[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62748-62753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29817]


40 CFR Parts 52 and 81

[FL63-1-7143a; FRL-5340-7]

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Florida Change in 
National Policy Regarding Applicability of Conformity Requirements to 
Redesignation Requests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: On February 7, 1995, the State of Florida, through the Florida 
Department of Environmental Protection (FDEP), submitted a maintenance 
plan and a request to redesignate the Tampa area from marginal 
nonattainment to attainment for ozone (O3). The Tampa O3 
nonattainment area consists of Hillsborough and Pinellas 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 Tampa area.

DATES: This action will be effective February 5, 1996, unless adverse 
or critical comments are received by January 8, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 

ADDRESSES: Written comments on this action should be addressed to Joey 
LeVasseur, at the EPA Regional Office listed below.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
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.
Hillsborough County Environmental Protection Commission, 1410 North 
21st Street, Tampa, Florida 33605.
Pinellas County Department of Environmental Management, Division of Air 
Quality, 300 S. Garden Avenue, Clearwater, Florida 34616.

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 FL63-1-7143a.

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 Tampa-St. 
Petersburg-Clearwater area (Tampa), comprised of Hillsborough and 
Pinellas 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 
    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 Tampa was continued by 
operation of law pursuant to section 107(d)(1)(C)(i) of the 1990 
Amendments. Furthermore, it was classified as marginal 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).
    Tampa more recently has ambient monitoring data that show no 
violations of the O3 NAAQS, during the period 1990 through 1994. 
In addition, there have been no exceedances reported for the 1995 
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 Tampa area on February 7, 
1995, 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; 
    5. The area must have a fully approved maintenance plan pursuant to 
section 175A of the CAA.
    The Florida redesignation request for the Tampa 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 ambient O3 data for the calendar 
years 1990 through 

[[Page 62749]]
1992 shows an exceedance rate of less than 1.0 per year of the O3 
NAAQS in the Tampa area. (See 40 CFR 50.9 and Appendix H). In addition, 
there have been no ambient air exceedances in 1993, 1994 or to date in 
1995 for O3. Because the Tampa area has complete quality-assured 
data showing no violations of the standard over the most recent 
consecutive three calendar year period, the Tampa area has met the 
first statutory criterion of attainment of the O3 NAAQS. 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 Tampa 
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 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 Tampa 
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 Tampa 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 Tampa area was classified as marginal (See 56 FR 
56694, codified at 40 CFR 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 had not determined that these 
requirements were applicable to classified O3 nonattainment areas 
on or before February 7, 1995, the date that the State of Florida 
submitted a complete redesignation request for the Tampa area. 
Therefore, the State was not required to meet these requirements for 
purposes of redesignation. EPA has determined that the section 
172(c)(2) reasonable further progress (RFP) requirement was not 
applicable to the Tampa redesignation. 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.
    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. See 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). However, the State of Florida does have a fully 
approved part D NSR rule.
    Finally, for purposes of redesignation, the Tampa 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 

[[Page 62750]]
December 1, 1994. The conformity rules for Florida have not yet been 
    Although this redesignation request was submitted to EPA after the 
due dates for the SIP revisions for transportation conformity [58 FR 
62188] and general conformity [58 FR 63214] rules, EPA believes it is 
reasonable to interpret the conformity requirements as not being 
applicable requirements for purposes of evaluating the redesignation 
request under section 107(d). The rationale for this is based on a 
combination of two factors. First, the requirement to submit SIP 
revisions to comply with the conformity provisions of the Act continues 
to apply to areas after redesignation to attainment. Therefore, the 
State remains obligated to adopt the transportation and general 
conformity rules even after redesignation and would risk sanctions for 
failure to do so. While redesignation of an area to attainment enables 
the area to avoid further compliance with most requirements of section 
110 and part D, since those requirements are linked to the 
nonattainment status of an area, the conformity requirements apply to 
both nonattainment and maintenance areas. Second, EPA's federal 
conformity rules require the performance of conformity analyses in the 
absence of state-adopted rules. Therefore, a delay in adopting State 
rules does not relieve an area from the obligation to implement 
conformity requirements.
    Because areas are subject to the conformity requirements regardless 
of whether they are redesignated to attainment and must implement 
conformity under Federal rules if State rules are not yet adopted, EPA 
believes it is reasonable to view these requirements as not being 
applicable requirements for purposes of evaluating a redesignation 
    Therefore, with this notice, EPA is modifying its national policy 
regarding the interpretation of the provisions of section 107(d)(3)(E) 
concerning the applicable requirements for purposes of reviewing an 
ozone redesignation request. Under this new policy, for the reasons 
just discussed, EPA believes that the ozone redesignation request for 
the Tampa area may be approved notwithstanding the lack of submitted 
and approved state transportation and general conformity rules.
B.3. Subpart 2 of Part D--Section 182(a) Requirements
    The CAA was amended on November 15, 1990, Public Law 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q. EPA was required to 
classify O3 nonattainment areas according to the severity of their 
problem. The Tampa area was designated as marginal O3 
nonattainment (See 40 CFR 81.310). Because this area is marginal, the 
area must meet section 182(a) of the CAA. EPA has analyzed the SIP and 
determined that it is consistent with the requirements of amended 
section 182. Below is a summary of how the area has met the 
requirements of these sections.
(1) Emissions Inventory
    The CAA required an inventory of all actual emissions from all 
sources, as described in section 172(c)(3) by November 15, 1992. On 
November 16, 1992, FDEP submitted an emission inventory for the Tampa 
area. This notice is approving the base year inventory for the Tampa 
(2) Reasonably Available Control Technology (RACT)
    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 
(3) 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 to 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.

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 Tampa 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 Tampa 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 
from stage I sources were reduced by 40% in 1990 due to VOC RACT. The 
FMVCP reduced VOC emissions from motor vehicles by 14.2% from 1988 to 
1990. The reduction in RVP from 10.8 psi in 1988 to 9.0 psi in 1990 has 
reduced summertime VOC mobile source emissions by 30.8%.
    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 notice, EPA is approving the State of Florida's maintenance plan 
for the Tampa 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 Tampa 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 document.
    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 

[[Page 62751]]
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 Tampa area.

                                         VOC Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
                                                     1990         1994         1997         2000         2005   
Stationary Point...............................        16.59        24.52        25.16        25.86        26.64
Stationary Area................................       101.00       104.61       109.44       114.34       120.13
On-Road Mobile.................................       166.12        90.96        87.97        84.73        87.43
Non-Road Mobile................................        51.41        55.36        57.56        59.76        62.58
Biogenics......................................        97.89        97.89        97.89        97.89        97.89
      Total....................................       433.01       373.07       378.02       382.59       394.67

                                         NOx Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
                                                     1990         1994         1997         2000         2005   
Stationary Point...............................       319.76       336.02       317.83       320.02       338.84
Stationary Area................................         9.96        10.67        11.08        11.48        12.08
On-Road Mobile.................................       121.47       109.89       114.00       111.80       113.25
Non-Road Mobile................................        41.60        44.61        47.01        49.40        52.61
      Total....................................       492.79       501.19       489.92       492.70       516.78

                     CO Emissions Inventory Summary                     
                             [Tons per day]                             
Stationary Point........................................           33.49
Stationary Area.........................................           16.36
On-Road Mobile..........................................          942.60
Non-Road Mobile.........................................          365.54
      Total.............................................         1357.99

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 emissions are expected to decrease 38.34 
tons or 8.85% from the level of the base year inventory during this 
time period. The NOX emissions do show a slight increase of 23.99 
tons or 4.87% from 1990 to 2005, but the State has demonstrated as 
discussed below that the projected increases will not adversely affect 
the maintenance of the O3 NAAQS.
    The Empirical Kinetics Modeling Approach (EKMA) was used to 
demonstrate the impact of NOX emission increases on maximum 
O3 formation. The EKMA analysis showed that the projected future 
mix of emissions will not cause a violation of the NAAQS. EPA EKMA 
guidance documents were used in developing model inputs. The model was 
run using 1988 meteorological conditions and monitored O3, 
NOX and nonmethane organic compound (NMOC) concentration data for 
May 16, 1988, June 3, 1988, and June 23, 1988, and was run in the EKMA 
calculate mode. These days had observed O3 maximum concentrations 
of 0.118, 0.113, and 0.115 parts per million (ppm) respectively. The 
monitored NMOC/NOX ratios of 6.876, 8.298, and 5.180 were used as 
input. The EKMA predicted a minimum decrease in O3 concentration 
of 1.5% from 1990 to 2005.
    The model output indicated a continual decrease in the maximum 
model-predicted O3 with each increase in NOX emissions over 
the 1990 base case inventory. Additionally, the modeling indicated that 
the mix of emissions as indicated in the 2005 inventory (11.4% VOC 
reductions and 4.8% NOX increase over the 1990 inventory) produced 
lower O3 levels than the base case. Thus, the analysis indicates 
that, not withstanding the projected increase in NOX emissions, 
the Tampa area should continue to maintain the standard throughout the 
maintenance period.

C. Contingency Plan

    The level of VOC emissions in the Tampa 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, or an 

[[Page 62752]]
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 

D. 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 Tampa area O3 maintenance 
plan submitted on February 7, 1995, because it meets the requirements 
of section 175A. In addition, the Agency is approving the request and 
redesignating the Tampa nonattainment area to attainment, because the 
State has demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation. EPA is also approving the 1990 base 
year emissions inventory for the Tampa area submitted on November 16, 
1992. 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 February 5, 1996, unless, within 30 days of its publication, 
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 February 5, 1996.
    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-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 February 
5, 1996. 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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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 
    Under the Regulatory Flexibility Act, 5 U.S.C. section 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 sections 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. The Office of Management and Budget has exempted 
this rule from the requirements of section 3 of Executive Order 12291.
    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. sections 7410 
(a)(2) and 7410 (k)(3).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

[[Page 62753]]

List of Subjects

40 CFR Part 52

    Environmental protection, 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: October 19, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Chapter I, title 40, Code of Federal Regulations, is amended as 


    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)(89) to read 
as follows:

Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (89) The maintenance plan for Tampa, Florida, submitted by the 
Florida Department of Environmental Protection on February 7, 1995.
    (i) Incorporation by reference. Tampa Redesignation Request and 
Attainment/Maintenance Plan for the Tampa Bay Florida Ozone 
Nonattainment Area including Emissions Inventory Summary and 
Projections adopted on November 16, 1994.
    (ii) Other material. None.


Subpart C--Section 107 Attainment Status Designations

    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 ``Florida-Ozone'' table is amended by 
removing the entry for ``Tampa-St. Petersburg-Clearwater Area;'' and by 
adding entries for Hillsborough and Pinellas Counties in alphabetical 
order; and by revising the entry ``Rest of State'' to read 

Sec. 81.310  Florida.

* * * * *

                                                        Designation                          Classification     
          Designated Area          -----------------------------------------------------------------------------
                                             Date\1\                    Type              Date\1\        Type   
Statewide.........................  ........................  Unclassifiable/           ...........  ...........
                       *          *          *          *          *          *          *                      
Hillsborough County...............  February 5, 1996.         ........................  ...........  ...........
                       *          *          *          *          *          *          *                      
Pinellas County...................  February 5, 1996.         ........................  ...........  ...........
                       *          *          *          *          *          *          *                      
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
[FR Doc. 95-29817 Filed 12-6-95; 8:45 am]