Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57727 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 11, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(461) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(461) New and amended regulations 

were submitted on April 7, 2015 by the 

Governor’s designee. 

(i) Incorporation by Reference. 

(A) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 1002, ‘‘Transfer of Gasoline 

into Vehicle Fuel Tanks,’’ revised on 

December 17, 2014. 

(B) Ventura County Air Pollution 

Control District. 

(1) Rule 74.33, ‘‘Liquefied Petroleum 

Gas Transfer or Dispensing,’’ adopted on 

January 13, 2015. 

* * * * * 

[FR Doc. 2015–24106 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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57728 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 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: 

§ 52.520 Identification of plan. 

* * * * * 

(d) * * * 

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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57729 

1Stage 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. 

2On November 6, 1991, EPA designated the 

following counties in and around metropolitan 

Atlanta as a serious ozone nonattainment area for 

the 1-hour ozone NAAQS (referred to as the 

‘‘Atlanta 1-Hour Ozone Area’’): Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, and Rockdale. 

56 FR 56694. The ‘‘serious’’ classification triggered 

various statutory requirements for the Atlanta 1- 

Hour Ozone 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 Stage II. 

EPA redesignated the Atlanta 1-Hour Ozone Area to 

attainment for the 1-hour ozone NAAQS, effective 

June 14, 2005. See 70 FR 34660 (June 15, 2005). 

EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit 

number 

State 

effective 

date 

EPA approval date Explanation 

* * * * * * * 

Combs Oil Company .......... .................... 7/31/2009 9/25/2015 [Insert citation of 

publication].

Order Granting Variance from Rule 62–296.418(2)(b)2. 

* * * * * 

[FR Doc. 2015–24325 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0113; FRL–9934–53– 

Region 4] 

Air Plan Approval; GA; Removal of 

Stage II Gasoline Vapor Recovery 

Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Georgia State Implementation Plan 

(SIP) submitted by the State of Georgia, 

through the Georgia Environmental 

Protection Division, on January 22, 

2015, to remove Stage II vapor control 

requirements for new and upgraded 

gasoline dispensing facilities in the 

State and to allow for the 

decommissioning of existing Stage II 

equipment. 

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– 

2015–0113. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be 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 

(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. 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, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Ms. Sheckler’s telephone 

number is (404) 562–9222. She can also 

be reached via electronic mail at 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 13, 1992, the State of 

Georgia submitted a SIP revision to 

address the Stage II requirements 1 for 

the Atlanta 1-Hour Ozone Area.2 EPA 

approved that SIP revision, containing 

Georgia’s Stage II rule (Georgia Rule 

391–3–1–.02(2)(zz)—Gasoline 

Dispensing Facilities—Stage II) in a 

notice published on February 2, 1996. 

See 61 FR 3819. On January 22, 2015, 

the State submitted a SIP revision to 

EPA with a request to remove its Stage 

II rule from the Georgia SIP thereby 

eliminating Stage II vapor control 

requirements for new and upgraded 

gasoline dispensing facilities in the 

State and allowing for the 

decommissioning of existing Stage II 

equipment. EPA published a proposed 

rulemaking on July 16, 2015, to approve 

that SIP revision. The details of 

Georgia’s submittal and the rationale for 

EPA’s action are explained in the NPR. 

See 80 FR 42076. The comment period 

for this proposed rulemaking closed on 

August 17, 2015. EPA did not receive 

any comments, adverse or otherwise, 

during the public comment period. 

II. Final Action 

EPA is taking final action to approve 

the January 22, 2015, SIP revision 

submitted by Georgia and remove 

Georgia Rule 391–3–1–.02(2)(zz) from 

the SIP. This action removes Stage II 

vapor control requirements for new and 

upgraded gasoline dispensing facilities 

and allows for the decommissioning of 

existing Stage II equipment. EPA has 

determined that Georgia’s January 22, 

2015, SIP revision related to the State’s 

Stage II rules is consistent with the CAA 

and EPA’s regulations and guidance. 

III. 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.); 

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