintenance of the 1-hour ozone NAAQS. A current listing of the RVP 
requirements for states can be found on EPA's Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/volatility/standards.htm.
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    \7\ See 55 FR 23658 (June 11, 1990), 56 FR 24242 (May 29, 1991) 
and 56 FR 64704 (Dec. 12, 1991).
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    As explained in the December 12, 1991 (56 FR 64704), Phase II 
rulemaking, EPA believes that relaxation of an applicable RVP standard 
in a nonattainment area is best accomplished in conjunction with the 
redesignation process. In order for an ozone nonattainment area to be 
redesignated as an attainment area, section 107(d)(3) of the Act 
requires the state to make a showing, pursuant to section 175A of the 
Act, that the area is capable of maintaining attainment for the ozone 
NAAQS for ten years after redesignation. Depending on the Area's 
circumstances, this maintenance plan will either demonstrate that the 
area is capable of maintaining attainment for ten years without the 
more stringent volatility standard or that the more stringent 
volatility standard may be necessary for the area to maintain its 
attainment with the ozone NAAQS. Therefore, in the context of a request 
for redesignation, EPA will not relax the volatility standard unless 
the state requests a relaxation and the maintenance plan demonstrates, 
to the satisfaction of EPA, that the area will maintain attainment for 
ten years without the need for the more stringent volatility standard. 
As noted above, however, Florida did not request relaxation of the 
applicable 7.8 psi RVP standard when the Area was redesignated to 
attainment for the 1-hour ozone NAAQS. Rather, Florida is now seeking 
to relax the 7.8 psi RVP

[[Page 67093]]

standard after the Area has been redesignated to attainment for the 1-
hour ozone NAAQS. Accordingly, the original modeling and maintenance 
demonstration supporting the section 110(a)(1) ozone maintenance plans 
must be revised to reflect continued attainment under the relaxed 9.0 
psi RVP standard that the State has requested.

IV. What is the history of the Motor Vehicle Inspection Program in the 
areas?

    The State of Florida previously implemented a motor vehicle 
inspection and maintenance program in the Jacksonville, Southeast 
Florida and Tampa areas as part of the State's strategy to meet the 1-
hour ozone NAAQS. This program was referred to as the Motor Vehicle 
Inspection Program (MVIP). On July 1, 2000, the Florida legislature 
terminated the MVIP for Jacksonville, Southeast Florida and Tampa, and 
removed the program's statutory authority. As a consequence of this 
repeal, FDEP developed and submitted SIP revisions to remove the 
emissions reductions attributable to this program in the aforementioned 
areas from the Florida SIP. Specifically, on December 10, 1999, FDEP 
submitted a revision to the SIP for the ozone air quality maintenance 
plans for the Jacksonville and Southeast Florida areas, and on August 
29, 2000, for the Tampa, Florida area. FDEP's submissions requested the 
removal of the emission reduction credits attributable to the MVIP from 
the future year emission projections contained in those plans and 
provided a demonstration that such removals would not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. At the time, 
however, Florida did not also explicitly request removal from its SIP 
of the regulatory references to the MVIP program. Subsequently, in 
EPA's final rulemakings, published August 2, 2001 (66 FR 40137), and 
August 15, 2002 (67 FR 53314), the Agency approved the SIP revisions 
removing the emissions reductions that were attributable to the 
inspection and maintenance program in the Maintenance Plan Areas, but 
the regulatory references to the MVIP program remained.
    In summary, Florida's December 10, 1999, and August 29, 2000, SIP 
revisions demonstrated that the Maintenance Plan Areas could maintain 
the ozone NAAQS without the implementation of the MVIP. EPA reviewed 
the State's emissions inventory and modeling analyses and found that 
they met the applicable guidance and requirements. Therefore, the State 
made the necessary demonstration that the MVIP was not necessary to 
maintain the ozone NAAQS and that attainment of the NAAQS for any other 
pollutant would not be affected by removing the MVIP from the SIP. 
However, in EPA's final rulemakings related to Florida's December 10, 
1999, and August 29, 2000, SIP revisions, EPA did not remove Florida 
Code Annotated Section 62-242 from the table of EPA-approved rules at 
40 CFR 52.520. On November 29, 2012, FDEP submitted a letter to EPA 
requesting that EPA remove Rules 62-242.100 through 62.242.900 (i.e., 
entire Chapter 62-242) from the Florida SIP. In its letter, the State 
noted that these rules relate to the defunct MVIP, and also noted EPA's 
previous rulemakings to remove the emissions reductions attributable to 
this program in its SIP. Today's proposed action is being taking in 
response to FDEP's request in the November 29, 2012, letter.
    EPA notes that the MVIP was terminated over 12 years ago and as 
mentioned above, on August 15, 2013, FDEP submitted revisions to the 
110(a)(1) maintenance plans for the same counties formerly subject to 
the MVIP. EPA also notes that Florida's August 15, 2013, SIP revision 
included a technical demonstration supporting the State's request to 
relax the applicable RVP standard in the Maintenance Plan Areas. That 
demonstration provides that, were the Maintenance Plan Areas subject to 
the less stringent RVP standard, continued maintenance is demonstrated 
and the ambient air quality standard should not be violated in the 
future. This demonstration of continued maintenance is premised upon 
the absence of the previously-implemented MVIP in the Maintenance Plan 
Areas, and as such, is consistent with the previous analysis 
demonstrating that discontinuing the MVIP in the Maintenance Plan Areas 
would not interfered with the continued maintenance in these Areas.

V. What are the section 110(l) requirements?

    Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (RFP) (as defined in section 171), or any 
other applicable requirement of the Act. EPA's criterion for 
determining the approvability of Florida's August 15, 2013, SIP 
revision is whether the requested action complies with section 110(l) 
of the CAA. Because the modeling associated with the current 
maintenance plans for Florida are premised in part upon the 7.8 psi RVP 
requirements, a request to revise the maintenance plan modeling to no 
longer rely on the 7.8 psi RVP requirement is subject to the 
requirements of CAA section 110(l). Therefore, the State must 
demonstrate that its August 15, 2013, SIP revision will not interfere 
with the attainment or maintenance of any of the NAAQS or any other 
applicable requirement of the CAA. As discussed above, it should also 
be noted that Florida's technical demonstration in its August 15, 2013, 
SIP revision accounts for the absence of the previously-implemented 
inspection and maintenance programs in the Maintenance Plan Areas.
    The section 110(l) non-interference demonstration is a case-by-case 
determination based upon the circumstances of each SIP revision. EPA 
interprets 110(l) as applying to all NAAQS that are in effect, 
including those that have been promulgated, but for which the EPA has 
not yet made designations. The specific elements of the 110(l) analysis 
contained in the SIP revision depend on the circumstances and emissions 
analyses associated with that revision. EPA's analysis of Florida's 
August 15, 2013, SIP revision, including review of section 110(l) 
requirements, is provided below.
    Finally, EPA notes that this rulemaking is only proposing to 
approve the State's revision to its existing maintenance plans for the 
Maintenance Plan Areas showing that the areas can continue to maintain 
the standard without the emission reductions attributable to the 
previously-implemented inspection and maintenance program, and without 
relying upon gasoline with an RVP of 7.8 psi being sold in the Areas 
during the high ozone season. Consistent with CAA section 211(h) and 
the Phase II volatility regulations, a separate rulemaking is required 
for relaxation of the current requirement to use gasoline with an RVP 
of 7.8 psi in the Area.

VI. What is EPA's analysis of Florida's submittal and request?

a. Overall Preliminary Conclusions for Non-Interference Analyses for 
Florida's Request for Removal of the Federal RVP Requirement

    On August 15, 2013, FDEP submitted revisions to the 110(a)(1) 
maintenance plans for the Maintenance Plan Areas. The submission 
modifies the existing 110(a)(1) maintenance plans to account for a less 
stringent applicable RVP gasoline requirement of 9.0 psi for these

[[Page 67094]]

areas. Florida's August 15, 2013, SIP revision includes an evaluation 
of the impact that the removal of the 7.8 psi RVP requirement would 
have on maintenance of the 1997 and 2008 ozone standards and on other 
the applicable NAAQS. Florida's August 15, 2013, SIP revision also 
includes an update to the attainment inventory, emissions projections 
and air quality data which continues to account for the absence of the 
previously-implemented inspection and maintenance programs, and the 7.8 
psi RVP requirements for the Maintenance Plan Areas.
    For the purposes of these changes, EPA is making the preliminary 
determination that the applicable NAAQS \8\ of interest for the non-
interference demonstration required by section 110(l) of the CAA are 
the ozone, particulate matter and nitrogen dioxide (NO2) 
standards. VOC and NOx emissions are precursors for ozone and 
particulate matter (PM), and NO2 is a component of NOx. 
There are no emissions reductions attributable to the emissions of 
lead, sulfur dioxide (SO2), or carbon monoxide (CO) from RVP 
requirements. As a result, there is no information indicating the 
proposed SIP revision would have any impact on those NAAQS. Therefore, 
EPA's analysis below focuses on the impact of Florida's changes to the 
RVP requirements on the ozone, particulate matter and NO2 
NAAQS.
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    \8\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2.
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    Florida's August 15, 2013, SIP revision, includes revised mobile 
source emissions modeling using EPA's approved models--Motor Vehicle 
Emissions Simulator (MOVES) and NONROAD2008--to support the request to 
modify the RVP gasoline requirement from 7.8 psi to 9.0 psi, and 
accounts for the removal of the previously-implemented inspection and 
maintenance program for the Areas. In that technical demonstration, 
FDEP provided information regarding the emissions trends from the 
maintenance plans for the 1997 8-hour ozone NAAQS. To determine these 
emissions, FDEP's maintenance demonstration compared the 2002 baseline 
emissions inventory to the 2018 projected emissions inventory for each 
Maintenance Plan Area. FDEP used 7.8 RVP for model years 2002, 2009 and 
2011 and 9.0 RVP for model year 2014 and 2018, and did not include 
inspection and maintenance programs in any of the Areas. FDEP concluded 
that if projected emissions remain at or below the baseline emissions, 
continued maintenance is demonstrated and the ambient air quality 
standard should not be violated in the future. In addition to comparing 
the final year of the plan, all of the interim years are compared to 
the 2002 baseline to demonstrate that these years are also expected to 
show continued maintenance of the 8-hour ozone NAAQS as shown below in 
tables 1 and 2.
    While the remainder of this rulemaking is focused on the emission 
impacts related to the potential relaxation of the Federal RVP 
requirements from 7.8 psi to 9.0 psi in the Maintenance Plan Areas, it 
should be noted that since the time that EPA removed the emission 
reductions attributable to the previously-implemented inspection and 
maintenance programs in the areas, no credit for inspection and 
maintenance programs has been taken in the Florida SIP. Only the 
residual regulatory citation and language remained in the Florida SIP. 
Today's action is proposing to remove this residual regulatory citation 
and language from the Florida SIP based on the technical demonstration 
that accounts for the absence of the inspection and maintenance 
programs in the Maintenance Plan Areas.
    Relaxation of the RVP standard from 7.8 to 9.0 psi revealed a 
slight increase in NOx and VOC emissions. Notwithstanding this slight 
increase, EPA believes the most appropriate analysis for purposes of 
evaluating non-interference is whether total area emissions in the 
future years would remain at or below the level determined to be 
consistent with maintenance of the NAAQS. The State's emission analysis 
is comprised of two different man-made emission inventory source 
classifications; (1) on-road mobile and (2) off-road mobile, which are 
each discussed below.
    On-road mobile sources are those vehicles that travel on the 
roadways. The MOVES model uses the road class vehicle miles traveled 
(VMT) and other operating conditions as input parameters to generate an 
output file that contain estimated emissions. For the projected years' 
inventories, the on-road mobile sources emissions are calculated using 
the MOVES mobile model for the future year with the projected VMT to 
generate emissions that take into consideration expected Federal 
tailpipe standards, fleet turnover and new fuel standards.
    Off-road mobile sources are equipment that can move but do not use 
the roadways (i.e., lawn mowers, construction equipment, railroad 
locomotives, aircraft). With the exception of the railroad locomotives 
and aircraft engines, the emissions from this category are calculated 
using the EPA's NONROAD2008 non-road mobile model. The railroad 
locomotive and aircraft engine emissions are estimated by taking an 
activity and multiply by an emission factor. Total off-road mobile 
source emissions represent the sum of emissions generated by the 
NONROAD 2008 model and emissions calculated for aircraft and railroad 
locomotives.
    As noted above, although the revised emissions analysis showed 
slight increases in NOX and VOC emissions for on-road and 
off-road mobile sources when the less-stringent RVP standard was used, 
the Maintenance Plan Areas nonetheless continue to demonstrate a 
downward trend in NOX and VOC emissions through all future 
years. Tables 1 and 2 below provide the emission analysis results for 
total on-road, area, point and non-road emissions in the Maintenance 
Plan Areas using a less-stringent RVP standards of 9.0 psi for years 
2014 and 2018. Tables 3 and 4 below show a comparison of VOC and 
NOX estimates for 2009 and projected emissions for 2018 if 
the 7.8 psi RVP remained in place.

                                Table 1--Total Man-Made VOC Emissions (tons per day (tpd)) for the Maintenance Plan Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                2002            2005            2008            2011            2014            2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Jacksonville Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duval...................................................           138.9           127.4           116.0           107.3           104.2           103.9
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 67095]]

 
                                                                 Southeast Florida Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Broward.................................................           207.6           191.6           175.6           165.6           162.4           165.2
Dade....................................................           276.7           257.4           238.0           224.4           218.7           219.9
Palm Beach..............................................           180.1           164.1           148.1           136.6           131.0           129.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Tampa Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hillsborough............................................           165.1           152.2           139.3           129.5           125.8           125.3
Pinellas................................................           135.1           124.7           114.3           106.7           104.3           104.8
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                       Table 2--Total Man-Made NOX Emissions (tpd) for the Maintenance Plan Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         County                                2002            2005            2008            2011            2014            2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Jacksonville Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duval...................................................           259.4           188.2           127.1            90.5            64.3            62.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Southeast Florida Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Broward.................................................           263.4           208.3           153.2           112.5            88.9            67.7
Dade....................................................           294.3           247.8           201.3           160.3           131.6           102.5
Palm Beach..............................................           189.7           154.1           118.5            89.1            71.2            56.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Tampa Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hillsborough............................................           315.5           230.4           145.2            99.0            82.5            66.4
Pinellas................................................           152.4           122.0            91.6            68.1            55.3            44.6
--------------------------------------------------------------------------------------------------------------------------------------------------------


           Table 3--Total Man-Made VOC Emissions (tons per summer day) for the Maintenance Plan Areas
----------------------------------------------------------------------------------------------------------------
                                                                       2009                    2018
                             County                              -----------------------------------------------
                                                                      7.8 RVP         7.8 RVP         9.0 RVP
----------------------------------------------------------------------------------------------------------------
                                                Jacksonville Area
----------------------------------------------------------------------------------------------------------------
Duval...........................................................           112.1           103.1           103.9
----------------------------------------------------------------------------------------------------------------
                                             Southeast Florida Area
----------------------------------------------------------------------------------------------------------------
Broward.........................................................           170.1           164.1           165.2
Dade............................................................           231.6           218.3           219.9
Palm Beach......................................................           142.9           128.3           129.6
----------------------------------------------------------------------------------------------------------------
                                                   Tampa Area
----------------------------------------------------------------------------------------------------------------
Hillsborough....................................................           135.0           124.3           125.3
Pinellas........................................................           110.9           103.9           104.8
----------------------------------------------------------------------------------------------------------------


           Table 4--Total Man-Made NOX Emissions (tons per summer day) for the Maintenance Plan Areas
----------------------------------------------------------------------------------------------------------------
                                                                       2009                    2018
                             County                              -----------------------------------------------
                                                                      7.8 RVP         7.8 RVP         9.0 RVP
----------------------------------------------------------------------------------------------------------------
                                                Jacksonville Area
----------------------------------------------------------------------------------------------------------------
Duval...........................................................           106.6            62.2            62.3
----------------------------------------------------------------------------------------------------------------
                                             Southeast Florida Area
----------------------------------------------------------------------------------------------------------------
Broward.........................................................           134.8            67.6            67.7
Hillsborough....................................................           116.8            66.3            66.4
Dade............................................................           185.8           102.3           102.5
Palm Beach......................................................           106.6            56.4            56.5
----------------------------------------------------------------------------------------------------------------
                                                   Tampa Area
----------------------------------------------------------------------------------------------------------------
Hillsborough....................................................           116.8            66.3            66.4

[[Page 67096]]

 
Pinellas........................................................            81.4            44.5            44.6
----------------------------------------------------------------------------------------------------------------

    As Tables 1 and 2 indicate, NOX and VOC emissions in the 
Maintenance Plan Areas will continue to decrease, even with the 
increase in high ozone season fuel RVP to 9.0 psi. The slight increase 
in emissions as shown in Tables 3 and 4 is being mitigated area-wide by 
a steady decrease in tailpipe emissions, which is the result of a 
cleaner new vehicle fleet replacing the older fleet and other Federal 
and State emissions reduction programs. As discussed below, based on 
this data, together with air quality data, and maintenance 
demonstrations and attainment designations for the NAAQS, EPA is making 
the preliminary determination that the slight increase in 
NOX and VOC emissions resulting from this change will not 
interfere with the Maintenance Plan Areas' ability to maintain the 
NAAQS, or any other applicable requirement. More details on the 
individual non-interference analyses for the ozone, PM, and 
NO2 NAAQS are provided below.

b. Non-Interference Analysis for the Ozone NAAQS

    As described above, each of the Maintenance Plan Areas was 
redesignated to attainment for purposes of the 1-hour ozone NAAQS. 
These redesignations were based upon Florida redesignation requests for 
each Maintenance Plan Area which included the required 1-hour ozone 
monitoring data and maintenance plans ensuring the areas would remain 
in attainment of the 1-hour ozone NAAQS for at least a period of 10 
years (consistent with CAA 175A(a)). These maintenance plan 
requirements remained in place for the counties when they were 
subsequently designated unclassifiable/attainment on April 30, 2004, 
for the 1997 8-hour ozone NAAQS (69 FR 23858) effective June 15, 2004. 
However, because these 1997 8-hour ozone unclassifiable/attainment 
areas had existing maintenance plans pursuant to the 1-hour ozone 
NAAQS, they were required to submit a 10-year 110(a)(1) maintenance 
plan for purposes of the 1997 8-hour ozone NAAQS. As required, 
110(a)(1) maintenance plans provide for continued attainment and 
maintenance of the 1997 8-hour ozone NAAQS for at least 10 years from 
the effective date of these areas' designation as unclassifiable/
attainment for the 1997 8-hour ozone NAAQS. As a previous 1-hour ozone 
nonattainment areas, the Maintenance Plan Areas were already subject to 
the Federal RVP requirements for high ozone season gasoline. Although 
originally implemented for the 1-hour ozone NAAQS, these Federal RVP 
requirements continued to apply to the Maintenance Plan Areas per the 
110(a)(1) maintenance plans required to show continued attainment and 
maintenance of the 1997 8-hour ozone NAAQS.
    The Maintenance Plan Areas are continuing to meet the 1-hour and 
1997 8-hour ozone NAAQS,\9\ and are meeting the 2008 8-hour ozone 
NAAQS, based on recent air quality monitoring data. The 2008 ozone 
NAAQS is met when the annual fourth-highest daily maximum 8-hour 
average concentration, averaged over 3 years is 0.075 parts per million 
(ppm) or less. The current design values for ozone for the Maintenance 
Plan Areas are shown in Table 5 with the highest design value in the 
Area being 0.072 ppm in 2012. EPA also evaluated the potential increase 
in the VOC and NOX precursor emissions, and whether it is 
reasonable to conclude that the requested change to RVP requirements in 
the Areas during the high ozone season would cause the Maintenance Plan 
Areas to be out of compliance with the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \9\ The air quality design value for the 8-hour ozone NAAQS is 
the 3-year average of the annual 4th highest daily maximum 8-hour 
ozone concentration. The level of the 2008 8-hour ozone NAAQS is 
0.075 ppm. The 2008 8-hour ozone NAAQS is not met when the design 
value is greater than 0.075 ppm.
---------------------------------------------------------------------------

    Table 5 below show the design value (DV) for the Maintenance Plan 
Areas currently show attainment of the 2008 8-hour NAAQS based upon the 
most recent design values.

                                                               Table 5--Area Design Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2005-2007 DV    2006-2008 DV    2007-2009 DV    2008-2010 DV    2009-2011 DV    2010-2012 DV
                         County                                (ppm)           (ppm)           (ppm)           (ppm)           (ppm)           (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Jacksonville Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duval...................................................           0.077           0.075           0.070           0.068           0.067           0.065
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Southeast Florida Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Broward.................................................           0.067           0.068           0.063           0.062           0.060           0.059
Dade....................................................           0.074           0.074           0.069           0.068           0.065           0.065
Palm Beach..............................................           0.065           0.067           0.065           0.065           0.063           0.063
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Tampa Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hillsborough............................................           0.081           0.081           0.079           0.075           0.073           0.072
Pinellas................................................           0.072           0.072           0.069           0.067           0.066           0.067
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In light of the current designations, monitoring and emissions 
trend data showing attainment and the submitted modeling, including the 
fact that the NOX emissions inventories are projected

[[Page 67097]]

to continue to significantly decrease,\10\ EPA has preliminarily 
determined that the revised modeling associated with Florida's 
technical demonstration related to the State's request to change to the 
RVP requirement for the Maintenance Plan Areas will not interfere with 
continued attainment of the ozone NAAQS.
---------------------------------------------------------------------------

    \10\ Future decreases in the inventory are an order of magnitude 
greater than the increases associated with the change in RVP.
---------------------------------------------------------------------------

c. Non-Interference Analysis for the PM NAAQS

    The precursors for fine particulate matter less than 2.5 
micrometers (PM2.5) are NOX, SO2, VOC 
and ammonia. As mentioned earlier in this rulemaking, the RVP 
requirements result in emissions benefits for VOC and NOX, 
accordingly EPA focused on these precursors for the analysis of the 
potential impact of Florida's requested SIP change.
    On July 18, 1997 (62 FR 36852), EPA established an annual 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. At that time, EPA also established a 24-hour NAAQS of 
65 [mu]g/m\3\. See 40 CFR 50.7. On October 17, 2006 (71 FR 61144), EPA 
retained the 1997 annual PM2.5 NAAQS at 15.0 [mu]g/m\3\ 
based on a 3-year average of annual mean PM2.5 
concentrations, and promulgated a new 24-hour NAAQS of 35 [mu]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. On January 15, 2013 (78 FR 3086), EPA established an 
annual primary PM2.5 NAAQS at 12.0 [mu]g/m\3\ based on a 3-
year average of annual mean PM2.5 concentrations. At that 
time, EPA retained the 2006 24-hour NAAQS at 35 [mu]g/m\3\ based on a 
3-year average of the 98th percentile of 24-hour concentrations.\11\
---------------------------------------------------------------------------

    \11\ EPA also retained the 1997 annual PM2.5 NAAQS of 
15.0 [mu]g/m\3\ as a secondary NAAQS to protect against certain 
welfare effects and EPA retained the 1997 24-hour PM2.5 
NAAQS of 65 [mu]g/m\3\.
---------------------------------------------------------------------------

    On January 5, 2005 (70 FR 944), all counties in the Maintenance 
Plan Areas were designated unclassifiable/attainment for the 1997 
annual PM2.5 standards, and on November 13, 2009 (74 FR 
58688), all counties in the Areas were designated unclassifiable/
attainment for the 2006 24-hour PM2.5 NAAQS. As Table 6 
indicates the PM2.5 annual and 24-hour design values 
demonstrate attainment of the respective NAAQS for the Maintenance Plan 
Areas.

                                          Table 6--PM2.5 Design Values
----------------------------------------------------------------------------------------------------------------
                            Year                               2007-2009    2008-2010    2009-2011    2010-2012
----------------------------------------------------------------------------------------------------------------
                                               Annual Design Value
----------------------------------------------------------------------------------------------------------------
                                                Jacksonville Area
----------------------------------------------------------------------------------------------------------------
Duval.......................................................          9.0          8.6          8.4          8.1
----------------------------------------------------------------------------------------------------------------
                                             Southeast Florida Area
----------------------------------------------------------------------------------------------------------------
Broward.....................................................          7.3          7.0          6.8          6.7
Dade........................................................          8.0          7.8          7.5          7.5
Palm Beach..................................................          6.5          6.3          6.3          7.1
----------------------------------------------------------------------------------------------------------------
                                                   Tampa Area
----------------------------------------------------------------------------------------------------------------
Pinellas....................................................          8.2          7.9          7.7          7.5
----------------------------------------------------------------------------------------------------------------
                                              24-Hour Design Value
----------------------------------------------------------------------------------------------------------------
                                                Jacksonville Area
----------------------------------------------------------------------------------------------------------------
Duval.......................................................           21           18           22           21
----------------------------------------------------------------------------------------------------------------
                                             Southeast Florida Area
----------------------------------------------------------------------------------------------------------------
Broward.....................................................           18           16           15           15
Dade........................................................           18           16           14           14
Palm Beach..................................................           17           14           14           16
----------------------------------------------------------------------------------------------------------------
                                                   Tampa Area
----------------------------------------------------------------------------------------------------------------
Pinellas....................................................           18           16           16           16
----------------------------------------------------------------------------------------------------------------

    As noted above, although the revised emissions analysis showed 
slight increases in the PM precursor emissions (NOX and VOC) 
associated with the less-stringent RVP standard, the Maintenance Plan 
Areas nonetheless continue to demonstrate a downward trend in 
NOX and VOC emissions through all future years. Therefore, 
EPA does not expect the RVP revision to have a significant effect on 
continued maintenance of the PM NAAQS. EPA has preliminarily determined 
that a change to the Federal RVP requirement the Areas will not 
interfere with the Areas maintaining the 1997 PM2.5 annual 
or the 2006 24-hour PM2.5 NAAQS.

d. Non-Interference Analysis for the 2010 NO2 NAAQS

    On February 17, 2012 (77 FR 9532), EPA finalized designations for 
the 2010 NO2 NAAQS. All counties in Florida, were designated 
unclassifiable/attainment for the 2010 NO2 NAAQS. Based on 
Florida's August 15, 2013, SIP revision, EPA has evaluated the 
potential increase in the NOx emissions (between June 1st and September 
15th) associated with the proposed less-stringent 9.0 psi RVP 
requirement to determine whether this change would cause the 
Maintenance Plan Areas to violate the 2010 NO2 NAAQS. This 
evaluation indicates that the slight

[[Page 67098]]

increase in NOX emissions associated with the less-stringent 
RVP requirement would be mitigated by a steady decrease in tailpipe 
emissions, which is the result of cleaner new light- and heavy-duty 
vehicle fleets replacing the older fleets. See Tables 2 and 4 above.
    In light of the current designation, including the fact that NOx 
emissions inventories are projected to continue to significantly 
decrease, EPA has preliminarily determined that a change to the Federal 
RVP requirements for the Maintenance Plan Areas would not interfere 
with the continued decline in NOX emissions, nor with 
attainment or maintenance of the 2010 NO2 NAAQS.

VII. Proposed Action

    First, EPA is proposing to approve the State of Florida's August 
15, 2013, SIP revision to its 1997 8-hour ozone NAAQS 110(a)(1) 
Maintenance Plans for the Maintenance Plan Areas. Specifically, EPA is 
proposing to approve the State's showing that the Maintenance Plan 
Areas can continue to maintain the 1997 ozone standard without 
emissions reductions associated with both the previously-implemented 
MVIP, and the use of gasoline with an RVP of 7.8 psi during the high 
ozone season--June 1 through September 15 in the Maintenance Plan 
Areas. Second, EPA is proposing to approve updated attainment 
inventories, emissions projections and air quality monitoring which are 
associated with updated and revised modeling related to the proposed 
change in the applicable RVP standard, and the absence of the 
previously-implemented inspection and maintenance programs for the 
Maintenance Plan Areas. The models used to calculate these projections 
for mobile sources also have been updated to the most currently-
approved versions. Third, EPA is proposing to remove the Florida Code 
Annotated Section 62-242, which pertains to the previously-implemented 
MVIP, from the Florida SIP.
    EPA has preliminarily determined that Florida's August 15, 2013 SIP 
revision, including the technical demonstration associated with the 
State's request for the removal of the Federal RVP requirements, and 
the updated attainment inventory, emissions projections and air quality 
monitoring data, are consistent with the applicable provisions of the 
CAA. Should EPA decide to remove the subject portions of the 
Maintenance Plan Areas from those areas subject to the 7.8 psi Federal 
RVP requirements, such action will occur in a separate, subsequent 
rulemaking.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, October 7, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, Reporting and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 28, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-26850 Filed 11-7-13; 8:45 am]
BILLING CODE 6560-50-P