[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6976]


[[Page Unknown]]

[Federal Register: March 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-051-5819; FRL-4851-6]

 

Approval and Promulgation of Implementation Plans Florida: 
Approval of Revisions to Florida Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP) for ozone. These revisions were submitted to EPA through the 
Florida Department of Environmental Regulation (FDER) on January 8, 
1993, and revise regulations for Stage I vapor recovery (Stage I) in 
Florida's SIP and add regulations pertaining to Stage II vapor recovery 
(Stage II). This plan has been submitted by the FDER to satisfy the 
requirement of section 182(b)(3) of the 1990 Clean Air Act, which 
requires all ozone nonattainment areas classified as moderate or above 
to require owners and operators of gasoline dispensing facilities to 
install and operate Stage II vapor recovery systems. FDER has also 
submitted this plan as an integral part of the program to achieve and 
maintain the National Ambient Air Quality Standards (NAAQS) for ozone, 
carbon monoxide and nitrogen dioxide. EPA proposed approval of these 
revisions on December 14, 1993, (58 FR 65307), and no comments were 
received. These regulations meet all of EPA's requirements for Stage II 
programs and therefore EPA is approving the SIP revisions.

EFFECTIVE DATE: This final rule will be effective April 25, 1994.

ADDRESSES: Copies of the material submitted by Florida may be examined 
during normal business hours at the following locations:

    Region IV Air Programs Branch, Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
    Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
    Environmental Protection Agency, Air Docket, 6102, 401 M Street, 
SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Alan W. Powell of the EPA Region IV 
Air Programs Branch at (404) 347-2864 and at the above address.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed 
into law the Clean Air Act Amendments of 1990. The Clean Air Act as 
amended in 1990 (CAA) includes new requirements for the improvement of 
air quality in ozone nonattainment areas. Under section 181(a) of the 
CAA, nonattainment areas were categorized by the severity of the area's 
ozone problem, and progressively more stringent control measures were 
required for each category of higher ozone concentrations. The basis 
for classifying an area in a specific category was the ambient air 
quality data obtained in the three year period 1987-1989. The CAA 
delineates in section 182 the SIP requirements for ozone nonattainment 
areas based on their classifications. Specifically, section 182(b)(3) 
requires areas classified as moderate to implement Stage II controls 
unless and until EPA promulgates On Board Vapor Recovery (OBVR) 
regulations pursuant to section 202(a)(6) of the CAA. Based on 
consultation with the National Highway Transportation Safety Board, EPA 
determined that OBVR were unsafe and therefore moderate areas must 
implement a Stage II program. On January 22, 1993, the United States 
Court of Appeals for the District of Columbia ruled that EPA's previous 
decision not to require OBVR controls be set aside and that OBVR 
regulations be promulgated pursuant to section 202(a)(6) of the CAA. 
Subsequently, EPA reached a settlement with the plaintiffs which 
required EPA to promulgate final regulations by January 22, 1994. After 
such promulgation, moderate areas will not be required to implement 
Stage II regulations, but Florida has indicated that the State intends 
to continue Stage II as part of its long term maintenance plan. The EPA 
Administrator signed the OBVR final rule on January 24, 1994. Under 
section 182(b)(3), EPA was required to issue guidance as to the 
effectiveness of Stage II systems. In November 1991, EPA issued 
technical and enforcement guidance to meet this requirement. These two 
documents are entitled ``Technical Guidance-Stage II Vapor Recovery 
Systems for Control of Vehicle Refueling Emissions at Gasoline 
Dispensing Facilities'' (EPA-450/3-91-022) and ``Enforcement Guidance 
for Stage II Vehicle Refueling Control Programs.'' In addition, on 
April 16, 1992, EPA published the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57 
FR 13498). The guidance documents and the General Preamble discuss 
Stage II statutory requirements and indicate what EPA believes a State 
submittal needs to include to meet those requirements. The Florida 
regulations meet those requirements and are discussed below.

Rule 17-252, Gasoline Vapor Recovery

Stage II

    The Southeast Florida Air Quality region is designated 
nonattainment for ozone and classified as moderate. See 56 FR 56694 
(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40 
CFR 81.300 through 81.437. Under section 182(b)(3) of the CAA, Florida 
was required to submit Stage II vapor recovery rules for this area by 
November 15, 1992. On January 8, 1993, FDER submitted to EPA Stage II 
vapor recovery rules that were adopted by the State on December 9, 
1992, and the rules became state effective January 21, 1993. The 
Florida regulation meets all EPA requirements (see proposal, December 
14, 1993, 58 FR 65307). Additional information is contained in the 
Technical Support Document (TSD) which is available for review in the 
EPA Region IV office.

Stage I

    The Stage I regulations have been amended to require Stage I vapor 
recovery at all facilities subject to the Stage II requirements in 
areas which are designated as a nonattainment or maintenance area for 
ozone under Rule 17-275, F.A.C. (Broward, Dade, Duval, Hillsborough, 
Palm Beach, and Pinellas Counties). The gasoline tanker truck section 
was also revised to require submerged filling at bulk plants and 
facilities required to have Stage I and II vapor recovery. These 
revisions are consistent with EPA policy and requirements.

Final Action

    EPA is approving the above referenced revisions as meeting the 
requirements of section 182(b)(3) of the CAA. All of the revisions are 
consistent with EPA guidance.
    This document makes final the action proposed at (58 FR 65307). As 
noted elsewhere in this document, EPA received no adverse public 
comment on the proposed action. As a direct result, the Regional 
Administrator has reclassified this action from Table 2 to Table 3 
under the processing procedures established at 54 FR 2214, January 19, 
1989.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on EPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by May 
23,1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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) of the Act, 42 U.S.C. 7607 (b)(2).)
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small non-profit enterprises, and 
government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, the Federal SIP-approval 
does not impose any new requirements, I certify that it does not have a 
significant impact on any small entities affected. Moreover, due to the 
nature of the Federal-state relationship under the CAA, preparation of 
a regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of state action. The CAA forbids EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Incorporation by reference, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Dated: March 8, 1994.
Donald J. Guinyard,
Acting Regional Administrator.

    Part 52, title 40, chapter I of the Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42.U.S.C. 7401-7671q.

Subpart K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(79) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (79) Revisions to the F.A.C. Chapter 17-252 which were submitted by 
the Florida Department of Environmental Protection on January 8, 1993. 
The submittal revised the regulations for vapor recovery.
    (i) Incorporation by reference.
    (A) Revision to F.A.C. 17-252 which was effective on February 2, 
1993: 17-252.100; 17-252.200(2-12); 17-252.300; 17-252.400; 17-252.500; 
17-252.800; 17-252.900
    (ii) Other material.
    (A) Letter of January 8, 1993, from the Florida Department of 
Environmental Regulation.
* * * * *
[FR Doc. 94-6976 Filed 3-23-94; 8:45 am]
BILLING CODE 6560-50-F