Approval and Promulgation of Implementation Plans, Florida: Approval of Addition to the Florida Administrative Code Chapters 17-296 and 17-297, Soil Thermal Treatment Facilities and Recodification of the Florida Administrative Code 17-2

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-047-1-5929a, 052-1-5922a; FRL-5051-3]

Approval and Promulgation of Implementation Plans, Florida:

Approval of Addition to the Florida Administrative Code Chapters 17-296

and 17-297, Soil Thermal Treatment Facilities and Recodification of the

Florida Administrative Code 17-2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 23, 1992, the State of Florida through the Florida

Department of Environmental Regulation (FDER) submitted revision to the

Florida Administrative Code (F.A.C.), chapters 17-296 and 17-297, Soil

Thermal Treatment. This revision restricts soil thermal treatment

facilities to process contaminated soil as defined in chapter 17-775,

F.A.C., Soil Thermal Treatment Facilities. Additionally, on January 11,

1993, the recodification of the F.A.C., 17-2, was submitted to EPA.

This recodification merely renumbers the Florida State Implementation

Plan (SIP) to match the F.A.C. numbering system.

DATES: This final rule is effective December 19, 1994 unless someone

submits adverse or critical comments by November 21, 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:

Soil Thermal Treatment Facilities

Soil thermal treatment facilities in Florida had been regulated by

evolving FDER guidance which originally allowed asphalt plants to treat

contaminated soil. Previously, the FDER's guidance set a particulate

matter (PM) emission standard of 0.08 grains per dry standard cubic

foot corrected to 50 percent excess air (gr/dscf @ 50% EA), which

required a minimum of 95 percent destruction of the volatile organic

compounds (VOC), and fugitive dust to be controlled through wetting of

the soil. This emission standard limited the amount of toxic chemicals

emitted through the destruction of VOC's to ensure that such emissions

were considered safe for the public. At this time, there are 9

stationary and 20 mobile soil thermal treatment facilities with valid

FDER construction or operation permits.

Because of regulatory inconsistency within the FDER guidance, a

financial disadvantage was caused on the facilities equipped with

afterburners, due to the cost of purchasing and operating air pollution

control equipment. In addition, the facilities operating without

afterburners emit excessive amounts of VOC and toxic compounds. To

correct this situation the FDER initiated rulemaking for these soil

thermal treatment facilities. This rule revision adds specific air

pollution control and performance standards to replace the guidance

that was being used by the FDER as follows. The F.A.C., chapters 17-296

and 17-297, Soil Thermal Treatment rule restricts soil thermal

treatment facilities to process contaminated soil as defined in chapter

17-775, F.A.C., Soil Thermal Treatment Facilities. Petroleum

contaminants in the soil that may be treated in these facilities are

all forms of gasoline, diesel fuel, jet fuel, kerosene, grades 2

through 6 fuel oils, crude oil, bunker C oil, residual oil, as well as

nonhazardous petroleum-based lubricating, mineral and hydraulic oils

containing no polychlorinated biphenyls (PCBs). None of these petroleum

products are classified as hazardous waste. The rule revises the

particulate matter emission standard contained in the guidance to 0.04

grains per dry standard cubic foot. It requires volatile organic

compounds from the soil to be exposed to a minimum temperature of 1,500

degrees Fahrenheit for a minimum length of one second. The rule also

contains a 100 parts per million, by volume, dry basis, emission

standard for carbon monoxide and requires wetting or containment of the

treated soil to control fugitive dust.

EPA has evaluated the FDER's Soil Thermal Treatment Facilities rule

for consistency with the Clean Air Act, EPA regulations, and EPA

policy, and has found that these submitted rules serve to strengthen

the Florida SIP. The addition of the State of Florida's Soil Thermal

Treatment Facilities rule in the Florida SIP will result in emissions

reductions by controlling soil thermal treatment facilities which emit

VOC's and toxic air contaminants.

Recodification

On January 11, 1993, the State of Florida through the FDER

submitted a recodification of the F.A.C., chapter 17-2. These rules

were approved into the SIP in previous rulemakings. The EPA is now

merely approving the recodification to make the SIP consistent with the

numbering system currently used by the F.A.C.

EPA has not reviewed the substance of the recodified regulations at

this time. These rules were approved into the SIP in previous

rulemakings. The EPA is now merely approving the renumbering system

submitted by FDER. The EPA's approval of the renumbering system, at

this time, does not imply any position with respect to the

approvability of the substantive rules. To the extent EPA has issued

any SIP calls to the State with respect to the adequacy of any of the

rules subject to this recodification, EPA will continue to require the

State to correct any such rule deficiencies despite EPA's approval of

this recodification.

Final Action

In this action, EPA is approving the above referenced revisions to

the Florida SIP. The revisions are consistent with EPA policy. 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 19, 1994, unless, by November 21, 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 19, 1994.

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 December 19, 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 3 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 Table 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. section

7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: July 27, 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. 7401-7671q.

Subpart K--Florida

2. Section 52.520 is amended by adding paragraph (c)(78) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(78) State Implementation Plan for chapters 17-296, and 17-297,

Soil Thermal Treatment and Recodification of the Florida Administrative

Code, chapter 17-2, Air Pollution, submitted by the Department of

Environmental Regulation on November 23, 1992, and January 11, 1993,

respectively.

(i) Incorporation by reference.

(A) The following chapters of the Florida Administrative Code,

effective October 15, 1992:

(1) 17-209, Local Air Pollution Programs,

(2) 17-210, Stationary Sources General Requirements,

(3) 17-212, Preconstruction Review,

(4) 17-252, Gasoline Vapor Control,

(5) 17-272, Ambient Air Quality Standards,

(6) 17-273, Air Pollution Episodes,

(7) 17-275, Air Quality Areas,

(8) 17-296, Stationary Sources--Emission Standards,

(9) 17-297, Stationary Sources--Emission Monitoring.

(B) Revisions to the following Florida Administrative Code:

Chapters 17-296.200(162), 17-296.415, table 297.330-1: entry 17-

296.415, 17-297.500(6), Soil Thermal Treatment, effective November 17,

1992.

(ii) Other material. None.

[FR Doc. 94-25972 Filed 10-19-94; 8:45 am]

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