[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Rules and Regulations]
[Pages 7127-7133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-91-200323(a); FRL-7622-1]


Approval and Promulgation of Implementation Plans; Florida: 
Southeast Florida Area Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) submitted by the Florida Department of Environmental 
Protection (FDEP) on December 20, 2002. This SIP revision satisfies the 
requirement of the Clean Air Act (CAA) for the second 10-year update 
for the Southeast Florida area (Dade, Broward, and Palm Beach Counties) 
1-hour ozone maintenance plan. For transportation purposes, EPA is also 
finalizing its adequacy determination of the new Motor Vehicle 
Emissions Budgets (MVEBs) for the year 2015. EPA has determined that 
the MVEBs for the year 2015 contained in this SIP revision are adequate 
for transportation conformity purposes.

DATES: This direct final rule is effective April 13, 2004 without 
further notice, unless EPA receives adverse comment by March 15, 2004. 
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: Heidi LeSane, 
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. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in Part I.B.1. 
through 3 of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Air, Pesticides & Toxics 
Management Division, Air Planning Branch, Regulatory Development 
Section, U.S. Environmental Protection Agency Region 4, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mrs. 
LeSane's phone number is 404-562-9035. She can also be reached via 
electronic mail at [email protected] or Lynorae Benjamin, Air, 
Pesticides & Toxics Management Division, Air Planning Branch, Air 
Quality Modeling & Transportation Section, U.S. Environmental 
Protection Agency Region 4, Atlanta Federal Center, 61 Forsyth Street, 
SW., Atlanta, Georgia 30303-8960. Ms. Benjamin's phone number is 404-
562-9040. She 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-91. 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, 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 on 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-91'' 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.

[[Page 7128]]

    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, and made 
available in EPA's electronic 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 include the text ``Public comment on 
proposed rulemaking FL-91`` 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, and made 
available in EPA's electronic 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. 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: Heidi LeSane, 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. Please include the 
text ``Public comment on proposed rulemaking FL-91'' in the subject 
line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Heidi 
LeSane, Regulatory Development 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 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

    The air quality maintenance plan is a requirement of the 1990 CAA 
for nonattainment areas that come into compliance with the national 
ambient air quality standard (NAAQS). The Southeast Florida area (Dade, 
Broward, and Palm Beach Counties) were not in compliance with the 1-
hour ozone air quality standard until 1990, when air quality 
measurements showed compliance with the standard. The State 
subsequently requested that EPA redesignate these counties as 
attainment/maintenance for the 1-hour ozone standard. Included with 
this request was a 10-year air quality maintenance plan covering the 
years 1995 to 2005. This plan was developed in accordance with the 
appropriate guidelines. The EPA published approval of this plan on 
February 24, 1995, and it became effective on April 25, 1995 (60 FR 
10325).
    Subsequent revisions to this maintenance plan were made. The 
Florida Department of Environmental Protection (FDEP) revised the 
original plan to update emissions inventories reflecting more accurate 
emission estimates, to define specific MVEBs, to remove emissions 
reduction credits attributable to the motor vehicle inspection program 
(MVIP) (66 FR 40137), and to provide sub-area MVEBs for the three 
maintenance counties in Southeast Florida (63 FR 56568). The current 
plan was approved by EPA on August 2, 2001, and became effective on 
September 4, 2001 (66 FR 40137).

III. Analysis of State's Submittal

    On December 20, 2002, the FDEP submitted revisions to Florida SIP 
to provide a 10-year extension to the maintenance plan as required by 
section 175A(b) of the CAA as amended in 1990. The underlying strategy 
of the

[[Page 7129]]

maintenance plan is to maintain compliance with the 1-hour ozone 
standard by assuring that current and future emissions of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) remain at 
or below attainment year emission levels. The estimated emissions of 
ozone precursors (i.e.,VOC and NOX) for the three counties 
for the Southeast Florida area during the 1990 ozone season are 
provided in the following table. Projected VOC and NOX 
emissions for 2005 and 2015 are also provided.

                                           Volatile Organic Compounds
                                                 [tons per day]
----------------------------------------------------------------------------------------------------------------
                                                                                         1990
                      VOC                                      Category                  base     2005     2015
                                                                                         year
----------------------------------------------------------------------------------------------------------------
Dade..........................................  Stationary Point.....................     11.5      6.0      7.1
                                                Stationary Area......................    161.0    104.2    121.5
                                                On-Road Mobile.......................    177.7     59.7     32.7
                                                Non-Road Mobile......................     49.6     38.4     30.3
                                                Biogenic.............................    211.3    211.3    211.3
                                                                                      ----------
    Total.....................................  n/a..................................    611      419.6    402.9
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a      191.4    208.1
                                                 projected year total.
-----------------------------------------------
Broward.......................................  Stationary Point.....................     15.2      4.7      5.3
                                                Stationary Area......................     55.6     71.1     82.7
                                                On-Road Mobile.......................    132.2     52.9     29.1
                                                Non-Road Mobile......................     36.6     25.9     18.8
                                                Biogenic.............................    174.5    174.5    174.5
                                                                                      ----------
    Total.....................................  n/a..................................    414.1    329.1    310.4
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a       85      103.7
                                                 projected year total.
-----------------------------------------------
Palm Beach....................................  Stationary Point.....................      1.3      2.0      2.3
                                                Stationary Area......................     84.1     77.7     89.3
                                                On-Road Mobile.......................     99.1     39.6     22.8
                                                Non-Road Mobile......................     43.9     30.4     22.3
                                                Biogenic.............................    399.6    399.6    399.6
                                                                                      ----------
    Total.....................................  .....................................    628      549.3    536.3
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a       78.7     91.7
                                                 projected year total.
                                                                                      ----------
        Overall Total.........................  n/a..................................   1653.1   1297.9   1249.5
                                                                                      ----------
        Total Safety Margin...................  n/a..................................    n/a      355.1    403.5
----------------------------------------------------------------------------------------------------------------


                                                 Nitrogen Oxide
                                                 [tons per day]
----------------------------------------------------------------------------------------------------------------
                                                                                         1990
                      NOX                                      Category                  base     2005     2015
                                                                                         year
----------------------------------------------------------------------------------------------------------------
Dade..........................................  Stationary Point.....................     41.3     40.9     50.7
                                                Stationary Area......................     12.5      8.7      9.6
                                                On-Road Mobile.......................    157.3    102.0     42.1
                                                Non-Road Mobile......................     57.3     67.4     56.2
                                                Biogenic.............................      3.0      3.0      3.0
                                                                                      ----------
    Total.....................................  n/a..................................    271.4    222.0    161.6
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a       49.4    109.8
                                                 projected year total.
-----------------------------------------------
Broward.......................................  Stationary Point.....................    109.2     51.5     62.5
                                                Stationary Area......................      6.9      8.3      9.0
                                                On-Road Mobile.......................    117.0     90.4     37.4
                                                Non-Road Mobile......................     41.9     49.6     39.9
                                                Biogenic.............................      1.8      1.8      1.8
                                                                                      ----------

[[Page 7130]]

 
    Total.....................................  n/a..................................    276.8    201.6    150.6
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a       75.2    126.2
                                                 projected year total.
-----------------------------------------------
Palm Beach....................................  Stationary Point.....................     37.8     28.1     33.6
                                                Stationary Area......................      4.2      5.6      6.0
                                                On-Road Mobile.......................     87.7     67.7     29.3
                                                Non-Road Mobile......................     41.7     49.3     39.4
                                                Biogenic.............................      2.4      2.4      2.4
                                                                                      ----------
    Total.....................................  n/a..................................    173.8    153.1    110.7
                                                                                      ----------
    Safety Margin.............................  Calculated as 1990 base-year minus       n/a       20.7     63.1
                                                 projected year total.
                                                                                      ----------
        Overall Total.........................  n/a..................................    722.0    576.7    422.8
                                                                                      ----------
        Total Safety Margin...................  n/a..................................    n/a      145.3    299.1
----------------------------------------------------------------------------------------------------------------

    This SIP revision satisfies the requirement of the CAA for the 
second 10-year update for the Southeast Florida area 1-hour ozone 
maintenance plan. Changes to the current maintenance plan include 
revisions to the emissions inventory for both on-road and non-road 
mobile sources, reflecting improved methodologies contained in the 
MOBILE6 and NONROAD emission models. New emissions data for both the 
base year (attainment year) and the projected years (2005 and 2015) are 
calculated.

IV. Finalization of MVEBs Adequacy Determination for Transportation 
Conformity Purposes

    The second 10-year update for the Southeast Florida area 1-hour 
ozone maintenance plan also contains updated MVEBs in support of the 
transportation conformity process. These updated MVEBs are defined for 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
for each county in the Southeast Florida maintenance area. The updated 
budgets for 2005 replace the previous MVEBs contained in the first 
maintenance plan, which were based on an older emissions estimate using 
MOBILE5 emission factors for on-road motor vehicles. Additionally, this 
maintenance plan update provides new MVEBs for the year 2015.
    The availability of the SIP with MVEBs for 2015 was placed on EPA's 
adequacy Web page on January 7, 2003. No request for this SIP submittal 
or adverse comments were received by the end of the public comment 
period on February 7, 2003. In this action, EPA finds the 2015 MVEBs 
adequate for transportation conformity, and is approving the MVEBs for 
2005 and 2015. Note, since the 2005 MVEBs are replacing existing 2005 
MVEBs, these budgets are not subject to EPA's adequacy process. This is 
because EPA generally will not review the adequacy of a budget from a 
submitted SIP that revises an existing approved SIP with budgets for 
the same year and CAA requirement (68 FR 38974).
    Under the CAA, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (e.g. reasonable further progress SIPs and 
attainment demonstration SIPs) and maintenance plans create MVEBs for 
criteria pollutants and/or their precursors to address pollution from 
cars and trucks. The MVEBs are the portion of the total allowable 
emissions that is allocated to highway and transit vehicle use and 
emissions. The MVEBs serve as a ceiling on emissions from an area's 
planned transportation system. The MVEB concept is further explained in 
the preamble to the November 24, 1993, transportation conformity rule 
(58 FR 62188). The preamble also describes how to establish the MVEBs 
in the SIP and revise the MVEBs.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (e.g. be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the national ambient air quality standards. If a transportation plan 
does not ``conform,'' most projects that would expand the capacity of 
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA 
policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEBs contained 
therein are ``adequate'' for use in determining transportation 
conformity. Once EPA affirmatively finds the submitted MVEBs are 
adequate for transportation conformity purposes, that MVEB can be used 
by the State and Federal agencies in determining whether proposed 
transportation projects ``conform'' to the State implementation plan as 
required by section 176(c) of the Clean Air Act. EPA's substantive 
criteria for determining ``adequacy'' of MVEBs are set out in 40 CFR 
93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs is set out in EPA's May 14, 1999 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision''. This guidance is incorporated into EPA's 
June 30, 2003, EPA proposed rulemaking entitled ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes'' (68 FR

[[Page 7131]]

38974). EPA follows this guidance in making its adequacy determination.
    Specific emissions budget is defined for VOC and NOX for 
the Southeast Florida area in the Florida submittal. Pursuant to 40 CFR 
93.124(d), Southeast Florida has elected to allocate subarea budgets 
for each of the counties for the purpose of transportation conformity. 
The specific MVEBs for Dade County in 2005 and 2015 are 74.6 tpd for 
VOC and 127.5 tpd for NOX. Broward County's MVEB for 2005 
and 2015 are 66.1 tpd for VOC and 113 tpd for NOX. Palm 
Beach County's MVEB for 2005 and 2015 are 49.5 tpd for VOC and 84.6 tpd 
for NOX. With this allocation, each county must demonstrate 
conformity to the county-specific subarea budgets. The chart below 
provides a summary of the county-specific subarea budgets.

                                                      MVEB
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                    County                                  Pollutant                  2005            2015
----------------------------------------------------------------------------------------------------------------
Dade..........................................  VOC.............................            74.6            74.6
                                                NOX.............................           127.5           127.5
Broward.......................................  VOC.............................            66.1            66.1
                                                NOX.............................           113.0           113.0
Palm Beach....................................  VOC.............................            49.5            49.5
                                                NOX.............................            84.6            84.6
                                                VOC.............................           190.2           190.2
                                                                                 -----------------
    Total.....................................  NOX.............................           325.1           325.1
----------------------------------------------------------------------------------------------------------------

    The MVEBs are defined for each Southeast Florida county, for 2005 
and 2015, in the State's submittal. The values, for both years, are 
equal to the 2005 on-road mobile source projected level of emissions 
plus a buffer of 25 percent. This buffer, which is an allocation from 
the safety margin, accounts for uncertainty in the projections and is 
available because of significant reductions of VOC and NOX 
that have occurred, and are projected to occur, primarily from mobile 
sources. The MVEBs are constrained in each of the budget years to 
assure that the total emissions (i.e., all source categories) do not 
exceed the 1990 attainment year emissions. In no case are the projected 
total emissions from mobile sources for any year, greater than the 
attainment year emissions totals for either VOC or NOX.
    Under 40 CFR 93.101, the term safety margin is the difference 
between the attainment level (from all sources) and the projected level 
of emissions (from all sources) in the maintenance plan. The attainment 
level of emissions is the level of emissions during one of the years in 
which the area met the air quality health standard. The safety margin 
credit can be allocated to the transportation sector, however the total 
emission level must stay below the attainment level.

                                                 Safety Margins
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                    VOC                       2005    2015                   NOX                   2005    2015
----------------------------------------------------------------------------------------------------------------
                                                      Dade
----------------------------------------------------------------------------------------------------------------
Safety Margin..............................   191.4   208.1  Safety Margin......................    49.4   109.8
Allocation to MVEB.........................    14.9    41.9  Allocation to MVEB.................    25.5    85.4
Remaining Safety Margin after partial         176.5   166.2  Remaining Safety Margin after          23.9    24.4
 allocation.                                                  partial allocation.
--------------------------------------------
                                                     Broward
----------------------------------------------------------------------------------------------------------------
Safety Margin..............................    85     103.7  Safety Margin......................    75.2   126.2
Allocation to MVEB.........................    13.2    37    Allocation to MVEB.................    22.6    75.6
Remaining Safety Margin after partial          71.8    66.7  Remaining Safety Margin after          52.6    50.6
 allocation.                                                  partial allocation.
--------------------------------------------
                                                   Palm Beach
----------------------------------------------------------------------------------------------------------------
Safety Margin..............................    78.6    91.6  Safety Margin......................    20.7    63.1
Allocation to MVEB.........................     9.9    26.7  Allocation to MVEB.................    16.9    55.3
Remaining Safety Margin after partial          68.7    64.9  Remaining Safety Margin after           3.8     7.8
 allocation.                                                  partial allocation.
----------------------------------------------------------------------------------------------------------------

V. Final Action

    EPA is approving the second 10-year update for the Southeast 
Florida area 1-hour ozone maintenance plan. In this action, EPA also 
finds the 2015 MVEBs adequate for transportation conformity purposes 
and is approving the MVEBs for 2005 and 2015. EPA's adequacy 
determination for the 2015 MVEBs is based on EPA's finding that the 
substantive criteria for determining adequacy of a MVEB, under 40 CFR 
93.118(e)(4), have been met. The MVEBs will be available for use upon 
the effective date of this action. The MVEBs, based on the on-road 
mobile sources, are to be used by the local metropolitan planning 
organizations and transportation authorities to assure that 
transportation plans, programs, and projects are consistent with, and 
conform to, the long term maintenance of acceptable air quality in the 
Southeast Florida area.
    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

[[Page 7132]]

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 
April 13, 2004 without further notice unless the Agency receives 
adverse comments by March 15, 2004.
    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 April 13, 2004 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.

VI. 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 April 13, 2004. 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: January 26, 2004.
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 (e), is amended by revising the entry for ``Revision 
to Maintenance Plan for Southeast Florida Area'' to read as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (e) * * *

[[Page 7133]]



                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   State effective                         Federal Register
           Provision                    date          EPA approval date         notice            Explanation
----------------------------------------------------------------------------------------------------------------
Revision to Maintenance Plan     December 20, 2002.  February 13, 2004.  [Insert citation of  10 year update.
 for Southeast Florida Area.                                              publication]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[FR Doc. 04-3074 Filed 2-12-04; 8:45 am]
BILLING CODE 6560-50-P