Approval and Promulgation of Implementation Plans State: Approval of Revisions to Florida Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL09049091095818a; FRL095067092]

Approval and Promulgation of Implementation Plans State: Approval

of Revisions to Florida Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation

Plan (SIP). These revisions were submitted to EPA through the Florida

Department of Environmental Protection (FDEP) on January 8, 1993. The

revisions correct minor deficiencies in the Motor Vehicle Inspection

Program (MVIP) and revise the air quality classifications to coincide

with the 1990 Clean Air Act Amendments in Florida's SIP. This plan has

been submitted by the FDEP as an integral part of the program to

achieve and maintain the National Ambient Air Quality Standards (NAAQS)

for ozone, carbon dioxide, and nitrogen dioxide. These regulations meet

all of the requirements and therefore EPA is approving the SIP

revisions.

DATES: This direct final rule will be effective December 12, 1994,

unless adverse or critical comments are received by November 10, 1994.

If the effective date is delayed, timely notice will be published in

the Federal Register

ADDRESSES: Written comments should be addressed to: Alan Powell,

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 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.

Florida Department of Environmental Protection, Twin Towers Office

Building, 2600 Blair Stone Road, Tallahassee, Florida 32399092400.

FOR FURTHER INFORMATION CONTACT: Alan Powell, 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 404/347092864. Reference file FL0491095818.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed

into law the Clean Air Act Amendments of 1990. The Clean Air Act as

amended in 1990 (CAA) includes new requirements for the improvement of

air quality in ozone nonattainment areas. Under section 181(a) of the

CAA, nonattainment areas were categorized by the severity of the ozone

problem, and progressively more stringent control measures were

required for each category of higher ozone concentrations. The basis

for classifying an area in a specific category was based on the ambient

air quality data obtained in the three year period 1987091989. The

Jacksonville area (Duval County) was classified as transitional because

it did not have any ozone violations; the Tampa/St. Petersburg

(Hillsborough and Pinellas counties) area was classified as a marginal

ozone nonattainment area, and the South Florida (Broward, Palm Beach,

and Dade counties) area was classified as a moderate ozone

nonattainment area. The CAA delineates the SIP requirements for ozone

nonattainment areas based on their classifications in section 182.

On January 8, 1993, Florida through the FDEP submitted a revision

to the Florida SIP that made minor corrections to the emissions testing

program and revised the air quality classifications to coincide with

the CAA. The revisions address requirements of section 182 of the CAA.

Rule 1709242, Motor Vehicles Emissions Standards and Test

Procedures

The regulation for this rule was originally approved March 3, 1992

(57 FR 7550). The revisions to this rule address several minor problems

which have arisen during the first years of operation of the MVIP.

Specifically, definitions have been changed to correct some ambiguity

in testing requirements, and the pass/fail criteria for emissions

testing are amended to test based on vehicle weight only instead of

vehicle body type. The latter change was made to make the testing

criteria consistent with the vehicle registration databases. The

regulation also shortens the equipment calibration requirement time

frame from 7 days to 72 hours and establishes specific training

requirements for vehicle emissions inspectors. The Florida I/M

regulation meets all of the pre-enactment guidance as required by

section 182(a)(2)(b) of the CAA.

Rule 1709275, Air Quality Areas

These changes coincide with the 1990 Clean Air Act Amendments

definition for nonattainment areas. The rule specifies current ozone

nonattainment areas and outlines redesignation procedures. These

changes reaffirm EPA's promulgation of designations and classifications

for areas of the country with respect to the NAAQS for ozone, CO,

PM0910 and lead in accordance with the requirements of the CAA (56 FR

56694, November 16, 1991).

Final Action

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective December 12, 1994, unless by November 11, 1994, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective December 12, 1994.

The Agency has reviewed this request for revision of the federally-

approved state implementation plan for conformance with the provisions

of the 1990 Clean Air Act Amendments enacted on November 15, 1990. The

Agency has determined that this action conforms with those

requirements.

Under section 307(b)(1) of the Act, 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 December

12, 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 Act, 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 2214092225), 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 two 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 or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan 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 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 any small entities affected. 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, 2560966 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Dated: August 22, 1994.

Patrick M. Tobin,

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. 7401097671q.

Subpart K--Florida

2. Section 52.520 is amended by adding paragraph (c)(84) to read as

follows:

Sec. 1A52.520 Identification of plan.

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(c) ***

(84) Revisions to Florida Administrative Code Chapters 1709242 and

1709275 which were effective February 2, 1993.

(i) Incorporation by reference.

(A) Revisions to Florida Administrative Code 1709242 and 1709275

which were effective February 2, 1993.17.242.200(2), (16), (22),

(250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5)

introductory text and (5)(a);1709242.500(1)(a-b), (3)(b)1.;

1709242.600(2), (3) introductory text, (3)(a)1., (3)(a)7., (3)(c),

(5)(d); 1709242.700 (4) introductory text, (4)(a), (4)(c-d), (5);

1709242.800(1), 1709242.900(1)(b), (2), (3)(c), (4); 1709275.100;

1709275.200 introductory text, (15), (170918); 275.300(1)(c), (3)

introductory text,(3)(a), (3)(b)introductory text, (3) introductory

text, (3)(b) introductory text, (3)(b)2. introductory text, (3)(b)2.b.-

c., (3)(b)3. introductory text, (3)(b)3.a.; 17.275.400(2095);

1709275.410(1093),(6); 1709275.420(1);1709275.600(1),(2) introductory

text, (2)(b-c)

(ii) Other material. None.

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[FR Doc. 94-25075 Filed 10-7-94; 8:45 am]

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