Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 573 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

* * * * * (e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal/effective date 

EPA approval date Comments 

* * * * * * * 

Revisions for Prevention 

of Significant Deterioration and Board Orders 

No. 85–07, 87–09, and 

88–08.

Statewide ....................... 12/11/85, 

10/26/87, 

9/29/88 

06/4/92, 57 FR 28098 Ref 52.2299(c)(73). 

For Board Order 87–09, the provisions at paragraphs 7(a) and 7(b) have been replaced by 

EPA’s SIP-approval of 30 TAC 39.411(f)(8)(A) 

and 39.605(1)(D). See 1/6/14 [Insert FR page 

number where document begins] 

* * * * * * * 

* * * * * 

[FR Doc. 2013–30229 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0564; FRL–9905–09- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida: NonInterference Demonstration for 

Removal of Federal Low-Reid Vapor 

Pressure Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State of 

Florida’s August 15, 2013, State 

Implementation Plan (SIP) revision to 

the State’s approved maintenance plans 

addressing the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). Florida’s revision provides 

updated modeling and demonstrates 

that the Southeast Florida, Tampa Bay 

and Jacksonville areas would continue 

to maintain the 1997 8-hour ozone 

NAAQS if the currently applicable 

Federal Reid Vapor Pressure (RVP) 

standard for gasoline of 7.8 pounds per 

square inch (psi) was modified to a less 

stringent standard of 9.0 psi for 

Broward, Dade, Duval, Hillsborough, 

Palm Beach and Pinellas Counties 

(hereafter also referred to as the 

‘‘Maintenance Plan Areas’’) during the 

high-ozone season. The State included a 

technical demonstration with the 

August 15, 2013, SIP revision 

demonstrating that the less-stringent 

RVP in these Areas would not interfere 

with continued maintenance of the 1997 

8-hour ozone NAAQS or any other 

applicable standard. Approval of the 

State’s August 15, 2013, SIP revision is 

a prerequisite for EPA’s consideration of 

an amendment to the regulations to 

remove the Maintenance Plan Areas 

from the list of areas that are currently 

subject to the Federal 7.8 psi RVP 

requirements. EPA has determined that 

Florida’s August 15, 2013, SIP revision 

with respect to the revised modeling 

and associated technical demonstration, 

and with respect to the use of updated 

models, is consistent with the 

applicable provisions of the Clean Air 

Act (CAA or Act). Should EPA decide 

to remove the subject portions of the 

Maintenance Plan Areas from those 

areas subject to the 7.8 psi Federal RVP 

requirements, such action will occur in 

a subsequent rulemaking. Also, on 

November 29, 2012, Florida requested 

removal of the existing SIP references to 

the previously-implemented inspection 

and maintenance programs in the 

Maintenance Plan Areas. Based upon a 

noninterference demonstration provided 

by the State, EPA previously approved 

revisions to remove the emission 

reduction credits associated with this 

program from the SIP. Through this 

action, EPA is now removing the 

specific SIP references to the defunct 

inspection and maintenance program 

based upon the State’s earlier 

demonstration of noninterference. 

DATES: This rule is effective February 5, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0564. 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 Regulatory Development Section, 

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 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 


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574 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

1Effective June 15, 2004, Broward, Dade, Duval, 

Hillsborough, Palm Beach and Pinellas Counties in 

Florida were designated unclassifiable/attainment 

for the 1997 8-hour ozone NAAQS. See 69 FR 

23857. The same counties were designated as 

unclassifiable/attainment for the 2008 8-hour ozone 

NAAQS. See 77 FR 30088. 

2As noted above, maintenance areas for the 1- 

hour ozone standard designated attainment/

unclassifiable for the 1997 8-hour ozone standard 

are required to submit a maintenance plan under 

section 110(a)(1) of the CAA demonstrating 

maintenance out to 10 years after designation. See 

69 FR 23996 (Apr. 30, 2004). 

3See 55 FR 23658 (June 11, 1990), 56 FR 24242 

(May 29, 1991) and 56 FR 64704 (Dec. 12, 1991). 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background of the Areas 

II. What is the history of the gasoline 

volatility requirement? 

III. Background of the Motor Vehicle 

Inspection Program 

IV. This Action 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. Background of the Areas 

On November 6, 1991 (56 FR 56694), 

EPA designated the Southeast Florida 

area (i.e., Broward, Dade and Palm 

Beach counties) as Moderate; the 

Jacksonville area (i.e., Duval County) as 

Transitional; and the Tampa area (i.e., 

Hillsborough and Pinellas counties) as 

Marginal nonattainment areas for the 1- 

hour ozone NAAQS. Among the 

requirements applicable to 

nonattainment areas for the 1-hour 

ozone NAAQS was the requirement to 

meet certain volatility standards (known 

as Reid Vapor Pressure or RVP) for 

gasoline sold commercially. See 55 FR 

23658 (June 11, 1990). As discussed in 

greater detail below, as part of the RVP 

requirements associated with these 

nonattainment designations, gasoline 

sold in the 1-hour ozone nonattainment 

areas could not exceed 7.8 psi RVP 

during the high-ozone season months. 

Following implementation of the 7.8 

psi RVP requirement in the Southeast 

Florida, Jacksonville and Tampa areas, 

each area was redesignated to 

attainment for the 1-hour ozone NAAQS 

(60 FR 41 (January 3, 1995); 60 FR 

10326 (February 24, 1995); and 60 FR 

62748 (December 7, 1995), respectively). 

Included with Florida’s redesignation 

requests, the State submitted the 

required 1-hour ozone monitoring data 

and maintenance plans ensuring that 

these areas would remain in attainment 

of the 1-hour ozone standard for at least 

a period of 10 years (consistent with 

CAA section 175A(a)). The maintenance 

plans submitted by Florida followed 

EPA guidance for maintenance areas 

subject to section 175A of the CAA. 

Florida later updated all three 

maintenance plans in accordance with 

section 175(A)(b) to extend the 

maintenance plans to cover additional 

years such that the entire maintenance 

period extended at least 20 years after 

the initial redesignation of these areas to 

attainment for the 1-hour ozone 

NAAQS. 

These 1-hour ozone maintenance plan 

requirements remained in place for the 

Maintenance Plan Areas when they 

were subsequently designated 

unclassifiable/attainment for the 

subsequent 1997 8-hour ozone NAAQS 1

and then designated unclassifiable/

attainment for the revised 2008 8-hour 

ozone NAAQS. See 77 FR 30088, May 

21, 2012. However, the Maintenance 

Plan Areas were required to submit a 

10-year maintenance plan under section 

110(a)(1) of the CAA for the 1997 8-hour 

ozone NAAQS.2 As required, these 

110(a)(1) maintenance plans provide for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS for at 

least 10 years from the effective date of 

these areas’ designation as attainment 

for the 1997 8-hour ozone NAAQS. 

These plans also include components 

demonstrating how each area will 

continue to attain the 1997 8-hour ozone 

NAAQS, and provide contingency 

measures should the area violate the 

NAAQS. Florida’s ozone redesignation 

requests and maintenance plans for the 

Maintenance Plan Areas did not seek 

removal of the 7.8 psi RVP standard, 

and as such, these areas remain subject 

to the 7.8 psi RVP standard per the 

terms of their approved respective 

110(a)(1) maintenance plans. 

II. What is the history of the gasoline 

volatility requirement? 

On August 19, 1987 (52 FR 31274), 

EPA determined that gasoline 

nationwide had become increasingly 

volatile, causing an increase in 

evaporative emissions from gasolinepowered vehicles and equipment. 

Evaporative emissions from gasoline, 

referred to as VOC, are precursors to the 

formation of tropospheric ozone and 

contribute to the nation’s ground-level 

ozone problem. Exposure to groundlevel ozone can reduce lung function 

(thereby aggravating asthma or other 

respiratory conditions), increase 

susceptibility to respiratory infection, 

and may contribute to premature death 

in people with heart and lung disease. 

The most common measure of fuel 

volatility that is useful in evaluating 

gasoline evaporative emissions is RVP. 

Pursuant to section 211(c) of the CAA, 

EPA promulgated regulations on March 

22, 1989 (54 FR 11868), that set 

maximum limits for the RVP of gasoline 

sold during the high-ozone season. 

These regulations constituted Phase I of 

a two-phase nationwide program, which 

was designed to reduce the volatility of 

commercial gasoline during the highozone season. On June 11, 1990 (55 FR 

23658), EPA promulgated more 

stringent volatility controls as Phase II 

of the volatility control program. These 

requirements established maximum 

RVP standards of 9.0 psi or 7.8 psi 

(depending on the State, the month, and 

the area’s initial ozone attainment 

designation with respect to the 1-hour 

ozone NAAQS during the high-ozone 

season). 

The 1990 CAA Amendments 

established a new section, 211(h), to 

address fuel volatility. Section 211(h) 

requires EPA to promulgate regulations 

making it unlawful to sell, offer for sale, 

dispense, supply, offer for supply, 

transport, or introduce into commerce 

gasoline with an RVP level in excess of 

9.0 psi during the high-ozone season. 

Section 211(h) prohibits EPA from 

establishing a volatility standard more 

stringent than 9.0 psi in an attainment 

area, except that EPA may impose a 

lower (more stringent) standard in any 

former ozone nonattainment area 

redesignated to attainment. 

On December 12, 1991 (56 FR 64704), 

EPA modified the Phase II volatility 

regulations to be consistent with section 

211(h) of the CAA. The modified 

regulations prohibited the sale of 

gasoline with an RVP above 9.0 psi in 

all areas designated attainment for 

ozone, beginning in 1992. For areas 

designated as nonattainment, the 

regulations retained the original Phase II 

standards published on June 11, 1990 

(55 FR 23658). 

As stated in the preamble to the Phase 

II volatility controls and reiterated in 

the proposed change to the volatility 

standards published in 1991, EPA will 

rely on states to initiate changes to 

EPA’s volatility program that they 

believe will enhance local air quality 

and/or increase the economic efficiency 

of the program within the limits of CAA 

section 211(h).3 In those rulemakings, 

EPA explained that the Governor of a 

State may petition EPA to set a volatility 

standard less stringent than 7.8 psi for 

some month or months in a 

nonattainment area. The petition must 

demonstrate such a change is 

appropriate because of a particular local 

economic impact and that sufficient 

alternative programs are available to 

achieve attainment and maintenance of 


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the 1-hour ozone NAAQS. A current 

listing of the RVP requirements for 

states can be found on EPA’s Web site 

at: http://www.epa.gov/otaq/fuels/

gasolinefuels/volatility/standards.htm. 

As explained in the December 12, 

1991 (56 FR 64704), Phase II 

rulemaking, EPA believes that 

relaxation of an applicable RVP 

standard in a nonattainment area is best 

accomplished in conjunction with the 

redesignation process. In order for an 

ozone nonattainment area to be 

redesignated as an attainment area, 

section 107(d)(3) of the Act requires the 

state to make a showing, pursuant to 

section 175A of the Act, that the area is 

capable of maintaining attainment for 

the ozone NAAQS for a period of ten 

years after redesignation. Depending on 

the Area’s circumstances, this 

maintenance plan will either 

demonstrate that the area is capable of 

maintaining attainment for ten years 

without the more stringent volatility 

standard or that the more stringent 

volatility standard may be necessary for 

the area to maintain its attainment with 

the ozone NAAQS. Therefore, in the 

context of a request for redesignation, 

EPA will not relax the volatility 

standard unless the state requests a 

relaxation and the maintenance plan 

demonstrates, to the satisfaction of EPA, 

that the area will maintain attainment 

for ten years without the need for the 

more stringent volatility standard. As 

noted above, however, Florida did not 

request relaxation of the applicable 7.8 

psi RVP standard when the Jacksonville, 

Southeast Florida and Tampa Areas 

were redesignated to attainment for the 

1-hour ozone NAAQS. Rather, Florida is 

now seeking to relax the 7.8 psi RVP 

standard after these Areas have been 

redesignated to attainment for the 1- 

hour ozone NAAQS. Accordingly, the 

original modeling and maintenance 

demonstration supporting the section 

110(a)(1) ozone maintenance plans must 

be revised to reflect continued 

attainment under the relaxed 9.0 psi 

RVP standard that the State has 

requested. 

III. Background of the Motor Vehicle 

Inspection Program 

The State of Florida previously 

implemented a motor vehicle inspection 

and maintenance program in the 

Jacksonville, Southeast Florida and 

Tampa areas as part of the State’s 

strategy to meet the 1-hour ozone 

NAAQS. This program was referred to 

as the Motor Vehicle Inspection 

Program (MVIP). On July 1, 2000, the 

Florida legislature terminated the MVIP 

for Jacksonville, Southeast Florida and 

Tampa, and removed the program’s 

statutory authority. As a consequence of 

this repeal, FDEP developed and 

submitted SIP revisions to remove the 

emissions reductions attributable to this 

program in the aforementioned areas 

from the Florida SIP. Specifically, on 

December 10, 1999, FDEP submitted a 

revision to the SIP for the ozone air 

quality maintenance plans for the 

Jacksonville and Southeast Florida 

areas, and on August 29, 2000, for the 

Tampa, Florida area. FDEP’s 

submissions requested the removal of 

the emission reduction credits 

attributable to the MVIP from the future 

year emission projections contained in 

the maintenance plans and provided a 

demonstration that removal of the 

emission reductions associated with the 

MVIP would not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. At the time, 

however, Florida did not also explicitly 

request removal from its SIP of the 

regulatory references to the MVIP 

program. Subsequently, in EPA’s final 

rulemakings, published August 2, 2001 

(66 FR 40137), and August 15, 2002 (67 

FR 53314), the Agency approved the SIP 

revisions removing the emissions 

reductions that were attributable to the 

inspection and maintenance program in 

the Maintenance Plan Areas, but the 

regulatory references to the MVIP 

program remained. 

Florida’s December 10, 1999, and 

August 29, 2000, SIP revisions 

demonstrated that the Maintenance Plan 

Areas could maintain the ozone NAAQS 

without the implementation of the 

MVIP. EPA reviewed the State’s 

emissions inventory and modeling 

analyses and found that they met the 

applicable guidance and requirements. 

Therefore, the State made the necessary 

demonstration that the MVIP was not 

necessary to maintain the ozone 

NAAQS and that attainment of the 

NAAQS for any other pollutant would 

not be affected by removing the MVIP 

from the SIP. However, because EPA did 

not remove Florida Code Annotated 

Section 62–242 from the table of EPAapproved rules at 40 CFR 52.520, on 

November 29, 2012, FDEP submitted a 

letter to EPA requesting that EPA 

remove these now-defunct rules from 

the Florida SIP. In its letter, the State 

noted that these rules relate to the 

defunct MVIP, and also noted EPA’s 

previous rulemakings to remove the 

emissions reductions attributable to this 

program in its SIP. The portion of 

today’s action related to removal of the 

MVIP rules from the SIP is being taken 

in response to the State’s November 29, 

2012, request, and is based upon the 

previously approved non-interference 

demonstration provided by Florida to 

support the removal of the emission 

reduction credits associated with the 

now-defunct inspection and 

maintenance program in the Southeast 

Florida, Tampa Bay and Jacksonville 

areas. 

EPA notes that the section 110(l) noninterference demonstration submitted 

by Florida in support of its requested 

RVP revisions is also premised upon the 

continued non-implementation of the 

now-discontinued MVIP in these areas. 

IV. This Action 

On November 8, 2013 (78 FR 67090), 

EPA proposed approval of Florida’s 

August 15, 2013, SIP revision to the 

State’s approved maintenance plans 

addressing the 1997 8-hour ozone 

NAAQS in the Southeast Florida, 

Tampa Bay and Jacksonville areas. 

Specifically, Florida’s revision, 

including updated modeling, shows that 

these areas would continue to maintain 

the 1997 8-hour ozone standard if the 

currently applicable Federal RVP 

standard for gasoline of 7.8 psi was 

modified to a less stringent standard of 

9.0 psi for Broward, Dade, Duval, 

Hillsborough, Palm Beach and Pinellas 

Counties during the high-ozone season. 

Florida’s August 15, 2013, SIP revision, 

includes updated mobile source 

emissions modeling using EPA’s 

approved models—Motor Vehicle 

Emissions Simulator (MOVES) and 

NONROAD2008—to support the request 

to modify the RVP gasoline requirement 

from 7.8 psi to 9.0 psi. 

Section 110(l) of the CAA 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’s criterion 

for determining the approvability of 

Florida’s August 15, 2013, SIP revision 

is whether the requested action 

complies with section 110(l) of the 

CAA. Because the modeling associated 

with the current maintenance plans for 

Florida are premised in part upon the 

7.8 psi RVP requirement, a request to 

revise the maintenance plan modeling 

to no longer rely on the 7.8 psi RVP 

requirement is subject to the 

requirements of CAA section 110(l). 

Therefore, the State must demonstrate 

that its August 15, 2013, SIP revision 

will not interfere with the attainment or 

maintenance of any of the NAAQS or 

any other applicable requirement of the 

CAA. EPA also notes that Florida’s 

technical demonstration in its August 

15, 2013, SIP revision accounts for the 


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576 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

absence of the previously-implemented 

inspection and maintenance programs 

in the Maintenance Plan Areas. 

The section 110(l) non-interference 

demonstration is a case-by-case 

determination based upon 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 specific elements of 

the 110(l) analysis contained in the SIP 

revision depend on the circumstances 

and emissions analyses associated with 

that revision. EPA’s analysis of Florida’s 

August 15, 2013, SIP revision, including 

review of section 110(l) requirements, 

can be found in the proposed rule 

published on November 8, 2013 (78 FR 

67090). The specific revisions to the 

maintenance plan modeling that EPA is 

approving are the ozone maintenance 

plan attainment inventories, emissions 

projections and air quality monitoring 

data. The revised modeling also utilizes 

updated models to calculate the mobile 

source emissions. 

Also, based on a request by the State 

on November 29, 2012, EPA is removing 

the existing SIP references related to the 

previously-implemented inspection and 

maintenance programs in the 

Maintenance Plan Areas. As discussed 

above, Florida discontinued this 

program and submitted SIP revisions in 

1999 and 2000 to remove the emissions 

reduction credits associated with the 

MVIP program from its SIP. See 66 FR 

40137; 67 FR 53314. At the time, Florida 

demonstrated that removal of these 

emission credits would 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. In addition, the 

State’s technical demonstration 

provided with the August 15, 2013, 

RVP-related SIP revision also 

demonstrates that the less-stringent RVP 

standard and the absence of an 

inspection and maintenance program in 

these areas would not interfere with 

continued maintenance of the 1997 8- 

hour ozone NAAQS or any other 

applicable standard. 

EPA received no adverse comments 

on its proposed action and is therefore 

finalizing the proposed action. 

V. Final Action 

EPA is approving the State of 

Florida’s August 15, 2013, SIP revision 

to its 1997 8-hour ozone NAAQS 

110(a)(1) Maintenance Plans for the 

Maintenance Plan Areas. Specifically, 

EPA is approving the State’s showing 

that the Maintenance Plan Areas can 

continue to maintain the 1997 ozone 

standard without the emissions 

reductions associated with both the 

previously-implemented MVIP, and the 

use of gasoline with an RVP of 7.8 psi 

during the high-ozone season—June 1 

through September 15 in the 

Maintenance Plan Areas. Also, EPA is 

approving the updated attainment 

inventories, emissions projections and 

air quality monitoring which are 

associated with the updated and revised 

modeling related to the change in the 

applicable RVP standard, and the 

absence of the previously-implemented 

inspection and maintenance programs 

for the Maintenance Plan Areas. 

Additionally, EPA is removing Florida 

Code Annotated Section 62–242, which 

pertains to the now-defunct MVIP, from 

the Florida SIP. 

EPA has determined that Florida’s 

August 15, 2013 SIP revision, including 

the technical demonstration associated 

with the State’s request for the removal 

of the Federal RVP requirements, and 

the updated attainment inventory, 

emissions projections and air quality 

monitoring data, and the removal of the 

MVIP-related sections of the Florida SIP 

are consistent with the applicable 

provisions of the CAA. Should EPA 

decide to remove the subject portions of 

the Maintenance Plan Areas from those 

areas subject to the 7.8 psi Federal RVP 

requirements, such action will occur in 

a separate rulemaking. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal that 

complies with the provisions of the Act 

and applicable Federal regulations. 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); 

• 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, October 7, 

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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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 March 7, 2014. 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 


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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 577 

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, 

Lead, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

Dated: December 19, 2013. 

Beverly H. Banister, 

Acting 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. In § 52.520: 

■ a. Amend paragraph (c) by removing 

the heading and all entries for ‘‘Chapter 

62–242 Motor Vehicle Emissions 

Standards and Test Procedures,’’; and 

■ b. Amend paragraph (e) by adding a 

new entry for ‘‘RVP Update for Florida 

1997 8-hour Ozone Maintenance Plans’’ 

at the end of the table. 

The addition reads as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

* * * * * * * 

RVP Update for Florida 1997 8-hour 

Ozone Maintenance Plans.

8/15/13 1/6/14 [Insert citation of publication].

[FR Doc. 2013–31557 Filed 1–3–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0202; FRL–9905–05- 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to Rules and Regulations for 

Control of Air Pollution; Permitting of 

Grandfathered Facilities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions of 

the Texas State Implementation Plan 

(SIP) submitted by the State of Texas on 

July 31, 2002; September 4, 2002; and 

March 1, 2004. These revisions require 

that all grandfathered facilities obtain 

specific permits which include emission 

control methods to achieve mandated 

emission reductions, as required, or 

shutdown; and require that emissions 

from dockside vessels which result from 

operations at grandfathered land-based 

facilities be included in specific 

permits. The revisions also outline 

additional permitting procedures for 

certain grandfathered pipeline 

equipment located in an ozone 

nonattainment area. EPA is approving 

the revisions under the Clean Air Act 

(CAA or Act), and EPA’s regulations. 

DATES: This final rule is effective on 

February 5, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0202. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Barrett (6PD–R), Air Permits 

Section, telephone (214) 665–7227; 

email: barrett.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘our,’’ 

and ‘‘us’’ refers to EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our October 25, 

2013 proposal (78 FR 63929). In that 

notice, we proposed to approve 

revisions to the Texas SIP regarding 30 

TAC Chapter 116, subchapter H: 

‘‘Permits for Grandfathered Facilities’’ 

and Subchapter I: ‘‘Electric Generating 

Facility Permits’’. 

We received one comment on our 

proposal. The comment we received can 

be accessed from the 

www.regulations.gov Web site (Docket 

No. EPA–R06–OAR–2011–0202). The 

discussion below addresses the 

comment we received on our proposed 

action. 

II. Response to Comments 

Comment: We received a comment 

dated November 22, 2013, from the 

Texas Commission on Environmental 

Quality (TCEQ) stating that TCEQ does 

not support the proposed approval of 30 

TAC 116.803. TCEQ noted that on 

September 24, 2013, it withdrew 30 

TAC 116.793 through 116.807 from EPA 

consideration. TCEQ referenced a June 

29, 2011 letter from EPA Region 6 to 

TCEQ. In that letter, EPA returned 

certain subsections of 30 TAC Chapter 

116, subchapter H, specifically 30 TAC 

116.779(a)(10), 116.786(c)(2)(B)(ii)(I), 

116.794(11), 116.795(f), and 116.799(a). 

The returned subsections pertain to 

Texas’ implementation of the hazardous 

air pollution program under section 

112(g) of the Clean Air Act, and are not 

required to be submitted as a revision to 

the Texas SIP. 


sroberts on DSK5SPTVN1PROD with RULES