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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the State Implementation Plan (SIP) submitted by the State 
of Florida through the Department of Environmental Protection (DEP) on 
July 31, 2009. The revision grants a variance to the Combs Oil Company, 
located in Naples, Florida. This source specific revision relieves the 
Combs Oil Company of the requirement to comply with the Florida rule 
governing installation and operation of vapor collection and control 
systems on loading racks at bulk gasoline plants. EPA is approving 
Florida's July 31, 2009, source specific SIP revision.

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

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0133. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or 
via electronic mail at [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.
    Under Section 120.542 of the Florida Statutes, the DEP may grant a 
variance when the person subject to a rule demonstrates that the 
purpose of the underlying statute will be or has been achieved by other 
means, or when application of a rule would create a substantial 
hardship or violate principles of fairness. The DEP determined that 
Combs Oil Company had demonstrated that principles of fairness would be 
violated because the facility would have begun operations prior to 
August 1, 2007, but for delays in building and relocating to the new 
facility related to hurricanes, which were beyond the control of the 
company. Therefore, the DEP issued an Order Granting Variance to Combs 
Oil Company on August 20, 2008, relieving the company from the 
requirements of Rule 62-296.418(2)(b)2., F.A.C., for its proposed new 
facility.
    In a notice of proposed rulemaking (NPR) published on July 20, 
2015, EPA proposed to approve Florida's July 31, 2009, SIP revision 
granting a variance to the Combs Oil Company, located in Naples, 
Florida. See 80 FR 42763. The details of Florida's submittal and the 
rationale for EPA's actions are explained in the NPR. Comments on the 
proposed rulemaking were due on or before August 19, 2015. No adverse 
comments were received.

[[Page 57728]]

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing incorporate by reference of ``Combs Oil Company 
Source Specific Variance'' order granting variance on August 20, 2008. 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the EPA Region 4 office (see the ADDRESSES section of this 
preamble for more information).

III. Final Action

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

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves a state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 24, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: September 16, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

0
2. Section 52.520(d), is amended by adding a new entry for ``Combs Oil 
Company'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

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    (d) * * *

[[Page 57729]]



                                EPA-Approved Florida Source-Specific Requirements
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                                                     State
           Name of source               Permit     effective     EPA approval date            Explanation
                                        number        date
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                                                  * * * * * * *
Combs Oil Company..................  ...........    7/31/2009  9/25/2015 [Insert      Order Granting Variance
                                                                citation of            from Rule 62-
                                                                publication].          296.418(2)(b)2.
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[FR Doc. 2015-24325 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P