[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Rules and Regulations]
[Pages 53378-53383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21303]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0836-200739(a); FRL-8714-8]


Approval and Promulgation of Implementation Plans; Florida; 
Removal of Gasoline Vapor Recovery From Southeast Florida Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the State of Florida (Florida) on May 31, 2007, for the 
purpose of removing Stage II vapor control requirements for new and 
upgraded gasoline dispensing facilities in Dade, Broward, and Palm 
Beach Counties (hereafter refer to as the ``Southeast Florida Area''), 
and to phase out Stage II requirements for existing facilities in those 
counties. In addition, EPA is approving this SIP revision which 
requires new and upgraded gasoline dispensing facilities and new bulk 
gasoline plants statewide to employ Stage I vapor control systems, and 
phases in Stage I vapor control requirements statewide for existing 
gasoline dispensing facilities.

DATES: This direct final rule is effective November 17, 2008 without 
further notice, unless EPA receives adverse comment by October 16, 
2008. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0836, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#660a0315070803480e030f020f2603160748010910"><span class="__cf_email__" data-cfemail="aec2cbddcfc0cb80c6cbc7cac7eecbdecf80c9c1d8">[email protected]</span></a>.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2007-0836,'' 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: Heidi LeSane, 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 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0836. 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 e-
mail, 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 e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail 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 home 
page 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

[[Page 53379]]

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: Heidi LeSane, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9074. Ms. LeSane can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#f69a9385979893d89e939f929fb6938697d8919980"><span class="__cf_email__" data-cfemail="8ee2ebfdefe0eba0e6ebe7eae7ceebfeefa0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Effective January 6, 1992, EPA under the Clean Air Act Amendments 
of 1990 (CAA or ``the Act''), designated and classified the three-
county Southeast Florida Area consisting of Palm Beach, Broward, and 
Dade Counties as a ``moderate'' ozone nonattainment area. (56 FR 
56694). The designation was based on the area's 1-hour ozone design 
value, 138 parts per billion (ppb), for the three-year period 1987-
1989. Pursuant to the requirements of section 182(b)(3) of the CAA, the 
Florida Department of Environmental Protection (FDEP) developed Florida 
Administrative Code (F.A.C.) Rule 62-252.400, Gasoline Dispensing 
Facilities--Stage II Vapor Recovery, and submitted the rule to EPA for 
approval as part of Florida's ozone SIP. The rule was adopted by FDEP 
effective February 2, 1993, and approved by EPA effective April 25, 
1994 (59 FR 13883). Under the State rule, new gasoline dispensing 
facilities built after November 15, 1992, were required to employ Stage 
II systems upon start-up; existing facilities were required to install 
Stage II systems by specific dates ranging from June 30, 1993, to 
November 15, 1994.
    On November 8, 1993, having implemented all measures required of 
the State to that date for moderate ozone nonattainment areas under the 
CAA, and with three years of data (1990-1992) showing compliance with 
the 1-hour ozone standard, FDEP submitted to EPA an ozone maintenance 
plan and request for redesignation of the Southeast Florida Area to 
attainment status. The maintenance plan, as required under section 175A 
of the CAA, showed that nitrogen oxides (NO<INF>X</INF>) and volatile 
organic compound (VOC) emissions in the area would remain below the 
1990 ``attainment year'' levels throughout the ten-year period from 
1995 to 2005. In making these projections, FDEP factored in the 
emissions benefit (primarily VOCs) of the area's Stage II program, 
thereby expressing the State's intent to maintain this program as part 
of its 1-hour ozone SIP. The redesignation request and maintenance plan 
were approved by EPA, effective April 25, 1995 (60 FR 10325). 
Subsequently, the maintenance plan was extended by FDEP to 2015 and 
approved by EPA, effective April 13, 2004 (69 FR 7127).
    On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor 
vehicles. Under Section 202(a)(6) of the CAA, moderate ozone 
nonattainment areas are not required to implement Stage II vapor 
recovery programs after promulgation of ORVR standards. Since the 
Southeast Florida Stage II program was already in place and had been 
included in the State's November 8, 1993, redesignation request and 1-
hour ozone maintenance plan for the area, FDEP elected not to remove 
the program from the SIP at that time.\1\
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    \1\ The Phase I implementation rule for the 1997 8-hour ozone 
standard, at 40 CFR 51.905(4), requires that any ``applicable 
requirement'' under the 1-hour ozone SIP, if rescinded, be retained 
as a contingency measure in the 8-hour ozone SIP. However, since the 
Southeast Florida Stage II vapor recovery program ceased to be an 
``applicable requirement'' upon EPA's promulgation of the ORVR 
standards in 1994, the State is not obligated, and is not proposing, 
to retain the program as a contingency measure.
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II. Analysis of State's Submittal

A. Requested Removal of Stage II Requirements

    EPA's primary consideration for determining the approvability of 
Florida's request to remove Stage II vapor control requirements for new 
and upgraded gasoline dispensing facilities in the Southeast Florida 
Area, and for the phase out of Stage II requirements for existing 
facilities in those counties is whether this requested action complies 
with section 110(l) of the CAA. Below is EPA's analysis of these 
considerations.
1. Federal Requirements for Stage II
    As a result of the 1990 CAA amendments, states were required to 
adopt Stage II rules for all areas classified as ``moderate'' or worse 
under section 182(b)(3) of the CAA. In addition, Section 202(a)(6) of 
the CAA required EPA to promulgate Onboard Vapor Recovery standards. 
Section 202(a)(6) further provides that ``the requirements of section 
182(b)(3) (relating to Stage II gasoline vapor recovery) for areas 
classified under section 181 as moderate for ozone shall not apply 
after promulgation of such standards.'' Onboard Refueling Vapor 
Recovery (ORVR) regulations were promulgated by EPA on April 6, 1994 
(see, 59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, the 
CAA no longer requires moderate areas to impose Stage II controls under 
section 182(b)(3), and such areas may seek SIP revisions to remove such 
requirements from their SIPs, subject to section 110(l) of the Act. 
Section 110(l) of the CAA, states:

    Plan Revision--Each revision to an implementation plan submitted 
by a State under this Chapter shall be adopted by such State after 
reasonable notice and public hearing. The Administrator shall not 
approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 7501 of this title), or any 
other applicable requirement of this Chapter.

As such, Florida must make demonstration of noninterference to remove 
Stage II from the SIP for the Southeast Florida area. EPA's policy 
memoranda related to ORVR, dated March 9, 1993, and June 23, 1993, 
provided further guidance on an allowance for removing stage II 
requirements from certain areas.
2. Southeast Florida's Air Quality Status
    On April 30, 2004, EPA published the nonattainment and attainment 
designations for the 1997 8-hour ozone standard (69 FR 23857). The 
Southeast Florida Area was determined to be in attainment for the 8-
hour ozone standard. With regard to the 1-hour and 8-hour ozone NAAQS, 
Southeast Florida is still in attainment and has provided monitoring 
data in the submittal for both standards through 2006 which 
demonstrates this attainment. Compliance with the 8-hour ozone standard 
is demonstrated at 84 ppb and for the 1-hour ozone standard, compliance 
was demonstrated at 124 ppb. For the period of 2004-2006, the 8-hour 
ozone design value was 70 ppb, and the 1-hour ozone design value was 92 
ppb.
    On January 5, 2005, EPA published nonattainment and attainment 
designations for the PM<INF>2.5</INF> standard (70 FR 944). The 
Southeast Florida Area was designated as attainment for the 
PM<INF>2.5</INF> standard and has remained in attainment through 2006. 
Compliance for the current PM<INF>2.5</INF> annual standard is

[[Page 53380]]

15 micro-grams per cubic meter ([mu]g/m\3\). The annual 
PM<INF>2.5</INF> design value for Southeast Florida for the period of 
2004-2006 was 9.5 [mu]g/m\3\.
    On October 17, 2006, EPA promulgated a revised NAAQS for 
PM<INF>2.5</INF>. The effective date for the new standard was December 
18, 2006. EPA retained the annual PM<INF>2.5</INF> standard of 15 
[mu]g/m\3\ and revised the 24-hour PM<INF>2.5</INF> standard, changing 
it from 65 [mu]g/m\3\ to 35 [mu]g/m\3\. FDEP submitted a letter dated 
December 12, 2007, which recommended that the entire State of Florida 
be designated as attainment for PM<INF>2.5</INF>.
    Although the Southeast Florida Area is in attainment for the 1-hour 
ozone, 8-hour ozone and PM<INF>2.5</INF> standards, section 110(l) 
still requires that this area demonstrate noninterference for any SIP 
revision related to these standards.
    On March 12, 2008, EPA strengthened its NAAQS for ground-level 
ozone, the primary component of smog. These changes will improve 
protection of both public health and sensitive trees and plants. EPA is 
revising the 8-hour ``primary'' ozone standard, designed to protect 
public health, to a level of 0.075 parts per million (ppm). The 
previous standard, set in 1997, was 0.08 ppm. The Southeast Florida 
Area 8-hour ozone standard design values for the years 2004-2006 are as 
follows: 0.072 ppm for Dade, 0.066 ppm for Broward and 0.066 ppm for 
Palm Beach. These levels are below both the 1997 8-hour ozone standard 
and the 2008 8-hour ozone standard.
3. Noninterference Demonstration for Removal of Stage II
    Removing the Stage II vapor recovery requirement from the Southeast 
Florida Area's portion of the Florida SIP may result in a small, 
temporary increase in VOC emissions within the three Southeast Florida 
counties. However, as explained below, implementation of the ORVR 
requirements ensures noninterference with the NAAQS. The following 
table shows the expected emission changes in comparison with the 
emissions that would occur if the Stage II vapor recovery requirement 
were to remain in force.

                                                Table 1--VOC Emissions From Vehicle Refueling (Stage II)
                                                                  [Tons per day (tpd)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             2005                          2010                                    2015
                                                     ---------------------------------------------------------------------------------------------------
                                                         With Stage II       With Stage II     Without Stage II      With Stage II     Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade..........................................                1.43                1.04                3.22                0.87                2.04
Broward.............................................                1.26                0.92                2.86                0.78                1.81
Palm Beach..........................................                0.95                0.71                2.19                0.61                1.42
SE Florida Total....................................                3.64                2.67                8.27                2.26                5.27
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA's analysis involved a comparison of the VOC emissions 
attributed to the Stage II program (see, Table 1 above) to the total 
VOC emissions projected for the Southeast Florida Area in the most 
recent 1-hour ozone maintenance plan \2\ (see Table 2 below).
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    \2\ Air Quality Maintenance Plan (2005-2015) Dade, Broward, Palm 
Beach Counties, December 2002.

                        Table 2--Total VOC \3\ Emissions From Southeast Florida Area With & Without Vehicle Refueling (Stage II)
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    1990              2005                       2010                                2015
                                             -----------------------------------------------------------------------------------------------------------
                                              Without Stage II    With Stage II     With Stage II   Without Stage II    With Stage II   Without Stage II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miami-Dade..................................             399.8             208.3             200.0             202.1             191.6             192.8
Broward.....................................             239.6             154.6             145.3             147.2             135.9             136.9
Palm Beach..................................             228.4             149.7             143.2             144.7             136.7             137.5
SE Florida Total............................             867.8             512.6             488.4             494.0             464.2             467.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Since 1990, the year that the Southeast Florida Area came into 
attainment with the 1-hour standard, VOC emissions from all sources 
have continued to decline. From a 1990 value of 867.8 tpd, VOC 
emissions decreased to 512.6 tpd in 2005. As a result of turnover of 
the vehicle fleet and other programs designed to reduce emissions, VOC 
emissions in the Southeast Florida Area are expected to further decline 
to 488.4 tpd and 464.2 tpd in 2010 and 2015, respectively, if the Stage 
II vapor recovery program is continued (and does not produce ORVR 
incompatibility-related excess emissions). Without credit for the Stage 
II program, the VOC emissions would potentially be 494.0 tpd in 2010 
and 467.2 tpd in 2015, which is still below current levels and well 
below the 1990 attainment-year emissions ``ceiling.'' Thus, the 
additional emissions that may result from the phase-out of the Stage II 
program do not appear to compromise continued attainment of the former 
1-hour ozone standard or the more restrictive 8-hour ozone standard.
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    \3\ The total VOC emissions in this area also include a biogenic 
component that is assumed constant over time. The biogenic VOC 
emissions for the individual counties are estimated at 211.3 tpd for 
Miami-Dade, 174.5 tpd for Broward, and 399.6 tpd for Palm Beach. 
These amounts can be added to the man-made emissions to get the 
total VOC emissions.
---------------------------------------------------------------------------

    Any VOC emissions increase that may result from the phase out of 
the Stage II program is not expected to cause a violation of the 8-hour 
ozone standard in the Southeast Florida Area. An analogous emissions 
ceiling for maintenance of the 8-hour standard can be approximated. 
Although the three-county Southeast Florida Area has never violated the 
8-hour standard, the years 1988 and 1989 had the closest design values 
to the level of the standard (84 ppb and 83 ppb, respectively). Since 
VOC emissions have steadily decreased over the last two decades, 
emissions in 1988 and 1989 were greater than 1990 emissions. Thus, the 
1990 attainment-

[[Page 53381]]

year emissions ceiling, as determined for the 1-hour standard, 
represents a reasonable emissions ceiling for maintenance of the 8-hour 
standard, and the logic given above for noninterference with 
maintenance of the former 1-hour standard applies also to the current 
8-hour standard. As mentioned previously in this rulemaking, the 
Southeast Florida Area has current monitoring data that demonstrates 
attainment with the 8-hour ozone standard.
    It is expected that the removal of the Stage II gasoline vapor 
recovery program in the Southeast Florida Area will not interfere with 
continued compliance with the PM<INF>2.5</INF> standard. EPA's review 
of the available information indicates that sulfates and carbon make up 
approximately 70 percent of the precursors for PM<INF>2.5</INF> 
formation in Florida. As mentioned previously in this rulemaking, the 
Southeast Florida Area has current monitoring data that demonstrates 
attainment with both the annual and the daily PM<INF>2.5</INF> 
standards.
    Based on the factors mentioned above, EPA believes that Florida's 
demonstration to remove the Stage II requirement from the Florida SIP 
for the Southeast Florida Area is consistent with section 110(l) of the 
CAA and will not interfere with compliance for the new NAAQS in the 
Southeast Florida Area.

B. Requested Approval of Statewide Stage I Vapor Control Requirements

    Florida's Stage I vapor recovery is currently required for gasoline 
dispensing facilities in the seven counties designated as maintenance 
areas for ozone (Duval, Orange, Hillsborough, Pinellas, Palm Beach, 
Broward, and Miami-Dade). In addition to removing Stage II requirements 
for Southeast Florida, this SIP revision will require Stage I vapor 
recovery at new and upgraded gasoline dispensing facilities statewide; 
phase in Stage I vapor recovery statewide for existing gasoline 
dispensing facilities not previously required to have Stage I; and 
require tanker trucks and trailers to ensure connection of the vapor 
return line at facilities equipped for Stage I vapor recovery 
statewide. The phase-in of Stage I vapor control on a statewide basis 
will likely result in a net reduction in air pollutant transport across 
Florida's borders.

III. Final Action

    EPA is approving the SIP revision submitted by the State of Florida 
for the purpose of removing Stage II vapor control requirements for new 
and upgraded gasoline dispensing facilities in Miami-Dade, Broward, and 
Palm Beach Counties, and phasing out Stage II requirements for existing 
facilities in those counties. EPA is also approving rule changes which 
would require new and upgraded gasoline dispensing facilities and new 
bulk gasoline plants statewide to employ Stage I vapor control systems, 
and it would phase in Stage I vapor control requirements statewide for 
existing gasoline dispensing facilities. This SIP revision includes 
changes to F.A.C. Chapters 62-210.200 Definitions, 62-210.310 Air 
General Permits, 62-210.920 Air General Permit Forms, 62-252.200 
Definitions, 62-252.300 Gasoline Dispensing Facilities--Stage I Vapor 
Recovery, 62-252.400 Gasoline Dispensing Facilities--Stage II Vapor 
Recovery, 62-252.500 Gasoline Tanker Trucks, 62-296-418 Bulk Gasoline 
Plants, and 62-296.509 Bulk Gasoline Plants (Repealed).
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective November 17, 
2008 without further notice unless the Agency receives adverse comments 
by October 16, 2008.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 17, 2008 and no 
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 53382]]

the Federal Register. A major rule cannot take effect until 60 days 
after it is published in the Federal Register. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 17, 2008. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 29, 2008.
Russell L. Wright, Jr.
Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K Florida

0
2. Section 52.520(c) is amended by:
0
a. Revising entries for ``62-210.200'', ``62-210.300'', ``62-252.200'', 
``62-252.300'', ``62-252.400'', ``62-252.500'', ``62-296.509'' and
0
b. Adding entries for ``62-210.310'', ``62-210.920'', and ``62-
296.418'' to read as follows:


52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-210.200.................  Definitions..........          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
 
                                                  * * * * * * *
62-210.300.................  Permits Required.....          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
62-210.310.................  Air General Permits..          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
 
                                                  * * * * * * *
62-210.920.................  Air General Permit             9/4/06  9/16/08
                              Forms.                                [Insert citation of
                                                                     publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------
 
                                                 * * * * * * *
62-252.200.................  Definitions..........          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
62-252.300.................  Gasoline Dispensing            9/4/06  9/16/08
                              Facilities--Stage I                   [Insert citation of
                              Vapor Recovery.                        publication].
62-252.400.................  Gasoline Dispensing            9/4/06  9/16/08
                              Facilities--Stage II                  [Insert citation of
                              Vapor Recovery.                        publication].
62-252.500.................  Gasoline Tanker                9/4/06  9/16/08
                              Trucks.                               [Insert citation of
                                                                     publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-296.418.................  Bulk Gasoline Plants.          9/4/06  9/16/08
                                                                    [Insert citation of
                                                                     publication].
 
                                                  * * * * * * *
62-296.509.................  Bulk Gasoline Plants.  ..............  .....................  Repealed.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 53383]]

* * * * *
 [FR Doc. E8-21303 Filed 9-15-08; 8:45 am]
BILLING CODE 6560-50-P


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