[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48259-48262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0336; FRL-9932-25-Region 4]


Approval and Promulgation of Implementation Plans; Florida; 
Miscellaneous Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State Implementation Plan (SIP) revision submitted by the State of 
Florida through the Florida Department of Environmental Protection 
(FDEP) on May 1, 2015. This SIP revision seeks to make changes to the 
SIP to remove certain Stage I vapor control requirements and to make 
administrative changes to the SIP that would remove gasoline vapor 
control rules that no longer serve a regulatory purpose, including 
rules related to the Stage II vapor control requirements for new and 
upgraded gasoline dispensing facilities in Broward, Miami-Dade, and 
Palm Beach Counties (hereinafter referred to as the ``Southeast Florida 
Area''). EPA has determined that Florida's May 1, 2015, SIP revision is 
approvable because it is consistent with the Clean Air Act (CAA or 
Act).

DATES: This direct final rule is effective October 13, 2015 without 
further notice, unless EPA receives adverse comment by September 11, 
2015. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0336, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR- 2015-0336,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation Branch (formerly Air Planning Branch), Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0336'' EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at 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 may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and

[[Page 48260]]

Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Ms. Sheckler's phone number is (404) 562-
9222. She can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 6, 1991, EPA designated and classified the Southeast 
Florida Area as a moderate ozone nonattainment area for the 1-hour 
ozone national ambient air quality standards (NAAQS). The nonattainment 
designation was based on the Area's design value for the 1987-1989 
three-year period. The ``moderate'' classification triggered various 
statutory requirements for this Area, including the requirement 
pursuant to section 182(b)(3) of the CAA for the Area to require all 
owners and operators of gasoline dispensing systems to install and 
operate a system for gasoline vapor recovery of emissions from the 
fueling of motor vehicles known as ``Stage II.'' \1\ On January 8, 
1993, FDEP submitted a SIP revision to address the Stage II 
requirements for the Area. EPA approved that SIP revision, containing 
Florida's Stage II rules in a notice published on March 24, 1994. See 
59 FR 13883. At that time, the State had a SIP-approved Stage I program 
(see 47 FR 19992 (May 10, 1982)) in place for ozone nonattainment areas 
to recover gasoline vapors that would otherwise be released when 
gasoline is transferred from a gasoline tanker truck to a storage 
tank.\2\
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    \1\ Stage II is a system designed to capture displaced vapors 
that emerge from inside a vehicle's fuel tank when gasoline is 
dispensed into the tank. There are two basic types of Stage II 
systems, the balance type and the vacuum assist type.
    \2\ The State later revised its Stage I program to cover the 
entire state and provided this change to EPA on May 31, 2007, as a 
SIP revision. EPA approved Florida's expansion of the Stage I 
program on June 1, 2009. See 74 FR 26103.
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    On November 8, 1993, FDEP submitted to EPA a request to redesignate 
the Southwest Florida Area to attainment for the 1-hour ozone standard 
and an associated maintenance plan. The maintenance plan, as required 
under section 175A of the CAA, showed that nitrogen oxides and volatile 
organic compounds emissions in the Area would remain below the 1990 
``attainment year'' levels through the ten-year period from 1995-2005. 
In making these projections, FDEP factored in the emissions benefit of 
the Area's Stage II program, thereby maintaining this program as an 
active part of its 1-hour ozone SIP. The redesignation request and 
maintenance plan was approved by EPA, effective April 25, 1995. See 60 
FR 10325 (February 24, 1995). Subsequently, the maintenance plan was 
extended by FDEP to 2015 and this extension was approved by EPA, 
effective April 13, 2004. See 69 FR 7127 (February 13, 2004).
    On May 31, 2007, FDEP submitted a SIP revision for the purpose of 
removing Stage II vapor control requirements for new and upgraded 
gasoline dispensing facilities in the Area; phasing out Stage II 
requirements for existing facilities in the Area by December 31, 2009; 
requiring new and upgraded gasoline dispensing facilities and new bulk 
gasoline plant statewide to employ Stage I; and phasing in Stage I 
requirements for existing gasoline dispensing facilities. This SIP 
revision included a demonstration pursuant to section 110(l) of the CAA 
that the removal of the Stage II requirements from the SIP would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress or any other applicable requirement of the 
CAA.\3\ EPA approved Florida's May 31, 2007, SIP revision on June 1, 
2009.\4\ See 74 FR 26103.
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    \3\ Section 110(l) requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any 
other applicable requirement of the Act. EPA evaluates each section 
110(l) noninterference demonstration on a case-by-case basis 
considering the circumstances of each SIP revision. EPA interprets 
110(l) as applying to all NAAQS that are in effect, including those 
that have been promulgated but for which the EPA has not yet made 
designations. The degree of analysis focused on any particular NAAQS 
in a noninterference demonstration varies depending on the nature of 
the emissions associated with the proposed SIP revision.
    \4\ On September 16, 2008, EPA originally published a direct 
final rule approving the phasing out the Stage II gasoline vapor 
recovery requirements for the Southeast Florida Area (see 73 FR 
53378); however, EPA subsequently withdrew this direct final rule 
due to adverse comments (see 73 FR 63639, October 27, 2008). On June 
1, 2009, after responding to the adverse comment for EPA's September 
16, 2008, direct final rule, EPA finalized its approval to phase out 
the Stage II gasoline vapor recovery requirements for the Southeast 
Florida Area by December 31, 2009. See 74 FR 26103.
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II. Analysis of the State's Submittal

    Florida's May 1, 2015, SIP revision seeks to make changes to the 
SIP to remove certain Stage I requirements and to make administrative 
changes to the SIP that would remove gasoline vapor control rules that 
no longer serve a regulatory purpose, including the rules related to 
the Stage II program that ended on December 31, 2009. Specifically, 
Florida's May 1, 2015, SIP revision requests the removal of the 
following rules from the Florida SIP:
     Rule 62-252.100, ``Purpose and Scope''--this section 
contains introductory language that serves no regulatory purpose.
     Rule 62-252.200, ``Definitions''--this section contains 
definitions that are rendered unnecessary as they exist in Federal 
regulations at 40 CFR part 63, subpart CCCCCC--National Emissions 
Standards for Hazardous Air Pollutants for Source Category: Gasoline 
Dispensing Facilities, or are otherwise no longer needed.\5\
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    \5\ EPA promulgated subpart CCCCCC on January 10, 2008, after 
the statewide implementation of the State's Stage I program.
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     Rule 62-252.400, ``Gasoline Dispensing Facilities-Stage II 
Vapor Recovery''--this section contains requirements for Stage II vapor 
recovery systems. This section is obsolete because the rule phased 
itself out on December 31, 2009.
     Rule 62-252.500, ``Gasoline Tanker Trucks''--this section 
contains Stage I gasoline vapor control requirements that apply to 
gasoline tanker trucks or trailers. The individual requirements of this 
section are superseded by 40 CFR part 63, subpart CCCCCC, addressed by 
requirements in 62-252.300, or do not have an air quality impact such 
that removal would interfere with attainment or maintenance of the 
NAAQS in any area in Florida.
     Rule 62-252.800, ``Penalties''--this section contains 
language describing the penalty for violation of Chapter 62.252. The 
rule is duplicative of language in section 403.062 of the Florida 
Statues and therefore is unnecessary.
     Rule 62-252.900, ``Form''--this section contains the form 
adopted under 62-252.500 for annual reporting of pressure and vacuum 
testing to the State for gasoline cargo tanks. The form is no longer 
necessary with the removal of 62-252.500.
    EPA is also approving an amendment to Rule 62-252.300, Gasoline 
Dispensing Facilities-Stage I Vapor Recovery, to remove obsolete and 
duplicative language and reorganize the rule accordingly. The specific 
changes that Florida is requesting are as follows:
     Remove subsection 62-252.300(1)(b) because the Stage II 
Program was phased out by December 31, 2009.
     Remove subsections 62-252.300(4)(a) and (c) because these 
compliance schedules duplicate the prohibition and control technology 
requirements in subsections 62-252.300(2) and (3).
     Remove subsection 62-252.300(4)(b) because the Stage II

[[Page 48261]]

Program was phased out by December 31, 2009.
     Remove the outdated compliance schedules in subsections 
62-252.300(4)(d) and (e) because these compliance dates have passed. 
Stage I Vapor Recovery at gasoline dispensing facilities throughout 
Florida was completed as of January 2010.
     Renumber the remaining subsections in section 62-252.300 
to reflect the changes identified above.
    To the extent that any of the rule changes identified above relate 
to the Stage II program, EPA is proposing to approve those changes 
because, as previously mentioned, EPA approved the phase out of the 
Stage II program by December 31, 2009, along with the State's 
demonstration that the removal of the Stage II program from the SIP 
would not interfere with air quality or any other applicable 
requirement of the CAA. See 74 FR 26103. To the extent that the changes 
relate to the Stage I program, EPA has preliminarily determined that 
these changes will not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the CAA, 
and therefore satisfy section 110(l), because they remove obsolete 
language due, in part, to superseding Federal requirements in 40 CFR 
part 63, subpart CCCCCC; remove requirements that are addressed in 62-
252.300; or remove requirements that do not have an air quality impact 
such that removal would interfere with attainment or maintenance of the 
NAAQS in any area in Florida.\6\
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    \6\ EPA has also evaluated the applicability of CAA section 193 
to the proposed SIP revision. Section 193 is a general savings 
clause stating that no control requirement in effect before November 
15, 1990, in any nonattainment area for any air pollutant may be 
modified after November 15, 1990 in any manner unless the 
modification insures equivalent or greater emission reductions of 
such air pollutant. Although EPA incorporated portions of Florida's 
Stage I program into the SIP in 1982 to comply with a previous ozone 
standard (47 FR 19992 (May 10, 1982)), EPA has determined that 
section 193 is not applicable to this proposed action because 
Florida does not currently have any ozone nonattainment areas. 
Furthermore, EPA did not incorporate Florida's Stage II program into 
the SIP until March 24, 1994.
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III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of FDEP Regulation 
62-252.300 entitled ``Gasoline Dispensing Facilities-Stage I Vapor 
Recovery'' effective September 24, 2013. EPA has made, and will 
continue to make, these documents generally available electronically 
through www.regulations.gov and/or in hard copy at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).

IV. Final Action

    EPA is approving Florida's May 1, 2015, SIP revision which makes 
changes to the SIP identified in Section II, above, to certain remove 
Stage I requirements and to make administrative changes to the SIP that 
would remove gasoline vapor control rules that no longer serve a 
regulatory purpose, including the rules related to the Stage II program 
that ended on December 31, 2009.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective October 13, 2015 
without further notice unless the Agency receives adverse comments by 
September 11, 2015.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 13, 2015 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate,

[[Page 48262]]

the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 13, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

0
2. Section 52.520(c) is amended under Chapter 62-252 by:
0
a. Removing the entries for ``62-252-.100,'' ``62-252-.200,'' ``62-
252-.400,'' ``62-252-.500,'' ``62-252-.800'', and ``62-252-.900'' and
0
b. Revising the entry for ``62-252-.300.''
    The revision reads as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Florida Regulations
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                                                                            State
       State citation  (Section)                Title/subject          effective date      EPA approval date                   Explanation
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                                                                      * * * * * * *
62-252.300............................  Gasoline Dispensing                  5/1/2015  8/12/2015 [Insert
                                         Facilities Stage I Vapor                       citation of
                                         Recovery.                                      publication].
 
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[FR Doc. 2015-19721 Filed 8-11-15; 8:45 am]
 BILLING CODE 6560-50-P