[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Rules and Regulations]
[Pages 47468-47473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20302]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-078-200335(a); FRL-7541-9]


Approval and Promulgation of Implementation Plans Revisions to 
Florida State Implementation Plan: Transportation Conformity Rule

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 August 14, 1998, with the 
exception of one state regulation pertaining to triggers. The revision 
contains the transportation conformity rule pursuant to the Clean Air 
Act as amended in 1990 (Act), including detailed consultation 
procedures for implementing the transportation conformity rule. The 
transportation conformity rule assures that projected emissions from 
transportation plans, improvement

[[Page 47469]]

programs and projects in air quality nonattainment or maintenance areas 
stay within the motor vehicle emissions ceiling contained in the SIP. 
The transportation conformity SIP revision enables the State to 
implement and enforce the Federal transportation conformity requirement 
at the state level. This action streamlines the conformity process to 
allow direct consultation among agencies at the local level. This final 
approval action is limited to requirements for transportation 
conformity.

DATES: This direct final rule is effective October 10, 2003 without 
further notice, unless EPA receives adverse comment by September 10, 
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: Comments may be submitted by mail to: Matt Laurita, Air 
Quality Modeling and Transportation Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Comments may also be submitted electronically, or through 
hand delivery/courier, please follow the detailed instructions 
described in [Part (I)(B)(1)(i) though (iii)] of the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Matt Laurita, Air Quality Modeling and 
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9044. Mr. Laurita can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under FL-078-200335. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the For Further Information Contact section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30 excluding Federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. Florida 
Department of Environmental Protection, Division of Air Resources 
Management, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399-2400.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking FL-078.'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please including the text ``Public comment on 
proposed rulemaking FL-078.'' in the subject line. EPA's e-mail system 
is not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below.

[[Page 47470]]

These electronic submissions will be accepted in WordPerfect, Word or 
ASCII file format. Avoid the use of special characters and any form of 
encryption.
    2. By Mail. Send your comments to: Matt Laurita, Air Quality 
Modeling and Transportation Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Please include the text ``Public comment on proposed 
rulemaking FL-078-200335.'' in the subject line on the first page of 
your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Matt 
Laurita, Air Quality Modeling and Transportation Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9 to 3:30 
excluding Federal holidays.

C. How Should I Submit Confidential Business Information (CBI) to the 
Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

A. What Is A SIP?

    The states, under section 110 of the Act, must develop air 
pollution regulations and control strategies to ensure that state air 
quality meets National Ambient Air Quality Standards (NAAQS) 
established by EPA. The Act, under section 109, established these NAAQS 
which currently address six criteria pollutants. These pollutants are: 
carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and 
sulfur dioxide.
    Each state must send these regulations and control strategies to 
EPA for approval and incorporation into the Federally enforceable SIP, 
which protects air quality and contains emission control plans for 
NAAQS nonattainment areas. These SIPs can be extensive, containing 
state regulations or other enforceable documents and supporting 
information such as emission inventories, monitoring networks, and 
modeling demonstrations.

B. What Is the Federal Approval Process For a SIP?

    The states must formally adopt the regulations and control 
strategies consistent with state and Federal laws for incorporating the 
state regulations into the Federally enforceable SIP. This process 
generally includes a public notice, public comment period, public 
hearing, and a formal adoption by a state-authorized rulemaking body.
    Once a state rule, regulation, or control strategy is adopted, the 
state will send these provisions to EPA for inclusion in the Federally 
enforceable SIP. EPA must then determine the appropriate Federal 
action, provide public notice, and request additional public comment on 
the action. The possible Federal actions include approval, disapproval, 
conditional approval and limited approval/disapproval. If adverse 
comments are received, EPA must consider and address the comments 
before taking final action.
    EPA incorporates state regulations and supporting information (sent 
under section 110 of the Act) into the Federally approved SIP through 
the approval action. EPA maintains records of all such SIP actions in 
the CFR at Title 40, part 52, entitled ``Approval and Promulgation of 
Implementation Plans.'' The EPA does not reproduce the text of the 
Federally approved state regulations in the CFR. They are 
``incorporated by reference,'' which means that the specific state 
regulation is cited in the CFR and is considered a part of the CFR the 
same as if the text were fully printed in the CFR.

C. What Is Transportation Conformity?

    Conformity first appeared as a requirement in the Act's 1977 
amendments (Pub. L. 95-95). Although the Act did not define conformity, 
it stated that no Federal department could engage in, support in any 
way or provide financial assistance for, license or permit, or approve 
any activity which did not conform to a SIP which has been approved or 
promulgated.
    The 1990 Amendments to the Act expanded the scope and content of 
the conformity concept by defining conformity to a SIP. Section 176(c) 
of the Act defines conformity as conformity to the SIP's purpose of 
eliminating or reducing the severity and number of violations of the 
NAAQS and achieving expeditious attainment of such standards. Also, the 
Act states ``that no Federal activity will: (1) Cause or contribute to 
any new violation of any standard in any area, (2) increase the 
frequency or severity of any existing violation of any standard in any 
area, or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area.'' The 
requirements of section 176(c) of the Clean Air Act apply to all 
departments, agencies and instrumentalities of the Federal government. 
Transportation conformity refers only to the conformity of 
transportation plans, programs and projects that are funded or approved

[[Page 47471]]

under title 23 U.S.C. or the Federal Transit Act (49 U.S.C. Chapter 
53).

D. Why Must the State Submit A Transportation Conformity SIP?

    A transportation conformity SIP is a plan which contains criteria 
and procedures for the State Department of Transportation (DOT), 
Metropolitan Planning Organizations (MPOs), and other state or local 
agencies to assess the conformity of transportation plans, programs and 
projects to ensure that they do not cause or contribute to new 
violations of a NAAQS in the area substantially affected by the 
project, increase the frequency or severity of existing violations of a 
standard in such area or delay timely attainment. 40 CFR part 51.390, 
subpart T requires states to submit a SIP that establishes criteria for 
conformity to EPA. 40 CFR part 93, subpart A, provides the criteria the 
SIP must meet to satisfy 40 CFR part 51.390.
    EPA was required to issue criteria and procedures for determining 
conformity of transportation plans, programs, and projects to a SIP by 
section 176(c) of the Act. The Act also required the procedure to 
include a requirement that each state submit a revision to its SIP 
including conformity criteria and procedures. EPA published the first 
transportation conformity rule in the November 24, 1993, Federal 
Register (FR), and it was codified at 40 CFR part 51, subpart T and 40 
CFR part 93, subpart A. The transportation conformity rule required the 
states to adopt and submit a transportation conformity SIP revision to 
the appropriate EPA Regional Office by November 25, 1994. The State of 
Florida submitted a transportation conformity SIP to the EPA Region 4 
on November 15, 1994. EPA did not take action on this SIP because the 
Agency was in the process of revising the transportation conformity 
requirements. EPA revised the transportation conformity rule on August 
7, 1995 (60 FR 40098), November 14, 1995 (60 FR 57179), and August 15, 
1997 (62 FR 43780), and codified the revisions under 40 CFR part 51, 
subpart T and 40 CFR part 93, subpart A--Conformity to State or Federal 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. of the Federal 
Transit Laws (62 FR 43780). EPA's action of August 15, 1997, required 
the states to change their rules and submit a SIP revision to EPA by 
August 15, 1998.
    States may choose to develop in place of regulations, a memorandum 
of agreement (MOA) which establishes the roles and procedures for 
transportation conformity. The MOA includes the detailed consultation 
procedures developed for that particular area. The MOAs are enforceable 
through the signature of all the transportation and air quality 
agencies, including the Federal Highway Administration (FHWA), Federal 
Transit Administration (FTA) and EPA.

E. How Does Transportation Conformity Work?

    The Federal or state transportation conformity rule applies to all 
NAAQS nonattainment and maintenance areas in the state. The MPO, the 
DOT (in absence of a MPO), State and local Air Quality Agencies , U.S. 
Environmental Protection Agency and U.S. Department of Transportation 
(USDOT) are involved in the process of making conformity 
determinations. Conformity determinations are made on programs and 
plans such as transportation improvement programs (TIP), transportation 
plans, and projects. The MPOs calculate the projected emissions that 
will result from implementation of the transportation plans and 
programs and compare those calculated emissions to the motor vehicle 
emissions budget established in the SIP. The calculated emissions must 
be equal to or smaller than the Federally approved motor vehicle 
emissions budget in order for USDOT to make a positive conformity 
determination with respect to the SIP.

III. Analysis of State's Submittal

A. What Did the State Submit?

    The State of Florida chose to address the transportation conformity 
SIP requirements using State rules that incorporate by reference 
portions of the Federal conformity rule and a Memorandum of Agreement 
(MOA) that provides the procedures for interagency consultation. The 
Transportation conformity rule, part 93, section 105, requires the 
state to develop specific procedures for consultation, resolution of 
conflict and public consultation. On August 14, 1998, the State of 
Florida, through the Department of Environmental Protection (DEP), 
submitted the rules for transportation conformity. DEP gave notice of 
rule-making proceedings to the public on July 3, 1998, held a public 
hearing on August 5, 1998 and the rules were approved by the Department 
of Environmental Protection on August 6, 1998. These amendments to the 
Florida Administrative Code Rule Chapter 62-204.500, filed on August 
12, 1998, became effective August 31, 1998.

B. What Is EPA Approving Today and Why?

    EPA is approving the Florida transportation conformity rule 
submitted to the EPA Region 4 office on August 14, 1998, by the 
Secretary of the Florida Department of Environmental Protection with 
one exception. EPA amended 40 CFR part 93, section 104(e) in August 
2002, changing the starting point for 18-month clock trigger for 
conformity from the date of the SIP submittal to the date of the motor 
vehicle emissions budget adequacy determination. This change was made 
after the State's public adoption process, and therefore the State has 
not adopted the most current version of 93.104(e). Therefore, EPA is 
not taking action on the portion of the Florida rule incorporating 
93.104(e) by reference, and the Federal rule applies in its place. 
Refer to the August 6, 2002, final rule (67 FR 50808) for more details.
    Furthermore, Florida's incorporation by reference of the conformity 
rule did not include portions of the regulations affected by the 
Federal court decision in Environmental Defense Fund v. Environmental 
Protection Agency, 167 F.3d 641 (DC Cir. 1999) and Sierra Club v. EPA, 
et. al., 129 F. 3d 137 (DC Cir. 1997). These include the following 
sections: 93.102(c)(1), 93.102(d), 93.118(e)(1), 93.120(a)(2), 
93.121(a)(1) and 93.124(b). For all those portions not incorporated by 
reference, the Federal transportation conformity rule will take 
precedence.
    EPA has evaluated this SIP revision and determined that the SIP 
requirements of the Federal transportation conformity rule, as 
described in 40 CFR part 51, subpart T and 40 CFR part 93, subpart A, 
have been met. Therefore, EPA is approving this revision to the Florida 
SIP.

C. How Did the State Satisfy the Interagency Consultation Process (40 
CFR 93.105)?

    EPA's rule requires the states to develop their own processes and 
procedures for interagency consultation among Federal, state, and local 
agencies and resolution of conflicts meeting the criteria of 40 CFR 
93.105. The SIP revision must include the process and procedures to be 
followed by the MPOs, DOT, FHWA, FTA, local transit operators, the 
state and local air quality agencies and EPA before making conformity 
determinations. The transportation conformity SIP revision must also 
include processes and procedures for the state and local air quality 
agencies and EPA to coordinate

[[Page 47472]]

the development of applicable SIPs with MPOs, state DOTs, FHWA and FTA.
    The State of Florida developed its statewide consultation rule 
based on a Memorandum of Agreement (MOA) signed by Broward County, the 
Broward County MPO, FHWA-FL, FTA, Florida Department of Transportation, 
Florida Department of Environmental Protection, Hillsborough Area 
Regional Transit Authority, the Environmental Protection Commission of 
Hillsborough County, the Hillsborough County MPO, the MPO for the 
Jacksonville Urbanized Area, the City of Jacksonville, Miami-Dade 
County, the MPO of Palm Beach County, Palm Beach County, Pinellas 
County, the Pinellas County MPO, Pinellas Suncoast Transit Authority, 
the Tri-County Commuter Rail Authority, and the U.S. Environmental 
Protection Agency Region 4. The consultation process developed by the 
Florida Department of Environmental Protection is unique to the State 
of Florida and is enforceable, effective August 31, 1998.

IV. Final Action

    EPA is approving the aforementioned changes to the Florida SIP, 
with the exception of the incorporation of reference to 40 CFR part 
93.104(e) in 62-204.500 which requires the State to comply with 
outdated conformity rule trigger provisions, because the State adopted 
this regulation prior to EPA's rulemaking amendment on August 6, 2002.
    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 October 10, 2003 
without further notice unless the Agency receives adverse comments by 
September 10, 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 October 10, 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.

V. 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 October 10, 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).)
    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 October 10, 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

[[Page 47473]]

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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: July 31, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
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. In Sec.  52.520(c) the table is amended by adding in numerical order 
an entry for ``62-204.500'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         State citation             Title/subject            date          EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
Section 62-204.500.............  Conformity.........  08/31/98..........  08/11/03 [Insert    Except for the
                                                                           citation of         incorporation by
                                                                           publication].       reference of 40
                                                                                               CFR 93.104(e) of
                                                                                               the
                                                                                               Transportation
                                                                                               Conformity Rule.
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-20302 Filed 8-8-03; 8:45 am]
BILLING CODE 6560-50-P