[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Rules and Regulations]
[Pages 38918-38919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19093]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-72-1-9720a: FRL-5858-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 25, 1996, the Florida Department of Environmental 
Protection (FDEP) submitted revisions to the Environmental Protection 
Agency (EPA) to: revise the gasoline tanker truck leak testing 
procedures by adopting by reference federal test methods; change the 
requirements to submit test results to the FDEP rather than the Florida 
Department of Agriculture and Consumer Services; and update the 
gasoline tanker truck leak test form. EPA is approving these revisions 
as part of the State Implementation Plan (SIP).

DATES: This final rule is effective September 19, 1997, unless adverse 
or critical comments are received by August 20, 1997. 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 Mr. 
Gregory O. Crawford 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 Planning Branch, 61 
Forsyth Street, Atlanta, Georgia 30303.
    Florida Department of Environmental Protection, 2600 Blair Stone 
Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Gregory O. Crawford, Regulatory 
Planning Section, Air Planning Branch, Air, Pesticides & Toxics 
Management Division, Region 4, Environmental Protection Agency, 61 
Forsyth Street, Atlanta, Georgia, 30303. The telephone number is (404) 
562-9042.

SUPPLEMENTARY INFORMATION: EPA is approving revisions to the Florida 
SIP submitted by the State of Florida through the FDEP on September 25, 
1996. These revisions amend the gasoline tanker truck leak testing 
procedures, change the requirements to submit test results and update 
the gasoline tanker truck leak test form. 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 4 office 
listed under the Addresses section of this document.

62-252.500  Gasoline Tanker Trucks

    This section was revised to delete the reference to EPA document 
number 450/2 78 051 which describes EPA Test Method 27, and adopt by 
reference the actual test method. This section was also revised to 
change the requirements to submit test results to FDEP instead of the 
Florida Department of Agriculture and Consumer Services.

62-252.900  Forms

    Minor word changes were made in this section for grammatical 
clarity. This section was also revised to update the gasoline tanker 
truck leak test form.
    EPA has evaluated these SIP revisions and find that they meet all 
applicable requirements. Therefore, the Agency is approving the SIP 
revisions into the Florida SIP.

Final Action

    EPA is approving the above referenced revisions to the SIP 
submitted by the State of Florida because they meet the Agency's and 
the Clean Air Act (CAA) requirements. 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 September 19, 
1997, unless, by August 20, 1997, 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 September 19, 1997.
    The Agency has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The Agency has determined that this 
action conforms with those requirements.
    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.

I. Administrative Requirements

A. Executive Order 12866

    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.

B. Regulatory Flexibility Act

    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 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. EPA, 427 U.S. 246, 256-66 1976; 42 U.S.C. 7410(a)(2) and 7410 
(k)(3).

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C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rules that include a Federal mandate that may result in estimated 
costs to State, Local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, Local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
federal requirements. Accordingly, no additional costs to State, Local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) 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).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 19, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the 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 the 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: June 25, 1997.
A. Stanely Meiburg,
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)(98) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (98) Revisions to the Florida SIP to amend the gasoline tanker 
truck leak testing procedures, change the requirements to submit test 
results and update the gasoline tanker truck leak test form which were 
submitted on September 25, 1996.
    (i) Incorporation by reference. 62-252.500(3) and 62-252.900, 
effective September 10, 1996.
    (ii) Other material. None.

[FR Doc. 97-19093 Filed 7-18-97; 8:45 am]
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