[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25075]


[[Page Unknown]]

[Federal Register: October 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FL09049091095818a; FRL095067092]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP). These revisions were submitted to EPA through the Florida 
Department of Environmental Protection (FDEP) on January 8, 1993. The 
revisions correct minor deficiencies in the Motor Vehicle Inspection 
Program (MVIP) and revise the air quality classifications to coincide 
with the 1990 Clean Air Act Amendments in Florida's SIP. This plan has 
been submitted by the FDEP as an integral part of the program to 
achieve and maintain the National Ambient Air Quality Standards (NAAQS) 
for ozone, carbon dioxide, and nitrogen dioxide. These regulations meet 
all of the requirements and therefore EPA is approving the SIP 
revisions.

DATES: This direct final rule will be effective December 12, 1994, 
unless adverse or critical comments are received by November 10, 1994. 
If the effective date is delayed, timely notice will be published in 
the Federal Register

ADDRESSES: Written comments should be addressed to: Alan Powell, 
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 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.
    Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399092400.

FOR FURTHER INFORMATION CONTACT: Alan Powell, 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 404/347092864. Reference file FL0491095818.

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 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 based on the ambient 
air quality data obtained in the three year period 1987091989. The 
Jacksonville area (Duval County) was classified as transitional because 
it did not have any ozone violations; the Tampa/St. Petersburg 
(Hillsborough and Pinellas counties) area was classified as a marginal 
ozone nonattainment area, and the South Florida (Broward, Palm Beach, 
and Dade counties) area was classified as a moderate ozone 
nonattainment area. The CAA delineates the SIP requirements for ozone 
nonattainment areas based on their classifications in section 182.
    On January 8, 1993, Florida through the FDEP submitted a revision 
to the Florida SIP that made minor corrections to the emissions testing 
program and revised the air quality classifications to coincide with 
the CAA. The revisions address requirements of section 182 of the CAA.

Rule 1709242, Motor Vehicles Emissions Standards and Test 
Procedures

    The regulation for this rule was originally approved March 3, 1992 
(57 FR 7550). The revisions to this rule address several minor problems 
which have arisen during the first years of operation of the MVIP. 
Specifically, definitions have been changed to correct some ambiguity 
in testing requirements, and the pass/fail criteria for emissions 
testing are amended to test based on vehicle weight only instead of 
vehicle body type. The latter change was made to make the testing 
criteria consistent with the vehicle registration databases. The 
regulation also shortens the equipment calibration requirement time 
frame from 7 days to 72 hours and establishes specific training 
requirements for vehicle emissions inspectors. The Florida I/M 
regulation meets all of the pre-enactment guidance as required by 
section 182(a)(2)(b) of the CAA.

Rule 1709275, Air Quality Areas

    These changes coincide with the 1990 Clean Air Act Amendments 
definition for nonattainment areas. The rule specifies current ozone 
nonattainment areas and outlines redesignation procedures. These 
changes reaffirm EPA's promulgation of designations and classifications 
for areas of the country with respect to the NAAQS for ozone, CO, 
PM0910 and lead in accordance with the requirements of the CAA (56 FR 
56694, November 16, 1991).

Final Action

    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 December 12, 1994, unless by November 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 December 12, 1994.

    The Agency has reviewed this request for revision of the federally-
approved state implementation plan for conformance with the provisions 
of the 1990 Clean Air Act Amendments enacted on November 15, 1990. The 
Agency has determined that this action conforms with those 
requirements.

    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 December 
12, 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).)
    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 2214092225), 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 two 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 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 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, 2560966 (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, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: August 22, 1994.
Patrick M. Tobin,
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. 7401097671q.

Subpart K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(84) to read as 
follows:


Sec. 1A52.520  Identification of plan.

* * * * *
    (c) ***
    (84) Revisions to Florida Administrative Code Chapters 1709242 and 
1709275 which were effective February 2, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Florida Administrative Code 1709242 and 1709275 
which were effective February 2, 1993.17.242.200(2), (16), (22), 
(250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5) 
introductory text and (5)(a);1709242.500(1)(a-b), (3)(b)1.; 
1709242.600(2), (3) introductory text, (3)(a)1., (3)(a)7., (3)(c), 
(5)(d); 1709242.700 (4) introductory text, (4)(a), (4)(c-d), (5); 
1709242.800(1), 1709242.900(1)(b), (2), (3)(c), (4); 1709275.100; 
1709275.200 introductory text, (15), (170918); 275.300(1)(c), (3) 
introductory text,(3)(a), (3)(b)introductory text, (3) introductory 
text, (3)(b) introductory text, (3)(b)2. introductory text, (3)(b)2.b.-
c., (3)(b)3. introductory text, (3)(b)3.a.; 17.275.400(2095); 
1709275.410(1093),(6); 1709275.420(1);1709275.600(1),(2) introductory 
text, (2)(b-c)
    (ii) Other material. None.
* * * * *
[FR Doc. 94-25075 Filed 10-7-94; 8:45 am]
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