[Federal Register Volume 68, Number 17 (Monday, January 27, 2003)]
[Rules and Regulations]
[Pages 3817-3819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1632]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-82-200309a; FRL-7443-3]


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.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP) submitted on September 7, 1999, by the State of Florida 
through the Florida Department of Environmental Protection (FDEP). The 
purpose of the revisions to rule 62-212.400 is to correct discrepancies 
between State and Federal rule language on exemptions from Prevention 
of Significant Deterioration and to include additional provisions.

DATES: This direct final rule is effective March 28, 2003 without 
further notice, unless EPA receives adverse comment by February 26, 
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.

[[Page 3818]]

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:

I. Background

    The State of Florida through the FDEP submitted revisions to Rule 
62-212.400 of the Florida SIP on September 7, 1999. The purpose of the 
revisions to rule 62-212.400 is to correct discrepancies between State 
and Federal rule language on exemptions from Prevention of Significant 
Deterioration (PSD) and to include additional provisions. A detailed 
analysis of the revisions is presented below.

II. Analysis of Florida's Submittal

    Paragraph 62-212.400(2)(a)2.a, 62-212.400(2)(a)4, and 62-
212.400(2)(a)5 are being revised to include a cross-reference to Rule 
62-204.800.
    Paragraph 62-212.400(2)(a)2.b is being added to exempt from PSD 
review any collateral emissions increases resulting from pollution 
control projects at pulp and paper mills being undertaken to comply 
with the EPA ``cluster'' rule.
    Paragraph 62-212.400(2)(a)2.c is being added to exempt from PSD 
review any collateral emissions increases resulting from pollution 
control projects at municipal solid waste landfills being undertaken to 
comply with EPA landfill gas collection rules.
    Paragraph 62-212.400(2)(a)3 (the temporary clean coal technology 
demonstration project exemption from PSD review) is being added in 
accordance with 40 CFR part 52, thus correcting a discrepancy between 
State and Federal rules.
    Paragraph 62-212.400(2)(a)4 is being revised to correct a 
discrepancy between State and Federal rules (changing ``unit-by-unit'' 
to ``pollutant-by-pollutant'').

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 28, 
2003 without further notice unless the Agency receives adverse comments 
by February 26, 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 28, 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. 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. 
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 28, 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).)

[[Page 3819]]

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 8, 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 for citation for part 52 continues to read as 
follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart K--Florida

    2. Section 52.520(c) is amended by revising the entry for ``62-
212.400'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Florida Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
         State citation                 Title/subject              State effective date              EPA approval date                Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                     * * * * * * *
                                                    62-212 Stationary Sources Preconstruction Review
 
                                                                      * * * * * * *
62-212.400.....................  Prevention of Significant   08/15/1999.....................  01/27/2003 [Insert page          .........................
                                  Deterioration.                                               citation of publication].
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-1632 Filed 1-24-03; 8:45 am]
BILLING CODE 6560-50-P