Federal Register, Volume 60 Issue 37 (Friday, February 24, 1995)

[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10325-10331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4537]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[FL56-1-6883a; FRL-5148-8]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 8, 1993, the State of Florida, through the Florida
Department of Environmental Protection (FDEP), submitted a maintenance
plan and a request to redesignate the Southeast Florida area from
moderate nonattainment to attainment for ozone (O3). The Southeast
Florida O3 nonattainment area consists of Dade, Broward and Palm
Beach Counties. Under the Clean Air Act as amended in 1990 (CAA),
designations can be revised if sufficient data are available to warrant
such revisions and the CAA redesignation requirements are satisfied. In
this action, EPA is approving Florida's request because it meets the
maintenance plan and redesignation requirements set forth in the CAA,
and EPA is also approving the 1990 base year emission inventory for the
Southeast Florida area. The approved maintenance plan will become a
federally enforceable part of the State Implementation Plan (SIP) for
the Southeast Florida area.

DATES: This final rule is effective April 25, 1995, unless adverse or
critical comments are received by March 27, 1995. 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,
[[Page 10326]] Pesticides & Toxics Management Division, Region 4
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 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Florida Department of Environmental Regulation, 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 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555 ext.4215. Reference file FL56-1-6883.

SUPPLEMENTARY INFORMATION: The Clean Air Act, as amended in 1977 (1977
Act) required areas that were designated nonattainment based on a
failure to meet the O3 national ambient air quality standard
(NAAQS) to develop SIPs with sufficient control measures to
expeditiously attain and maintain the standard. The Miami-Fort
Lauderdale-West Palm Beach area (Southeast Florida), comprised of Dade,
Broward, and Palm Beach Counties, was designated under section 107 of
the 1977 Act as nonattainment with respect to the O3 NAAQS on
March 3, 1978. (43 FR 8964, 40 CFR 81.310) In accordance with section
110 of the 1977 Act, the State submitted a part D O3 SIP on April
30, 1979, which was supplemented on August 27, 1979, and January 23,
1980, which EPA conditionally approved on March 18, 1980, and fully
approved on May 14, 1981, as meeting the requirements of section 110
and part D of the 1977 Act.
On November 15, 1990, the CAA Amendments of 1990 were enacted (1990
Amendments). (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q) The nonattainment designation of Southeast Florida was
continued by operation of law pursuant to section 107(d)(1)(C)(i) of
the 1990 Amendments. Furthermore, it was classified by operation of law
as moderate for O3 according to section 181(a)(1). (See 56 FR
56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40
CFR 81.310).
Southeast Florida more recently has ambient monitoring data that
show no violations of the O3 NAAQS, during the period 1990 through
1993. In addition, there have been no exceedences reported for the 1994
O3 season. Therefore, in an effort to comply with the 1990
Amendments and to ensure continued attainment of the NAAQS, Florida
submitted an O3 maintenance SIP for the Southeast Florida area on
November 8, 1993, and also requested redesignation of the area to
attainment with respect to the O3 NAAQS.
The 1990 Amendments revised section 107(d)(1)(E) to provide five
specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment:
1. The area must have attained the applicable NAAQS;
2. The area must meet all relevant requirements under section 110
and part D of the CAA;
3. The area must have a fully approved SIP under section 110(k) of
the CAA;
4. The air quality improvement must be permanent and enforceable;
and
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the CAA.
The Florida redesignation request for the Southeast Florida area
meets the five requirements of section 107(d)(3)(E), noted above. The
following is a brief description of how the State has fulfilled each of
these requirements. Because the maintenance plan is a critical element
of the redesignation request, EPA will discuss its evaluation of the
maintenance plan under its analysis of the redesignation request.

1. Attainment of the O3 NAAQS

The Florida request is based on an analysis of quality assured
O3 air quality data which is relevant to the maintenance plan and
to the redesignation request. The most recent ambient O3 data for
the calendar years 1990 through 1992 shows an exceedence rate of less
than 1.0 per year of the O3 NAAQS in the Southeast Florida area.
(See 40 CFR 50.9 and appendix H). Because the Southeast Florida area
has complete quality-assured data showing no violations of the standard
over the most recent consecutive three calendar year period, the
Southeast Florida area has met the first statutory criterion of
attainment of the O3 NAAQS. In addition, there have been no
ambient air exceedences in 1993 or to date in 1994 for O3. Florida
has committed to continue monitoring in this area in accordance with 40
CFR part 58.

2. Meeting Applicable Requirements of Section 110 and Part D

On May 14, 1981, EPA fully approved Florida's SIP for the Southeast
Florida area as meeting the requirements of section 110(a)(2) and part
D of the 1977 Act (46 FR 26640). The 1990 Amendments, however, modified
section 110(a)(2) and, under part D, revised section 172 and added new
requirements for all nonattainment areas. Therefore, for purposes of
redesignation, to meet the requirement that the SIP contain all
applicable requirements under the CAA, EPA has reviewed the SIP to
ensure that it contains all measures that were due under the 1990
Amendments prior to or at the time the State submitted its
redesignation request. EPA interprets section 107(d)(3)(E)(v) to mean
that for a redesignation request to be approved, the state has met all
requirements that applied to the subject area prior to or at the time
of the submission of a complete redesignation request. Requirements of
the CAA that come due subsequently continue to be applicable at those
later dates (see section 175A(c)) and, if the redesignation is
disapproved, the state remains obligated to fulfill those requirements.

A. Section 110 Requirements

Although section 110 was amended by the 1990 Amendments, the
Southeast Florida SIP meets the requirements of amended section
110(a)(2). A number of the requirements did not change in substance
and, therefore, EPA believes that the pre-amendment SIP met these
requirements. As to those requirements that were amended, (see 57 FR
27936 and 23939, June 23, 1993), many are duplicative of other
requirements of the CAA. EPA has analyzed the SIP and determined that
it is consistent with the requirements of amended section 110(a)(2).

B. Part D Requirements

Before Southeast Florida may be redesignated to attainment, it also
must have fulfilled the applicable requirements of part D. Under part
D, an area's classification indicates the requirements to which it will
be subject. Subpart 1 of part D sets forth the basic nonattainment
requirements applicable to all nonattainment areas, classified as well
as nonclassifiable. Subpart 2 of part D establishes additional
requirements for nonattainment areas classified under table 1 of
section 181(a). The Southeast Florida area was classified as moderate
(See 56 FR 56694, codified at 40 CFR [[Page 10327]] 81.530). Therefore,
in order to be redesignated to attainment, the State must meet the
applicable requirements of subpart 1 of part D, specifically sections
172(c) and 176, and is subject to requirements of subpart 2 of part D.

B.1. Subpart 1 of Part D--Section 172(c) Plan Provisions

Under section 172(b), the Administrator established that States
containing nonattainment areas shall submit a plan or plan revision
meeting the applicable requirements of section 172(c) no later than
three years after an area is designated as nonattainment, i.e., unless
EPA establishes an earlier date. EPA has determined that the section
172(c)(2) reasonable further progress (RFP) requirement (with parallel
requirements for a moderate ozone nonattainment area under subpart 2 of
part D, due November 15, 1993) was not applicable as the State of
Florida submitted this redesignation request on November 8, 1993. Also
the section 172(c)(9) contingency measures and additional section
172(c)(1) non-RACT reasonable available control measures (RACM) beyond
what may already be required in the SIP are no longer necessary, since
no earlier date was set for these measures and as RFP was not due until
November 15, 1993.
The section 172(c)(3) emissions inventory requirement has been met
by the submission and approval (in this action) of the 1990 base year
inventory required under subpart 2 of part D, section 182(a)(1).
As for the section 172(c)(5) NSR requirement, EPA has determined
that areas being redesignated need not comply with the NSR requirement
prior to redesignation provided that the area demonstrates maintenance
of the standard without part D NSR in effect. Memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled Part D New Source Review (part D NSR) Requirements
for Areas Requesting Redesignation to Attainment. The rationale for
this view is described fully in that memorandum, and is based on the
Agency's authority to establish de minimis exceptions to statutory
requirements. See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61
(D.C. Cir. 1979). As discussed below, the State of Florida has
demonstrated that the Southeast Florida area will be able to maintain
the standard without part D NSR in effect and, therefore, the State
need not have a fully-approved part D NSR program prior to approval of
the redesignation request for Southeast Florida.
Finally, for purposes of redesignation, the Southeast Florida SIP
was reviewed to ensure that all requirements of section 110(a)(2),
containing general SIP elements, were satisfied. As noted above, EPA
believes the SIP satisfies all of those requirements.

B.2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions

Section 176(c) of the CAA requires States to revise their SIPs to
establish criteria and procedures to ensure that Federal actions,
before they are taken conform to the air quality planning goals in the
applicable State SIP. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other Federal
actions (``general conformity''). Section 176 further provides that the
conformity revisions to be submitted by the States must be consistent
with Federal conformity regulations that the CAA required EPA to
promulgate. Congress provided for the State revisions to be submitted
one year after the date for promulgation of final EPA conformity
regulations. When that date passed without such promulgation, EPA's
General Preamble for the Implementation of Title I informed States that
its conformity regulations would establish a submittal date (see 57 FR
13498, 13557 (April 16, 1992)).
EPA promulgated final transportation conformity regulations on
November 24, 1993 (58 FR 62118) and general conformity regulations on
November 30, 1993 (58 FR 63214). These conformity rules require that
States adopt both transportation and general conformity provisions in
the SIP for areas designated nonattainment or subject to a maintenance
plan approved under CAA section 175A. Pursuant to 40 CFR 51.396 of the
transportation conformity rule and 40 CFR 51.851 of the general
conformity rule, the State of Florida is required to submit a SIP
revision containing transportation conformity criteria and procedures
consistent with those established in the Federal rule by November 25,
1994. Similarly, the State of Florida is required to submit a SIP
revision containing general conformity criteria and procedures
consistent with those established in the Federal rule by December 1,
1994. Because the deadlines for these submittals did not come due until
after the submission of the redesignation request for Southeast
Florida, they are not applicable requirements under section
107(d)(3)(E)(v) and, therefore, do not affect the approval of this
redesignation request.

B.3. Subpart 2 of Part D--Section 182(a) and 182(b) Requirements

Southeast Florida is a moderate ozone nonattainment area. Under
subpart 2 of part D, such areas must meet the requirements for marginal
areas under section 182(a)(1) as well as the requirements for moderate
areas contained in section 182(b). As discussed above, for purposes of
this redesignation, the Southeast Florida area need only meet those
requirements of section 182(a) and (b) that came due prior to or at the
time of the submittal of a complete redesignation request (which was
November 8, 1993, in this instance). Section 182(b)(1) of the CAA
required states to submit a revision to the SIP by November 15, 1993,
to provide for volatile organic compound (VOC) emission reductions by
November 15, 1996, of at least 15% from baseline emissions accounting
for any growth in emissions after the date of enactment of the CAA. The
State failed to submit the required revisions and as a result, on
January 28, 1994, EPA issued a finding letter notifying Florida of a
finding of failure to submit. This finding of failure to submit
triggered the: (1) 18-month time clock for mandatory application of
sanctions under section 179(a); (2) the Administrator's discretionary
authority to impose sanctions under section 110(m); and (3) the 2-year
time clock for promulgation of the Federal Implementation Plan (FIP)
15% regulations for this area as required by section 110(c)(1).
However, the letter acknowledges the submittal of this redesignation
request to attainment and stated that if the redesignation request to
attainment is approved then requirements for a 15% plan SIP will be
unnecessary for the Southeast Florida area. Therefore, upon approval of
this redesignation request, the sanctions and FIP clocks will stop. As
the requirement to submit a 15% plan did not come due until November
15, 1993, the 15% plan requirement is not an applicable requirement for
purposes of the evaluation of this redesignation request. EPA has
analyzed the SIP and determined that Florida has met all applicable
182(a) and (b) requirements for redesignation.
a. Emissions Inventory
Section 182(a)(1) of the CAA required an inventory of all actual
emissions from all sources to be submitted by November 15, 1992. As
described below, the State has submitted such an
[[Page 10328]] inventory, and EPA is approving that inventory with this
action.
b. Reasonably Available Control Technology
To be redesignated, all SIP revisions required by section
182(a)(2)(A) and 182(b)(2) concerning RACT requirements must have been
submitted to EPA and fully approved. Florida has met all RACT
requirements except for categories that do not have an approved control
technique guideline (CTG). Florida's non-CTG RACT rule was submitted on
January 8, 1993. This rule is being acted on in a separate document and
final action will be taken prior to this redesignation becoming final.
c. Emissions Statements
Section 182(a)(3) of the CAA required a SIP submission by November
15, 1992, to require stationary sources of NOX and VOCs provide
statements of actual emissions. Florida submitted an annual emissions
statement SIP revision on November 13, 1992. This revision was approved
in the Federal Register on August 4, 1994.
d. New Source Review
As explained above, EPA has determined that areas need not comply
with the part D NSR requirements of the CAA in order to be redesignated
provided that the area is able to demonstrate maintenance without part
D NSR in effect. As maintenance has been demonstrated for the Southeast
Florida area, EPA is not requiring that the area have a fully-approved
part D NSR plan meeting the requirements of sections 182 (a) and (b)
prior to redesignation.
e. Motor Vehicle Inspection and Maintenance (I/M)
The Southeast Florida area has an approved I/M program that meets
the requirements of the CAA. Furthermore, the area meets the
requirements for areas redesignating, i.e., the State has legal
authority for I/M and the contingency plan includes enhanced I/M which
more than meets the requirement for a contingency measure to be an
upgraded I/M program.
f. Stage II
Section 182(b)(3) of the CAA required moderate areas to implement
Stage II gasoline vapor recovery systems unless and until EPA
promulgated onboard vapor recovery regulations. On January 24, 1994,
EPA promulgated the onboard rule. As section 202(a)(6) of the CAA
provides that once the rule is promulgated, moderate areas are no
longer required to implement Stage II, the Stage II vapor recovery
requirement is no longer an applicable requirement. However, Stage II
vapor recovery has been approved and implemented in the Southeast
Florida area.

3. Fully Approved SIP Under Section 110(k) of the CAA

Based on the approval of provisions under the pre-amended CAA and
EPA's prior approval of SIP revisions under the 1990 Amendments, EPA
has determined that the Southeast Florida area has a fully approved SIP
under section 110(k), which also meets the applicable requirements of
section 110 and part D as discussed above.

4. Improvement in Air Quality Due to Permanent and Enforceable Measures

Under the pre-amended CAA, EPA approved the Florida SIP control
strategy for the Southeast Florida nonattainment area, satisfied that
the rules and the emission reductions achieved as a result of those
rules were enforceable. The control measures to which the emission
reductions are attributed are VOC RACT regulations, the Federal Motor
Vehicle Control Program (FMVCP), and lower Reid Vapor Pressure (RVP).
VOC emissions were reduced by 9% in 1990 due to VOC RACT. The FMVCP
reduced VOC emissions from motor vehicles by 54% from 1980 to 1990. The
reduction in RVP from 11.5 psi in 1985 to 7.8 psi in 1992 has reduced
summertime VOC mobile source emissions by 32%.
In association with its emission inventory discussed below, the
State of Florida has demonstrated that actual enforceable emission
reductions are responsible for the air quality improvement and that the
VOC emissions in the base year are not artificially low due to local
economic downturn. EPA finds that the combination of existing EPA-
approved state and federal measures contribute to the permanence and
enforceability of reduction in ambient O3 levels that have allowed
the area to attain the NAAQS.

5. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
The plan must demonstrate continued attainment of the applicable NAAQS
for at least ten years after the Administrator approves a redesignation
to attainment. Eight years after the redesignation, the State must
submit a revised maintenance plan which demonstrates attainment for the
ten years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan must
contain contingency measures, with a schedule for implementation,
adequate to assure prompt correction of any air quality problems. In
this document, EPA is approving the State of Florida's maintenance plan
for the Southeast Florida area because EPA finds that Florida's
submittal meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

On November 16, 1992, the State of Florida submitted comprehensive
inventories of VOC, NOX, and CO emissions from the Southeast
Florida area. The inventories include biogenic, area, stationary, and
mobile sources using 1990 as the base year for calculations to
demonstrate maintenance. The 1990 inventory is considered
representative of attainment conditions because the NAAQS was not
violated during 1990. EPA is approving the 1990 base year inventory in
this action.
The State submittal contains the detailed inventory data and
summaries by county and source category. The comprehensive base year
emissions inventory was submitted in the NEDS format. Finally, this
inventory was prepared in accordance with EPA guidance. It also
contains summary tables of the base year and projected maintenance year
inventories. EPA's TSD contains more in-depth details regarding the
base year inventory for the Southeast Florida area.

VOC Emissions Inventory Summary
[Tons per day]
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1990 1994 1997 2000 2005
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Stationary Point......................................... 29.43 31.57 27.33 24.34 24.26
Stationary Area.......................................... 295.21 280.90 230.48 232.17 220.50
On-Road Mobile........................................... 336.64 206.83 189.86 176.74 170.25
[[Page 10329]]

Non-Road Mobile.......................................... 128.98 134.81 142.87 149.79 158.35
Biogenic................................................. 325.33 325.33 325.33 325.33 325.33
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Total.............................................. 1115.59 979.44 915.87 908.37 898.69
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NOX Emissions Inventory Summary
[Tons per day]
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1990 1994 1997 2000 2005
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Stationary Point......................................... 180.34 183.92 150.88 151.66 151.70
Stationary Area.......................................... 17.10 17.97 18.81 19.38 20.23
On-Road Mobile........................................... 254.48 239.70 230.79 220.26 214.34
Non-Road Mobile.......................................... 93.85 98.47 104.42 109.60 118.85
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Total.............................................. 545.77 540.06 504.90 500.90 505.12
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CO Emissions Inventory Summary
[Tons per day]
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1990
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Stationary Point............................................. 26.82
Stationary Area.............................................. 182.53
On-Road Mobile............................................... 2565.60
Non-Road Mobile.............................................. 837.80
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Total.................................................. 3612.75
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B. Demonstration of Maintenance--Projected Inventories

Total VOC and NOX emissions were projected from 1990 base year
out to 2005, with interim years of 1994, 1997, and 2000. These
projected inventories were prepared in accordance with EPA guidance.
The projections show that VOC and NOX emissions are not expected
to exceed the level of the base year inventory during this time period.

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the Southeast Florida
area depends, in part, on the State's efforts toward tracking
indicators of continued attainment during the maintenance period. The
State has also committed to submitting periodic inventories of VOC and
NOX emissions every three years. The contingency plan for the
Southeast Florida area is triggered by two indicators, a violation of
the O3 NAAQS or a periodic inventory update that shows emissions
of VOCs have increased by at least five percent above the 1990 levels.

D. Contingency Plan

The level of VOC emissions in the Southeast Florida area will
largely determine its ability to stay in compliance with the O3
NAAQS in the future. Despite the State's best efforts to demonstrate
continued compliance with the NAAQS, the ambient air pollutant
concentrations may exceed or violate the NAAQS. Therefore, Florida has
provided contingency measures with a schedule for implementation in the
event of a future O3 air quality problem. In the case of a
violation of the O3 NAAQS, the plan contains a contingency to
implement additional control measures such as reinstatement of NSR,
less volatile or reformulated gasoline, expansion of control strategies
to adjacent counties for VOC and/or NOX and to new CTG categories,
and an enhanced vehicle emissions inspection program. A complete
description of these contingency measures and their triggers can be
found in the State's submittal. EPA finds that the contingency measures
provided in the State submittal meet the requirements of section
175A(d) of the CAA.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State has agreed
to submit a revised maintenance SIP eight years after the area is
redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten years.

Final Action

In this action, EPA is approving the Southeast Florida area O3
maintenance plan submitted on November 8, 1993, because it meets the
requirements of section 175A. In addition, the Agency is approving the
request and redesignating the Southeast Florida nonattainment area to
attainment, because the State has demonstrated compliance with the
requirements of section 107(d)(3)(E) for redesignation. This action
stops the sanctions and federal implementation plan clocks that were
triggered for the Southeast Florida area by the January 28, 1994,
findings letter. 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 April 25, 1995 unless, within 30 days of its
publication, by March 27, 1995, 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 April 25, 1995.
The O3 SIP is designed to satisfy the requirements of part D
of the CAA and to provide for attainment and maintenance of the O3
NAAQS. This final redesignation should not be interpreted as
authorizing the State to delete, alter, or rescind any of the VOC or
NOX emission limitations and restrictions contained in the
approved O3 SIP. Changes to O3 SIP VOC regulations rendering
them less stringent than those contained in the EPA approved plan
cannot be made unless a revised plan for attainment and maintenance is
submitted to and approved by EPA. Unauthorized relaxations, deletions,
and changes could result in both a finding of non-
[[Page 10330]] implementation (section 173(b) of the CAA) and in a SIP
deficiency call made pursuant to section 110(a)(2)(H) of the CAA.
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 April 25, 1995. 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).)
The OMB has exempted this action from review under Executive Order
12866.
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 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

40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: January 24, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

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)(86) to read as
follows:

Sec. 52.520 Identification of plan.

* * * * *
(c) * * *
(86) The maintenance plan for Southeast Florida submitted by the
Florida Department of Environmental Protection on November 8, 1993, as
part of the Florida SIP.
(i) Incorporation by reference.
(A) Southeast Florida Ozone Ten Year Maintenance Plan including
Emissions Inventory Summary and Projections effective on November 8,
1993.
(ii) Other material. None.
* * * * *

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. In Sec. 81.310 the attainment status table for ``Florida-Ozone''
is revised to read as follows:

Sec. 81.310 Florida.

* * * * *

Florida--Ozone
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
----------------------------------------------------------------------------------------------------------------
Tampa-St. Petersburg-
Clearwater Area:
Hillsborough County ..................... Nonattainment........ ..................... Marginal.
Pinellas County.... ..................... Nonattainment........ ..................... Marginal.
Rest of State...... ..................... Unclassifiable/ .....................
Attainment.
Alachua County
Baker County
Bay County
Bradford County
Brevard County
Broward County..... April 25, 1995.
Calhoun County
Charlotte County
Citrus County
Clay County
Collier County
Columbia County
Dade County........ April 25, 1995.
De Soto County
Dixie County
Duval County....... March 6, 1995.
[[Page 10331]]

Escambia County
Flagler County
Franklin County
Gadsden County
Gilchrist County
Glades County
Gulf County
Hamilton County
Hardee County
Hendry County
Hernando County
Highlands County
Holmes County
Indian River County
Jackson County
Jefferson County
Lafayette County
Lake County
Lee County
Leon County
Levy County
Liberty County
Madison County
Manatee County
Marion County
Martin County
Monroe County
Nassau County
Okaloosa County
Okeechobee County
Orange County
Osceola County
Palm Beach County.. April 25, 1995.
Pasco County
Polk County
Putnam County
Santa Rosa County
Sarasota County
Seminole County
St. Johns County
St. Lucie County
Sumter County
Suwannee County
Taylor County
Union County
Volusia County
Wakulla County
Walton County
Washington County
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\1\This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 95-4537 Filed 2-23-95; 8:45 am]
BILLING CODE 6560-50-P