[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42763-42765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17736]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0133; FRL-9930-86-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the State Implementation Plan (SIP) submitted by 
the State of Florida through the Department of Environmental Protection 
(DEP) on July

[[Page 42764]]

31, 2009. The revision grants a variance to the Combs Oil Company, 
located in Naples, Florida. This source specific revision relieves the 
Combs Oil Company of the requirement to comply with the Florida rule 
governing installation and operation of vapor collection and control 
systems on loading racks at bulk gasoline plants. EPA is proposing 
approval of Florida's July 31, 2009, SIP revision.

DATES: Written comments must be received on or before August 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0133, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0133,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0133. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at 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 Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Florida Rule 62-296.418 requires bulk gasoline plants which 
began operation on or after August 1, 2007, to install and operate 
vapor collection and control systems on their loading racks. The rule 
became effective on May 9, 2007, and was submitted to EPA as a proposed 
SIP revision on May 31, 2007. EPA approved the SIP revision on June 1, 
2009 (74 FR 26103).
    On May 30, 2007, Combs Oil Company submitted a petition for 
variance from the requirements of Rule 62-296.418(2)(b)2, Florida 
Administrative Code (F.A.C.), for its new bulk gasoline plant. The 
company operates an existing bulk gasoline plant in Naples, Florida. 
The new plant would replace the existing plant and be constructed at a 
different site in the area. However, between July 2005 and January 
2007, the company experienced substantial construction delays beyond 
its control due to the effects of hurricanes, both in Florida and along 
the upper Gulf Coast. The company experienced delays in obtaining steel 
for the office and loading/tank areas as well as the rationing of steel 
rebar and concrete supplies. Combs Oil Company had invested $67,053 in 
equipment and $40,235 in construction costs for the support structure 
of the loading rack prior to the DEP's initiation of rule 62-
296.418(2)(b)2, requiring a vapor collection and control system on the 
loading racks of new bulk gasoline plants. However, the company was 
unable to complete construction and relocation of its plant by August 
1, 2007, due to the aforementioned construction delays.
    Under Section 120.542 of the Florida Statutes, the DEP may grant a 
variance when the person subject to a rule demonstrates that the 
purpose of the underlying statute will be or has been achieved by other 
means, or when application of a rule would create a substantial 
hardship or violate principles of fairness. The DEP determined that 
Combs Oil Company had demonstrated that principles of fairness would be 
violated because the delays in building and relocating to the new 
facility, related to hurricanes, were beyond the control of the 
company. Therefore, the DEP issued an Order Granting Variance to Combs 
Oil Company on August 20, 2008, relieving the company from the 
requirements of Rule 62-296.418(2)(b)2., F.A.C., for its proposed new 
facility.

II. Analysis of State Submittal

    Section 110(l) of the CAA requires that SIP revisions must not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress. Like the facility it is replacing, the new 
Combs Oil facility is located in Collier County in Southwest Florida. 
Collier County has never been designated nonattainment for any air

[[Page 42765]]

pollutant and, thus, is not subject to any reasonable further progress 
requirements. Air quality monitoring is currently available in the 
county for ozone. A comparison of the Collier County data in relation 
to the National Ambient Air Quality Standards for ozone is indicating 
that value is well within the compliance level. The ozone design value 
for 2011-2013 in Collier County is 0.060 parts per million (ppm).
    The proposed SIP revision involves emissions of volatile organic 
compounds (VOC), a precursor to ozone. For fine particulate matter 
(PM2.5), County-level nitrogen oxide, volatile organic 
compound and ammonia emissions were not considered because ambient 
PM2.5 concentrations in the southeastern U.S. tend to be 
impacted most significantly by emissions of direct PM2.5 
emissions and SO2 emissions. As a result of the time 
involved in the chemical and physical transformations of the precursor 
emissions, the primary impact of the source cannot be explicitly 
determined but can be evaluated in terms of its addition to the county 
and regional emissions from all sources in this area.
    The proposed source is currently operating in the county and is 
simply moving a relatively short distance (1.6 miles) within the same 
general area. Emissions of VOC from gasoline operations at the 
relocated source are estimated to be the same as VOC emissions at the 
existing facility, even when the increased storage capacity at the new 
location is considered. Specifically, VOC emissions are estimated to be 
less than 3 tons per year--minor in comparison to the county total of 
31,816 tons per year. Since ozone concentration levels are currently 
well below the ambient air quality standard of 0.075 ppm, and emissions 
of VOC will not increase as a result of the relocation of this source, 
EPA has preliminary determined that the variance will not interfere 
with the area's ability to continue to maintain the ozone standards. 
Thus, EPA has preliminarily determined that the changes are consistent 
with the Clean Air Act (CAA or Act).

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the ``Combs Oil Company Source Specific Variance'' order 
granting variance on August 20, 2008. EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Final Action

    EPA is proposing to approve a source specific SIP revision 
submitted by the Florida DEP on July 31, 2009. The revision grants a 
variance to the Combs Oil Company, located in Naples, Florida. This 
source specific revision relieves the Combs Oil Company of the 
requirement to comply with the Florida rule governing installation and 
operation of vapor collection and control systems on loading racks at 
bulk gasoline plants. It should be noted that approval of the variance 
for Combs Oil Company only relieves them from the requirements of Rule 
62-296.418(2)(b)2 F.A.C., for its new bulk gasoline plant, it does not 
relieve them from any requirements established in 40 CFR parts 60 and 
63.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves a state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Nitrogen dioxide, 
Particulate Matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17736 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P