[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8816]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-55-1-6171; FRL-4855-9]

 

Approval and Promulgation of Implementation Plans Florida: 
Approval of Revisions to the Florida State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP) submitted by the Florida Department of Environmental 
Protection (FDEP) on July 2, 1993. These revisions replace references 
to specific sources with references based on emissions or capacity.
DATES: This final rule will be effective June 13, 1994 unless notice is 
received by May 16, 1994 that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Joey LeVasseur, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region IV Environmental 
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365
    Copies of the material submitted by Alabama may be examined during 
normal business hours at the following locations:

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

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365, at 404/347-2864.

SUPPLEMENTARY INFORMATION:
    On July 2, 1993, the FDEP submitted revisions to the Florida SIP to 
replace references to specific sources with references based on 
emissions or capacity. These revisions were made to Chapter 17-296 of 
the Florida Administrative Code and were adopted on June 9, 1993. The 
amendments to Rule 17-296, F.A.C., Stationary Sources-Emission 
Standards, specifically, sections 17-296.405, 17-296.406, and 17-
296.701 were necessary to eliminate references to specific sources of 
air emissions.
    EPA is approving the following revisions to the Florida SIP. These 
revisions are more fully discussed in the official SIP submittal that 
is available at the Region IV office listed under the ``ADDRESSES'' 
section of this document. The revisions were made to Section 17-
296.405, Fossil Fuel Steam Generators with more than 250 million Btu 
per hour heat input, Section 17-296.406, Fossil Fuel Steam Generators 
with less than 250 million btu per hour heat input, and Section 17-
296.701, Portland Cement Plants. The rules previously included air 
emissions and application of technologies for specifically named 
facilities. The amendments to the rule eliminate the references to 
those facilities by their specific name, and makes it a more general 
rule applicable for those facilities. It does not establish new 
emission standards, but merely precludes specific facility references.

Final Action

    This action is being taken without prior proposal because the 
changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised that this action will be 
effective [Insert date 60 days from date of publication]. However, if 
notice is received by [Insert date 30 days from date of publication] 
hat someone wishes to submit adverse or critical comments, this action 
will be withdrawn and two subsequent documents will be published before 
the effective date. One document will withdraw the final action and 
another will begin a new rulemaking by announcing a proposal of the 
action and establishing a comment period.
    The Agency has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The Agency has determined that this 
action conforms with those requirements irrespective of the fact that 
the submittal preceded the date of enactment.
    Under section 307(b)(1) of the CAA, 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 [Insert 
date 60 days from date of publication]. 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 CAA, 42 U.S.C. 7607 
(b)(2).)
    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.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP 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 not-for-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, because 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, Incorporation by Reference, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: March 5, 1994.
John H. Hankinson, Jr.,
Regional Administrator.

    Part 52, chapter I, title 40 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)(83) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (83) Revisions to Chapter 17-296 of the Florida Administrative Code 
(FAC) regarding Stationary Sources submitted on July 2, 1993.
    (i) Incorporation by reference.
    (A) Amendments to FAC 17-296.405 and 17-296.406, adopted June 9, 
1993.
[FR Doc. 94-8816 Filed 4-13-94; 8:45 am]
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