[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Rules and Regulations]
[Page 2163-2166]
[DOCID:fr14ja08-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2007-0625; FRL-8515-2]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the York (York and Adams Counties) 8-
Hour Ozone Nonattainment Area to Attainment and Approval of the Area's
Maintenance Plan and 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
York (York and Adams Counties) ozone nonattainment area (York Area) be
redesignated as attainment for the 8-hour ozone ambient air quality
standard (NAAQS). EPA is approving the ozone redesignation request for
York Area. In conjunction with its redesignation request, PADEP
submitted a SIP revision consisting of a maintenance plan for York
Area, which EPA is

approving, that provides for continued attainment of the 8-hour ozone
NAAQS for at least 10 years after redesignation. EPA is also approving
the motor vehicle emission budgets (MVEBs) and the adequacy
determination for those MVEBs that are identified in the York Area
maintenance plan for purposes of transportation conformity. In
addition, EPA is approving the 2002 base year inventory for the York
Area that PADEP submitted. EPA is approving the redesignation request,
the maintenance plan, and the 2002 base year emissions inventory as
revisions to the Pennsylvania SIP in accordance with the requirements
of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on February 13,
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0625. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the electronic

docket, some information is not publicly available, i.e., confidential
business information (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 through http://www.regulations.gov or in hard

copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environment
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 24, 2007 (72 FR 60296), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed approval of Pennsylvania's redesignation request and
maintenance plan SIP revisions for the York Area that provide for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation. The NPR also proposed approval of a 2002 base year
emissions inventory for the York Area. The formal SIP revisions were
submitted by PADEP on June 14, 2007. Other specific requirements of
Pennsylvania's redesignation request and maintenance plan SIP
revisions, and the rationales for EPA's proposed actions, are explained
in the NPR and will not be restated here. No public comments were
received on the NPR.
    However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23591, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C.Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the DC Circuit clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. Therefore, the Phase 1 Rule provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D of the CAA as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By limiting the vacatur, the Court let
stand EPA's revocation of the 1-hour standard and those anti-
backsliding provisions of the Phase 1 Rule that had not been
successfully challenged. The June 8 decision reaffirmed the December
22, 2006 decision that EPA had improperly failed to retain measures
required for 1-hour nonattainment areas under the anti-backsliding
provisions of the regulations: (1) Nonattainment area New Source Review
(NSR) requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for the 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain NAAQS. In
addition, the June 8 decision clarified that the Court's reference to
conformity requirements for anti-backsliding purposes was limited to
requiring the continued use of the 1-hour motor vehicle emissions
budgets until 8-hour budgets were available for 8-hour conformity
determinations, which is already required under EPA's conformity
regulations. The Court thus clarified the 1-hour conformity
determinations are not required for anti-backsliding purposes.
    For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.

II. Final Action

    EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and 2002 base year emissions inventory SIP
revisions because they satisfy the requirements for approval. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
June 14, 2007 and determined that it meets the redesignation criteria
set forth in section 107(d)(3)(E) of the CAA. EPA believes that the
redesignation request and monitoring data demonstrate that the York
Area has attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the York Area from
nonattainment to attainment for the 8-hour ozone standard. EPA is
approving the maintenance plan for the York Area submitted on June 14,
2007 as a revision to the Pennsylvania SIP. EPA is also approving the
MVEBs submitted by PADEP in conjunction with its redesignation request.
In addition, EPA is approving the 2002 base year emissions inventory
submitted by PADEP on June 14, 2007 as a revision to the Pennsylvania
SIP. In this final rulemaking, EPA is notifying the public that we have
found that the MVEBs for NOX and VOCs in the York Area for
the 8-hour ozone maintenance plan are adequate and approved for
conformity purposes. As a result of our finding, the York Area must use
the MVEBs from the submitted 8-hour ozone maintenance plan for future
conformity determinations. The adequate and approved MVEBs are provided
in the following table:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (TPD)
------------------------------------------------------------------------
               Budget year                      VOC             NOX
------------------------------------------------------------------------
2009....................................            15.9            22.8
2018....................................             9.0            10.0
------------------------------------------------------------------------

    The York Area is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on sources.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This final rule also does
not have tribal implications because it will not have a substantial
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes, as specified by Executive Order 13175 (65 FR 67249, November 9,
2000). Because this action affects the status of a geographical area,
does not impose any new requirements on sources, or allows the state to
avoid adopting or implementing other requirements, this action also
does not have federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Redesignation is an action that
affects the status of a geographical area and does not impose any new
requirements on sources. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.).

B. Submission to Congress and the Comptroller General

    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
rule 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. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 March 14, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, approving the redesignation of the York Area to
attainment for the 8-hour ozone NAAQS, the associated maintenance plan,
the MVEBs identified in the maintenance plan and the 2002 base year
emission inventory, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: December 27, 2007.
William T. Wisniewski,
 Acting Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry at the end of the table to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *

    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory  SIP        Applicable       State  submittal                           Additional
            revision                geographic area          date         EPA  approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan     York, PA: Adams     06/14/07..........  01/14/08, [Insert
 and 2002 Base Year Emissions      County, York                            page number where
 Inventory.                        County.                                 the document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for York, PA, Adams County
and York County to read as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                                          Pennsylvania-Ozone (8-hour Standard)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Designation \a\                                     Category/classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
York, PA: Adams County, York County.....     02/13/08  Attainment...............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *

[FR Doc. E8-268 Filed 1-11-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Page 13138]
[FR Doc No: 2023-04279]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4684-DR; Docket ID FEMA-2023-0001]

Alabama; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Alabama (FEMA-4684-DR), dated January 15, 2023, and
related determinations.

DATES: This amendment was issued January 31, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Alabama is hereby amended to include permanent work
under the Public Assistance program for those areas determined to have
been adversely affected by the event declared a major disaster by the
President in his declaration of January 15, 2023.

    Barbour, Chambers, and Conecuh Counties for Public Assistance.
    Autauga, Coosa, Dallas, Elmore, Hale, and Tallapoosa Counties
for permanent work [Categories C-G] (already designated for
Individual Assistance and assistance for debris removal and
emergency protective measures [Categories A and B], including direct
federal assistance, under the Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-04279 Filed 3-1-23; 8:45 am]
BILLING CODE 9111-23-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 9, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2001-10707

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  CENTAERO AVIATION LIMITED

Date Filed:  September 20, 2002, as supplemented August 22, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger and cargo charter operations
between:  1) Canada and the United States; 2) third countries and the
United States, via Canada, that make a stopover in Canada for at least
two consecutive nights; and 3) other charters to/from the United States
in accordance with 14 CFR Part 212

Applicant representative:  Victor A. Dominato,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			   			                      Action date:  September
9, 2003

Effective dates of authority granted:  September 9, 2003, through
September 9, 2004.

Basis for approval (bilateral agreement/reciprocity):  United
States-Canada Air Transport Agreement (Agreement)

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:  In the conduct of these operations, the
carrier must adhere to all applicable provisions of the U.S.-Canada
Agreement, and may only use aircraft designed to have a maximum
passenger capacity of not more than 60 seats or a maximum payload
capacity of not more than 18,000 pounds.  Moreover, under this authority
the carrier may conduct charter operations between: 1) Canada and the
United States; and 2) third countries and the United States, via Canada,
that make a stopover in Canada for a t least two consecutive nights.
Other charters to be conducted under this authority, however, are
subject to prior approval under 14 CFR Part 212.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48259-48262]
[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_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    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

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_ADDRESS>
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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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

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,

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

List of Subjects in 40 CFR Part 52

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

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

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

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

Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA-Approved Florida Regulations
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                                                                            State
       State citation  (Section)                Title/subject          effective date      EPA approval date                   Explanation
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                                                                      * * * * * * *
62-252.300............................  Gasoline Dispensing                  5/1/2015  8/12/2015 [Insert
                                         Facilities Stage I Vapor                       citation of
                                         Recovery.                                      publication].

                                                                      * * * * * * *
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* * * * *
[FR Doc. 2015-19721 Filed 8-11-15; 8:45 am]
 BILLING CODE 6560-50-P