[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2204-2206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-858]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-69-1-9940a; FRL -7439-2]


Approval and Promulgation of Implementation Plans; Florida: 
Approval of Revisions to the Florida State Implementation Plan

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 on July 22, 1996, by the State of Florida through 
the Florida Department of Environmental Protection (FDEP). These 
revisions to rules 62-296.412 and 62-296.511, which update the 
applicable requirements for perchloroethylene dry cleaners and 
halogenated solvent degreasing facilities to achieve compliance with 
regulations are being made to keep the EPA approved SIP consistent with 
the Florida regulations.

DATES: This direct final rule is effective March 17, 2003, without 
further notice, unless EPA receives adverse comment by February 18, 
2003. 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 Heidi LeSane at the EPA, 
Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960.
    Copies of the state submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Atlanta Federal Center, Region 4 Air 
Planning Branch, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane at 404/562-9035 (E-mail: 
[email protected]).

SUPPLEMENTARY INFORMATION: The State of Florida through the FDEP 
submitted revisions to Rules 62-296.412(1) and 62-296.511 of the 
Florida SIP on July 22, 1996. These rules were amended to update 
applicable requirements for perchloroethylene dry cleaners and 
halogenated solvent degreasing facilities. The amendments provide that 
dry cleaning facilities using

[[Page 2205]]

perchloroethylene which have not yet achieved compliance with the 
requirements of 40 CFR Part 63 Subpart M--National Perchloroethylene 
Air Emission Standards for Dry Cleaning Facilities, would continue to 
be subject to the requirements of Rule 62-296.412 until compliance is 
achieved. Likewise, the amendments provide that degreasing facilities 
using halogenated solvents which have not yet achieved compliance with 
the requirements of 40 CFR Part 63, Subpart T,--National Emission 
Standards for Halogenated Solvent Cleaning, would continue to be 
subject to the requirements of Rule 62-296.511 until compliance is 
achieved. These revisions primarily affect 40 CFR Part 63--National 
Emission Standards for Hazardous Air Pollutants for Source Categories, 
however, the amendments also provide emissions reductions of volatile 
organic compounds (VOCs).

Final Action

    EPA is approving the aforementioned revisions to the Florida SIP 
because they are consistent with the Clean Air Act (CAA) and EPA 
requirements. The EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial submittal 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 adverse comments be filed. This rule will be effective March 17, 
2003, without further notice unless the Agency receives adverse 
comments by February 18, 2003.
    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. 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 17, 2003, and no 
further action will be taken on the proposed rule.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    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 17, 2003. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: January 3, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


    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 et seq.

Subpart K--Florida

    2. In Sec.  52.520(c) the table is amended by revising the entry 
for ``62-296.412'' and ``62-296.511'' to read as follows:

[[Page 2206]]

Sec.  52.520  Identification of plan.

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    (c) * * *

                                        EPA Approved Florida Regulations
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                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-296.412......................  Dry Cleaning             06/05/1996  01/16/2003 [Insert
                                   Facilities.                          page citation of
                                                                        publication].
 
                                                  * * * * * * *
62-296.511......................  Solvent Metal            06/05/1996  01/16/2003 [Insert
                                   Cleaning.                            page citation of
                                                                        publication].
 
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[FR Doc. 03-858 Filed 1-15-03; 8:45 am]
BILLING CODE 6560-50-P