80_FR_48414 80 FR 48259 - Approval and Promulgation of Implementation Plans; Florida; Miscellaneous Changes

80 FR 48259 - Approval and Promulgation of Implementation Plans; Florida; Miscellaneous Changes

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48259-48262
FR Document2015-19721

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).

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48259-48262]
From the Federal Register Online  [www.thefederalregister.org]
[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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            State
       State citation  (Section)                Title/subject          effective date      EPA approval date                   Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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



                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                              48259

                                                Subpart PP—South Carolina                                (2) Infrastructure Requirements for the               § 52.2120    Identification of plan.
                                                                                                         2008 Ozone NAAQS’’ at the end of the                  *       *   *       *     *
                                                  4. Section 52.2120(e), is amended by                   table to read as follows:
                                                adding a new entry for ‘‘110(a)(1) and                                                                             (e) * * *

                                                                                      EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                       State effective
                                                           Provision                                             EPA approval date                                         Explanation
                                                                                            date


                                                         *                     *                          *                     *                        *                       *                   *
                                                110(a)(1) and (2) Infrastructure            7/17/2012      8/12/2015 [Insert citation of         Addressing the visibility requirements of 110(a)(2)(J) only.
                                                  Requirements for the 2008                                  publication].
                                                  Ozone NAAQS.



                                                [FR Doc. 2015–19840 Filed 8–11–15; 8:45 a.m.]            OAR–2015–0336, by one of the                          to EPA without going through
                                                BILLING CODE 6560–50–P                                   following methods:                                    www.regulations.gov, your email
                                                                                                            1. www.regulations.gov: Follow the                 address will be automatically captured
                                                                                                         on-line instructions for submitting                   and included as part of the comment
                                                ENVIRONMENTAL PROTECTION                                 comments.                                             that is placed in the public docket and
                                                AGENCY                                                      2. Email: R4–ARMS@epa.gov.                         made available on the Internet. If you
                                                                                                            3. Fax: (404) 562–9019.                            submit an electronic comment, EPA
                                                40 CFR Part 52                                              4. Mail: ‘‘EPA–R04–OAR- 2015–                      recommends that you include your
                                                                                                         0336,’’ Air Regulatory Management                     name and other contact information in
                                                [EPA–R04–OAR–2015–0336; FRL–9932–25–                     Section (formerly Regulatory                          the body of your comment and with any
                                                Region 4]                                                Development Section), Air Planning and                disk or CD–ROM you submit. If EPA
                                                                                                         Implementation Branch (formerly Air                   cannot read your comment due to
                                                Approval and Promulgation of                             Planning Branch), Air, Pesticides and                 technical difficulties and cannot contact
                                                Implementation Plans; Florida;                           Toxics Management Division, U.S.                      you for clarification, EPA may not be
                                                Miscellaneous Changes                                    Environmental Protection Agency,                      able to consider your comment.
                                                                                                         Region 4, 61 Forsyth Street SW.,                      Electronic files should avoid the use of
                                                AGENCY: Environmental Protection
                                                                                                         Atlanta, Georgia 30303–8960.                          special characters, any form of
                                                Agency (EPA).                                               5. Hand Delivery or Courier: Ms.
                                                ACTION: Direct final rule.                                                                                     encryption, and be free of any defects or
                                                                                                         Lynorae Benjamin, Chief, Air Regulatory
                                                                                                                                                               viruses. For additional information
                                                                                                         Management Section, Air Planning and
                                                SUMMARY:    The Environmental Protection                                                                       about EPA’s public docket visit the EPA
                                                                                                         Implementation Branch, Air, Pesticides
                                                Agency (EPA) is approving the State                                                                            Docket Center homepage at http://
                                                                                                         and Toxics Management Division, U.S.
                                                Implementation Plan (SIP) revision                                                                             www.epa.gov/epahome/dockets.htm.
                                                                                                         Environmental Protection Agency,
                                                submitted by the State of Florida                                                                                 Docket: All documents in the
                                                                                                         Region 4, 61 Forsyth Street SW.,
                                                through the Florida Department of                                                                              electronic docket are listed in the
                                                                                                         Atlanta, Georgia 30303–8960. Such
                                                Environmental Protection (FDEP) on                                                                             www.regulations.gov index. Although
                                                                                                         deliveries are only accepted during the
                                                May 1, 2015. This SIP revision seeks to                                                                        listed in the index, some information
                                                                                                         Regional Office’s normal hours of
                                                make changes to the SIP to remove                                                                              may not be publicly available, i.e., CBI
                                                                                                         operation. The Regional Office’s official
                                                certain Stage I vapor control                                                                                  or other information whose disclosure is
                                                                                                         hours of business are Monday through
                                                requirements and to make                                                                                       restricted by statute. Certain other
                                                                                                         Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                administrative changes to the SIP that                                                                         material, such as copyrighted material,
                                                                                                         Federal holidays.
                                                would remove gasoline vapor control                         Instructions: Direct your comments to              is not placed on the Internet and will be
                                                rules that no longer serve a regulatory                  Docket ID No. ‘‘EPA–R04–OAR–2015–                     publicly available only in hard copy
                                                purpose, including rules related to the                  0336’’ EPA’s policy is that all comments              form. Publicly available docket
                                                Stage II vapor control requirements for                  received will be included in the public               materials are available either
                                                new and upgraded gasoline dispensing                     docket without change and may be                      electronically in www.regulations.gov or
                                                facilities in Broward, Miami-Dade, and                   made available online at                              in hard copy at the Air Regulatory
                                                Palm Beach Counties (hereinafter                         www.regulations.gov, including any                    Management Section, Air Planning and
                                                referred to as the ‘‘Southeast Florida                   personal information provided, unless                 Implementation Branch, Air, Pesticides
                                                Area’’). EPA has determined that                         the comment includes information                      and Toxics Management Division, U.S.
                                                Florida’s May 1, 2015, SIP revision is                   claimed to be Confidential Business                   Environmental Protection Agency,
                                                approvable because it is consistent with                 Information (CBI) or other information                Region 4, 61 Forsyth Street SW.,
                                                the Clean Air Act (CAA or Act).                          whose disclosure is restricted by statute.            Atlanta, Georgia 30303–8960. EPA
                                                DATES: This direct final rule is effective               Do not submit through                                 requests that if at all possible, you
                                                October 13, 2015 without further notice,                 www.regulations.gov or email,                         contact the person listed in the FOR
                                                unless EPA receives adverse comment                      information that you consider to be CBI               FURTHER INFORMATION CONTACT section to
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                                                by September 11, 2015. If EPA receives                   or otherwise protected. The                           schedule your inspection. The Regional
                                                such comments, it will publish a timely                  www.regulations.gov Web site is an                    Office’s official hours of business are
                                                withdrawal of the direct final rule in the               ‘‘anonymous access’’ system, which                    Monday through Friday, 8:30 a.m. to
                                                Federal Register and inform the public                   means EPA will not know your identity                 4:30 p.m., excluding Federal holidays.
                                                that the rule will not take effect.                      or contact information unless you                     FOR FURTHER INFORMATION CONTACT:
                                                ADDRESSES: Submit your comments,                         provide it in the body of your comment.               Kelly Sheckler, Air Regulatory
                                                identified by Docket ID No. EPA–R04–                     If you send an email comment directly                 Management Section, Air Planning and


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                                                48260            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                Implementation Branch, Air, Pesticides                  Stage II program, thereby maintaining                     revision requests the removal of the
                                                and Toxics Management Division, U.S.                    this program as an active part of its 1-                  following rules from the Florida SIP:
                                                Environmental Protection Agency,                        hour ozone SIP. The redesignation                            • Rule 62–252.100, ‘‘Purpose and
                                                Region 4, 61 Forsyth Street SW.,                        request and maintenance plan was                          Scope’’—this section contains
                                                Atlanta, Georgia 30303–8960. Ms.                        approved by EPA, effective April 25,                      introductory language that serves no
                                                Sheckler’s phone number is (404) 562–                   1995. See 60 FR 10325 (February 24,                       regulatory purpose.
                                                9222. She can also be reached via                       1995). Subsequently, the maintenance                         • Rule 62–252.200, ‘‘Definitions’’—
                                                electronic mail at sheckler.kelly@                      plan was extended by FDEP to 2015 and                     this section contains definitions that are
                                                epa.gov.                                                this extension was approved by EPA,                       rendered unnecessary as they exist in
                                                                                                        effective April 13, 2004. See 69 FR 7127                  Federal regulations at 40 CFR part 63,
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        (February 13, 2004).                                      subpart CCCCCC—National Emissions
                                                I. Background                                              On May 31, 2007, FDEP submitted a                      Standards for Hazardous Air Pollutants
                                                                                                        SIP revision for the purpose of removing                  for Source Category: Gasoline
                                                   On November 6, 1991, EPA
                                                                                                        Stage II vapor control requirements for                   Dispensing Facilities, or are otherwise
                                                designated and classified the Southeast
                                                                                                        new and upgraded gasoline dispensing                      no longer needed.5
                                                Florida Area as a moderate ozone                                                                                     • Rule 62–252.400, ‘‘Gasoline
                                                nonattainment area for the 1-hour ozone                 facilities in the Area; phasing out Stage
                                                                                                        II requirements for existing facilities in                Dispensing Facilities-Stage II Vapor
                                                national ambient air quality standards                                                                            Recovery’’—this section contains
                                                (NAAQS). The nonattainment                              the Area by December 31, 2009;
                                                                                                        requiring new and upgraded gasoline                       requirements for Stage II vapor recovery
                                                designation was based on the Area’s                                                                               systems. This section is obsolete
                                                                                                        dispensing facilities and new bulk
                                                design value for the 1987–1989 three-                                                                             because the rule phased itself out on
                                                                                                        gasoline plant statewide to employ
                                                year period. The ‘‘moderate’’                                                                                     December 31, 2009.
                                                                                                        Stage I; and phasing in Stage I
                                                classification triggered various statutory                                                                           • Rule 62–252.500, ‘‘Gasoline Tanker
                                                                                                        requirements for existing gasoline
                                                requirements for this Area, including                                                                             Trucks’’—this section contains Stage I
                                                                                                        dispensing facilities. This SIP revision
                                                the requirement pursuant to section                                                                               gasoline vapor control requirements that
                                                                                                        included a demonstration pursuant to
                                                182(b)(3) of the CAA for the Area to                                                                              apply to gasoline tanker trucks or
                                                                                                        section 110(l) of the CAA that the
                                                require all owners and operators of                                                                               trailers. The individual requirements of
                                                                                                        removal of the Stage II requirements
                                                gasoline dispensing systems to install                                                                            this section are superseded by 40 CFR
                                                                                                        from the SIP would not interfere with
                                                and operate a system for gasoline vapor                                                                           part 63, subpart CCCCCC, addressed by
                                                                                                        any applicable requirement concerning
                                                recovery of emissions from the fueling                  attainment and reasonable further                         requirements in 62–252.300, or do not
                                                of motor vehicles known as ‘‘Stage II.’’ 1              progress or any other applicable                          have an air quality impact such that
                                                On January 8, 1993, FDEP submitted a                    requirement of the CAA.3 EPA approved                     removal would interfere with
                                                SIP revision to address the Stage II                    Florida’s May 31, 2007, SIP revision on                   attainment or maintenance of the
                                                requirements for the Area. EPA                          June 1, 2009.4 See 74 FR 26103.                           NAAQS in any area in Florida.
                                                approved that SIP revision, containing                                                                               • Rule 62–252.800, ‘‘Penalties’’—this
                                                Florida’s Stage II rules in a notice                    II. Analysis of the State’s Submittal                     section contains language describing the
                                                published on March 24, 1994. See 59 FR                     Florida’s May 1, 2015, SIP revision                    penalty for violation of Chapter 62.252.
                                                13883. At that time, the State had a SIP-               seeks to make changes to the SIP to                       The rule is duplicative of language in
                                                approved Stage I program (see 47 FR                     remove certain Stage I requirements and                   section 403.062 of the Florida Statues
                                                19992 (May 10, 1982)) in place for                      to make administrative changes to the                     and therefore is unnecessary.
                                                ozone nonattainment areas to recover                    SIP that would remove gasoline vapor                         • Rule 62–252.900, ‘‘Form’’—this
                                                gasoline vapors that would otherwise be                 control rules that no longer serve a                      section contains the form adopted under
                                                released when gasoline is transferred                   regulatory purpose, including the rules                   62–252.500 for annual reporting of
                                                from a gasoline tanker truck to a storage               related to the Stage II program that                      pressure and vacuum testing to the State
                                                tank.2                                                  ended on December 31, 2009.                               for gasoline cargo tanks. The form is no
                                                   On November 8, 1993, FDEP                            Specifically, Florida’s May 1, 2015, SIP                  longer necessary with the removal of
                                                submitted to EPA a request to                                                                                     62–252.500.
                                                redesignate the Southwest Florida Area                     3 Section 110(l) requires that a revision to the SIP      EPA is also approving an amendment
                                                to attainment for the 1-hour ozone                      not interfere with any applicable requirement             to Rule 62–252.300, Gasoline
                                                standard and an associated maintenance                  concerning attainment and reasonable further              Dispensing Facilities-Stage I Vapor
                                                                                                        progress (as defined in section 171), or any other        Recovery, to remove obsolete and
                                                plan. The maintenance plan, as required                 applicable requirement of the Act. EPA evaluates
                                                under section 175A of the CAA, showed                   each section 110(l) noninterference demonstration         duplicative language and reorganize the
                                                that nitrogen oxides and volatile organic               on a case-by-case basis considering the                   rule accordingly. The specific changes
                                                compounds emissions in the Area                         circumstances of each SIP revision. EPA interprets        that Florida is requesting are as follows:
                                                would remain below the 1990
                                                                                                        110(l) as applying to all NAAQS that are in effect,          • Remove subsection 62–
                                                                                                        including those that have been promulgated but for
                                                ‘‘attainment year’’ levels through the                  which the EPA has not yet made designations. The
                                                                                                                                                                  252.300(1)(b) because the Stage II
                                                ten-year period from 1995–2005. In                      degree of analysis focused on any particular              Program was phased out by December
                                                making these projections, FDEP factored                 NAAQS in a noninterference demonstration varies           31, 2009.
                                                in the emissions benefit of the Area’s
                                                                                                        depending on the nature of the emissions associated          • Remove subsections 62–
                                                                                                        with the proposed SIP revision.                           252.300(4)(a) and (c) because these
                                                                                                           4 On September 16, 2008, EPA originally
                                                  1 Stage II is a system designed to capture
                                                                                                        published a direct final rule approving the phasing
                                                                                                                                                                  compliance schedules duplicate the
                                                displaced vapors that emerge from inside a              out the Stage II gasoline vapor recovery                  prohibition and control technology
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                                                vehicle’s fuel tank when gasoline is dispensed into     requirements for the Southeast Florida Area (see 73       requirements in subsections 62–
                                                the tank. There are two basic types of Stage II         FR 53378); however, EPA subsequently withdrew             252.300(2) and (3).
                                                systems, the balance type and the vacuum assist
                                                type.
                                                                                                        this direct final rule due to adverse comments (see          • Remove subsection 62–
                                                                                                        73 FR 63639, October 27, 2008). On June 1, 2009,
                                                  2 The State later revised its Stage I program to      after responding to the adverse comment for EPA’s         252.300(4)(b) because the Stage II
                                                cover the entire state and provided this change to      September 16, 2008, direct final rule, EPA finalized
                                                EPA on May 31, 2007, as a SIP revision. EPA             its approval to phase out the Stage II gasoline vapor       5 EPA promulgated subpart CCCCCC on January

                                                approved Florida’s expansion of the Stage I program     recovery requirements for the Southeast Florida           10, 2008, after the statewide implementation of the
                                                on June 1, 2009. See 74 FR 26103.                       Area by December 31, 2009. See 74 FR 26103.               State’s Stage I program.



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                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                        48261

                                                Program was phased out by December                      electronically through                                those imposed by state law. For that
                                                31, 2009.                                               www.regulations.gov and/or in hard                    reason, this action:
                                                  • Remove the outdated compliance                      copy at the appropriate EPA office (see                  • Is not a ‘‘significant regulatory
                                                schedules in subsections 62–                            the ADDRESSES section of this preamble                action’’ subject to review by the Office
                                                252.300(4)(d) and (e) because these                     for more information).                                of Management and Budget under
                                                compliance dates have passed. Stage I                                                                         Executive Order 12866 (58 FR 51735,
                                                Vapor Recovery at gasoline dispensing                   IV. Final Action
                                                                                                                                                              October 4, 1993) and 13563 (76 FR 3821,
                                                facilities throughout Florida was                          EPA is approving Florida’s May 1,                  January 21, 2011);
                                                completed as of January 2010.                           2015, SIP revision which makes changes                   • does not impose an information
                                                  • Renumber the remaining                              to the SIP identified in Section II, above,           collection burden under the provisions
                                                subsections in section 62–252.300 to                    to certain remove Stage I requirements                of the Paperwork Reduction Act (44
                                                reflect the changes identified above.                   and to make administrative changes to                 U.S.C. 3501 et seq.);
                                                  To the extent that any of the rule                    the SIP that would remove gasoline                       • is certified as not having a
                                                changes identified above relate to the                  vapor control rules that no longer serve              significant economic impact on a
                                                Stage II program, EPA is proposing to                   a regulatory purpose, including the                   substantial number of small entities
                                                approve those changes because, as                       rules related to the Stage II program that            under the Regulatory Flexibility Act (5
                                                previously mentioned, EPA approved                      ended on December 31, 2009.                           U.S.C. 601 et seq.);
                                                the phase out of the Stage II program by                   EPA is publishing this rule without                   • does not contain any unfunded
                                                December 31, 2009, along with the                       prior proposal because the Agency                     mandate or significantly or uniquely
                                                State’s demonstration that the removal                  views this as a noncontroversial                      affect small governments, as described
                                                of the Stage II program from the SIP                    submittal and anticipates no adverse                  in the Unfunded Mandates Reform Act
                                                would not interfere with air quality or                 comments. However, in the proposed                    of 1995 (Pub. L. 104–4);
                                                any other applicable requirement of the                 rules section of this Federal Register                   • does not have Federalism
                                                CAA. See 74 FR 26103. To the extent                     publication, EPA is publishing a                      implications as specified in Executive
                                                that the changes relate to the Stage I                  separate document that will serve as the              Order 13132 (64 FR 43255, August 10,
                                                program, EPA has preliminarily                          proposal to approve the SIP revision                  1999);
                                                determined that these changes will not                  should adverse comments be filed. This                   • is not an economically significant
                                                interfere with any applicable                           rule will be effective October 13, 2015               regulatory action based on health or
                                                requirement concerning attainment or                    without further notice unless the                     safety risks subject to Executive Order
                                                any other applicable requirement of the                 Agency receives adverse comments by                   13045 (62 FR 19885, April 23, 1997);
                                                CAA, and therefore satisfy section                      September 11, 2015.                                      • is not a significant regulatory action
                                                110(l), because they remove obsolete                       If EPA receives such comments, then                subject to Executive Order 13211 (66 FR
                                                language due, in part, to superseding                   EPA will publish a document                           28355, May 22, 2001);
                                                Federal requirements in 40 CFR part 63,                 withdrawing the final rule and                           • is not subject to requirements of
                                                subpart CCCCCC; remove requirements                     informing the public that the rule will               Section 12(d) of the National
                                                that are addressed in 62–252.300; or                    not take effect. All adverse comments                 Technology Transfer and Advancement
                                                remove requirements that do not have                    received will then be addressed in a                  Act of 1995 (15 U.S.C. 272 note) because
                                                an air quality impact such that removal                 subsequent final rule based on the                    application of those requirements would
                                                would interfere with attainment or                      proposed rule. EPA will not institute a               be inconsistent with the CAA; and
                                                maintenance of the NAAQS in any area                    second comment period. Parties                           • does not provide EPA with the
                                                in Florida.6                                            interested in commenting should do so                 discretionary authority to address, as
                                                                                                        at this time. If no such comments are                 appropriate, disproportionate human
                                                III. Incorporation by Reference                         received, the public is advised that this             health or environmental effects, using
                                                   In this rule, EPA is finalizing                      rule will be effective on October 13,                 practicable and legally permissible
                                                regulatory text that includes                           2015 and no further action will be taken              methods, under Executive Order 12898
                                                incorporation by reference. In                          on the proposed rule.                                 (59 FR 7629, February 16, 1994).
                                                accordance with requirements of 1 CFR                      Please note that if EPA receives                      In addition, the SIP is not approved
                                                51.5, EPA is finalizing the incorporate                 adverse comment on an amendment,                      to apply on any Indian reservation land
                                                by reference of FDEP Regulation 62–                     paragraph, or section of this rule and if             or in any other area where EPA or an
                                                252.300 entitled ‘‘Gasoline Dispensing                  that provision may be severed from the                Indian tribe has demonstrated that a
                                                Facilities-Stage I Vapor Recovery’’                     remainder of the rule, the Agency may                 tribe has jurisdiction. In those areas of
                                                effective September 24, 2013. EPA has                   adopt as final those provisions of the                Indian country, the rule does not have
                                                made, and will continue to make, these                  rule that are not the subject of an                   tribal implications as specified by
                                                documents generally available                           adverse comment.                                      Executive Order 13175 (65 FR 67249,
                                                                                                                                                              November 9, 2000), nor will it impose
                                                  6 EPA has also evaluated the applicability of CAA
                                                                                                        V. Statutory and Executive Order                      substantial direct costs on tribal
                                                section 193 to the proposed SIP revision. Section       Reviews                                               governments or preempt tribal law.
                                                193 is a general savings clause stating that no           Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                                control requirement in effect before November 15,
                                                1990, in any nonattainment area for any air
                                                                                                        required to approve a SIP submission                  U.S.C. 801 et seq., as added by the Small
                                                pollutant may be modified after November 15, 1990       that complies with the provisions of the              Business Regulatory Enforcement
                                                in any manner unless the modification insures           Act and applicable federal regulations.               Fairness Act of 1996, generally provides
                                                equivalent or greater emission reductions of such       See 42 U.S.C. 7410(k); 40 CFR 52.02(a).               that before a rule may take effect, the
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                                                air pollutant. Although EPA incorporated portions
                                                of Florida’s Stage I program into the SIP in 1982 to
                                                                                                        Thus, in reviewing SIP submissions,                   agency promulgating the rule must
                                                comply with a previous ozone standard (47 FR            EPA’s role is to approve state choices,               submit a rule report, which includes a
                                                19992 (May 10, 1982)), EPA has determined that          provided that they meet the criteria of               copy of the rule, to each House of the
                                                section 193 is not applicable to this proposed action   the CAA. Accordingly, this action                     Congress and to the Comptroller General
                                                because Florida does not currently have any ozone
                                                nonattainment areas. Furthermore, EPA did not
                                                                                                        merely approves state law as meeting                  of the United States. EPA will submit a
                                                incorporate Florida’s Stage II program into the SIP     federal requirements and does not                     report containing this action and other
                                                until March 24, 1994.                                   impose additional requirements beyond                 required information to the U.S. Senate,


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                                                48262              Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                the U.S. House of Representatives, and                    be challenged later in proceedings to                       Authority: 42.U.S.C. 7401 et seq.
                                                the Comptroller General of the United                     enforce its requirements. See section
                                                States prior to publication of the rule in                307(b)(2).                                              Subpart K—Florida
                                                the Federal Register. A major rule
                                                                                                          List of Subjects in 40 CFR Part 52                      ■  2. Section 52.520(c) is amended under
                                                cannot take effect until 60 days after it
                                                is published in the Federal Register.                       Environmental protection, Air                         Chapter 62–252 by:
                                                This action is not a ‘‘major rule’’ as                    pollution control, Incorporation by
                                                                                                                                                                  ■ a. Removing the entries for ‘‘62–252–
                                                defined by 5 U.S.C. 804(2).                               reference, Ozone, Reporting and
                                                                                                                                                                  .100,’’ ‘‘62–252–.200,’’ ‘‘62–252–.400,’’
                                                   Under section 307(b)(1) of the CAA,                    recordkeeping requirements, Volatile
                                                                                                                                                                  ‘‘62–252–.500,’’ ‘‘62–252–.800’’, and
                                                petitions for judicial review of this                     organic compounds.
                                                                                                                                                                  ‘‘62–252–.900’’ and
                                                action must be filed in the United States                   Dated: July 30, 2015.
                                                                                                                                                                  ■ b. Revising the entry for ‘‘62–252–
                                                Court of Appeals for the appropriate                      Heather McTeer Toney,
                                                circuit by October 13, 2015. Filing a                                                                             .300.’’
                                                                                                          Regional Administrator, Region 4.
                                                petition for reconsideration by the                                                                                  The revision reads as follows:
                                                                                                               40 CFR part 52 is amended as follows:
                                                Administrator of this final rule does not
                                                affect the finality of this action for the                                                                        § 52.520    Identification of plan.
                                                                                                          PART 52—APPROVAL AND
                                                purposes of judicial review nor does it                   PROMULGATION OF                                         *       *    *           *   *
                                                extend the time within which a petition                   IMPLEMENTATION PLANS                                        (c) * * *
                                                for judicial review may be filed, and
                                                shall not postpone the effectiveness of                   ■ 1. The authority citation for part 52
                                                such rule or action. This action may not                  continues to read as follows:

                                                                                                         EPA-APPROVED FLORIDA REGULATIONS
                                                     State citation                                                               State effective
                                                                                               Title/subject                                                EPA approval date                      Explanation
                                                       (Section)                                                                       date


                                                        *                          *                *                                *                       *                        *                   *
                                                62–252.300 ...............   Gasoline Dispensing Facilities Stage I                      5/1/2015     8/12/2015 [Insert    citation       of
                                                                              Vapor Recovery.                                                           publication].

                                                           *                        *                         *                      *                       *                        *                   *



                                                *      *       *       *      *                           connected or installed in parallel and to               number for the EPA Docket Center is
                                                [FR Doc. 2015–19721 Filed 8–11–15; 8:45 am]               revise the definition of ‘‘storage vessel.’’            (202) 566–1742.
                                                BILLING CODE 6560–50–P                                    This action finalizes the definition of                 FOR FURTHER INFORMATION CONTACT:     For
                                                                                                          ‘‘low pressure gas well’’ and the                       further information on this action,
                                                                                                          amendments to the storage vessel                        contact Mr. Matthew Witosky, Sector
                                                ENVIRONMENTAL PROTECTION                                  provisions.
                                                AGENCY                                                                                                            Policies and Programs Division (E143–
                                                                                                          DATES: The final rule is effective on                   05), Office of Air Quality Planning and
                                                40 CFR Part 60                                            August 12, 2015.                                        Standards, Environmental Protection
                                                                                                          ADDRESSES: The EPA has established a                    Agency, Research Triangle Park, North
                                                [EPA–HQ–OAR–2010–0505; FRL–9931–76–                       docket for this rulemaking under Docket                 Carolina 27711, telephone number:
                                                OAR]
                                                                                                          ID Number EPA–HQ–OAR–2010–0505.                         (919) 541–2865; facsimile number: (919)
                                                RIN 2060–AS49                                             All documents in the docket are listed                  541–3470; email address:
                                                                                                          in the www.regulations.gov index.                       witosky.matthew@epa.gov. For further
                                                Oil and Natural Gas Sector: Definitions                   Although listed in the index, some                      information on the EPA’s Oil and
                                                of Low Pressure Gas Well and Storage                      information is not publicly available,                  Natural Gas Sector regulatory program
                                                Vessel                                                    e.g., confidential business information                 for air, contact Mr. Bruce Moore, Sector
                                                AGENCY:  Environmental Protection                         or other information whose disclosure is                Policies and Programs Division (E143–
                                                Agency (EPA).                                             restricted by statute. Certain other                    05), Office of Air Quality Planning and
                                                ACTION: Final rule.                                       material, such as copyrighted material,                 Standards, Environmental Protection
                                                                                                          is not placed on the Internet and will be               Agency, Research Triangle Park, North
                                                SUMMARY:   This action finalizes                          publicly available only in hard copy.                   Carolina 27711, telephone number:
                                                amendments to new source performance                      Publicly available docket materials are                 (919) 541–5460; facsimile number: (919)
                                                standards (NSPS) for the Oil and                          available either electronically in                      541–3470; email address: moore.bruce@
                                                Natural Gas Sector. On March 23, 2015,                    regulations.gov or in hard copy at the                  epa.gov.
                                                the Environmental Protection Agency                       EPA Docket Center, EPA WJC West                         SUPPLEMENTARY INFORMATION:
                                                (EPA) re-proposed its definition of ‘‘low                 Building, Room 3334, 1301 Constitution
                                                pressure gas well’’ for notice and                        Ave. NW., Washington, DC. The Public                    I. General Information
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                                                comment to correct a procedural defect                    Reading Room is open from 8:30 a.m. to                  A. Does this reconsideration action
                                                with its prior rulemaking that included                   4:30 p.m., Monday through Friday,                       apply to me?
                                                this definition. The EPA also proposed                    excluding legal holidays. The telephone
                                                to amend the NSPS to remove                               number for the Public Reading Room is                      Categories and entities potentially
                                                provisions concerning storage vessels                     (202) 566–1744, and the telephone                       affected by this action include:




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Document Created: 2016-09-27 22:26:45
Document Modified: 2016-09-27 22:26:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactKelly Sheckler, 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. Ms. Sheckler's phone number is (404) 562- 9222. She can also be reached via electronic mail at [email protected]
FR Citation80 FR 48259 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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