[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Pages 49064-49066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23820]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-60-1-6929a; FRL-5609-3]


Approval and Promulgation of Lead State Implementation Plan for 
the State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 18, 1994, the Florida Department of Environmental

[[Page 49065]]

Protection (FDEP) submitted revisions to the Florida State 
Implementation Plan (SIP). The revision includes amendments to the 
rules in the Florida Administrative Code, Chapters 17-275, Air Quality 
Areas, and 17-296, Stationary Sources--Emission Standards. These 
revisions provide for the control of lead emissions from facilities in 
the State of Florida, and will replace the Federal Implementation Plan 
requirements. The approval of this plan does not satisfy the 
requirements of 40 CFR 51.117 which requires the State to submit a 
source-specific lead plan for Gulf Coast Recycling located in the 
Hillsborough County lead nonattainment area.

DATES: This action is effective November 18, 1996 unless adverse or 
critical comments are received by October 18, 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 Ms. 
Kimberly Bingham 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 20460.
Environmental Protection Agency, Region 4, Air Programs Branch, 100 
Alabama Street, Atlanta, Georgia 30303-3104.
Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory 
Planning and Development Section, Air Programs Branch, Air, Pesticides 
& Toxics Management Division, Region 4 Environmental Protection Agency, 
Courtland Street NE, Atlanta, Georgia, 30365. The telephone number is 
(404) 347-2864 extension 4195.

SUPPLEMENTARY INFORMATION: On September 17, 1984, the State of Florida 
through FDEP submitted a lead implementation plan, and on November 1, 
1985, (50 FR 45605) EPA took final action on the lead SIP. The action 
disapproved the regulatory portion of the SIP because the regulations 
needed to implement specific measures necessary to assure attainment 
and maintenance of the lead national ambient air quality standards 
(NAAQS) were not included. The EPA promulgated a source-specific 
Federal Implementation Plan to replace the disapproved Florida lead 
SIP.
    On June 24, 1992, EPA Region 4, notified the Governor of Florida 
that a portion of Hillsborough County should be redesignated 
nonattainment for lead (57 FR 44374) based on a violation of the lead 
NAAQS which is 1.5 micrograms per cubic meter. A lead value of 2.27 
micrograms per cubic meter was reported the fourth quarter of 1991 by a 
monitor located south of the Gulf Coast Recycling plant boundary. On 
January 8, 1993, the State of Florida requested that the portion of 
Hillsborough County surrounding the Gulf Coast Recycling Company be 
redesignated to nonattainment for lead. The EPA published a Notice of 
Proposed Rulemaking in the Federal Register requesting that the area be 
designated nonattainment (58 FR 44641). Final rulemaking on this issue 
has not occurred because Region 4 agreed to allow the State of Florida 
to withdraw their nonattainment redesignation request if they submitted 
an approvable lead submittal that provided for the attainment of the 
lead NAAQS. On August 18, 1994, FDEP submitted revisions to the Florida 
SIP. The revisions include amendments to the rules in the Florida 
Administrative Code, Chapters 17-275, Air Quality Areas, and 17-296, 
Stationary Sources--Emission Standards. These revisions provide for the 
control of lead emissions from facilities in the State of Florida. This 
plan will serve only to replace the Federal Implementation Plan 
requirements codified in 40 CFR 52.535. The State of Florida will be 
submitting a source-specific plan for Gulf Coast Recycling that 
provides for the attainment of the lead NAAQS in the Hillsborough 
County lead nonattainment area and must do so to satisfy the 
requirements of 40 CFR 51.117.
    The EPA is not taking action on Chapter 17-275.410--Designation of 
Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas) 
and Chapter 17-275.600--Designation of Air Quality Maintenance Areas in 
this document.

Summary of SIP Revisions

Chapter 17-296.200--Definitions

    This chapter defines all lead processing operations subject to 
these SIP revisions.

Chapter 17-296.600

    To control lead emissions in the State of Florida, this chapter 
requires that all facilities located in the affected area to use 
reasonable available control technologies (RACT). This chapter requires 
all affected facilities to submit a revised permit application to the 
State of Florida that includes an operation and maintenance plan for 
the lead emissions control devices, collection systems, and processing 
systems. All affected facilities must keep records of the control 
equipment operating parameters, maintenance performed, and system 
malfunctions of the lead emission control equipment and failures and 
corrective actions taken.

Chapter 17-296.601

    This chapter requires the operators of the affected lead facilities 
to control their fugitive lead emissions with RACT, and include a 
description of the RACT measures to be employed at the facility. 
Examples of measures that constitute RACT are also listed in this 
chapter.

Chapters 17-296.602, 17-296.603, 17-296.604, 17-296.605

    These chapters require the affected lead facilities to be equipped 
with RACT to control their lead emissions, and include air dispersion 
modeling in their air permit applications that demonstrates that their 
facility will not contribute to a violation of the lead NAAQS. These 
chapters also list the emission limiting standards for all of the 
affected lead facilities.

Final Action

    The EPA has evaluated the State's submittal for consistency with 
the Clean Air Act, EPA regulations, and EPA policy. The EPA has 
determined that the rules submitted by the State of Florida meet the 
Clean Air Act's requirements and is approving this submittal under 
section 110(k)(3).
    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 is effective 
November 18, 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

[[Page 49066]]

comments received will then be addressed in a subsequent final rule 
based on the proposed rule published with this action. 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 
is effective November 18, 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 
November 18, 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 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 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. 7410(a)(2) and 7410(k)(3).
    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 would 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.
    Under 5 U.S.C. 801(a)(1)(A) Act (APAA) as added by the Small 
Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives and the Comptroller General 
of the General Accounting Office prior to publication of the rule in 
today's Federal Register. This rule is not a ``major rule'' as defined 
by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Lead, Reporting and recordkeeping requirements.

    Dated: August 15, 1996.
R.F. McGhee,
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)(91) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (91) The State of Florida submitted revisions to the FDEP 
Administrative Code for the Air Pollution Control Program on August 18, 
1994. These revisions provide for the control of lead emissions from 
facilities in the State of Florida, and will replace the Federal 
Implementation Plan requirements codified in 40 CFR 52.535.
    (i) Incorporation by reference. Chapters 17-296.200 (97) and (163) 
introductory paragraph and (e), 17-296.600-605 effective on August 8, 
1994.
    (ii) Other material. None.
    3. Section 52.535 is removed and reserved.

[FR Doc. 96-23820 Filed 9-17-96; 8:45 am]
BILLING CODE 6560-50-P