[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Rules and Regulations]
[Pages 23207-23209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10755]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-93-200318 (a); FRL-7491-5]


Approval and Promulgation of Implementation Plans, Florida: 
Martin Gas Sales, Inc., Variance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Florida State 
Implementation Plan (SIP) submitted on

[[Page 23208]]

January 17, 2003, by the State of Florida through the Florida 
Department of Environmental Protection. This source specific revision 
amends the SIP to include a variance granted to Martin Gas Sales, Inc., 
in Hillsborough County, Florida. The variance allows Martin Gas Sales, 
Inc., to forgo the postconstruction air quality and deposition 
monitoring for sulfur particulate emissions from the facility.

DATES: This direct final rule is effective June 30, 2003, without 
further notice, unless EPA receives adverse comment by June 2, 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(s) are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Heidi LeSane, 404/
562-9035.
Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency, 
Region 4, Air Planning Branch, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Heidi LeSane, 404/562-9035 [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Florida Administrative Code (F.A.C.) rule 62-212.600(2)(c), 
requires any new or modified sulfur storage and handling facility, with 
a throughput of elemental sulfur in all forms (solid or molten) equal 
to or greater than 5,000 tons per year, to conduct postconstruction air 
quality and deposition monitoring of sulfur particulate matter for two 
years from the date of issuance of the initial air operation permit for 
the facility, and, through the permitting process, to establish the 
period of time, if any, such monitoring must be continued after the 
initial two year period. The purpose of the postconstruction monitoring 
requirement in rule 62-212.600(2)(c), F.A.C., is to determine the 
impact of the facility on sulfur handling and storage operations.
    Under section 120.542, of the Florida Statutes, the department may 
grant a variance when the person subject to a rule demonstrates that 
purpose of the underlying statute will be or has been achieved by other 
means, or when application of a rule would create a substantial 
hardship or violate principles of fairness.
    On August 14, 2002, Martin Gas Sales Inc., submitted a petition for 
variance from the requirements of rule 62-12.600(2)(c), F.A.C., for a 
proposed expansion of its sulfur storage and handling facility in 
Tampa, Florida. The petitioner estimated the potential sulfur 
particulate emissions from the facility to be only 1.7 tons per year. 
Further, the company estimated the cost of compliance with the 
postconstruction monitoring requirement to be between $3,000 and 
$10,000 per year. Given the low estimated annual emissions and the high 
cost of complying with rule 62-212.600(2)(c), F.A.C., the department 
has determined that postconstruction air quality and deposition 
monitoring of sulfur particulate emissions would not be cost effective 
in this case and that the purpose of the underlying statute would be 
met without it. Therefore, the department has issued an Order Granting 
Variance to Martin Gas Sales, Inc., relieving the company from the 
requirements of rule 62-212.600(2)(c), F.A.C. Since this rule has 
previously been approved into Florida's State Implementation Plan 
(SIP), the department is requesting approval of this variance as a 
revision to the SIP.

II. Analysis of State's Submittal

    On January 17, 2003, the State of Florida Department of 
Environmental Protection submitted revisions to the Florida SIP. This 
SIP revision (DEP number 2003-01) consists of a department order 
granting a variance from Rule 62-212.600(2)(c), F.A.C., to Martin Gas 
Sales, Inc., in Hillsborough County, Florida.

III. Final Action

    EPA is approving the aforementioned changes to the State of Florida 
SIP because it is consistent with the Clean Air Act and Environmental 
Protection Agency's policy. 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 
June 30, 2003, without further notice unless the Agency receives 
adverse comments by June 2, 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 June 30, 2003, and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. 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

[[Page 23209]]

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 June 30, 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, Carbon monoxide, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 18, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

0
2. Section 52.520 is amended by adding a new entry at the end of the 
table in paragraph (d) for ``Martin Gas Sales, Inc.'' to read as 
follows:


Sec.  52.520  Identification of plan.

* * * * *
    (d) * * *

                                EPA-Approved Florida Source-Specific Requirements
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                                                           State effective
        Name of source                 Permit No.                date        EPA approval date     Explanation
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                                                  * * * * * * *
Martin Gas Sales, Inc.........  0570477-007-AC            January 17, 2003.  May 1, 2003
                                                                              [Insert citation
                                                                              of publication].
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[FR Doc. 03-10755 Filed 4-30-03; 8:45 am]
BILLING CODE 6560-50-P