[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25972]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FL-047-1-5929a, 052-1-5922a; FRL-5051-3]

 

Approval and Promulgation of Implementation Plans, Florida: 
Approval of Addition to the Florida Administrative Code Chapters 17-296 
and 17-297, Soil Thermal Treatment Facilities and Recodification of the 
Florida Administrative Code 17-2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 23, 1992, the State of Florida through the Florida 
Department of Environmental Regulation (FDER) submitted revision to the 
Florida Administrative Code (F.A.C.), chapters 17-296 and 17-297, Soil 
Thermal Treatment. This revision restricts soil thermal treatment 
facilities to process contaminated soil as defined in chapter 17-775, 
F.A.C., Soil Thermal Treatment Facilities. Additionally, on January 11, 
1993, the recodification of the F.A.C., 17-2, was submitted to EPA. 
This recodification merely renumbers the Florida State Implementation 
Plan (SIP) to match the F.A.C. numbering system.

DATES: This final rule is effective December 19, 1994 unless someone 
submits adverse or critical comments by November 21, 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:

Soil Thermal Treatment Facilities

    Soil thermal treatment facilities in Florida had been regulated by 
evolving FDER guidance which originally allowed asphalt plants to treat 
contaminated soil. Previously, the FDER's guidance set a particulate 
matter (PM) emission standard of 0.08 grains per dry standard cubic 
foot corrected to 50 percent excess air (gr/dscf @ 50% EA), which 
required a minimum of 95 percent destruction of the volatile organic 
compounds (VOC), and fugitive dust to be controlled through wetting of 
the soil. This emission standard limited the amount of toxic chemicals 
emitted through the destruction of VOC's to ensure that such emissions 
were considered safe for the public. At this time, there are 9 
stationary and 20 mobile soil thermal treatment facilities with valid 
FDER construction or operation permits.
    Because of regulatory inconsistency within the FDER guidance, a 
financial disadvantage was caused on the facilities equipped with 
afterburners, due to the cost of purchasing and operating air pollution 
control equipment. In addition, the facilities operating without 
afterburners emit excessive amounts of VOC and toxic compounds. To 
correct this situation the FDER initiated rulemaking for these soil 
thermal treatment facilities. This rule revision adds specific air 
pollution control and performance standards to replace the guidance 
that was being used by the FDER as follows. The F.A.C., chapters 17-296 
and 17-297, Soil Thermal Treatment rule restricts soil thermal 
treatment facilities to process contaminated soil as defined in chapter 
17-775, F.A.C., Soil Thermal Treatment Facilities. Petroleum 
contaminants in the soil that may be treated in these facilities are 
all forms of gasoline, diesel fuel, jet fuel, kerosene, grades 2 
through 6 fuel oils, crude oil, bunker C oil, residual oil, as well as 
nonhazardous petroleum-based lubricating, mineral and hydraulic oils 
containing no polychlorinated biphenyls (PCBs). None of these petroleum 
products are classified as hazardous waste. The rule revises the 
particulate matter emission standard contained in the guidance to 0.04 
grains per dry standard cubic foot. It requires volatile organic 
compounds from the soil to be exposed to a minimum temperature of 1,500 
degrees Fahrenheit for a minimum length of one second. The rule also 
contains a 100 parts per million, by volume, dry basis, emission 
standard for carbon monoxide and requires wetting or containment of the 
treated soil to control fugitive dust.
    EPA has evaluated the FDER's Soil Thermal Treatment Facilities rule 
for consistency with the Clean Air Act, EPA regulations, and EPA 
policy, and has found that these submitted rules serve to strengthen 
the Florida SIP. The addition of the State of Florida's Soil Thermal 
Treatment Facilities rule in the Florida SIP will result in emissions 
reductions by controlling soil thermal treatment facilities which emit 
VOC's and toxic air contaminants.

Recodification

    On January 11, 1993, the State of Florida through the FDER 
submitted a recodification of the F.A.C., chapter 17-2. These rules 
were approved into the SIP in previous rulemakings. The EPA is now 
merely approving the recodification to make the SIP consistent with the 
numbering system currently used by the F.A.C.
    EPA has not reviewed the substance of the recodified regulations at 
this time. These rules were approved into the SIP in previous 
rulemakings. The EPA is now merely approving the renumbering system 
submitted by FDER. The EPA's approval of the renumbering system, at 
this time, does not imply any position with respect to the 
approvability of the substantive rules. To the extent EPA has issued 
any SIP calls to the State with respect to the adequacy of any of the 
rules subject to this recodification, EPA will continue to require the 
State to correct any such rule deficiencies despite EPA's approval of 
this recodification.

Final Action

    In this action, EPA is approving the above referenced revisions to 
the Florida SIP. The revisions are consistent with EPA policy. 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 19, 1994, unless, by November 21, 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 19, 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 December 19, 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 Table 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. section 
7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Lead, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: July 27, 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. 7401-7671q.

Subpart K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(78) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (78) State Implementation Plan for chapters 17-296, and 17-297, 
Soil Thermal Treatment and Recodification of the Florida Administrative 
Code, chapter 17-2, Air Pollution, submitted by the Department of 
Environmental Regulation on November 23, 1992, and January 11, 1993, 
respectively.
    (i) Incorporation by reference.
    (A) The following chapters of the Florida Administrative Code, 
effective October 15, 1992:
    (1) 17-209, Local Air Pollution Programs,
    (2) 17-210, Stationary Sources General Requirements,
    (3) 17-212, Preconstruction Review,
    (4) 17-252, Gasoline Vapor Control,
    (5) 17-272, Ambient Air Quality Standards,
    (6) 17-273, Air Pollution Episodes,
    (7) 17-275, Air Quality Areas,
    (8) 17-296, Stationary Sources--Emission Standards,
    (9) 17-297, Stationary Sources--Emission Monitoring.
    (B) Revisions to the following Florida Administrative Code: 
Chapters 17-296.200(162), 17-296.415, table 297.330-1: entry 17-
296.415, 17-297.500(6), Soil Thermal Treatment, effective November 17, 
1992.
    (ii) Other material. None.

[FR Doc. 94-25972 Filed 10-19-94; 8:45 am]
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