Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26103 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: May 15, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart PP—South Carolina 

■ 2. Section 52.2120(e) is amended by 

adding a new entry for the ‘‘Cherokee 

County 8-Hour Ozone Section 110(a)(1) 

Maintenance Plan for the 1997 8-hour 

ozone standard’’ to read as follows: 

§ 52.2210 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

Effective date EPA approval date Explanation 

* * * * * * * 

Cherokee County 110(a)(1) Maintenance Plan for the 1997 8-Hour 

Ozone Standard.

Cherokee County 12/13/2007 July 31, 2009. [Insert citation of publication].

[FR Doc. E9–12546 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0836–200739(f); 

FRL–8911–6] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Removal of Gasoline Vapor Recovery 

From the Southeast Florida Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of 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 referred 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. This final 

rule addresses a comment made on 

EPA’s proposed rulemaking previously 

published for this action. 

DATES: This rule will be effective July 1, 

2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–0836. All documents in the 

electronic docket are listed in the http:// 

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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that, if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, 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) 562–9352. 

Ms. Bradley can also be reached via 

electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA Guidance and Clean Air Act (CAA) 

Requirements 

III. Today’s Action 

IV. Comment and Response 

V. Final Action 

VI. Statutory and Executive Order Review 

I. Background 

On January 6, 1992, EPA designated 

the Southeast Florida Area as a 

‘‘moderate’’ ozone nonattainment area 

for the 1-hour ozone standard (56 FR 

56694). As a result of the designation, 

the State of Florida was required to 

implement Stage II vapor recovery. 

Pursuant to the requirements of section 

182(b)(3) of the CAA, Florida developed 

Florida Administrative Code (F.A.C.) 

Rule 62–252.400, ‘‘Gasoline Dispensing 

Facilities-Stage II Vapor Recovery.’’ The 

rule established that new gasoline 

dispensing facilities built after 

November 15, 1992, were required to 

employ Stage II systems upon start-up; 

and existing facilities were required to 

install Stage II systems by specific dates 

ranging from June 30, 1993, to 

November 15, 1994. This State rule was 

submitted as part of Florida’s SIP and 

approved by EPA effective April 25, 

1994 (59 FR 13883). 

On November 8, 1993, Florida 

submitted to EPA an ozone 

redesignation request and maintenance 

plan for the Southeast Florida Area for 

attainment status for the 1-hour ozone 

standard. This request was due to the 

State implementing all measures 

required for moderate ozone 

26104 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

1On February 24, 2009, the U.S. Court of Appeals 

for the DC Circuit granted a petition for review of 

EPA’s decision to retain the annual PM2.5 standard 

of 15 μg/m3 and remanded the matter to EPA for 

further proceedings but did not vacate the standard. 

American Farm Bureau Federation v. EPA (D.C. 

Cir., No. 06–1410). 

nonattainment areas under the CAA and 

exhibiting three years of clean data 

(1990–1992) for the 1-hour ozone 

standard. The maintenance plan, 

demonstrated that nitrogen oxides 

(NOX) 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, Florida factored in the 

emissions benefit (primarily VOCs) of 

the area’s Stage II program, thereby 

maintaining this program as part of its 

1-hour ozone SIP. EPA approved the 

maintenance plan and redesignation 

request effective April 25, 1995 (60 FR 

10325). Subsequently, the maintenance 

plan was extended by Florida to 2015 

and approved by EPA, effective April 

13, 2004 (69 FR 7127). 

On May 31, 2007, Florida submitted 

a SIP revision requesting the removal of 

Stage II vapor control requirements for 

new and upgraded gasoline dispensing 

facilities in the Southeast Florida Area, 

and to phase out Stage II requirements 

for existing facilities in those counties. 

In addition to removing Stage II 

requirements for the Southeast Florida 

Area, Florida’s SIP revision requires 

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 tanker 

trucks and trailers to ensure connection 

of the vapor return line at facilities 

equipped for Stage I vapor recovery 

statewide. Currently, Florida’s Stage I 

vapor recovery is required for gasoline 

dispensing facilities in seven counties 

designated as maintenance areas for 8- 

hour ozone (including Duval, Orange, 

Hillsborough, Pinellas, Palm Beach, 

Broward, and Miami-Dade Counties). 

On September 16, 2008, EPA 

simultaneously published a proposed 

rule (73 FR 53404) and a direct final 

rule (73 FR 53378) approving the 

aforementioned revisions to Florida’s 

SIP. The proposed and direct final rules 

stated that if EPA received adverse 

comment by October 16, 2008, the direct 

final rule would be withdrawn and 

would not take effect. EPA subsequently 

received an adverse comment regarding 

the approval of the submittal on 

September 16, 2008, and thus withdrew 

the direct final rulemaking on October 

27, 2008 (73 FR 63639). 

II. EPA Guidance and CAA 

Requirements 

On April 6, 1994, EPA promulgated 

the regulations requiring the phase-in of 

on-board refueling vapor recovery 

(ORVR) systems on new motor vehicles. 

Under CAA section 202(a)(6) areas 

classified under section 181 as moderate 

ozone nonattainment areas were not 

required to implement Stage II vapor 

recovery programs after promulgation of 

the ORVR standards. The CAA no 

longer required moderate areas to 

impose Stage II controls under section 

182(b)(3) and such areas could 

implement SIP revisions to remove the 

requirements. However, at the time of 

ORVR promulgation, the Southeast 

Florida Area 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; therefore 

Florida elected not to remove the 

program from the SIP at that time. 

As mentioned above, the Southeast 

Florida Area is currently designated as 

attainment for the 1997 8-hour (0.08 

parts per million (ppm)) ozone standard 

and has had an approved attainment 

and maintenance plan for the 1-hour 

ozone standard since April 25, 1995 (60 

FR 10325). On March 12, 2008, EPA 

strengthened its National Ambient Air 

Quality Standard (NAAQS) for the 8- 

hour primary ground-level ozone 

standard from 0.08 ppm (previously set 

in 1997) to 0.075 ppm. The Southeast 

Florida Area’s 8-hour ozone standard 

design values for the years 2005–2007 

were 0.074 ppm for Dade County, 0.067 

ppm for Broward County and 0.066 ppm 

for Palm Beach County. These levels 

were below both the 1997 8-hour ozone 

standard and the 2008 8-hour ozone 

standard. Preliminary data through 2008 

indicates that the Southeast Florida 

Area is in compliance of both the 1997 

and 2008 8-hour ozone standards. 

On January 5, 2005, EPA published 

nonattainment and attainment 

designations for the PM2.5 standard (70 

FR 944). The Southeast Florida Area 

was designated as attainment for the 

PM2.5 standard and has remained in 

attainment through 2008. The level of 

the current PM2.5 annual standard is 15 

micrograms per cubic meter (μg/m3). 

The annual PM2.5 design value for 

Southeast Florida Area for the period of 

2005–2007 was 8.6 μg/m3. On October 

17, 2006, EPA promulgated a revised 

NAAQS for PM2.5 retaining the annual 

PM2.5 standard of 15 μg/m3 and revising 

the 24-hour PM2.5 standard from 65 

μg/m3 to 35 μg/m3. The effective date for 

the new standard was December 18, 

2006.1 Florida submitted a letter dated 

December 12, 2007, which 

recommended that the entire State of 

Florida be designated as attainment for 

the PM2.5 standard. On December 22, 

2008, in accordance with the CAA, EPA 

designated the State of Florida 

(including Southeast Florida Area) as 

attainment of the 2006, 24-hour PM2.5

standard. The daily PM2.5 design value 

for Southeast Florida Area for the period 

of 2005–2007 was 24.3 μg/m3. 

Preliminary data through 2008 indicates 

that the Southeast Florida Area is in 

compliance of both the 1997 and 2006 

particulate matter standards. 

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 contingent on whether this requested 

action complies with section 110(l) of 

the CAA. Section 110(l) of the CAA 

states that: 

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. 

III. Today’s Action 

EPA is taking final action to approve 

the SIP revision submitted by 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. Additionally, EPA is 

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 

would phase in Stage I vapor control 

requirements statewide for existing 

gasoline dispensing facilities. EPA is 

also responding to the adverse comment 

received on the September 16, 2008, 

rulemaking proposing to approve the 

aforementioned revisions (see 73 FR 

53378). These approval actions are 

based on EPA’s analyses of whether 

these requests comply with section 

110(l) of the CAA. EPA’s analyses for 

the State of Florida’s submittal are 

described in detail in the proposed and 

direct final rules published September 

16, 2008 (73 FR 53404 and 73 FR 53378, 

respectively). 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26105 

2The 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. 

IV. Comment and Response 

The following is a summary of the 

adverse comment received on the direct 

final and proposed rules published, 

September 16, 2008, and EPA’s response 

to the comment. 

Comment: The commenter alleges that 

removal of the Stage II vapor recovery 

requirement with sole reliance on ORVR 

canisters to reduce vehicle refueling 

emissions violates the EPA rules for 

such emissions to be less than or equal 

to 0.2 grams/gallon. The commenter 

provided data from a study that the 

commenter believes supports his claim. 

Response: The commenter provided 

three sets of test data that he alleges 

shows that existing ORVR systems emit 

in excess of 0.2 grams/gallon. The 

results of the three sets of test data 

presented claim that actual emissions 

range from 0.481 to 1.002 grams/gallon. 

The commenter does not explain why 

he believes this is relevant to the 

removal of Stage II requirements in the 

Southeast Florida Area. 

In this rulemaking, EPA is making no 

finding on the validity of the test data 

or the commenter’s interpretation of the 

results presented. Rather, EPA assessed 

whether excess emissions of the 

magnitude alleged to occur by the 

commenter could impact the 

noninterference demonstration prepared 

by Florida. 

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. In the May 

31, 2007, SIP revision, Florida estimated 

anthropogenic VOC emissions in the 

Southeast Florida Area to be 512.6 tons/ 

day in 2005, falling to 494.6 tons/day in 

2010 and 467.2 tons/day in 2015. By 

comparison, 1990 VOC emission rates 

were 867.8 tons/day. Florida has 

projected a continued decrease in VOC 

emissions from 2005 to 2010 and 2015 

even with the removal of Stage II vapor 

recovery systems. Specifically, Florida 

projects reductions from 2005 VOC 

emission rates of 18 tons/day in 2010 

and 45.4 tons/day in 2015. 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—TOTAL VOC 2 EMISSIONS FROM SOUTHEAST FLORIDA AREA WITH & WITHOUT VEHICLE REFUELING (STAGE II) 

[Tons per day] 

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 

Using 2007 gasoline and gasohol sales 

data, if the commenter’s data are 

accurate, the Southeast Florida Area 

emission inventories projections for 

2010 and 2015 would only increase by 

1.98 to 5.64 tons/day. This is 

significantly less than the expected 

reductions projected to occur from 2005 

to 2010 (18 tons/day) and 2015 (45 tons/ 

day). Hence, EPA concludes that even if 

the commenter’s data are accurate, 

emissions of VOCs in the Southeast 

Florida Area would still continue to 

decrease from 2005 emission levels. 

Since the Southeast Florida Area was in 

attainment in 2005 for the ozone 

NAAQS, and continues to be in 

attainment, EPA has determined that 

removal of Stage II vapor recovery 

systems in the Southeast Florida Area 

would not result in interference with 

attainment or maintenance of the ozone 

NAAQS. Similarly, the Southeast 

Florida area is in attainment for the 

particulate matter NAAQS and, for the 

reasons stated in the proposal and 

previous direct final rule, EPA has 

determined that removal of Stage II 

vapor recovery systems in the Southeast 

Florida Area would not result in 

interference with attainment or 

maintenance of the ozone and 

particulate matter NAAQS, or any other 

Clean Air Act applicable requirement. 

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. 

V. Final Action 

EPA is taking final action to approve 

the revisions to the Florida SIP 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. Additionally, EPA is 

approving rule changes that would 

require new and upgraded gasoline 

dispensing facilities and new bulk 

gasoline plants statewide to employ 

Stage I vapor control systems, and 

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). These revisions are 

consistent with EPA guidance and the 

CAA, as amended in 1990. 

VI. 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: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

26106 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 31, 2009. 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: May 11, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(c) is amended by: 

■ a. Under Chapter 62–210 revising 

entries for ‘‘62–210.200’’ and ‘‘62– 

210.300’’ and 

■ b. Under Chapter 62–252 revising 

entries for ‘‘62–252.200’’, ‘‘62–252.300’’, 

‘‘62–252.400’’ and ‘‘62–252.500’’ and 

■ c. Under Chapter 62–296, revising 

entry for ‘‘62–296–509’’ and 

■ d. Under Chapter 62–210, adding 

entries for ‘‘62–210.310’’ and ‘‘62– 

210.920’’ and 

■ e. Under Chapter 62–296, adding the 

entry for ‘‘62–296.418’’ to read as 

follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 62–210 Stationary Sources—General Requirements 

* * * * * * * 

62–210.200 ............... Definitions ........................................ 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

62–210.300 ............... Permits Required ............................ 9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–210.310 ............... Air General Permits ......................... 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

62–210.920 ............... Air General Permit Forms ............... 9/4/2006 June 1, 2009. [Insert citation of 

publication].

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26107 

EPA-APPROVED FLORIDA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 62–252 Gasoline Vapor Control 

* * * * * * * 

62–252.200 ............... Definitions ........................................ 9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.300 ............... Gasoline Dispensing FacilitiesStage I Vapor Recovery.9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.400 ............... Gasoline Dispensing FacilitiesStage II Vapor Recovery.9/4/2006 June 1, 2009. [Insert citation of 

publication].

62–252.500 ............... Gasoline Tanker Trucks .................. 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

Chapter 62–296 Stationary Sources—Emission Standards 

* * * * * * * 

62–296.418 ............... Bulk Gasoline Plants ....................... 9/4/2006 June 1, 2009. [Insert citation of 

publication].

* * * * * * * 

62–296.509 ............... Bulk Gasoline Plants ....................... ........................ June 1, 2009. [Insert citation of 

publication].

Repealed. 

* * * * * * * 

* * * * * 

[FR Doc. E9–12575 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 546 and 552 

[GSAR Amendment 2009–08; GSAR Case 

2008–G514 (Change 36); Docket 2008–0007; 

Sequence 7] 

RIN 3090–AI69 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G514; Rewrite of Part 546, 

Quality Assurance 

AGENCIES: General Services 

Administration (GSA), Office of the 

Chief Acquisition Officer. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) by 

revising sections of GSAR Part 546 and 

552 that provides requirements for 

quality assurance. 

DATES: Effective Date: June 1, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Jeritta 

Parnell, Procurement Analyst, at (202) 

501–4082. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat (VPR), 1800 F 

Street, NW, Room 4041, Washington, 

DC, 20405, (202) 501–4755. Please cite 

Amendment 2009–08, GSAR case 2008– 

G514 (Change 36). 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the General 

Services Administration Acquisition 

Regulation (GSAR) to revise GSAR Parts 

546 and 552 as follows: 

The GSAR section 546.302–70, Source 

Inspection by Quality Approved 

Manufacturer for fixed-price supply 

contracts, is revised to include 

applicability to certain programs, i.e., 

stock, special order program, wildfire. 

The subsection is revised to include 

reference to FAR 52.246–2, Inspection 

of Supplies—Fixed Price. 

The GSAR section 546.302–71, Source 

inspection, is retained with no revisions 

to the clause except for the replacement 

of Federal Supply Service (FSS) with 

Federal Acquisition Service (FAS). 

The GSAR section 546.302–72, 

Destination inspection, is added to 

prescribe the clause at 552.246–78, 

Inspection at Destination. 

The language in GSAR 546.312, 

Construction contracts, that prescribes 

the clause at 552.246–72, Final 

Inspection and Tests, is retained. 

The language in GSAR 546.470–2, 

Certification Testing, is deleted. 

The language in GSAR 546.708, 

Warranties of data, is revised to place 

emphasis on the role of the contracting 

officer. 

The language in GSAR 546.710, 

Contract clause, is revised to add the 

clause at 552.246–77, Additional 

Contract Warranty Provisions for 

Supplies of a Noncomplex Nature. This 

clause is used when the FAR clause at 

52.246–17, Warranty of Supplies of a 

Noncomplex Nature, is included in 

solicitations and contracts. The 

prescriptive language in paragraphs (b), 

(c), and (d) is deleted. The clauses 

prescribed in paragraphs (b), (c), and (d) 

are being deleted. 

The clause at GSAR 552.246–17, 

Warranty of Supplies of a Noncomplex 

Nature, is being deleted as it 

unnecessarily repeats, paraphrases, or 

otherwise restates material contained in 

the FAR. A new clause GSAR 552.246– 

77, Additional Contract Warranty 

Provisions for Supplies of a 

Noncomplex Nature, is added to 

provide for GSA unique rights and 

remedies. 

The clause at GSAR 552.246.70, 

Source Inspection by Quality Approved 

Manufacturer, is revised to edit and 

clarify existing clause language.