# Clean Air Act Approval and Promulgation of Emission Statement Implementation Plan for Florida > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-21951 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** September 7, 1994 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [FL-50-1-6198a; FRL-5029-2] Clean Air Act Approval and Promulgation of Emission Statement Implementation Plan for Florida AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The EPA is approving a revision to the State Implementation Plan (SIP) submitted by the State of Florida through the Florida Department of Environmental Protection (FDEP) for the purpose of implementing an emission statement program for stationary sources within the Florida ozone nonattainment areas: Duval County, Miami, and Tampa. The SIP was submitted on January 12, 1993, by the State to satisfy the Federal requirements for an emission statement program as part of the SIP for Florida. DATES: This final rule will be effective November 7, 1994 unless someone submits adverse or critical comments by October 7, 1994. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Written comments should be addressed to: Joey LeVasseur, Regulatory Planning and Development Section, Air Programs Branch, Air, Pesticides & Toxics Management Division, Region IV Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365. Copies of the material submitted by the State of Florida may be examined during normal business hours at the following locations: Air and Radiation Docket and Information Center (Air Docket 6102), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. Environmental Protection Agency, Region IV Air Programs Branch, 345 Courtland Street, NE., Atlanta, Georgia 30365. Air Resources Management Division, Florida Department of Environmental Protection, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning and Development Section, Air Programs Branch, Air, Pesticides & Toxics Management Division, Region IV Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365, The telephone number is 404/347-2864. SUPPLEMENTARY INFORMATION: A SIP revision was submitted by the State of Florida on January 12, 1993, to satisfy the requirements of section 182(a)(B) of the Clean Air Act Amendments of 1990 (CAA) (November 15, 1990). The SIP revision was reviewed by EPA to determine completeness shortly after its submittal, in accordance with the completeness criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57 FR 42216 (August 26, 1991). The submittal was found to be complete and a letter dated May 6, 1993, addressed to Mr. Howard Rhodes, Director, Florida Department of Environmental Protection, was sent to FDEP indicating the submittal was administratively complete. There are several key general and specific components of an acceptable emission statement program. Specifically, the state must submit a revision to its SIP and the emission statement program must meet the minimum requirements for reporting. In general, the program must include, at a minimum, provisions for applicability, compliance, and specific source requirements detailed below. A. SIP Revision Submission. The FDEP submitted the Florida emission statement regulation on January 12, 1993, which meets the emission statement requirement. B. Program Elements. The State emission statement program must, at a minimum, include provisions covering applicability of the regulations, a compliance schedule for sources covered by the regulations, and the specific reporting requirements for sources. The emission statement submitted by the source should contain, at a minimum, a certification that the information is accurate to the best knowledge of the individual certifying the statement. The Florida submittal meets these requirements. C. Applicability. Section 182(a)(3)(B) requires that states with areas designated as nonattainment for ozone require emission statement data from sources of volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the nonattainment areas. This requirement applies to all ozone nonattainment areas, regardless of the classification (Marginal, Moderate, etc.). The states may waive, with EPA approval, the requirement for emission statements for classes or categories of sources with less than 25 tons per year of actual plant-wide NOX or VOC emissions in nonattainment areas if the class or category is included in the base year and periodic inventories and emissions are calculated using emission factors established by EPA (such as those found in EPA publication AP-42) or other methods acceptable to EPA. The Florida submittal waives the emission statement requirement for sources with less than 25 tons per year combined of actual plant-wide NOx and VOC emissions and has included calculations of these emissions in their 1990 Base Year Emission Inventory. Final Action In this action, EPA is approving the Emission Statement SIP revision submitted by the State of Florida through the FDEP on January 12, 1993. This action is being taken without prior proposal because the changes are noncontroversial and EPA anticipates no significant comments on them. The public should be advised that this action will be effective November 7, 1994. However, if adverse or critical comments are received by October 7, 1994, this action will be withdrawn and two subsequent documents will be published before the effective date. One document will withdraw the final action. The second document will be the final rulemaking action which will address the comments received. Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 7, 1994. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).) This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum from Michael Shapiro, Acting Assistant Administrator for Air and Radiation. A future document will inform the general public of these tables. On January 6, 1989, the Office of Management and Budget (OMB) waived Table 2 and 3 SIP revisions from the requirements of section 3 of Executive Order 12291 for 2 years. The EPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the waiver until such time as it rules on EPA's request. This request continues in effect under Executive Order 12866 which superseded Executive Order 12291 on September 30, 1993. Nothing in this action shall be construed as permitting, allowing, or establishing a precedent for any future request for a revision to any SIP. Each request for revision to the SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C 603 and 604. Alternatively, EPA may certify that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000. SIP approvals under section 110 and subchapter I, part D of the CAA do not create any new requirements, but simply approve requirements that the state is already imposing. Therefore, because the Federal SIP- approval does not impose any new requirements, I certify that it does not have a significant impact on small entities. Moreover, due to the nature of the Federal-state relationship under the CAA, preparation of a regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The CAA forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Oxides of nitrogen, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 29, 1994. Joe R. Franzmathes, Acting Regional Administrator. Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows: PART 52--[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42.U.S.C. 7401-7671q. Subpart K--Florida 2. Section 52.520, is amended by adding paragraph (c)(85) to read as follows: Sec. 52.520 Identification of plan. * * * * * (c) * * * (85) Revisions to the State of Florida State Implementation Plan (SIP) concerning emission statements were submitted on January 12, 1993 by the Florida Department of Environmental Protection. (i) Incorporation by reference. (A) Revisions to the following Florida Regulations were effective February 9, 1993. F.A.C. 17-210.100; 17-210.200(47), (49), (52) and (64); 17-210.370; and 17-210.900. (ii) Other material. None. [FR Doc. 94-21951 Filed 9-6-94; 8:45 am] BILLING CODE 6560-50-F --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21951. Public record. Not legal advice.