[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5928-5930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2072]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-87; FL-89-200501, FRL-7869-2]


Approval and Promulgation of Implementation Plans; Florida: 
Citrus Juice Processing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final conditional approval.

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SUMMARY: The EPA is conditionally approving a revision to the Florida 
State Implementation Plan (SIP) consisting of a new Florida statute and 
implementing regulations that set emission limits for existing and new 
equipment at existing citrus juice processing facilities in Florida. 
This approval is conditioned upon a commitment from the State to adopt 
specific enforceable measures, as stated in the proposed rule published 
January 30, 2004 (69 FR 4459), within one year from the effective date 
of this rule. If the State fails to meet its commitment by adopting and 
submitting to EPA the necessary revisions within the one-year period, 
the approval is treated as a disapproval.

DATES: Effective Date: This rule will be effective March 7, 2005.

ADDRESSES: EPA has established a docket for this action under Docket 
Control No. FL-87 and FL-89. Some information may not be publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Publicly available docket materials are 
available at the Air Permits 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 you contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section to schedule your inspection. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays. Copies of the State submittal 
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, 2600 
Blair Stone Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Fortin, Air Permits Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9117. 
Ms. Fortin can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Today's Action

    Today's action is a conditional approval under section 110(k)(4) of 
the Clean Air Act (CAA). EPA may conditionally approve a plan based on 
a commitment from the State to adopt specific enforceable measures 
within one year from the effective date of final conditional approval. 
Because the revisions would materially alter the existing SIP approved 
rule, the State must make a SIP submittal. If the State fails to adopt 
and submit the specified measures by the end of one year from the 
effective date of this conditional approval, or fails to make a 
submittal, EPA will issue a finding of disapproval. If EPA determines 
that the rule with the specified measures is approvable, EPA will 
propose approval of the rule in the Federal Register. EPA will 
conditionally approve a certain rule only once.

II. Background

    EPA is taking this action in response to a request from the Florida 
Department of Environmental Protection (FDEP) to revise Florida's SIP 
and Title V operating permit program to include an alternative 
regulatory program for citrus juice processing facilities. FDEP's 
complete submittal, received by EPA on July 29, 2002, includes a new 
citrus statute (Florida Statute 403.08725), which the State adopted in 
July 2000 and amended on June 12, 2003, as well as draft implementing 
regulations and supporting material. FDEP formally adopted these 
implementing regulations in December 2002. 62-210.340 F.A.C. FDEP also 
requested that the statute and regulation be considered by EPA pursuant 
to the Joint EPA/State Agreement to Pursue Regulatory Innovation 
between EPA and the Environmental Council of the States (``ECOS''). 63 
FR 24784. After a detailed review, EPA responded to FDEP with letters, 
dated September 18, 2002, and April 24, 2003, listing several changes 
to the program that must be made in order for EPA to incorporate the 
program into the Florida SIP. On January 31, 2003, FDEP made a 
supplemental submittal outlining their intent to make necessary 
statutory and regulatory revisions to the program. In a Federal 
Register notice published on January 30, 2004, EPA requested comment on 
a proposal to conditionally approve the proposed changes to the Florida 
SIP. The Federal Register notice described the proposed program and 
identified specific deficiencies that EPA has determined must be 
corrected in order for EPA to approve the program as part of the 
Florida SIP. You may access this notice and the January 30, 2004 
Federal Register document electronically at http://www.regulations.gov. 
No comments were received by EPA during the 30 day public comment 
period.
    The proposed program requires the existing juice processing 
facilities in Florida to comply with specified terms in the statute 
when they construct, operate, and modify air emissions units. For some 
units these conditions are different from those required by the 
conventional construction and operating permit requirements required by 
the SIP-approved Florida regulations that currently apply to citrus 
juice processing facilities. The statute requires a 65 percent recovery 
(50 percent the first year) of d-limonene oil from peel processed 
through the peel dryer. This reduction will decrease emissions of 
volatile organic compounds (VOC) from these facilities by approximately 
38 percent. The citrus facilities can comply with the VOC emission 
limitations through a combination of emission controls, pollution 
prevention, and emission credits that can be generated through over-
control of the juice processing facilities. The statute includes 
requirements for emissions of VOC, nitrogen oxides (NOX), 
sulfur dioxide (SO2), and particulate matter (PM), for 
existing units and for new units. New

[[Page 5929]]

units include units that are modified or are relocated. The program 
also incorporates all applicable federal standards (such as maximum 
achievable control technology (MACT) for hazardous air pollutants and 
New Source Performance Standards (NSPS)). The statute and implementing 
regulations will be considered a general permit for the purpose of 
Title V of the CAA. Further details regarding the program can be found 
in EPA's January 30, 2004 Federal Register notice and in the public 
docket referenced above.
    Today's approval is conditioned upon FDEP making specific changes 
to the State statute and regulations. FDEP will have one year from the 
effective date of this conditional approval to complete and submit to 
EPA the necessary program revisions. After EPA receives the State's 
submittal, EPA will review the changes to ensure that they remedy the 
deficiencies identified in the January 30, 2004 notice. These 
deficiencies relate to: the allowable fuel sulfur content; PM-10 
emissions; a maximum production limit; regulated and toxic air 
pollutants; public petitions and judicial review; performance measures; 
and program review. If EPA believes these changes are approvable, EPA 
will publish a proposed action to approve the SIP and Title V 
revisions, again soliciting public comment. The Florida statute 
previously provided that it would expire if EPA did not approve the 
program as revisions to Florida's SIP and Title V program by January 
31, 2005, and that in that event, the applicable requirements would 
revert back to those of the conventional permitting programs. However, 
the statutory ``sunset'' date has been extended to July 1, 2005 (F.S. 
403.08725, as amended 5/28/04).

III. Final Action

    EPA is conditionally approving the Florida SIP revision consisting 
of an innovative strategy to create an alternative program for 
regulating the existing citrus juice industry, which was submitted on 
January 30, 2001, with additional material submitted on July 16, 2002 
and January 31, 2003, with the condition that Florida correct the 
deficiencies described in our January 30, 2004 action (69 FR 4459). EPA 
is taking this action pursuant to our authority in section 110(k)4 of 
the CAA.

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 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 CAA. 
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 CAA. 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 CAA. 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 amended 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 5, 2005. 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: January 25, 2005.
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. A new Sec.  52.519 is added to read as follows:

[[Page 5930]]

Sec.  52.519  Identification of plan-conditional approval.

    EPA is conditionally approving a revision to the Florida State 
Implementation Plan (SIP) consisting of a new citrus statute (Florida 
Statute 403.08725), as well as implementing regulations (62-210.340 
F.A.C.) based upon a commitment from the State to adopt specific 
enforceable measures by March 7, 2006. If the State fails to meet its 
commitment by March 7, 2006, the approval is treated as a disapproval.

[FR Doc. 05-2072 Filed 2-3-05; 8:45 am]
BILLING CODE 6560-50-P