[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18259-18260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10127]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FL-64-2-9611a; FRL-5444-4]


Approval and Promulgation of Implementation Plans, Florida: 
Approval of Revisions to the Florida SIP

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) submitted by the State of Florida through the Florida 
Department of Environmental Protection (FDEP) on April 24, 1995. This 
submittal includes amendments to the federally enforceable state 
operating permit program and the SIP regulations for perchloroethylene 
dry cleaning facilities.

DATES: This final rule will be effective June 24, 1996 unless adverse 
or critical comments are received by May 28, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

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.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460.
EPA, Region 4 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 32399-2400.

FOR FURTHER INFORMATION CONTACT: Interested persons wanting to examine 
documents relative to this action should make an appointment with the 
Region 4 Air Programs Branch at least 24 hours before the visiting day. 
To schedule the appointment or to request additional information, 
contact Joey LeVasseur, Regulatory Planning and Development Section, 
Air Programs Branch, Air, Pesticides & Toxics Management Division, 
Region 4 EPA, 345 Courtland Street, NE., Atlanta, Georgia 30365. The 
telephone number is 404/347-3555 ext. 4215. Reference file FL64-2-
9611a.

SUPPLEMENTARY INFORMATION: EPA is approving revisions to the Florida 
SIP submitted by the State of Florida through the FDEP on April 24, 
1995. These revisions amend the federally enforceable state operating 
permit program and the SIP regulations for perchloroethylene dry 
cleaning facilities. The following is a description of the revisions. 
The regulations are more fully discussed in the official SIP submittal 
that is available at the Region IV office listed under the ADDRESSES 
section of this notice.

62-210.200 and 62.296.200

    These sections were updated to include ``emission control 
equipment'' within the definition of ``dry cleaning facility,'' for 
consistency with the definitions and requirements of the Title V 
program.

62-210.300(2)(b)

    This section previously was unclear and was revised to clarify the 
requirements for federally enforceable state operating permits 
(FESOPs).

62-210.300(4)

    This section was revised to provide a temporary exemption to area 
source dry cleaning facilities from the State's minor source 
preconstruction review requirements.

62-296.412

    This section was revised to update the applicable requirements for 
perchloroethylene dry cleaning facilities. The amendments make it clear 
that perchloroethylene facilities which have not yet been permitted 
under Title V continue to be subject to the requirements of this 
section in the interim.

Final Action

    In this action, EPA is approving the revision to the SIP submitted 
by the State of Florida through the FDEP on April 24, 1995. The EPA is 
publishing this rule making without a prior proposal for approval 
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 June 24, 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

[[Page 18260]]

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 the separate 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 June 24, 1996.
    Under section 307(b)(1) of the Clean Air Act (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 
June 24, 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 CAA, 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 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, 256-66 (S.Ct. 1976); 
42 U.S.C. section 7410(a)(2) and 7410(k)(3).

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 CAA. 
These rules may bind State, local and tribal governments to perform 
certain actions and also require the private sector to perform certain 
duties. EPA has examined whether the rules being approved by this 
action will impose no new requirements, since 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, and therefore there will be no 
significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

    Dated: January 29, 1996.
Phyllis P. Harris,
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)(94) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (94) Revisions to the Florida SIP regarding perchloroethylene dry 
cleaning facilities submitted on April 24, 1995.
    (i) Incorporation by reference.
    Sections 62-210.200(17) and (48)(c); 62-210.300(2)(b) and (4); 62-
296.200(58); and 62-296.412 of the F.A.C., effective April 18, 1995.
    (ii) Other material. None.

[FR Doc. 96-10127 Filed 4-24-96; 8:45 am]
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