Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72033 

The designation status of the area 

remains nonattainment for the PM10

NAAQS until such time as EPA 

determines that the area, and/or a State 

portion thereof, meets the CAA 

requirements for redesignation to 

attainment. 

EPA is determining that the New York 

County PM10 nonattainment area has 

attained both the 24-hour PM10 NAAQS 

and the revoked annual PM10 NAAQS. 

This determination is based upon 

certified, quality-assured ambient air 

monitoring data that show that the area 

has monitored attainment of the PM10

NAAQS for the 2010–2012 monitoring 

period. Preliminary air monitoring data 

available for 2013 are consistent with 

the determination that the New York 

County area PM10 nonattainment area is 

continuing to meet the PM10 NAAQS. 

This final action, in accordance with the 

Clean Data Policy, suspends the 

requirements for the State of New York 

to submit, for the New York County 

PM10 nonattainment area, an attainment 

demonstration, associated reasonably 

available control measures, reasonable 

further progress plans, and contingency 

measures in the area for so long as the 

area continues to attain the PM10

NAAQS. If EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the New York County PM10

nonattainment area has violated the 

PM10 NAAQS, the basis for the 

suspension of the specific requirements 

would no longer exist for the area, and 

New York would thereafter have to 

address the applicable requirements for 

the PM10 NAAQS. 

IV. Statutory and Executive Order 

Reviews 

This action makes an attainment 

determination based on air quality and 

results in the suspension of certain 

Federal requirements, and it does not 

impose additional requirements beyond 

those imposed by state law. For these 

reasons, 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, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 31, 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 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, Particulate matter. 

Dated: November 8, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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 HH—New York 

■ 2. Section 52.1678 is amended by 

adding paragraph (g) to read as follows: 

§ 52.1678 Control strategy and 

regulations: Particulate matter. 

* * * * * 

(g) Determination of Attainment. EPA 

has determined, as of December 2 2013, 

that the New York County fine particle 

(PM10) nonattainment area has attained 

the PM10 National Ambient Air Quality 

Standard. This determination suspends 

the requirements for this area to submit 

an attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress plans, and 

contingency measures for as long as the 

area continues to attain the PM10

NAAQS. 

[FR Doc. 2013–28655 Filed 11–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0385; FRL–9903–23- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida: General 

Requirements and Gasoline Vapor 

Control; Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On June 1, 2009, EPA 

published a final rule in the Federal 

Register approving a Florida State 

Implementation Plan (SIP) revision, 

submitted through the Florida 


sroberts on DSK5SPTVN1PROD with RULES
72034 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 

Department of Environmental Protection 

(FDEP), related to the State’s gasoline 

vapor recovery program. This correcting 

amendment corrects errors in the 

regulatory language in paragraph (c) of 

EPA’s June 1, 2009, final rule. 

DATES: Effective on December 2, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Quality Modeling 

and Transportation 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 

telephone number is (404) 562–9222. 

Ms. Sheckler can be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects inadvertent errors in a 

rulemaking related to Florida’s gasoline 

vapor recovery program SIP provision. 

In summary, this action corrects the 

effective date for the Florida rules 

included in the regulatory text section 

of EPA’s June 1, 2009, final rulemaking 

(74 FR 26103). Specifically, EPA is 

correcting the June 1, 2009, final rule to 

provide the correct effective date for 

Florida Code Annotated Sections 62– 

210.300, 62–210.310, 62–210.920, 62– 

252.200, 62–252.300, 62–252.400, 62– 

252.500 and 62–296.418 related to the 

State’s gasoline vapor recovery program. 

In its May 31, 2007, SIP revision, FDEP 

erroneously listed September 4, 2006, as 

the effective date for the gasoline vapor 

recovery program rules. The correct 

effective date of Florida’s rules related 

to the gasoline vapor recovery program, 

as provided by FDEP in a November 29, 

2012, letter, is May 9, 2007. This action 

corrects the regulatory text section of 

EPA’s June 1, 2009 final rule approving 

the Florida ‘‘Gasoline Vapor Recovery’’ 

SIP revision to reflect a State effective 

date of May 9, 2007. See 74 FR 26103. 

Today’s action also serves to update the 

State effective dates of the relevant rules 

in the Table of EPA-Approved Florida 

Regulations at 40 CFR 52.520. 

EPA has determined that today’s 

actions fall under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because today’s action to correct 

inadvertent regulatory text errors 

included in EPA’s June 1, 2009, final 

rule is consistent with the substantive 

revision to the Florida SIP described 

therein related to the gasoline vapor 

recovery program for the Florida SIP. In 

addition, EPA can identify no particular 

reason why the public would be 

interested in having the opportunity to 

comment on the correction prior to this 

action being finalized, since this 

correction action does not change EPA’s 

analysis or overall action related to the 

approval of the State’s gasoline vapor 

recovery program into the Florida SIP. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects inadvertent errors for 

the regulatory text of EPA’s prior 

rulemaking for the Florida SIP. For 

these reasons, EPA finds good cause 

under APA section 553(d)(3) for this 

correction to become effective on the 

date of publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

inadvertent error in the regulatory text 

of EPA’s June 1, 2009, final rule 

addressing the gasoline vapor recovery 

program in the Florida SIP, and imposes 

no additional requirements beyond 

those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule merely 

corrects an inadvertent error for the 

regulatory text of EPA’s June 1, 2009, 

final rule addressing the gasoline vapor 

recovery program in the Florida SIP, 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects inadvertent errors in the 

regulatory text of EPA’s June 1, 2009, 

final rule addressing the gasoline vapor 

recovery program in the Florida SIP, 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the CAA. 

This rule also is not subject to Executive 

Order 13045 ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. In addition, this rule does 

not involve technical standards, thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule also 

does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. 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). 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72035 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 12, 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. Section 52.520(c) is amended: 

■ a. Under Chapter 62–210, by revising 

the entries for ‘‘62–210.300,’’ ‘‘62– 

210.310,’’ and ‘‘62–210.920;’’ 

■ b. Under Chapter 62–252, by revising 

the entries for ‘‘62–252.200,’’ ‘‘62– 

252.300,’’ ‘‘62–252.400,’’ and ‘‘62– 

252.500;’’ and 

■ c. Under Chapter 62–296, by revising 

the entry for ‘‘62–296.418’’ to read as 

follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

*******

Chapter 62–210 Stationary Sources-General Requirements 

*******

62–210.300 .................................. Permits Required ......................... 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

62–210.310 .................................. Air General Permits ..................... 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

* * * * * * * 

62–210.920 .................................. Air General Permit Forms ........... 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

* * * * * * * 

Chapter 62–252 Gasoline Vapor Control 

* * * * * * * 

62–252.200 .................................. Definitions .................................... 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

62–252.300 .................................. Gasoline Dispensing FacilitiesStage I Vapor Recovery.5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

62–252.400 .................................. Gasoline Dispensing Facilities 

Stage II Vapor Recovery.

5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

62–252.500 .................................. Gasoline Tanker Trucks .............. 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

* * * * * * * 

Chapter 62–296 Stationary Sources-Emission Standards 

* * * * * * * 

62–296.418 .................................. Bulk Gasoline Plants ................... 5/9/2007 6/1/2009 .......................................

63 FR 26103 ................................

* * * * * * * 


sroberts on DSK5SPTVN1PROD with RULES
72036 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–28654 Filed 11–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2013–0129; FRL–9903–37– 

Region–4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; North Carolina; 

Redesignation of the Charlotte; 1997 8- 

Hour Ozone Moderate Nonattainment 

Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

redesignate the portion of North 

Carolina that is within the bi-state 

Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Area,’’ ‘‘North Carolina portion 

of the bi-state Charlotte Area,’’ ‘‘North 

Carolina portion of the Area,’’ or 

‘‘Metrolina nonattainment area’’) to 

attainment for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS), and to approve the 

maintenance plan for the Area. The 

State of North Carolina, through the 

North Carolina Department of 

Environment and Natural Resources, 

Department of Air Quality (NC DAQ), 

submitted the redesignation request and 

maintenance plan on November 2, 2011. 

The State supplemented the 

redesignation request and maintenance 

plan on March 28, 2013, extending the 

maintenance plan to the year 2025 and 

updating the sub-area motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for the years 2013 

and 2025 for the North Carolina portion 

of the Area. EPA’s approval of NC 

DAQ’s redesignation request is based on 

the determination that North Carolina 

has met the criteria for redesignation to 

attainment set forth in the Clean Air Act 

(CAA or Act). EPA finalized action to 

redesignate the South Carolina portion 

of the Area, including approval of South 

Carolina’s maintenance plan for the 

1997 8-hour ozone NAAQS, in a 

separate action. 

DATES: This rule will be effective on 

January 2, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0129. 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: Jane 

Spann or Sara Waterson 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. Ms. 

Spann may be reached by phone at (404) 

562–9029, or via electronic mail at 

spann.jane@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061, 

or via electronic mail at waterson.sara@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for the actions? 

II. What are the actions EPA is taking? 

III. Why is EPA taking these actions? 

IV. What are the effects of these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On November 2, 2011, North Carolina 

requested redesignation of the North 

Carolina portion of the bi-state Charlotte 

Area to attainment for the 1997 8-hour 

ozone NAAQS. The bi-state Charlotte 

Area consists of Cabarrus, Gaston, 

Lincoln, Mecklenburg, Rowan, Union, 

and a portion of Iredell County 

(Davidson and Coddle Creek 

Townships), North Carolina; and a 

portion of York County, South Carolina. 

The redesignation request included 

three years of complete, quality-assured 

ambient air quality data for the 1997 8- 

hour ozone NAAQS for 2008–2010, 

indicating that the 1997 8-hour ozone 

NAAQS had been achieved for the Area. 

Under the CAA, nonattainment areas 

may be redesignated to attainment if 

sufficient, complete, quality-assured 

data is available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). 

Subsequently, on November 15, 2011 

(76 FR 70656), EPA determined that the 

bi-state Charlotte Area attained the 1997 

8-hour ozone NAAQS. The 

determination of attaining data was 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 period, showing 

that the Area had monitored attainment 

of the 1997 8-hour ozone NAAQS. 

On March 28, 2013, North Carolina 

submitted a supplemental SIP revision 

to the redesignation request and 

maintenance plan that extends the final 

year of the maintenance plan to 2025. 

Specifically, this revision updates 

emissions data, emissions projections, 

MVEBs, and safety margins to 2025. 

Additionally, it provides updated ozone 

design values for the bi-state Charlotte 

Area. 

EPA reviewed quality-assured ozone 

monitoring data from ambient ozone 

monitoring stations in the Charlotte 

Area, as recorded in Air Quality System 

(AQS), and summarized the 3-year 

average of the annual fourth highest 

daily maximum 8-hour average (i.e., 

design value) for each monitor for 2008– 

2010, 2009–2011, and 2010–2012 in 

Tables 1, 2, and 3 below. The 2008– 

2010 design values demonstrate that the 

Area attained by its attainment date, and 

the 2009–2011 and 2010–2012 design 

values demonstrate that the bi-state 

Charlotte Area continues to meet the 

1997 8-hour ozone NAAQS. Preliminary 

data indicate that the Area continues to 

attain with 2011–2013 data. 


sroberts on DSK5SPTVN1PROD with RULES