[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22236]


[[Page Unknown]]

[Federal Register: September 9, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-43-1-6554a; FRL-5064-5]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a revision to the Florida State 
Implementation Plan (SIP) submitted by the State of Florida through the 
Florida Department of Environmental Protection (FDEP) on July 9, 1991. 
This revision adds a heating device to the list of devices approved for 
open burning frost protection.
DATES: This final rule will be effective November 8, 1994 unless 
someone submits adverse or critical comments by October 11, 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 
404/347-3555 ext.4215.

SUPPLEMENTARY INFORMATION: On July 9, 1991, the State of Florida 
through the FDEP submitted a revision to section 17-256.450 Approved 
Frost Protection Devices, of the Florida SIP. This revision was made in 
response to a petition from Sebring Forest Products.
    The FDEP recommended and the Florida Environmental Regulation 
Commission granted approval to add Sebring's ``Fireball'' frost 
protection device to the list of approved frost protection devices 
contained in the referenced section of 17-256 of the Florida 
Administrative Code (FAC). This device, which is similar to a spool-
shaped fireplace log, complies with air quality standards as specified 
in the rule and provides the agricultural community with an additional 
approved device for frost protection.

Final Action

    In this action, EPA is approving the frost protection SIP revision 
submitted by the State of Florida through the FDEP on July 9, 1991. The 
EPA is publishing this action without prior proposal because the Agency 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
November 8, 1994, unless, by October 11, 1994, adverse or critical 
comments are received. If the EPA receives such comments, this action 
will be withdrawn before the effective date by publishing a subsequent 
document that will withdraw the final action. All public comments 
received will then be addressed in a subsequent final rule based on 
this action serving as a proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this action will be 
effective November 8, 1994.
    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 
8, 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 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, 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

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur 
oxides.

    Dated: August 22, 1994.
Patrick M. Tobin,
Acting 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)(87) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (87) Revisions to chapter 17-256 of the Florida Administrative Code 
(FAC) regarding Open Burning submitted on July 9, 1991.
    (i) Incorporation by reference. Amendments to FAC 17-256.450, 
effective June 27, 1991.
    (ii) Other material. None.
[FR Doc. 94-22236 Filed 9-8-94; 8:45 am]
BILLING CODE 6560-50-F