67090 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules 

all vessels engaged in submarine cable 

replacement operations under the 

auspices of the Maryland State 

Highways Administration’s 

authorization for repairs at the MD–18B 

Bridge across Kent Island Narrows in 

Queen Anne’s County, Maryland. 

(d) Enforcement periods. This section 

will be enforced daily from 6 a.m. to 6 

p.m., from 8 a.m. on December 2, 2013 

to 6 p.m. on December 15, 2013. 

Dated: October 24, 2013. 

Kevin C. Kiefer, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2013–26971 Filed 11–6–13; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0564; FRL–9902–56- 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

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). 

Specifically, Florida’s revision, 

including updated modeling, shows that 

the Southeast Florida, Tampa Bay and 

Jacksonville areas would continue to 

maintain the 1997 8-hour ozone 

standard 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 

‘‘Maintenance Plan Areas’’) during the 

high-ozone season. Also, based on a 

request by the State on November 29, 

2012, EPA is proposing to remove the 

existing SIP references related to the 

previously-implemented inspection and 

maintenance programs in the 

Maintenance Plan Areas. The State has 

included a technical demonstration 

with the August 15, 2013, SIP revision 

which demonstrate that the lessstringent 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. Approval of 

this 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. The 

specific elements of the maintenance 

plan modeling that EPA is proposing 

update for the Maintenance Plan Areas 

are the ozone maintenance plan 

attainment inventories, emissions 

projections and air quality monitoring 

data. The revised modeling utilizes 

updated models to calculate the mobile 

source emissions. EPA has preliminarily 

determined that Florida’s August 15, 

2013, SIP revision with respect to the 

changes to the modeling and associated 

technical demonstration associated with 

the State’s request for the removal of the 

Federal RVP requirements, 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. EPA has also preliminarily 

determined that removal of the 

regulatory provisions associated with 

the previously-implemented inspection 

and maintenance programs from the 

Maintenance Plan Areas is consistent 

with the applicable provisions of the 

CAA. 

DATES: Written comments must be 

received on or before December 9, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2013–0564 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2013–0564, 

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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. 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–2013– 

0564. 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 is 

not 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 Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 


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1Per the Phase 1 final rule to implement the 1997 

8-hour Ozone standard, anti-backsliding 

provisions—codified at 40 CFR 51.905(a)(4)— 

require maintenance areas for the 1-hour ozone 

standard designated attainment/unclassifiable for 

the 1997 8-hour ozone standard 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). 

2On August 2, 2001 (66 FR 40137), and August 

15, 2002 (67 FR 53314), EPA removed the emission 

reductions attributable to the Motor Vehicle 

Inspection Program in the ozone maintenance plans 

for the Jacksonville (i.e., Duval County), Southeast 

Florida (i.e., Broward, Dade and Palm Beach 

Counties) and Tampa (i.e,. Hillsborough and 

Pinellas Counties) areas. However, in those 

rulemakings, EPA did not remove Florida Code 

Annotated Section 62–242 from the table of EPAapproved rules at 40 CFR 52.520. EPA is now 

proposing to remove these rules from the Florida 

SIP. 

3As discussed further below, a separate 

rulemaking is required for relaxation of the current 

requirement to use gasoline with an RVP of 7.8 psi 

in the Area. While EPA evaluates the approvability 

of Florida’s revision to the maintenance plan 

pursuant to section 110(l), the decision regarding 

removal of Federal RVP requirements pursuant to 

section 211(h) in the Area is made at the discretion 

of the Administrator. 

4 In addition to a less stringent RVP standard, the 

new modeling also utilizes updated models for onroad and off-road mobile emission sources. 

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 of the Regulatory 

Development Section, in the Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman may be reached by phone at 

(404) 562–9043, or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is being proposed? 

II. What is the background of the areas? 

III. What is the history of the gasoline 

volatility requirement? 

IV. What is the history of the Motor Vehicle 

Inspection Program in the areas? 

V. What are the section 110(l) requirements? 

VI. What is EPA’s analysis of Florida’s 

submittal and request? 

VII. Proposed Action 

VIII. Statutory and Executive Order Reviews 

I. What is being proposed? 

Broward, Dade, Duval, Hillsborough, 

Palm Beach and Pinellas counties in 

Florida are currently designated 

attainment for the 1997 8-hour ozone 

NAAQS. As discussed further below, 

these counties were previous 

nonattainment areas for the 1-hour 

ozone NAAQS but were subsequently 

redesignated from nonattainment to 

attainment for this NAAQS, and as 

such, these counties were required to 

implement a ‘‘110(a)(1) ozone 

Maintenance Plan’’ for the 1997 8-hour 

ozone NAAQS.1 This rulemaking 

proposes to approve a revision to the 

110(a)(1) ozone Maintenance Plans for 

the Maintenance Plan Areas submitted 

by the Florida Department of 

Environmental Protection (FDEP). 

Specifically, EPA is proposing to 

approve changes to the previouslyapproved 110(a)(1) ozone Maintenance 

Plans, including updated modeling, that 

show that the Maintenance Plan Areas 

can continue to maintain the 1997 8- 

hour ozone standard without reliance 

on emissions reductions from 

inspection and maintenance programs 

previously implemented in these 

Areas,2 and without the use of gasoline 

with an RVP of 7.8 psi in any of the 

Maintenance Plan Areas during the high 

ozone season—June 1 through 

September 15.3 EPA is also proposing to 

conclude that the new modeling 

associated with these changes 

demonstrates that the Maintenance Plan 

Areas would continue to attain the 1997 

8-hour ozone NAAQS without the 

implementation of an inspection and 

maintenance program and with the use 

of gasoline with an RVP of 9.0 psi 

throughout the Maintenance Plan Areas 

during the high ozone season. 

Consistent with section 110(l) of the 

Act, EPA also proposes to conclude that 

the removal of the regulatory references 

in the Florida SIP to the previouslyimplemented inspection and 

maintenance programs in the 

Maintenance Plan Areas, and the use of 

gasoline with an RVP of 9.0 psi 

throughout the Maintenance Plan Areas 

during the high ozone season would not 

interfere with other applicable 

requirements. 

Specifically, the new modeling 

conducted by Florida to account for the 

proposed relaxation of the applicable 

RVP standard in the Maintenance Plan 

Areas results in changes to the on-road 

mobile and non-road emissions 

associated with the maintenance plans.4

This modeling also accounts for the 

absence of the previously-implemented 

inspection and maintenance programs 

in the Maintenance Plan Areas. As such, 

the Florida SIP revision updates the onroad mobile and non-road source 

emissions for the Areas. EPA is also 

proposing approval of these changes. 

This preamble is hereafter organized 

into six parts. Section II provides the 

background of the designation status for 

the Maintenance Plan Areas with 

respect to the various ozone NAAQS. 

Section III describes the applicable 

history of Federal gasoline regulation. 

Section IV includes the history of the 

inspection and maintenance programs 

in the Maintenance Areas. Section V 

provides the Agency’s policy regarding 

relaxation of the volatility standards. 

Section VI provides EPA’s analysis of 

the information submitted by Florida to 

support: (1) The removal of the 

regulatory references to the previouslyimplemented inspection and 

maintenance programs in the 

Maintenance Plan Areas, and a 

relaxation of the more stringent 

volatility standard in the Areas; (2) 

changes to the on-road mobile and nonroad source emissions associated with 

the 110(a)(1) Maintenance Plan for the 

Areas; and (3) provides EPA’s analysis 

regarding the proposed change. 

II. What is the 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 its 

nonattainment designation, 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 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 


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5Effective 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. 

6As 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). 

7See 55 FR 23658 (June 11, 1990), 56 FR 24242 

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

175(A)(b) to extend the maintenance 

plans to cover additional years such that 

the entire maintenance period was for 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 5

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 ozone 

NAAQS.6 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 an area violate the 

NAAQS. Florida’s ozone redesignation 

requests and maintenance plans for the 

Maintenance Plan Areas did not remove 

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. However, Florida 

did submit, and EPA subsequently 

approved, maintenance plans to remove 

the emission reductions attributable to 

the previously-implemented inspection 

and maintenance in the Maintenance 

Plan Areas. More discussion on the 

history of the gasoline volatility 

requirement, and the history of the 

previously-implemented inspection and 

maintenance programs in the 

Maintenance Plan Areas, is provided 

below. 

III. 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 volatile organic 

compounds (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. 

Under section 211(c) of 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 twophase nationwide program, which was 

designed to reduce the volatility of 

commercial gasoline during the high 

ozone 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 we 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).7 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 

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 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 Area was 

redesignated to attainment for the 1- 

hour ozone NAAQS. Rather, Florida is 

now seeking to relax the 7.8 psi RVP 


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standard after the Area has 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. 

IV. What is the history of the Motor 

Vehicle Inspection Program in the 

areas? 

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 

those plans and provided a 

demonstration that such removals 

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. 

In summary, 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, in EPA’s final 

rulemakings related to Florida’s 

December 10, 1999, and August 29, 

2000, SIP revisions, EPA did not remove 

Florida Code Annotated Section 62–242 

from the table of EPA-approved rules at 

40 CFR 52.520. On November 29, 2012, 

FDEP submitted a letter to EPA 

requesting that EPA remove Rules 62– 

242.100 through 62.242.900 (i.e., entire 

Chapter 62–242) 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. 

Today’s proposed action is being taking 

in response to FDEP’s request in the 

November 29, 2012, letter. 

EPA notes that the MVIP was 

terminated over 12 years ago and as 

mentioned above, on August 15, 2013, 

FDEP submitted revisions to the 

110(a)(1) maintenance plans for the 

same counties formerly subject to the 

MVIP. EPA also notes that Florida’s 

August 15, 2013, SIP revision included 

a technical demonstration supporting 

the State’s request to relax the 

applicable RVP standard in the 

Maintenance Plan Areas. That 

demonstration provides that, were the 

Maintenance Plan Areas subject to the 

less stringent RVP standard, continued 

maintenance is demonstrated and the 

ambient air quality standard should not 

be violated in the future. This 

demonstration of continued 

maintenance is premised upon the 

absence of the previously-implemented 

MVIP in the Maintenance Plan Areas, 

and as such, is consistent with the 

previous analysis demonstrating that 

discontinuing the MVIP in the 

Maintenance Plan Areas would not 

interfered with the continued 

maintenance in these Areas. 

V. What are the section 110(l) 

requirements? 

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 (RFP) (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 requirements, 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. As discussed above, it should also 

be noted that Florida’s technical 

demonstration in its August 15, 2013, 

SIP revision accounts for the 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, is 

provided below. 

Finally, EPA notes that this 

rulemaking is only proposing to approve 

the State’s revision to its existing 

maintenance plans for the Maintenance 

Plan Areas showing that the areas can 

continue to maintain the standard 

without the emission reductions 

attributable to the previouslyimplemented inspection and 

maintenance program, and without 

relying upon gasoline with an RVP of 

7.8 psi being sold in the Areas during 

the high ozone season. Consistent with 

CAA section 211(h) and the Phase II 

volatility regulations, a separate 

rulemaking is required for relaxation of 

the current requirement to use gasoline 

with an RVP of 7.8 psi in the Area. 

VI. What is EPA’s analysis of Florida’s 

submittal and request? 

a. Overall Preliminary Conclusions for 

Non-Interference Analyses for Florida’s 

Request for Removal of the Federal RVP 

Requirement 

On August 15, 2013, FDEP submitted 

revisions to the 110(a)(1) maintenance 

plans for the Maintenance Plan Areas. 

The submission modifies the existing 

110(a)(1) maintenance plans to account 

for a less stringent applicable RVP 

gasoline requirement of 9.0 psi for these 


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8The six NAAQS for which EPA establishes 

health and welfare based standards are CO, lead, 

NO2, ozone, PM, and SO2. 

areas. Florida’s August 15, 2013, SIP 

revision includes an evaluation of the 

impact that the removal of the 7.8 psi 

RVP requirement would have on 

maintenance of the 1997 and 2008 

ozone standards and on other the 

applicable NAAQS. Florida’s August 15, 

2013, SIP revision also includes an 

update to the attainment inventory, 

emissions projections and air quality 

data which continues to account for the 

absence of the previously-implemented 

inspection and maintenance programs, 

and the 7.8 psi RVP requirements for the 

Maintenance Plan Areas. 

For the purposes of these changes, 

EPA is making the preliminary 

determination that the applicable 

NAAQS 8 of interest for the noninterference demonstration required by 

section 110(l) of the CAA are the ozone, 

particulate matter and nitrogen dioxide 

(NO2) standards. VOC and NOx 

emissions are precursors for ozone and 

particulate matter (PM), and NO2 is a 

component of NOx. There are no 

emissions reductions attributable to the 

emissions of lead, sulfur dioxide (SO2), 

or carbon monoxide (CO) from RVP 

requirements. As a result, there is no 

information indicating the proposed SIP 

revision would have any impact on 

those NAAQS. Therefore, EPA’s 

analysis below focuses on the impact of 

Florida’s changes to the RVP 

requirements on the ozone, particulate 

matter and NO2 NAAQS. 

Florida’s August 15, 2013, SIP 

revision, includes revised 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, and accounts for 

the removal of the previouslyimplemented inspection and 

maintenance program for the Areas. In 

that technical demonstration, FDEP 

provided information regarding the 

emissions trends from the maintenance 

plans for the 1997 8-hour ozone 

NAAQS. To determine these emissions, 

FDEP’s maintenance demonstration 

compared the 2002 baseline emissions 

inventory to the 2018 projected 

emissions inventory for each 

Maintenance Plan Area. FDEP used 7.8 

RVP for model years 2002, 2009 and 

2011 and 9.0 RVP for model year 2014 

and 2018, and did not include 

inspection and maintenance programs 

in any of the Areas. FDEP concluded 

that if projected emissions remain at or 

below the baseline emissions, continued 

maintenance is demonstrated and the 

ambient air quality standard should not 

be violated in the future. In addition to 

comparing the final year of the plan, all 

of the interim years are compared to the 

2002 baseline to demonstrate that these 

years are also expected to show 

continued maintenance of the 8-hour 

ozone NAAQS as shown below in tables 

1 and 2. 

While the remainder of this 

rulemaking is focused on the emission 

impacts related to the potential 

relaxation of the Federal RVP 

requirements from 7.8 psi to 9.0 psi in 

the Maintenance Plan Areas, it should 

be noted that since the time that EPA 

removed the emission reductions 

attributable to the previouslyimplemented inspection and 

maintenance programs in the areas, no 

credit for inspection and maintenance 

programs has been taken in the Florida 

SIP. Only the residual regulatory 

citation and language remained in the 

Florida SIP. Today’s action is proposing 

to remove this residual regulatory 

citation and language from the Florida 

SIP based on the technical 

demonstration that accounts for the 

absence of the inspection and 

maintenance programs in the 

Maintenance Plan Areas. 

Relaxation of the RVP standard from 

7.8 to 9.0 psi revealed a slight increase 

in NOx and VOC emissions. 

Notwithstanding this slight increase, 

EPA believes the most appropriate 

analysis for purposes of evaluating noninterference is whether total area 

emissions in the future years would 

remain at or below the level determined 

to be consistent with maintenance of the 

NAAQS. The State’s emission analysis 

is comprised of two different man-made 

emission inventory source 

classifications; (1) on-road mobile and 

(2) off-road mobile, which are each 

discussed below. 

On-road mobile sources are those 

vehicles that travel on the roadways. 

The MOVES model uses the road class 

vehicle miles traveled (VMT) and other 

operating conditions as input 

parameters to generate an output file 

that contain estimated emissions. For 

the projected years’ inventories, the onroad mobile sources emissions are 

calculated using the MOVES mobile 

model for the future year with the 

projected VMT to generate emissions 

that take into consideration expected 

Federal tailpipe standards, fleet 

turnover and new fuel standards. 

Off-road mobile sources are 

equipment that can move but do not use 

the roadways (i.e., lawn mowers, 

construction equipment, railroad 

locomotives, aircraft). With the 

exception of the railroad locomotives 

and aircraft engines, the emissions from 

this category are calculated using the 

EPA’s NONROAD2008 non-road mobile 

model. The railroad locomotive and 

aircraft engine emissions are estimated 

by taking an activity and multiply by an 

emission factor. Total off-road mobile 

source emissions represent the sum of 

emissions generated by the NONROAD 

2008 model and emissions calculated 

for aircraft and railroad locomotives. 

As noted above, although the revised 

emissions analysis showed slight 

increases in NOX and VOC emissions for 

on-road and off-road mobile sources 

when the less-stringent RVP standard 

was used, the Maintenance Plan Areas 

nonetheless continue to demonstrate a 

downward trend in NOX and VOC 

emissions through all future years. 

Tables 1 and 2 below provide the 

emission analysis results for total onroad, area, point and non-road 

emissions in the Maintenance Plan 

Areas using a less-stringent RVP 

standards of 9.0 psi for years 2014 and 

2018. Tables 3 and 4 below show a 

comparison of VOC and NOX estimates 

for 2009 and projected emissions for 

2018 if the 7.8 psi RVP remained in 

place. 

TABLE 1—TOTAL MAN-MADE VOC EMISSIONS (tons per day (TPD)) FOR THE MAINTENANCE PLAN AREAS

County 2002 2005 2008 2011 2014 2018 

Jacksonville Area 

Duval ........................................................ 138.9 127.4 116.0 107.3 104.2 103.9 


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TABLE 1—TOTAL MAN-MADE VOC EMISSIONS (tons per day (TPD)) FOR THE MAINTENANCE PLAN AREAS—Continued 

County 2002 2005 2008 2011 2014 2018 

Southeast Florida Area 

Broward .................................................... 207.6 191.6 175.6 165.6 162.4 165.2 

Dade ......................................................... 276.7 257.4 238.0 224.4 218.7 219.9 

Palm Beach .............................................. 180.1 164.1 148.1 136.6 131.0 129.6 

Tampa Area 

Hillsborough ............................................. 165.1 152.2 139.3 129.5 125.8 125.3 

Pinellas ..................................................... 135.1 124.7 114.3 106.7 104.3 104.8 

TABLE 2—TOTAL MAN-MADE NOX EMISSIONS (TPD) FOR THE MAINTENANCE PLAN AREAS

County 2002 2005 2008 2011 2014 2018 

Jacksonville Area 

Duval ........................................................ 259.4 188.2 127.1 90.5 64.3 62.3 

Southeast Florida Area 

Broward .................................................... 263.4 208.3 153.2 112.5 88.9 67.7 

Dade ......................................................... 294.3 247.8 201.3 160.3 131.6 102.5 

Palm Beach .............................................. 189.7 154.1 118.5 89.1 71.2 56.5 

Tampa Area 

Hillsborough ............................................. 315.5 230.4 145.2 99.0 82.5 66.4 

Pinellas ..................................................... 152.4 122.0 91.6 68.1 55.3 44.6 

TABLE 3—TOTAL MAN-MADE VOC EMISSIONS (tons per summer day) FOR THE MAINTENANCE PLAN AREAS

County 

2009 2018 

7.8 RVP 7.8 RVP 9.0 RVP 

Jacksonville Area 

Duval ............................................................................................................................................ 112.1 103.1 103.9 

Southeast Florida Area 

Broward ........................................................................................................................................ 170.1 164.1 165.2 

Dade ............................................................................................................................................ 231.6 218.3 219.9 

Palm Beach ................................................................................................................................. 142.9 128.3 129.6 

Tampa Area 

Hillsborough ................................................................................................................................. 135.0 124.3 125.3 

Pinellas ........................................................................................................................................ 110.9 103.9 104.8 

TABLE 4—TOTAL MAN-MADE NOX EMISSIONS (tons per summer day) FOR THE MAINTENANCE PLAN AREAS

County 

2009 2018 

7.8 RVP 7.8 RVP 9.0 RVP 

Jacksonville Area 

Duval ............................................................................................................................................ 106.6 62.2 62.3 

Southeast Florida Area 

Broward ........................................................................................................................................ 134.8 67.6 67.7 

Hillsborough ................................................................................................................................. 116.8 66.3 66.4 

Dade ............................................................................................................................................ 185.8 102.3 102.5 

Palm Beach ................................................................................................................................. 106.6 56.4 56.5 

Tampa Area 

Hillsborough ................................................................................................................................. 116.8 66.3 66.4 


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9The air quality design value for the 8-hour 

ozone NAAQS is the 3-year average of the annual 

4th highest daily maximum 8-hour ozone 

concentration. The level of the 2008 8-hour ozone 

NAAQS is 0.075 ppm. The 2008 8-hour ozone 

NAAQS is not met when the design value is greater 

than 0.075 ppm. 

TABLE 4—TOTAL MAN-MADE NOX EMISSIONS (tons per summer day) FOR THE MAINTENANCE PLAN AREAS—Continued 

County 

2009 2018 

7.8 RVP 7.8 RVP 9.0 RVP 

Pinellas ........................................................................................................................................ 81.4 44.5 44.6 

As Tables 1 and 2 indicate, NOX and 

VOC emissions in the Maintenance Plan 

Areas will continue to decrease, even 

with the increase in high ozone season 

fuel RVP to 9.0 psi. The slight increase 

in emissions as shown in Tables 3 and 

4 is being mitigated area-wide by a 

steady decrease in tailpipe emissions, 

which is the result of a cleaner new 

vehicle fleet replacing the older fleet 

and other Federal and State emissions 

reduction programs. As discussed 

below, based on this data, together with 

air quality data, and maintenance 

demonstrations and attainment 

designations for the NAAQS, EPA is 

making the preliminary determination 

that the slight increase in NOX and VOC 

emissions resulting from this change 

will not interfere with the Maintenance 

Plan Areas’ ability to maintain the 

NAAQS, or any other applicable 

requirement. More details on the 

individual non-interference analyses for 

the ozone, PM, and NO2 NAAQS are 

provided below. 

b. Non-Interference Analysis for the 

Ozone NAAQS 

As described above, each of the 

Maintenance Plan Areas was 

redesignated to attainment for purposes 

of the 1-hour ozone NAAQS. These 

redesignations were based upon Florida 

redesignation requests for each 

Maintenance Plan Area which included 

the required 1-hour ozone monitoring 

data and maintenance plans ensuring 

the areas would remain in attainment of 

the 1-hour ozone NAAQS for at least a 

period of 10 years (consistent with CAA 

175A(a)). These maintenance plan 

requirements remained in place for the 

counties when they were subsequently 

designated unclassifiable/attainment on 

April 30, 2004, for the 1997 8-hour 

ozone NAAQS (69 FR 23858) effective 

June 15, 2004. However, because these 

1997 8-hour ozone unclassifiable/

attainment areas had existing 

maintenance plans pursuant to the 1- 

hour ozone NAAQS, they were required 

to submit a 10-year 110(a)(1) 

maintenance plan for purposes of the 

1997 8-hour ozone NAAQS. As 

required, 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 unclassifiable/attainment for the 1997 

8-hour ozone NAAQS. As a previous 1- 

hour ozone nonattainment areas, the 

Maintenance Plan Areas were already 

subject to the Federal RVP requirements 

for high ozone season gasoline. 

Although originally implemented for 

the 1-hour ozone NAAQS, these Federal 

RVP requirements continued to apply to 

the Maintenance Plan Areas per the 

110(a)(1) maintenance plans required to 

show continued attainment and 

maintenance of the 1997 8-hour ozone 

NAAQS. 

The Maintenance Plan Areas are 

continuing to meet the 1-hour and 1997 

8-hour ozone NAAQS,9 and are meeting 

the 2008 8-hour ozone NAAQS, based 

on recent air quality monitoring data. 

The 2008 ozone NAAQS is met when 

the annual fourth-highest daily 

maximum 8-hour average concentration, 

averaged over 3 years is 0.075 parts per 

million (ppm) or less. The current 

design values for ozone for the 

Maintenance Plan Areas are shown in 

Table 5 with the highest design value in 

the Area being 0.072 ppm in 2012. EPA 

also evaluated the potential increase in 

the VOC and NOX precursor emissions, 

and whether it is reasonable to conclude 

that the requested change to RVP 

requirements in the Areas during the 

high ozone season would cause the 

Maintenance Plan Areas to be out of 

compliance with the 2008 8-hour ozone 

NAAQS. 

Table 5 below show the design value 

(DV) for the Maintenance Plan Areas 

currently show attainment of the 2008 

8-hour NAAQS based upon the most 

recent design values. 

TABLE 5—AREA DESIGN VALUES

County 2005–2007 DV 

(ppm) 

2006–2008 DV 

(ppm) 

2007–2009 DV 

(ppm) 

2008–2010 DV 

(ppm) 

2009–2011 DV 

(ppm) 

2010–2012 DV 

(ppm) 

Jacksonville Area 

Duval ........................................................ 0.077 0.075 0.070 0.068 0.067 0.065 

Southeast Florida Area 

Broward .................................................... 0.067 0.068 0.063 0.062 0.060 0.059 

Dade ......................................................... 0.074 0.074 0.069 0.068 0.065 0.065 

Palm Beach .............................................. 0.065 0.067 0.065 0.065 0.063 0.063 

Tampa Area 

Hillsborough ............................................. 0.081 0.081 0.079 0.075 0.073 0.072 

Pinellas ..................................................... 0.072 0.072 0.069 0.067 0.066 0.067 

In light of the current designations, 

monitoring and emissions trend data 

showing attainment and the submitted 

modeling, including the fact that the 

NOX emissions inventories are projected 


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10Future decreases in the inventory are an order 

of magnitude greater than the increases associated 

with the change in RVP. 

11EPA also retained the 1997 annual PM2.5

NAAQS of 15.0 mg/m3 as a secondary NAAQS to 

protect against certain welfare effects and EPA 

retained the 1997 24-hour PM2.5 NAAQS of 65 mg/ 

m3. 

to continue to significantly decrease,10

EPA has preliminarily determined that 

the revised modeling associated with 

Florida’s technical demonstration 

related to the State’s request to change 

to the RVP requirement for the 

Maintenance Plan Areas will not 

interfere with continued attainment of 

the ozone NAAQS. 

c. Non-Interference Analysis for the PM 

NAAQS 

The precursors for fine particulate 

matter less than 2.5 micrometers (PM2.5) 

are NOX, SO2, VOC and ammonia. As 

mentioned earlier in this rulemaking, 

the RVP requirements result in 

emissions benefits for VOC and NOX, 

accordingly EPA focused on these 

precursors for the analysis of the 

potential impact of Florida’s requested 

SIP change. 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (mg/

m3) based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA also established a 24-hour NAAQS 

of 65 mg/m3. See 40 CFR 50.7. On 

October 17, 2006 (71 FR 61144), EPA 

retained the 1997 annual PM2.5 NAAQS 

at 15.0 mg/m3 based on a 3-year average 

of annual mean PM2.5 concentrations, 

and promulgated a new 24-hour 

NAAQS of 35 mg/m3 based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations. On January 15, 2013 (78 

FR 3086), EPA established an annual 

primary PM2.5 NAAQS at 12.0 mg/m3

based on a 3-year average of annual 

mean PM2.5 concentrations. At that time, 

EPA retained the 2006 24-hour NAAQS 

at 35 mg/m3 based on a 3-year average 

of the 98th percentile of 24-hour 

concentrations.11

On January 5, 2005 (70 FR 944), all 

counties in the Maintenance Plan Areas 

were designated unclassifiable/

attainment for the 1997 annual PM2.5

standards, and on November 13, 2009 

(74 FR 58688), all counties in the Areas 

were designated unclassifiable/

attainment for the 2006 24-hour PM2.5

NAAQS. As Table 6 indicates the PM2.5

annual and 24-hour design values 

demonstrate attainment of the 

respective NAAQS for the Maintenance 

Plan Areas. 

TABLE 6—PM2.5 DESIGN VALUES

Year 2007–2009 2008–2010 2009–2011 2010–2012 

Annual Design Value 

Jacksonville Area 

Duval ................................................................................................................................ 9.0 8.6 8.4 8.1 

Southeast Florida Area 

Broward ............................................................................................................................ 7.3 7.0 6.8 6.7 

Dade ................................................................................................................................ 8.0 7.8 7.5 7.5 

Palm Beach ..................................................................................................................... 6.5 6.3 6.3 7.1 

Tampa Area 

Pinellas ............................................................................................................................ 8.2 7.9 7.7 7.5 

24-Hour Design Value 

Jacksonville Area 

Duval ................................................................................................................................ 21 18 22 21 

Southeast Florida Area 

Broward ............................................................................................................................ 18 16 15 15 

Dade ................................................................................................................................ 18 16 14 14 

Palm Beach ..................................................................................................................... 17 14 14 16 

Tampa Area 

Pinellas ............................................................................................................................ 18 16 16 16 

As noted above, although the revised 

emissions analysis showed slight 

increases in the PM precursor emissions 

(NOX and VOC) associated with the lessstringent RVP standard, the 

Maintenance Plan Areas nonetheless 

continue to demonstrate a downward 

trend in NOX and VOC emissions 

through all future years. Therefore, EPA 

does not expect the RVP revision to 

have a significant effect on continued 

maintenance of the PM NAAQS. EPA 

has preliminarily determined that a 

change to the Federal RVP requirement 

the Areas will not interfere with the 

Areas maintaining the 1997 PM2.5

annual or the 2006 24-hour PM2.5

NAAQS. 

d. Non-Interference Analysis for the 

2010 NO2 NAAQS 

On February 17, 2012 (77 FR 9532), 

EPA finalized designations for the 2010 

NO2 NAAQS. All counties in Florida, 

were designated unclassifiable/

attainment for the 2010 NO2 NAAQS. 

Based on Florida’s August 15, 2013, SIP 

revision, EPA has evaluated the 

potential increase in the NOx emissions 

(between June 1st and September 15th) 

associated with the proposed lessstringent 9.0 psi RVP requirement to 

determine whether this change would 

cause the Maintenance Plan Areas to 

violate the 2010 NO2 NAAQS. This 

evaluation indicates that the slight 


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increase in NOX emissions associated 

with the less-stringent RVP requirement 

would be mitigated by a steady decrease 

in tailpipe emissions, which is the 

result of cleaner new light- and heavyduty vehicle fleets replacing the older 

fleets. See Tables 2 and 4 above. 

In light of the current designation, 

including the fact that NOx emissions 

inventories are projected to continue to 

significantly decrease, EPA has 

preliminarily determined that a change 

to the Federal RVP requirements for the 

Maintenance Plan Areas would not 

interfere with the continued decline in 

NOX emissions, nor with attainment or 

maintenance of the 2010 NO2 NAAQS. 

VII. Proposed Action 

First, EPA is proposing to approve 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 proposing to 

approve the State’s showing that the 

Maintenance Plan Areas can continue to 

maintain the 1997 ozone standard 

without 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. Second, 

EPA is proposing to approve updated 

attainment inventories, emissions 

projections and air quality monitoring 

which are associated with updated and 

revised modeling related to the 

proposed change in the applicable RVP 

standard, and the absence of the 

previously-implemented inspection and 

maintenance programs for the 

Maintenance Plan Areas. The models 

used to calculate these projections for 

mobile sources also have been updated 

to the most currently-approved versions. 

Third, EPA is proposing to remove the 

Florida Code Annotated Section 62–242, 

which pertains to the previouslyimplemented MVIP, from the Florida 

SIP. 

EPA has preliminarily 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, 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, 

subsequent rulemaking. 

VIII. 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 proposed 

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 proposed 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 proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Reporting and 

recordkeeping requirements. 

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

Dated: October 28, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–26850 Filed 11–7–13; 8:45 am] 

BILLING CODE 6560–50–P 


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