29362 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 

[FR Doc. 2014–11490 Filed 5–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2013–0787; FRL–9911–13– 

OAR] 

Approval of States’ Requests To Relax 

the Federal Reid Vapor Pressure 

Volatility Standard in Florida, and the 

Raleigh-Durham-Chapel Hill and 

Greensboro/Winston-Salem/High Point 

Areas in North Carolina 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of adverse 

comments, the Environmental 

Protection Agency (EPA) is withdrawing 

the March 31, 2014, direct final rule to 

approve requests from Florida and 

North Carolina for the EPA to relax the 

Reid Vapor Pressure (RVP) Standard 

applicable to gasoline introduced into 

commerce from June 1 to September 15 

of each year in six counties in Florida, 

and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the 

‘‘Triangle Area’’) and the Greensboro/

Winston-Salem/High Point Area (also 

referred to as the ‘‘Triad Area’’) in North 

Carolina. The EPA is considering these 

comments and will address the 

comments in a subsequent action that is 

to be published soon. The EPA will not 

institute a second comment period on 

this action. 

DATES: The direct final rule published at 

79 FR 17889 on March 31, 2014, is 

withdrawn as of May 22, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Rudolph Kapichak, Office of 

Transportation and Air Quality, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4574; fax number 734–214–4052; email 

address: kapichak.rudolph@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

31, 2014 (79 FR 17889), the EPA 

published a direct final rule approving 

a request from Florida to change the 

summertime RVP standard for Broward, 

Dade, Duval, Hillsborough, Palm Beach 

and Pinellas counties in Florida from 

7.8 psi to 9.0 psi by amending the EPA’s 

regulations at 40 CFR 80.27(a)(2). 

Additionally, in that direct final rule the 

EPA approved a request from North 

Carolina to change the summertime RVP 

standard for the Triangle and Triad 

Areas from 7.8 psi to 9.0 psi by 

amending the EPA’s regulations at 40 

CFR 80.27(a)(2). The Triangle Area is 

comprised of Durham and Wake 

Counties, and the Dutchville Township 

portion of Granville County. The Triad 

Area is comprised of the counties of 

Davidson, Forsyth and Guilford in their 

entirety, and the portion of Davie 

County bounded by the Yadkin River, 

Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to 

Yadkin River. In previous rulemakings, 

the EPA approved state implementation 

plan revisions from Florida and North 

Carolina which provided technical 

analyses that demonstrated that removal 

of the Federal RVP requirements of 7.8 

psi for gasoline sold between June 1 and 

September 15 of each year in the six 

counties in Florida, and the North 

Carolina Triangle and Triad Areas 

would not interfere with maintenance of 

the national ambient air quality 

standards in these areas. In the direct 

final rule, the EPA stated that if adverse 

comments were received by April 30, 

2014, the rule would be withdrawn and 

not take effect. On March 29, 2014, the 

EPA received a comment letter. The 

EPA interprets the comments in that 

letter as adverse and, therefore, the EPA 

is withdrawing the direct final rule. The 

EPA will address these comments in a 

separate final action based upon the 

proposed rulemaking action at 79 FR 

17966 (March 31, 2014). The EPA will 

not institute a second comment period 

on this action. 

Accordingly, the amendment to 40 

CFR 80.27 which published in the 

Federal Register on March 31, 2014, at 

79 FR 17895 is withdrawn as of May 22, 

2014. 

Dated: May 15, 2014. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2014–11910 Filed 5–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2013–0787; FRL–9911–12– 

OAR] 

Approval of States’ Requests To Relax 

the Federal Reid Vapor Pressure 

Volatility Standard in Florida, and the 

Raleigh-Durham-Chapel Hill and 

Greensboro/Winston-Salem/High Point 

Areas in North Carolina 

AGENCY: The Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve requests from Florida and 

North Carolina for the EPA to relax the 

Reid Vapor Pressure (RVP) Standard 

applicable to gasoline introduced into 

commerce from June 1 to September 15 

of each year in six counties in Florida, 

and in counties in the Raleigh-DurhamChapel Hill Area (also referred to as the 

‘‘Triangle Area’’) and the Greensboro/

Winston-Salem/High Point Area (also 

referred to as the ‘‘Triad Area’’) in North 

Carolina. Specifically, the EPA is 

approving amendments to the 

regulations to change the RVP standard 

for six counties in Florida, and for the 

counties in the Triangle and Triad Areas 

from 7.8 pounds per square inch (psi) to 

9.0 psi for gasoline. Additionally, the 

EPA is responding to adverse comments 

received for this action. The EPA has 

determined that these changes to the 

Federal RVP regulation are consistent 

with the applicable provisions of the 

Clean Air Act (CAA or Act). 

DATES: This final rule will become 

effective on May 30, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–OAR–2013– 

0787. All documents in the docket are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Rudolph Kapichak, Office of 

Transportation and Air Quality, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: (734) 214– 

4574; fax number (734) 214–4052; email 

address: kapichak.rudolph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

Table of Contents 

I. General Information 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29363 

II. Actions Being Taken 

III. History of Gasoline Volatility 

Requirement 

IV. The EPA’s Policy Regarding Relaxation of 

Volatility Standards in Ozone 

Nonattainment Areas That Are 

Redesignated as Attainment Areas 

V. The EPA’s Analysis of Florida’s Request 

To Relax the Federal RVP Requirements 

in the State 

VI. The EPA’s Analysis of North Carolina’s 

Requests To Relax the Federal RVP 

Requirements in the Triangle and Triad 

Areas 

VII. Response to Comments 

VIII. Final Action 

IX. Statutory and Executive Order Reviews 

X. Legal Authority and Statutory Provisions 

Effective date. Section 553(d) of the 

Administrative Procedure Act (APA), 5 

U.S.C. Chapter 5, generally provides 

that rules may not take effect earlier 

than 30 days after they are published in 

the Federal Register. The EPA is issuing 

this final rule under CAA section 

307(d)(1). Section 307(d)(1) states: ‘‘The 

provisions of section 553 through 557 

. . . of Title 5 shall not, except as 

expressly provided in this section, 

apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective on May 30, 

2014. APA section 553(d) allows an 

effective date less than 30 days after 

publication for a rule that ‘‘that grants 

or recognizes an exemption or relieves 

a restriction.’’ 5 U.S.C. 553(d)(1). This 

rule fits within that exception because 

it lifts the restriction on the introduction 

into commerce of gasoline with a RVP 

of greater than 7.8 psi sold in areas in 

Florida and North Carolina between 

June 1 and September 15 of each year. 

Because today’s action can be 

considered to relieve a restriction that 

would otherwise prevent the 

introduction into commerce of gasoline 

with a RVP of greater than 7.8 psi, the 

EPA is making this action effective on 

May 30, 2014. 

I. General Information 

Throughout this document, ‘‘the 

Agency’’ is used to mean the EPA. 

Entities potentially affected by this 

rule are fuel producers and distributors 

who do business in Florida and in North 

Carolina. Regulated entities include: 

Examples of potentially 

regulated entities 

NAICS 

Codes a

Petroleum refineries ............. 324110 

Gasoline Marketers and Distributors ............................. 424710 

424720 

Gasoline Retail Stations ....... 447110 

Examples of potentially 

regulated entities 

NAICS 

Codes a

Gasoline Transporters .......... 484220 

484230 

a North American Industry Classification 

System (NAICS). 

This table provides only a guide for 

readers regarding entities likely to be 

regulated by this action. You should 

carefully examine the regulations in 40 

CFR 80.27 to determine whether your 

facility is impacted. If you have further 

questions, call the person listed in the 

FOR FURTHER INFORMATION CONTACT

section of this preamble. 

II. Actions Being Taken 

This final rule approves a request 

from Florida to change the summertime 

RVP standard for Broward, Dade, Duval, 

Hillsborough, Palm Beach and Pinellas 

counties in Florida from 7.8 psi to 9.0 

psi by amending the EPA’s regulations 

at 40 CFR 80.27(a)(2). Additionally, this 

final rule approves a request from North 

Carolina to change the summertime RVP 

standard for the Triangle and Triad 

Areas from 7.8 psi to 9.0 psi by 

amending the EPA’s regulations at 40 

CFR 80.27(a)(2). The Triangle Area is 

comprised of Durham and Wake 

Counties, and the Dutchville Township 

portion of Granville County. The Triad 

Area is comprised of the counties of 

Davidson, Forsyth and Guilford in their 

entirety, and the portion of Davie 

County bounded by the Yadkin River, 

Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to 

Yadkin River. 

In previous rulemakings, the EPA 

approved state implementation plan 

(SIP) revisions from Florida and North 

Carolina which provided technical 

analyses that demonstrated that removal 

of the Federal RVP requirements of 7.8 

psi for gasoline sold between June 1 and 

September 15 of each year in the six 

counties in Florida, and the North 

Carolina Triangle and Triad Areas 

would not interfere with maintenance of 

the national ambient air quality 

standards (NAAQS) in these areas. For 

more information on Florida’s SIP 

revision for the six Florida counties and 

the EPA’s analysis of Florida’s SIP 

revision refer to the January 6, 2014, 

final rule at 79 FR 573; on North 

Carolina’s SIP revision for the Triangle 

Area refer to the January 2, 2014 final 

rule at 79 FR 47; and on North 

Carolina’s SIP revision for the Triad 

Area refer to the January 24, 2014 final 

rule at 79 FR 4082. 

As mentioned above, this final rule 

approves requests from Florida and 

North Carolina to change the 

summertime RVP standard for six 

Florida counties, and for the Triangle 

and Triad Areas from 7.8 psi to 9.0 psi 

by amending the EPA’s regulations at 40 

CFR 80.27(a)(2). The preamble for this 

rulemaking is organized as follows. 

Section III provides the history of 

federal gasoline volatility regulation. 

Section IV describes the policy 

regarding relaxation of volatility 

standards in ozone nonattainment areas 

that are redesignated as attainment 

areas. Section V provides information 

specific to Florida’s request for the six 

counties currently subject to the 7.8 psi 

summertime RVP requirements. Section 

VI provides information specific to 

North Carolina’s requests for the 

counties in the Triangle and Triad Areas 

that are currently subject to the 7.8 psi 

summertime RVP requirements. Section 

VII provides EPA’s response to the 

adverse comment received. Finally, 

Section VIII presents the final action in 

response to the requests from Florida 

and North Carolina. 

III. History of the Gasoline Volatility 

Requirement 

On August 19, 1987 (52 FR 31274), 

the EPA determined that gasoline 

nationwide was becoming 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 the CAA, the 

EPA promulgated regulations on March 

22, 1989 (54 FR 11868) that set 

maximum limits for the RVP of gasoline 

sold during the regulatory control 

periods that were established on a stateby-state basis in the final rule. The 

regulatory control periods addressed the 

portion of the year when peak ozone 

concentrations were expected. 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), the EPA promulgated more 

stringent volatility controls as Phase II 

of the volatility control program. These 

requirements established maximum 

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29364 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 

1 60 FR 41, (January 3, 1995); 60 FR 10326 

(February 24, 1995); and 60 FR 62748 (December 7, 

1995), respectively. 

2Effective on June 15, 2004, Broward, Dade, 

Duval, Hillsborough, Palm Beach and Pinellas 

Counties were designated unclassifiable/attainment 

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

23857. 

3Effective on July 20, 2012, the same counties 

were designated as unclassifiable/attainment for the 

2008 8-hour ozone NAAQS. See 77 FR 30088. 

4Maintenance 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 (April 30, 

2004). 

5The EPA has determined that redesignated 1- 

hour ozone attainment areas that are designated 8- 

hour ozone attainment areas may rely on the section 

110(a)(1) maintenance plan for purposes of 

requesting relaxation of the more stringent volatility 

standard. See 73 FR 8202, 8205 (February 13, 2008). 

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). 

The 1990 CAA Amendments 

established a new section, 211(h), to 

address fuel volatility. Section 211(h) 

requires the 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 the 

EPA from establishing a volatility 

standard more stringent than 9.0 psi in 

an attainment area, except that the 

Agency may impose a lower (more 

stringent) standard in any former ozone 

nonattainment area redesignated to 

attainment. 

On December 12, 1991 (56 FR 64704), 

the 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), which included the 7.8 

psi ozone season limitation for certain 

areas. As stated in the preamble to the 

Phase II volatility controls and 

reiterated in the proposed change to the 

volatility standards published in 1991, 

the EPA will rely on states to initiate 

changes to the volatility program. The 

EPA’s policy for approving such 

changes is described in Section IV of 

this preamble. 

Florida and North Carolina initiated 

these changes by requesting that the 

EPA relax the 7.8 psi RVP standard for 

counties that are in ozone maintenance 

areas. Accordingly, the States revised 

their original modeling and 

maintenance demonstrations for these 

areas to reflect continued attainment 

under the relaxed 9.0 psi RVP standard 

that the States have requested. See 

Section V of this action for information 

specific to Florida’s request for the six 

counties currently subject to the 7.8 psi 

summertime RVP requirements. See 

Section VI of this action for information 

specific to North Carolina’s requests for 

the counties in the Triangle and Triad 

Areas that are currently subject to the 

7.8 psi summertime RVP requirements. 

IV. The EPA’s Policy Regarding 

Relaxation of Volatility Standards in 

Ozone Nonattainment Areas That Are 

Redesignated as Attainment Areas 

As stated in the preamble for the 

EPA’s amended Phase II volatility 

standards (56 FR 64706), any change in 

the volatility standard for a 

nonattainment area that was 

subsequently redesignated as an 

attainment area must be accomplished 

through a separate rulemaking that 

revises the applicable standard for that 

area. Thus, for former 1-hour ozone 

nonattainment areas where the EPA 

mandated a Phase II volatility standard 

of 7.8 psi RVP in the December 12, 1991 

rulemaking, the 7.8 psi RVP will remain 

in effect, even after such an area is 

redesignated to attainment, until a 

separate rulemaking is completed that 

revises the RVP standard in that area 

from 7.8 psi to 9.0 psi. 

As explained in the December 12, 

1991, rulemaking, the EPA believes that 

relaxation of an applicable RVP 

standard 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. 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, the EPA will 

not relax the volatility standard unless 

the state requests a relaxation and the 

maintenance plan demonstrates, to the 

satisfaction of the EPA, that the area 

will maintain attainment for ten years 

without the need for the more stringent 

volatility standard. 

V. The EPA’s Analysis of Florida’s 

Request To Relax the Federal RVP 

Requirements in the State 

On November 6, 1991, the EPA 

designated and classified 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. See 56 FR 56694 

(November 6, 1991). Among the 

requirements applicable to 

nonattainment areas for the 1-hour 

ozone NAAQS was the requirement to 

meet certain RVP standards for gasoline 

sold commercially during the high 

ozone season. See 55 FR 23658 (June 11, 

1990). Thus, the RVP requirements for 

gasoline sold in these three 1-hour 

ozone nonattainment areas was 7.8 psi 

from June 1 through September 15 of 

each year. Subsequently, each area was 

redesignated to attainment for the 1- 

hour ozone NAAQS.1 Florida’s 

redesignation requests did not include a 

request for relaxation of the gasoline 

volatility standard.2 3

On August 15, 2013, the State of 

Florida, through the Florida Department 

of Environmental Protection (FDEP), 

submitted a request for the EPA to relax 

the Federal RVP requirement of 7.8 psi 

in Broward, Dade, Duval, Hillsborough, 

Palm Beach and Pinellas Counties in 

Florida. The State also submitted a 

technical analysis which demonstrated 

that the less-stringent RVP in these 

counties would not interfere with 

continued maintenance of the 1997 8- 

hour ozone NAAQS or any other 

applicable standard.4 Specifically, the 

State updated the 10-year maintenance 

plans that were submitted for the three 

1-hour ozone maintenance areas under 

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

1997 ozone NAAQS.5 As required, these 

section 110(a)(1) maintenance plans 

provided 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 included 

components demonstrating how each 

area will continue to attain the 1997 8- 

hour ozone NAAQS, and provided 

contingency measures should an area 

violate the NAAQS. Florida’s previous 

ozone redesignation requests and 

maintenance plans for these areas did 

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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29365 

6Effective on June 15, 2004, the nonattainment 

area for the Triangle Area for the 1997 ozone 

NAAQS was expanded from Durham and Wake 

Counties, and the Dutchville Township portion of 

Granville County, to also include Franklin, 

Johnston, Orange, and Person Counties, and the 

remainder of Granville County and Baldwin, 

Center, New Hope and Williams Townships in 

Chatham County. See 69 FR 23857. 

7On December 26, 2007 the Triangle Area was 

redesignated to attainment for the 1997 8-hour 

ozone NAAQS. See 72 FR 72948. 

8Effective on July 20, 2012, the same counties 

were designated as unclassifiable/attainment for the 

2008 8-hour ozone NAAQS. See 77 FR 30088. 

9Effective June 15, 2004 for the 1997 ozone 

NAAQS, the Triad Area was designated as 

nonattainment with a deferred effective date as part 

of the Early Action Compact (EAC) program. As part 

of this action the Triad Area was expanded to 

include the entire county of Davie, and Alamance, 

Caswell, Randolph, and Rockingham Counties in 

their entirety. See 69 FR 23857. 

10For more information on the EAC program, see 

http://www.epa.gov/airquality/eac/fs20080331_

eac.html. 

Continued 

not remove the 7.8 psi RVP standard. 

See 75 FR 29671 (May 27, 2010). 

As mentioned above, on August 15, 

2013, FDEP submitted changes to the 

three CAA section 110(a)(1) 

maintenance plans that collectively 

cover Broward, Dade, Duval, 

Hillsborough, Palm Beach and Pinellas 

Counties in Florida. Florida’s August 

15, 2013, SIP revision modifies the 

existing section 110(a)(1) maintenance 

plans to account for a less stringent 

applicable RVP gasoline requirement of 

9.0 psi for these areas. Specifically, 

Florida’s August 15, 2013, SIP revision 

included 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 

applicable NAAQS. The EPA evaluated 

Florida’s August 15, 2013, SIP revision 

in a previous rulemaking that was 

subject to public notice-and-comment 

and no comments were received. The 

EPA approved Florida’s August 15, 

2013, SIP revision on January 6, 2014. 

See 79 FR 573. In this final action, based 

on the previous approval of Florida’s 

August 15, 2013, SIP revision, and the 

fact that the areas are currently attaining 

all ozone NAAQS, the EPA is approving 

Florida’s request to relax the high ozone 

season RVP standard for Broward, Dade, 

Duval, Hillsborough, Palm Beach and 

Pinellas counties from 7.8 psi to 9.0 psi. 

VI. The EPA’s Analysis of North 

Carolina’s Requests To Relax the 

Federal RVP Requirements in the 

Triangle and Triad Areas 

The following two sections provide 

the EPA’s analysis of North Carolina’s 

requests to relax the Federal RVP 

requirements in the Triangle and Triad 

Areas. 

A. The EPA’s Analysis of North 

Carolina’s Requests To Relax the 

Federal RVP Requirement in the 

Triangle Area 

On November 6, 1991, the EPA 

designated and classified Durham and 

Wake Counties, and the Dutchville 

Township portion of Granville County 

(also known as the Triangle Area at the 

time) as a Moderate nonattainment area 

for the 1-hour ozone NAAQS. See 56 FR 

56694 (November 6, 1991). Among the 

requirements applicable to 

nonattainment areas for the 1-hour 

ozone NAAQS was the requirement to 

meet certain RVP standards for gasoline 

sold commercially during the high 

ozone season. See 55 FR 23658 (June 11, 

1990). Thus, the RVP requirement for 

gasoline sold in the Triangle Area was 

7.8 psi from June 1 through September 

15 of each year. On April 18, 1994, the 

Triangle Area was redesignated to 

attainment for the 1-hour ozone 

standard. See 59 FR 18300. North 

Carolina’s redesignation request for the 

Triangle Area did not include a request 

for relaxation of the gasoline volatility 

standard.678

On March 27, 2013, the State of North 

Carolina, through the North Carolina 

Department of Environment and Natural 

Resources (NC DENR), submitted a 

request for the EPA to relax the Federal 

RVP requirement of 7.8 psi in Wake and 

Durham Counties, and the Dutchville 

Township portion of Granville County 

that was originally included in the 1- 

hour ozone nonattainment area. The 

State also submitted a technical analysis 

that demonstrated that the less-stringent 

RVP in these counties would not 

interfere with continued maintenance of 

the 1997 8-hour ozone NAAQS or any 

other applicable standard. Specifically, 

the State updated the 10-year 

maintenance plan that was submitted 

for the Triangle 1997 8-hour ozone 

maintenance area under section 175A of 

the CAA. As required, this section 175A 

maintenance plan provided for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS for at 

least 10 years from the EPA’s 

redesignation of the area from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS. This plan 

also included components 

demonstrating how the area will 

continue to attain the 1997 8-hour ozone 

NAAQS, and provided contingency 

measures should the area violate the 

NAAQS. North Carolina’s previous 

ozone redesignation requests and 

maintenance plans for this area did not 

remove the 7.8 psi RVP standard. See 72 

FR 72948 (December 26, 2007). 

As mentioned above, on March 27, 

2013, NC DENR submitted changes to 

the section 175A maintenance plan for 

the Triangle Area. North Carolina’s 

March 27, 2013, SIP revision modifies 

the existing section 175A maintenance 

plan to account for a less stringent 

applicable RVP gasoline requirement of 

9.0 psi for the Triangle Area. 

Specifically, North Carolina’s March 27, 

2013, SIP revision included 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 

applicable NAAQS. The EPA evaluated 

North Carolina’s March 27, 2013, SIP 

revision in a previous rulemaking that 

was subject to public notice-andcomment. No adverse comments and 

one supportive comment were received 

on that proposed action. The EPA 

approved North Carolina’s March 27, 

2013, SIP revision on January 2, 2014. 

See 79 FR 47. In this action, based on 

the EPA’s previous approval of North 

Carolina’s March 27, 2013, SIP revision, 

and the fact that the Triangle Area is 

currently attaining all ozone NAAQS, 

the EPA is approving North Carolina’s 

request to relax the RVP standard for 

Wake and Durham Counties, and a 

portion of Granville County in North 

Carolina from 7.8 psi to 9.0 psi from 

June 1 through September 15 of each 

year. 

B. The EPA’s Analysis of North 

Carolina’s Requests To Relax the 

Federal RVP Requirement in the Triad 

Area 

On November 6, 1991, the EPA 

designated Davidson, Forsyth and 

Guilford counties in their entirety and 

the portion of Davie County bounded by 

the Yadkin River, Dutchmans Creek, 

North Carolina Highway 801, Fulton 

Creek and back to Yadkin River in the 

Triad Area as a Moderate nonattainment 

area for the 1-hour ozone NAAQS. See 

56 FR 56694 (November 6, 1991). 

Among the requirements applicable to 

nonattainment areas for the 1-hour 

ozone NAAQS was the requirement to 

meet certain RVP standards for gasoline 

sold commercially during the ozone 

season. See 55 FR 23658 (June 11, 1990). 

Thus, the RVP requirement for gasoline 

sold in the Triad Area was 7.8 psi from 

June 1 through September 15 of each 

year. On April 18, 1994, the Triad Area 

was redesignated to attainment for the 

1-hour ozone standard. See 59 FR 

18300. North Carolina’s redesignation 

request for the Triad Area did not 

include a request for the relaxation of 

the gasoline volatility standard.9 10 11 12

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29366 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 

11The Triad Area attained the 1997 ozone 

NAAQS and on February 2, 2008, the EPA finalized 

an action for 13 nonattainment areas with deferred 

effective dates, including the Triad Area, 

designating these areas attainment for the 1997 8- 

hour ozone NAAQS. However, as a former 1-hour 

ozone maintenance area the Triad Area was 

required to submit a 10-year maintenance plan 

under section 110(a)(1) of the CAA. See 73 FR 

17897. 

12Effective July 20, 2012, the Triad Area counties 

were designated as unclassifiable/attainment for the 

2008 8-hour ozone NAAQS. See 77 FR 30088. 

13The EPA has determined that redesignated 1- 

hour ozone attainment areas that are designated 8- 

hour ozone attainment areas may rely on the section 

110(a)(1) maintenance plan for purposes of 

requesting relaxation of the more stringent volatility 

standard. 73 FR 8202, 8205 (February 13, 2008). 

14The EPA also noted that an additional public 

comment period would not be instituted for the 

action. 

On April 12, 2013, the State of North 

Carolina, through NC DENR, submitted 

a request for the EPA to relax the 

Federal RVP requirement of 7.8 psi in 

Davidson, Forsyth and Guilford 

Counties and the relevant portion of 

Davie County. The State also submitted 

a technical analysis which 

demonstrated that the less-stringent 

RVP in the aforementioned counties 

would not interfere with continued 

maintenance of the 1997 8-hour ozone 

NAAQS or any other applicable 

standard. Specifically, the State updated 

the 10-year maintenance plan that was 

submitted for the Triad 1-hour ozone 

maintenance area under section 

110(a)(1) of the CAA for the 1997 ozone 

NAAQS.13 As required, this section 

110(a)(1) maintenance plan provided for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS for at 

least 10 years from the effective date of 

the area’s designation as attainment for 

the 1997 8-hour ozone NAAQS. This 

plan also included components 

demonstrating how the area will 

continue to attain the 1997 8-hour ozone 

NAAQS, and provided contingency 

measures should the area violate the 

NAAQS. North Carolina’s previous 

ozone redesignation request and 

maintenance plan for this area did not 

remove the 7.8 psi RVP standard. See 77 

FR 3611 (January 25, 2012). 

As mentioned above, on April 12, 

2013, NC DENR submitted changes to 

the section 110(a)(1) maintenance plan 

for the Triad Area. North Carolina’s 

April 12, 2013, SIP revision modifies 

the existing section 110(a)(1) 

maintenance plan to account for a less 

stringent applicable RVP gasoline 

requirement of 9.0 psi for the area. 

Specifically, North Carolina’s April 12, 

2013, SIP revision included 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 

applicable NAAQS. The EPA evaluated 

North Carolina’s April 12, 2013, SIP 

revision in a previous rulemaking that 

was subject to public notice-andcomment. No adverse comments and 

one supportive comment were received 

on that proposed action. The EPA 

approved North Carolina’s April 12, 

2013, SIP revision on January 24, 2014. 

See 79 FR 4082. In this action, based on 

the previous approval of North 

Carolina’s April 12, 2013, SIP revision, 

and the fact that the Triad Area is 

currently attaining all ozone NAAQS, 

the EPA is approving North Carolina’s 

request to relax the high ozone season 

RVP standard for Davidson, Forsyth and 

Guilford Counties and a portion of 

Davie County from 7.8 psi to 9.0 psi. 

VII. Response to Comments 

On March 31, 2014 (79 FR 17889), the 

EPA published a direct final rule to 

approve requests from Florida and 

North Carolina for the EPA to relax the 

RVP standard in six counties in Florida 

and in the Triangle Area and Triad Area 

in North Carolina. The EPA published a 

parallel proposal in the event that 

adverse comments were received such 

that the direct final rule would need to 

be withdrawn. Specifically, in the direct 

final rule, the EPA stated that if adverse 

comments were received by April 30, 

2014, the direct final rule would be 

withdrawn and not take effect. The EPA 

further stated that the corresponding 

proposed rule would remain in effect 

and that any adverse comments received 

would be responded to in a subsequent 

final rule provided the EPA was able to 

address such comments.14 On March 29, 

2014, EPA received comments on the 

rulemaking. Although, for the reasons 

discussed below, these comments are 

outside of the scope of today’s action, 

the EPA viewed these comments as 

adverse. Therefore, the EPA has 

withdrawn the direct final rule in a 

separate Federal Register notice and is 

providing a summary of comments 

received and the EPA’s responses to the 

comments in today’s action. 

Comments: The commenter stated 

‘‘EPA must disapprove this proposal 

because EPA has failed to conduct a 

Clean Air Act 110(l) analysis of the 

impacts the increased emissions will 

have on the 2008 ozone NAAQS. In 

addition, EPA would need to reconsider 

its analysis for Florida and North 

Carolina’s CAA 110(a)(2)(D)(i) for the 

1997 ozone NAAQS and consider this 

rule rollback for 110(a)(2)(D)(i) for the 

2008 ozone NAAQS. This includes 

impacts in downwind nonattainment 

areas. Furthermore, ozone monitors in 

Forsyth and Guildford Counties have 

2010–2012 design values above the 2008 

ozone NAAQS.’’ 

Response: The EPA disagrees with the 

commenter’s assertions that EPA should 

disapprove the proposal, and generally 

believes these comments are beyond the 

scope of today’s action. Section 110(l) of 

the Clean Air Act applies to revisions to 

a state implementation plan submitted 

by a State. However, this rulemaking 

does not approve any SIP revisions. 

Rather, it revises federal regulations (40 

CFR Part 80) applicable to gasoline 

introduced into commerce in certain 

areas. Moreover, contrary to the 

commenter’s claims, EPA did evaluate 

the impacts of change to the 

summertime RVP (consistent with CAA 

section 110(l)) in relation to the States’ 

requests for the EPA to relax the RVP 

requirements for six counties in Florida 

and for the Triad and Triangle Areas in 

North Carolina. The EPA’s analyses in 

relation to the States’ requests for the 

EPA to relax the RVP requirement in the 

aforementioned areas were included in 

previous rulemakings (see 79 FR 47 

(January 2, 2014), 79 FR 573 (January 6, 

2014), and 79 FR 4082 (January 24, 

2014)) through which the EPA approved 

Florida and North Carolina’s SIP 

revisions that address these changes. 

The EPA’s analyses (which also 

included evaluation of impacts to the 

2008 8-hour ozone standard in addition 

to other applicable requirements of the 

CAA) for each area were subject to a 30- 

day public notice-and-comment, and no 

adverse comments were received on any 

of the proposed actions. The 

opportunity for the commenter to 

express concerns regarding the 

requirements of Section 110(l), and the 

EPA’s analyses of whether the change to 

the Federal RVP requirements for the six 

counties in Florida and for the Triangle 

and the Triad areas would interfere with 

attainment or maintenance of the 

NAAQS was during the EPA’s previous 

rulemakings where the EPA specifically 

solicited comment on this. The notices 

for this rulemaking did not reopen any 

of those actions. 

With regard to the commenter’s 

assertion that ‘‘. . . ozone monitors in 

Forsyth and Guildford Counties have 

2010–2012 design values above the 2008 

ozone NAAQS,’’ we note (as included in 

the EPA’s rulemaking for the Triad area 

(79 FR 4082)) that based on the 2011– 

2013 design values, the ozone monitors 

in Forsyth and Guilford Counties were 

not above the 2008 8-hour ozone 

NAAQS. 

The commenter also mentions that 

‘‘EPA would need to reconsider its 

analysis for Florida and North 

Carolina’s CAA 110(a)(2)(D)(i) for the 

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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29367 

15Florida and North Carolina both submitted SIPs 

intended to address the requirements of 

110(a)(2)(D)(i)(I) through participation in the CAIR 

trading programs. These SIP submissions were 

approved by EPA. See 72 FR 58016 (October 12, 

2007) (Florida), 72 FR 56914 (October 5, 2007) 

(North Carolina). The D.C. Circuit, however, 

subsequently remanded CAIR, finding that 

participation in the CAIR trading programs could 

not be said to satisfy states’ 110(a)(2)(D)(i)(I) 

obligations. In response to the remand of CAIR, the 

EPA has finalized a new rule to address the 

interstate transport of NOX and SO2 in the eastern 

United States. See 76 FR 48208 (August 8, 2011) 

(‘‘the Cross-State Air Pollution Rule’’ or CSAPR). 

This rule was vacated by the D.C. Circuit in 2012. 

EME Homer City Generation L.P. v. EPA, 696 F.3d 

7 (D.C. Cir. 2012), cert. granted 133 S.Ct. 2857 

(2013) On April 29, 2014 the Supreme Court 

reversed the judgment of the U.S. Court of Appeals 

for the D.C. Circuit and remanded the case for 

further proceedings. (EPA et al. v. EME Homer City 

Generation L.P., et al., Slip Op.No. 12–1182, S. Ct. 

2013, April 29, 2014) 

. 

1997 ozone NAAQS and consider this 

rule rollback for 110(a)(2)(D)(i) for the 

2008 ozone NAAQS.’’ This comment is 

not directly relevant to this action as the 

comment does not address whether or 

not the EPA should finalize the 

proposed action, but instead identifies 

additional actions the commenter 

believes the EPA would need to take if 

this action is finalized. Also, the 

comment does not clearly identify any 

specific analysis that should be 

reconsidered by the EPA. The EPA is 

currently working on a proposed rule to 

quantify state obligations with respect to 

section 110(a)(2)(D)(i)(I) for the 2008 

ozone NAAQS and will be accepting 

public comment on all aspects of that 

proposal. The EPA has not recently 

acted on SIP submissions addressing the 

requirements of section 110(a)(2)(D)(i) 

with respect to the 1997 ozone NAAQS 

for either Florida or North Carolina.15

VIII. Final Action 

The EPA is taking final action to 

approve requests from Florida and 

North Carolina for the EPA to relax the 

RVP applicable to gasoline introduced 

into commerce from June 1 to 

September 15 of each year in six 

counties in Florida, and in the counties 

of the Triangle and Triad Areas in North 

Carolina. Specifically, this action 

amends the applicable RVP standard 

from 7.8 psi to 9.0 psi provided at 40 

CFR 80.27(a)(2) for Broward, Dade, 

Duval, Hillsborough, Palm Beach and 

Pinellas counties in Florida; Wake and 

Durham Counties, and a portion of 

Dutchville Township in Granville 

County in the Triangle Area in North 

Carolina; and Davidson, Forsyth and 

Guilford Counties and a portion of 

Davie County in the Triad Area. 

IX. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

As of January 24, 2014, the Office of 

Management and Budget (OMB), 

determined that this action is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the Agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities directly regulated by 

this final rule are refiners, importers or 

blenders of gasoline that choose to 

produce or import low RVP gasoline for 

sale in the Florida and North Carolina 

areas and gasoline distributors and retail 

stations in those areas. 

This action will relax the Federal RVP 

standard for gasoline sold in portions of 

Florida and North Carolina, during the 

ozone control season (June 1 to 

September 15), from 7.8 psi to 9.0 psi, 

and is therefore expected not to have a 

significant economic impact on a 

substantial number of small entities. 

The rule does not impose any 

requirements or create impacts on small 

entities beyond those, if any, already 

required by or resulting from the CAA 

Section 211(h) Volatility Control 

program. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

Today’s final rule affects portions of 

Florida and North Carolina of which the 

EPA estimates lower fuel costs as a 

result of this action, therefore reducing 

cost on businesses and consumers. 

Thus, this rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. As 

discussed above, the rule relaxes an 

existing standard and affects only the 

gasoline industry. 

E. Executive Order 13132 (Federalism) 

This action does not have federalism 

implications. It will 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. Thus, Executive 

Order 13132 does not apply to this rule. 

F. Executive Order 13175 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This action does not have 

tribal implications, as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not believe the environmental 

health or safety risks addressed by this 

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29368 Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 

action present a disproportionate risk to 

children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the Agency 

decides not to use available and 

applicable voluntary consensus 

standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rule will relax 

the applicable volatility standard of 

gasoline during the summer possibly 

resulting in slightly higher mobile 

source emissions. However, Florida and 

North Carolina have demonstrated in 

maintenance plans that this action will 

not interfere with attainment of the 8- 

hour ozone NAAQS and therefore 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

are not an anticipated result. 

K. Congressional Review Act 

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. The 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). This rule 

will be effective on May 30, 2014. 

L. Petitions for Judicial Review 

Section 307(b)(1) of the CAA indicates 

which Federal Courts of Appeal have 

venue for petitions of review of final 

actions by the EPA. This section 

provides, in part, that petitions for 

review must be filed in the Court of 

Appeals for the District of Columbia 

Circuit: (i) when the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

This rule is ‘‘nationally applicable’’ 

within the meaning of section 307(b)(1). 

This rule establishes RVP requirements 

for multiple counties in different States. 

At the core of this rulemaking is the 

EPA’s interpretation of the requirements 

of section 211(h) of the CAA, and its 

application of that interpretation to 

different areas of the country. 

For the same reasons, the 

Administrator also is determining that 

this action is of nationwide scope and 

effect for the purposes of section 

307(b)(1). This is particularly 

appropriate because, in the report on the 

1977 Amendments that revised section 

307(b)(1) of the CAA, Congress noted 

that the Administrator’s determination 

that an action is of ‘‘nationwide scope 

or effect’’ would be appropriate for any 

action that has a scope or effect beyond 

a single judicial circuit. H.R. Rep. No. 

95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. Here, the scope 

and effect of this rulemaking extends to 

two different judicial circuits. In these 

circumstances, section 307(b)(1) and its 

legislative history calls for the 

Administrator to find the rule to be of 

‘‘nationwide scope or effect’’ and for 

venue to be in the D.C. Circuit. 

Thus, any petitions for review of final 

designations must be filed in the Court 

of Appeals for the District of Columbia 

Circuit within 60 days from the date 

final action is published in the Federal 

Register. 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). 

X. Legal Authority and Statutory 

Provisions 

Authority for this final action is in 

sections 211(h) and 301(a) of the CAA, 

42 U.S.C. 7545(h) and 7601(a). 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Fuel additives, 

Gasoline, Motor vehicle and motor 

vehicle engines, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: May 15, 2014. 

Gina McCarthy, 

Administrator. 

Title 40, chapter I, part 80 of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7545 and 

7601(a). 

■ 2. In § 80.27(a)(2)(ii), the table is 

amended by: 

■ a. Revising the entry for Florida; 

■ b. Revising the entry for North 

Carolina; and 

■ c. Adding footnotes 5, 6, and 7. 

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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations 29369 

The revisions and additions read as 

follows: 

§ 80.27 Controls and prohibitions on 

gasoline volatility. 

(a) * * * 

(2) * * * 

(ii) * * * 

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September 

*******

Florida ................................................................................... 9.0 9.0 9.0 9.0 9.0 

Southeast Florida, Tampa Bay and Jacksonville 5 ............... 9.0 9.0 9.0 9.0 9.0 

*******

North Carolina 

Triad 6 ............................................................................ 9.0 9.0 9.0 9.0 9.0 

Triangle 7 ....................................................................... 9.0 9.0 9.0 9.0 9.0 

All other volatility nonattainment areas ................................ 9.0 7.8 7.8 7.8 7.8 

*******

1Standards are expressed in pounds per square inch (psi). 

* * * * * * * 

5The standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties from June 1 until September 15 in 1992 through 

2013 was 7.8 psi. 6The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until September 15 in 1992 through 

2013 was 7.8 psi. 7The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from June 1 until September 15 in 

1992 through 2013 was 7.8 psi. 

* * * * * 

[FR Doc. 2014–11911 Filed 5–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF AGRICULTURE 

Office of Procurement and Property 

Management 

48 CFR Parts 436 and 452 

RIN 0599–AA21 

Agriculture Acquisition Regulation, 

Fire Suspension Suppression and 

Liability 

AGENCY: Office of Procurement and 

Property Management, Department of 

Agriculture. 

ACTION: Interim rule. 

SUMMARY: The Office of Procurement 

and Property Management (OPPM) of 

the Department of Agriculture (USDA) 

amends the Agriculture Acquisition 

Regulation (the ‘‘AGAR’’) by adding a 

new clause entitled ‘‘Fire Suppression 

and Liability.’’ 

Section 8205 of the Agricultural Act 

of 2014 (2014 Act) provided the USDA 

Forest Service with permanent authority 

for stewardship end results contracting 

by adding a new section 604 to the 

Healthy Forests Restoration Act of 2003. 

Section 8205 contains a requirement 

that the agency use a fire liability 

provision in all stewardship contracts 

and agreements that is in substantially 

the same form as the fire liability 

provisions contained in the integrated 

resource timber contract in Forest 

Service contract numbered 2400–13, 

part H, section H.4. This interim rule 

establishes a new clause in the AGAR, 

the USDA supplement to the Federal 

Acquisition Regulation (FAR), for use in 

Integrated Resource Service Contracts 

(IRSC) subject to the FAR. This new 

AGAR clause addresses fire liability on 

stewardship contracts as requred in the 

2014 Agricultural Act. 

DATES: This interim rule is effective May 

22, 2014. Interested parties should 

submit written comments on this 

interim rule, to the Department of 

Agriculture before June 23, 2014 to be 

considered in the formulation of a final 

rule. 

ADDRESSES: Submit comments 

identified in the subject line as ‘‘48 CFR 

436 Interim Rule’’ by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: Procurement.policy@

usda.gov. 

• Mail: Office of Procurement and 

Property Management, Procurement 

Policy Division, MAIL STOP 9306, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., 

Washington, DC 20250–9303. 

• Hand Delivery/Courier: 

Procurement Policy Division, Room 262, 

Reporters’ Building, 300 7th Street SW., 

Washington, DC 20025. 

Instructions: All submissions must be 

identified as ‘‘48 CFR 436 Interim Rule’’ 

for this rulemaking. Please include your 

name, company name (if applicable), 

email address and/or phone number 

where you can be contacted if 

additional clarification is required 

regarding your comment(s). 

FOR FURTHER INFORMATION CONTACT: 

Please contact Curt Brown, Office of 

Procurement and Property Management, 

by telephone at (202) 720–0840, by 

email at Curt.Brown@dm.usda.gov, or by 

mail at OPPM, MAIL STOP 9304—U.S. 

Department of Agriculture—1400 

Independence Avenue SW., 

Washington, DC 20250–9303. Please cite 

‘‘48 CFR 436 (Interim Rule)’’ in all 

correspondence. 

Individuals who use 

telecommunication devices for the deaf 

may call the Federal Information Relay 

Service at 800–877–8339 between 8:00 

a.m. and 8:00 p.m., Eastern Daylight 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

1. Background 

Beginning in 1998 with the enactment 

of section 347 of the Department of the 

Interior and Related Agencies 

Appropriation Act, 1999, the Forest 

Service has been authorized to carry out 

Stewardship End Results Contracting 

Projects; first on a pilot basis and then, 

through a succession of subsequent 

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