[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Rules and Regulations]
[Pages 992-995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FL-75-1-9806a; FRL-6196-8]


Designation of Areas for Air Quality Planning Purposes Florida: 
Redesignation of the Duval County Sulfur Dioxide Unclassifiable Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 28, 1997, the Florida Department of Environmental 
Protection (DEP) submitted a request for redesignation to attainment 
for sulfur dioxide (SO2) in Duval County, Florida. The 
redesignation request included five years of quality assured monitoring 
data which showed no exceedances of the National Ambient Air Quality 
Standards (NAAQS) for SO2. Duval County was originally 
designated as an unclassifiable area in 1978 due to a lack of adequate 
monitoring data. Sufficient data have now been collected to make an 
affirmative declaration of attainment status. The EPA is redesignating 
Duval County from unclassifiable to attainment for SO2.

DATES: This direct final rule is effective on March 8, 1999 without 
further notice, unless EPA receives adverse comment by February 8, 
1999. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to Scott M. Martin, 
Regulatory Planning Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, Region 4 Environmental Protection Agency, 
61 Forsyth Street, SW, Atlanta, Georgia 30303.
    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, SW, Atlanta, Georgia 30303.
    Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303. The telephone number is 404-562-9036.

SUPPLEMENTARY INFORMATION: In a Federal Register document published 
March 3, 1978, (43 FR 8962) the Duval County area was designated as 
unclassifiable for SO2 due to lack of adequate monitoring 
data. On January 28, 1997, the State of Florida, through the DEP, 
submitted a request for redesignation of the Duval County 
SO2 unclassifiable area to attainment. Included with this 
request was five years of quality assured monitoring data which showed 
that Duval County had not violated the NAAQS for SO2. The 
State of Florida has met all the Clean Air Act Amendments of 1990 (CAA) 
requirements for redesignation pursuant to section 107(d)(3)(E).
    Section 107(d)(3)(E)(i) The Administrator has determined that the 
area has attained the NAAQS.
    Florida submitted air quality data demonstrating attainment with 
both the primary and secondary SO2 NAAQS for the years 1990 
through 1995. As required by the EPA for SO2 redesignations, 
a nonattainment area must demonstrate attainment by showing no more 
than one exceedance annually for two complete, consecutive calendar 
years and must continue in attainment status until the final notice 
approving such redesignation is effective. During that period there 
were no exceedances in the Duval County area, and hence, no violations 
of the SO2 NAAQS. The area has continued to monitor 
attainment of the SO2 NAAQS to date.
    Section 107(d)(3)(E)(ii) The Administrator has fully approved the 
applicable implementation plan for the area under Section 110(k).
    The Florida SO2 State Implementation Plan (SIP) is fully 
approved and meets all requirements under section 110(k) which are 
applicable to the Duval County area.
    Section 107(d)(3)(E)(iii) The Administrator determines that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
implementation plan and applicable Federal air pollutant control 
regulations and other permanent and enforceable reductions.
    Duval County was originally designated as an unclassifiable area in 
1978 due to lack of adequate monitoring data. Monitoring data was 
submitted for the years 1990 through 1995 which shows Duval County is 
attaining the NAAQS for SO2. Additionally, a modeling 
demonstration was submitted which was completed in accordance with the 
EPA air quality modeling guidelines. The modeling indicated a need for 
state operating permits on three facilities. The State submitted 
permits for SCM Glidco Organics Corporation (now Millennium Specialty 
Chemicals), Anheuser Bush, Inc., and the Celotex Corporation for 
approval into the SIP which show reductions in SO2

[[Page 993]]

emissions. These permits will be replaced by title V permits for the 
facilities however, the SO2 emission limitations will remain 
the same.
    Section 107(d)(3)(E)(iv) The Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A.
    Duval County was originally designated as an unclassifiable area 
for SO2 and maintenance plans are not required for 
unclassifiable areas requesting redesignation to attainment.
    Section 107(d)(3)(E)(v) The State containing such area has met all 
requirements applicable to the area under Section 110 and Part D.
    Florida has complied with all requirements of section 110 and part 
D of the CAA. Additionally, the State of Florida submitted permits for 
three plants in the area that provide emission reductions for inclusion 
in the SIP. These requirements will protect the SO2 NAAQS in 
the Duval County area. Therefore, Florida has complied with all 
requirements of section 110 and part D of the CAA and has satisfied all 
requirements of section 107(d)(3)(E).

Permit Approval

    EPA is approving the following permit conditions into the SIP:
    Permit A016-169138 SCM Glidco Organics conditions 1 through 18. 
Permit A016-222421 Anheuser-Busch, Inc., conditions 1 through 18. 
Permit AO16-185805 The Celotex Corporation conditions 11 through 16.

Final Action

    In this action, EPA is approving the request to redesignate Duval 
County, Florida, to attainment for the SO2 NAAQS. 
Additionally, EPA is approving the permit conditions for the SCM Glidco 
Organics Corporation, Anheuser Bush, Inc., and the Celotex Corporation.
    The SO2 SIP is designed to satisfy the requirements of 
part D of the CAA and to provide for attainment and maintenance of the 
SO2 NAAQS. This final redesignation should not be 
interpreted as authorizing the State to delete, alter, or rescind any 
of the SO2 emission limitations and restrictions contained 
in the approved SO2 SIP. Changes to SO2 SIP 
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.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective March 
8, 1999 without further notice unless the Agency receives relevant 
adverse comments by February 8, 1999.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Only parties interested in 
commenting should do so at this time. If no such comments are received, 
the public is advised that this rule will be effective on March 8, 1999 
and no further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective

[[Page 994]]

and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. 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 rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to 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 annual 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

H. 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 March 8, 1999. 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 proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: November 10, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    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 et seq.

Subpart K--Florida

    2. Section 52.520, is amended by adding paragraph (c)(101) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (101) Revisions to the Florida SIP adding SO2 permits to 
specify SO2 emission limits for three sources in Duvall 
County, Florida submitted on January 28, 1997.
    (i) Incorporation by reference. The following source specific 
SO2 permits of the Florida Department of Environmental 
Protection.
    SO2 Permits:
    (A) Permit AO16-169138 SCM Glidco Organics conditions 1 through 18.
    (B) Permit AO16-222421 Anheuser-Busch, Inc., conditions 1 through 
18.
    (C) Permit AO16-185805 The Celotex Corporation conditions 11 
through 16.
    (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.

Subpart C--Section 107 Attainment Status Designations

    2. In Sec. 81.310, the ``Florida-SO2'' table is amended 
by revising the entry for ``Duvall County'' to read as follows:


Sec. 81.310  Florida.

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[[Page 995]]



                                                                      Florida--SO2
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                                     Does not meet        Does not meet                                                                   Better than
         Designated area           primary standards   secondary standards                    Cannot be classified                    national standards
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Duvall County                     ...................  ...................  ........................................................  X
                   *                   *                   *                   *                 *                 *                 *
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[FR Doc. 99-229 Filed 1-6-99; 8:45 am]
BILLING CODE 6560-50-P