[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72033-72036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28654]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0385; FRL-9903-23-Region 4]


Approval and Promulgation of Implementation Plans; Florida: 
General Requirements and Gasoline Vapor Control; Correcting Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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

SUMMARY: On June 1, 2009, EPA published a final rule in the Federal 
Register approving a Florida State Implementation Plan (SIP) revision, 
submitted through the Florida

[[Page 72034]]

Department of Environmental Protection (FDEP), related to the State's 
gasoline vapor recovery program. This correcting amendment corrects 
errors in the regulatory language in paragraph (c) of EPA's June 1, 
2009, final rule.

DATES: Effective on December 2, 2013.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling 
and Transportation 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. The 
telephone number is (404) 562-9222. Ms. Sheckler can be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: This action corrects inadvertent errors in a 
rulemaking related to Florida's gasoline vapor recovery program SIP 
provision. In summary, this action corrects the effective date for the 
Florida rules included in the regulatory text section of EPA's June 1, 
2009, final rulemaking (74 FR 26103). Specifically, EPA is correcting 
the June 1, 2009, final rule to provide the correct effective date for 
Florida Code Annotated Sections 62-210.300, 62-210.310, 62-210.920, 62-
252.200, 62-252.300, 62-252.400, 62-252.500 and 62-296.418 related to 
the State's gasoline vapor recovery program. In its May 31, 2007, SIP 
revision, FDEP erroneously listed September 4, 2006, as the effective 
date for the gasoline vapor recovery program rules. The correct 
effective date of Florida's rules related to the gasoline vapor 
recovery program, as provided by FDEP in a November 29, 2012, letter, 
is May 9, 2007. This action corrects the regulatory text section of 
EPA's June 1, 2009 final rule approving the Florida ``Gasoline Vapor 
Recovery'' SIP revision to reflect a State effective date of May 9, 
2007. See 74 FR 26103. Today's action also serves to update the State 
effective dates of the relevant rules in the Table of EPA-Approved 
Florida Regulations at 40 CFR 52.520.
    EPA has determined that today's actions fall under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action is 
unnecessary because today's action to correct inadvertent regulatory 
text errors included in EPA's June 1, 2009, final rule is consistent 
with the substantive revision to the Florida SIP described therein 
related to the gasoline vapor recovery program for the Florida SIP. In 
addition, EPA can identify no particular reason why the public would be 
interested in having the opportunity to comment on the correction prior 
to this action being finalized, since this correction action does not 
change EPA's analysis or overall action related to the approval of the 
State's gasoline vapor recovery program into the Florida SIP.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's action merely corrects inadvertent errors for 
the regulatory text of EPA's prior rulemaking for the Florida SIP. For 
these reasons, EPA finds good cause under APA section 553(d)(3) for 
this correction to become effective on the date of publication of this 
action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely corrects an inadvertent error in the regulatory text of EPA's 
June 1, 2009, final rule addressing the gasoline vapor recovery program 
in the Florida SIP, and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this rule merely corrects an inadvertent error 
for the regulatory text of EPA's June 1, 2009, final rule addressing 
the gasoline vapor recovery program in the Florida SIP, and does not 
impose any additional enforceable duty beyond that required by state 
law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also does not have Federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This rule merely corrects inadvertent 
errors in the regulatory text of EPA's June 1, 2009, final rule 
addressing the gasoline vapor recovery program in the Florida SIP, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant. In addition, this rule does not 
involve technical standards, thus the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This rule also does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 72035]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: November 12, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

0
2. Section 52.520(c) is amended:
0
a. Under Chapter 62-210, by revising the entries for ``62-210.300,'' 
``62-210.310,'' and ``62-210.920;''
0
b. Under Chapter 62-252, by revising the entries for ``62-252.200,'' 
``62-252.300,'' ``62-252.400,'' and ``62-252.500;'' and
0
c. Under Chapter 62-296, by revising the entry for ``62-296.418'' to 
read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
         State citation            Title/subject     effective   EPA approval date           Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
                             Chapter 62-210 Stationary Sources-General Requirements
 
                                                  * * * * * * *
62-210.300.....................  Permits Required.     5/9/2007  6/1/2009.........  ............................
                                                                 63 FR 26103......
62-210.310.....................  Air General           5/9/2007  6/1/2009.........  ............................
                                  Permits.                       63 FR 26103......
 
                                                  * * * * * * *
62-210.920.....................  Air General           5/9/2007  6/1/2009.........  ............................
                                  Permit Forms.                  63 FR 26103......
 
                                                 * * * * * * *
                                     Chapter 62-252 Gasoline Vapor Control
 
                                                  * * * * * * *
62-252.200.....................  Definitions......     5/9/2007  6/1/2009.........  ............................
                                                                 63 FR 26103......
62-252.300.....................  Gasoline              5/9/2007  6/1/2009.........  ............................
                                  Dispensing                     63 FR 26103......
                                  Facilities-Stage
                                  I Vapor Recovery.
62-252.400.....................  Gasoline              5/9/2007  6/1/2009.........  ............................
                                  Dispensing                     63 FR 26103......
                                  Facilities Stage
                                  II Vapor
                                  Recovery.
62-252.500.....................  Gasoline Tanker       5/9/2007  6/1/2009.........  ............................
                                  Trucks.                        63 FR 26103......
 
                                                 * * * * * * *
                              Chapter 62-296 Stationary Sources-Emission Standards
 
                                                  * * * * * * *
62-296.418.....................  Bulk Gasoline         5/9/2007  6/1/2009.........  ............................
                                  Plants.                        63 FR 26103......
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 72036]]

* * * * *
[FR Doc. 2013-28654 Filed 11-29-13; 8:45 am]
BILLING CODE 6560-50-P