[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21951]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-50-1-6198a; FRL-5029-2]

 

Clean Air Act Approval and Promulgation of Emission Statement 
Implementation Plan for Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving a revision to the State Implementation 
Plan (SIP) submitted by the State of Florida through the Florida 
Department of Environmental Protection (FDEP) for the purpose of 
implementing an emission statement program for stationary sources 
within the Florida ozone nonattainment areas: Duval County, Miami, and 
Tampa. The SIP was submitted on January 12, 1993, by the State to 
satisfy the Federal requirements for an emission statement program as 
part of the SIP for Florida.
DATES: This final rule will be effective November 7, 1994 unless 
someone submits adverse or critical comments by October 7, 1994. 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 the State of Florida may be 
examined during normal business hours at the following locations:

    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 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, The telephone number is 
404/347-2864.

SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of 
Florida on January 12, 1993, to satisfy the requirements of section 
182(a)(B) of the Clean Air Act Amendments of 1990 (CAA) (November 15, 
1990). The SIP revision was reviewed by EPA to determine completeness 
shortly after its submittal, in accordance with the completeness 
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57 
FR 42216 (August 26, 1991). The submittal was found to be complete and 
a letter dated May 6, 1993, addressed to Mr. Howard Rhodes, Director, 
Florida Department of Environmental Protection, was sent to FDEP 
indicating the submittal was administratively complete.
    There are several key general and specific components of an 
acceptable emission statement program. Specifically, the state must 
submit a revision to its SIP and the emission statement program must 
meet the minimum requirements for reporting. In general, the program 
must include, at a minimum, provisions for applicability, compliance, 
and specific source requirements detailed below.
    A. SIP Revision Submission. The FDEP submitted the Florida emission 
statement regulation on January 12, 1993, which meets the emission 
statement requirement.
    B. Program Elements. The State emission statement program must, at 
a minimum, include provisions covering applicability of the 
regulations, a compliance schedule for sources covered by the 
regulations, and the specific reporting requirements for sources. The 
emission statement submitted by the source should contain, at a 
minimum, a certification that the information is accurate to the best 
knowledge of the individual certifying the statement. The Florida 
submittal meets these requirements.
    C. Applicability. Section 182(a)(3)(B) requires that states with 
areas designated as nonattainment for ozone require emission statement 
data from sources of volatile organic compounds (VOC) and oxides of 
nitrogen (NOX) in the nonattainment areas. This requirement 
applies to all ozone nonattainment areas, regardless of the 
classification (Marginal, Moderate, etc.).
    The states may waive, with EPA approval, the requirement for 
emission statements for classes or categories of sources with less than 
25 tons per year of actual plant-wide NOX or VOC emissions in 
nonattainment areas if the class or category is included in the base 
year and periodic inventories and emissions are calculated using 
emission factors established by EPA (such as those found in EPA 
publication AP-42) or other methods acceptable to EPA. The Florida 
submittal waives the emission statement requirement for sources with 
less than 25 tons per year combined of actual plant-wide NOx and VOC 
emissions and has included calculations of these emissions in their 
1990 Base Year Emission Inventory.

Final Action

    In this action, EPA is approving the Emission Statement SIP 
revision submitted by the State of Florida through the FDEP on January 
12, 1993. 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 November 7, 1994. However, if adverse or critical comments 
are received by October 7, 1994, this action will be withdrawn and two 
subsequent documents will be published before the effective date. One 
document will withdraw the final action. The second document will be 
the final rulemaking action which will address the comments received.
    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 November 
7, 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 CAA, 42 U.S.C. 7607 (b)(2).)
    This action has been classified as a Table 2 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, 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 economic 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 small entities. 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Oxides of nitrogen, Reporting and recordkeeping requirements, 
Volatile organic compounds.

    Dated: June 29, 1994.
Joe R. Franzmathes,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, 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)(85) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (85) Revisions to the State of Florida State Implementation Plan 
(SIP) concerning emission statements were submitted on January 12, 1993 
by the Florida Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Revisions to the following Florida Regulations were effective 
February 9, 1993. F.A.C. 17-210.100; 17-210.200(47), (49), (52) and 
(64); 17-210.370; and 17-210.900.
    (ii) Other material. None.
[FR Doc. 94-21951 Filed 9-6-94; 8:45 am]
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