80 FR 57727 - Approval and Promulgation of Implementation Plans; Florida; Combs Oil Company Variance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 186 (September 25, 2015)
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57727-57729 | |
| FR Document | 2015-24325 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Rules and Regulations] [Pages 57727-57729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24325] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 lakeman.sean@epa.gov. 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. * * * * * (d) * * * [[Page 57729]] EPA-Approved Florida Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit effective EPA approval date Explanation number date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Combs Oil Company.................. ........... 7/31/2009 9/25/2015 [Insert Order Granting Variance citation of from Rule 62- publication]. 296.418(2)(b)2. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-24325 Filed 9-24-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57727
action published in the Proposed Rules ENVIRONMENTAL PROTECTION Implementation Branch, Air, Pesticides
section of today’s Federal Register, AGENCY and Toxics Management Division, U.S.
rather than file an immediate petition Environmental Protection Agency,
for judicial review of this direct final 40 CFR Part 52 Region 4, 61 Forsyth Street SW.,
rule, so that EPA can withdraw this [EPA–R04–OAR–2015–0133; FRL–9934–72– Atlanta, Georgia 30303–8960. Mr.
direct final rule and address the Region 4] Lakeman can be reached by phone at
comment in the proposed rulemaking. (404) 562–9043 or via electronic mail at
This action may not be challenged later Approval and Promulgation of lakeman.sean@epa.gov.
in proceedings to enforce its Implementation Plans; Florida; Combs SUPPLEMENTARY INFORMATION:
requirements (see section 307(b)(2)). Oil Company Variance
I. Background
List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection
Agency (EPA). The Florida Rule 62–296.418 requires
Environmental protection, Air ACTION: Final rule. bulk gasoline plants which began
pollution control, Incorporation by operation on or after August 1, 2007, to
reference, Intergovernmental relations, SUMMARY: The Environmental Protection install and operate vapor collection and
Ozone, Reporting and recordkeeping Agency (EPA) is approving a revision to control systems on their loading racks.
requirements, Volatile organic the State Implementation Plan (SIP) The rule became effective on May 9,
compounds. submitted by the State of Florida 2007, and was submitted to EPA as a
through the Department of proposed SIP revision on May 31, 2007.
Dated: August 11, 2015. Environmental Protection (DEP) on July EPA approved the SIP revision on June
Jared Blumenfeld, 31, 2009. The revision grants a variance 1, 2009 (74 FR 26103).
Regional Administrator, Region IX. to the Combs Oil Company, located in On May 30, 2007, Combs Oil
Naples, Florida. This source specific Company submitted a petition for
Part 52, Chapter I, Title 40 of the Code revision relieves the Combs Oil variance from the requirements of Rule
of Federal Regulations is amended as Company of the requirement to comply 62–296.418(2)(b)2, Florida
follows: with the Florida rule governing Administrative Code (F.A.C.), for its
installation and operation of vapor new bulk gasoline plant. The company
PART 52—APPROVAL AND collection and control systems on operates an existing bulk gasoline plant
PROMULGATION OF loading racks at bulk gasoline plants. in Naples, Florida. The new plant
IMPLEMENTATION PLANS EPA is approving Florida’s July 31, would replace the existing plant and be
2009, source specific SIP revision. constructed at a different site in the
■ 1. The authority citation for Part 52 DATES: This rule will be effective area.
continues to read as follows: October 26, 2015. Under Section 120.542 of the Florida
Authority: 42 U.S.C. 7401 et seq. ADDRESSES: EPA has established a Statutes, the DEP may grant a variance
docket for this action under Docket when the person subject to a rule
Subpart F—California Identification No. EPA–R04–OAR– demonstrates that the purpose of the
2015–0133. All documents in the docket underlying statute will be or has been
■ 2. Section 52.220 is amended by are listed on the www.regulations.gov achieved by other means, or when
adding paragraph (c)(461) to read as Web site. Although listed in the index, application of a rule would create a
follows: some information is not publicly substantial hardship or violate
available, i.e., Confidential Business principles of fairness. The DEP
§ 52.220 Identification of plan. Information or other information whose determined that Combs Oil Company
* * * * * disclosure is restricted by statute. had demonstrated that principles of
(c) * * * Certain other material, such as fairness would be violated because the
copyrighted material, is not placed on facility would have begun operations
(461) New and amended regulations the Internet and will be publicly prior to August 1, 2007, but for delays
were submitted on April 7, 2015 by the available only in hard copy form. in building and relocating to the new
Governor’s designee. Publicly available docket materials are facility related to hurricanes, which
(i) Incorporation by Reference. available either electronically through were beyond the control of the
(A) Monterey Bay Unified Air www.regulations.gov or in hard copy at company. Therefore, the DEP issued an
Pollution Control District. the Air Regulatory Management Section, Order Granting Variance to Combs Oil
Air Planning and Implementation Company on August 20, 2008, relieving
(1) Rule 1002, ‘‘Transfer of Gasoline Branch, Air, Pesticides and Toxics the company from the requirements of
into Vehicle Fuel Tanks,’’ revised on Management Division, U.S. Rule 62–296.418(2)(b)2., F.A.C., for its
December 17, 2014. Environmental Protection Agency, proposed new facility.
(B) Ventura County Air Pollution Region 4, 61 Forsyth Street SW., In a notice of proposed rulemaking
Control District. Atlanta, Georgia 30303–8960. EPA (NPR) published on July 20, 2015, EPA
(1) Rule 74.33, ‘‘Liquefied Petroleum requests that if at all possible, you proposed to approve Florida’s July 31,
contact the person listed in the FOR 2009, SIP revision granting a variance to
Gas Transfer or Dispensing,’’ adopted on
FURTHER INFORMATION CONTACT section to the Combs Oil Company, located in
January 13, 2015.
mstockstill on DSK4VPTVN1PROD with RULES
schedule your inspection. The Regional Naples, Florida. See 80 FR 42763. The
* * * * * Office’s official hours of business are details of Florida’s submittal and the
[FR Doc. 2015–24106 Filed 9–24–15; 8:45 am] Monday through Friday 8:30 a.m. to rationale for EPA’s actions are explained
BILLING CODE 6560–50–P 4:30 p.m., excluding Federal holidays. in the NPR. Comments on the proposed
FOR FURTHER INFORMATION CONTACT: rulemaking were due on or before
Sean Lakeman, Air Regulatory August 19, 2015. No adverse comments
Management Section, Air Planning and were received.
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![Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57729
EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS
State
Permit
Name of source effective EPA approval date Explanation
number date
* * * * * * *
Combs Oil Company .......... .................... 7/31/2009 9/25/2015 [Insert citation of Order Granting Variance from Rule 62–296.418(2)(b)2.
publication].
* * * * * Environmental Protection Agency, requirements for new and upgraded
[FR Doc. 2015–24325 Filed 9–24–15; 8:45 am] Region 4, 61 Forsyth Street SW., gasoline dispensing facilities in the
BILLING CODE 6560–50–P Atlanta, Georgia 30303–8960. EPA State and allowing for the
requests that if at all possible, you decommissioning of existing Stage II
contact the person listed in the FOR equipment. EPA published a proposed
ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT section to rulemaking on July 16, 2015, to approve
AGENCY schedule your inspection. The Regional that SIP revision. The details of
Office’s official hours of business are Georgia’s submittal and the rationale for
40 CFR Part 52 Monday through Friday 8:30 a.m. to EPA’s action are explained in the NPR.
[EPA–R04–OAR–2015–0113; FRL–9934–53– 4:30 p.m., excluding Federal holidays. See 80 FR 42076. The comment period
Region 4] FOR FURTHER INFORMATION CONTACT: for this proposed rulemaking closed on
Kelly Sheckler, Air Regulatory August 17, 2015. EPA did not receive
Air Plan Approval; GA; Removal of Management Section, Air Planning and any comments, adverse or otherwise,
Stage II Gasoline Vapor Recovery Implementation Branch, Pesticides and during the public comment period.
Program Toxics Management Division, Region 4, II. Final Action
AGENCY: Environmental Protection U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia EPA is taking final action to approve
Agency.
30303–8960. Ms. Sheckler’s telephone the January 22, 2015, SIP revision
ACTION: Final rule. submitted by Georgia and remove
number is (404) 562–9222. She can also
SUMMARY: The Environmental Protection be reached via electronic mail at Georgia Rule 391–3–1–.02(2)(zz) from
Agency (EPA) is approving changes to sheckler.kelly@epa.gov. the SIP. This action removes Stage II
the Georgia State Implementation Plan SUPPLEMENTARY INFORMATION: vapor control requirements for new and
(SIP) submitted by the State of Georgia, upgraded gasoline dispensing facilities
I. Background and allows for the decommissioning of
through the Georgia Environmental
Protection Division, on January 22, On November 13, 1992, the State of existing Stage II equipment. EPA has
2015, to remove Stage II vapor control Georgia submitted a SIP revision to determined that Georgia’s January 22,
requirements for new and upgraded address the Stage II requirements 1 for 2015, SIP revision related to the State’s
gasoline dispensing facilities in the the Atlanta 1-Hour Ozone Area.2 EPA Stage II rules is consistent with the CAA
State and to allow for the approved that SIP revision, containing and EPA’s regulations and guidance.
decommissioning of existing Stage II Georgia’s Stage II rule (Georgia Rule III. Statutory and Executive Order
equipment. 391–3–1–.02(2)(zz)—Gasoline Reviews
Dispensing Facilities—Stage II) in a
DATES: This rule will be effective notice published on February 2, 1996. Under the CAA, the Administrator is
October 26, 2015. See 61 FR 3819. On January 22, 2015, required to approve a SIP submission
ADDRESSES: EPA has established a the State submitted a SIP revision to that complies with the provisions of the
docket for this action under Docket EPA with a request to remove its Stage Act and applicable federal regulations.
Identification No. EPA–R04–OAR– II rule from the Georgia SIP thereby See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
2015–0113. All documents in the docket eliminating Stage II vapor control Thus, in reviewing SIP submissions,
are listed on the www.regulations.gov EPA’s role is to approve state choices,
Web site. Although listed in the index, 1 Stage II is a system designed to capture provided that they meet the criteria of
some information may not be publicly displaced vapors that emerge from inside a the CAA. Accordingly, this action
available, i.e., Confidential Business vehicle’s fuel tank, when gasoline is dispensed into merely approves state law as meeting
the tank. There are two basic types of Stage II
Information or other information whose systems, the balance type and the vacuum assist
Federal requirements and does not
disclosure is restricted by statute. type. impose additional requirements beyond
Certain other material, such as 2 On November 6, 1991, EPA designated the those imposed by state law. For that
copyrighted material, is not placed on following counties in and around metropolitan reason, this action:
Atlanta as a serious ozone nonattainment area for
the Internet and will be publicly the 1-hour ozone NAAQS (referred to as the
• Is not a ‘‘significant regulatory action’’
available only in hard copy form. ‘‘Atlanta 1-Hour Ozone Area’’): Cherokee, Clayton, subject to review by the Office of
Publicly available docket materials are Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Management and Budget under
available either electronically through Fulton, Gwinnett, Henry, Paulding, and Rockdale. Executive Order 12866 (58 FR 51735,
mstockstill on DSK4VPTVN1PROD with RULES
56 FR 56694. The ‘‘serious’’ classification triggered
www.regulations.gov or in hard copy at various statutory requirements for the Atlanta 1-
October 4, 1993) and 13563 (76 FR
the Air Regulatory Management Section Hour Ozone Area, including the requirement 3821, January 21, 2011);
(formerly Regulatory Development pursuant to section 182(b)(3) of the CAA for the • Does not impose an information
Section), Air Planning and Area to require all owners and operators of gasoline collection burden under the
dispensing systems to install and operate Stage II.
Implementation Branch (formerly Air EPA redesignated the Atlanta 1-Hour Ozone Area to
provisions of the Paperwork
Planning Branch), Air, Pesticides and attainment for the 1-hour ozone NAAQS, effective Reduction Act (44 U.S.C. 3501 et
Toxics Management Division, U.S. June 14, 2005. See 70 FR 34660 (June 15, 2005). seq.);
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Document Created: 2018-02-26 10:20:10
Document Modified: 2018-02-26 10:20:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 26, 2015. | |
| 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] | |
| FR Citation | 80 FR 57727 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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