Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Florida

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FL54-1-6026a; FRL-5089-2]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Florida

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 23, 1993, the State of Florida, through the Florida

Department of Environmental Protection (FDEP), submitted a maintenance

plan and a request to redesignate the Duval County area from

transitional nonattainment to attainment for ozone (O3). The

O3 nonattainment area consists only of Duval County. Under the

Clean Air Act (CAA), designations can be revised if sufficient data are

available to warrant such revisions. In this action, EPA is approving

Florida's request because it meets the maintenance plan and

redesignation requirements set forth in the CAA and EPA is approving

the 1990 base year emissions inventory. The approved maintenance plan

will become a federally enforceable part of the State Implementation

Plan (SIP) for the Duval County nonattainment area.

DATES: This final rule will be effective March 6, 1995 unless adverse

or critical comments are received by February 2, 1995. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments on this action should be addressed to Joey

LeVasseur, at the EPA Regional Office listed below. Copies of the

documents relative to this action are available for public inspection

during normal business hours at the following locations. The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day

.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

404/347-3555 ext. 4215. Reference file FL54-1-6026.

SUPPLEMENTARY INFORMATION: The CAA, as amended in 1977 (1977 Act)

required areas that were designated nonattainment based on a failure to

meet the O3 national ambient air quality standard (NAAQS) to

develop SIPs with sufficient control measures to expeditiously attain

and maintain the standard. Duval County was designated under section

107 of the 1977 Act as nonattainment with respect to the O3 NAAQS

on March 3, 1978. [43 FR 8964, 40 CFR Section 81.310] In accordance

with section 110 of the 1977 Act, the State submitted a part D O3

SIP on April 30, 1979, which was supplemented on August 27, 1979, and

January 23, 1980, which EPA conditionally approved on March 18, 1980,

and fully approved on May 14, 1981, as meeting the requirements of

section 110 and part D of the 1977 Act.

On November 15, 1990, the CAA Amendments of 1990 were enacted (1990

Amendments) [Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.

Secs. 7401-7671q]. The nonattainment designation of Duval County was

continued by operation of law pursuant to section 107(d)(1)(C)(i) of

the 1990 Amendments. Furthermore, it was classified by operation of law

as transitional for O3 according to section 181(a)(1). (See 56 FR

56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40

CFR 81.310.)

Duval County more recently has ambient monitoring data that show no

violations of the O3 NAAQS, during the period from 1987 through

1993. In addition, there have been no exceedences reported for the 1994

O3 season, to date. Therefore, in an effort to comply with the

amended CAA and to ensure continued attainment of the NAAQS, Florida

submitted an O3 maintenance SIP for the Duval County area on June

23, 1993, and a supplemental revision on August 23, 1994. Florida also

requested redesignation of the area to attainment with respect to the

O3 NAAQS.

The 1990 Amendments revised section 107(d)(1)(E) to provide five

specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment.

1. The area must have attained the applicable NAAQS;

2. The area must meet all relevant requirements under section 110

and part D of the CAA; [[Page 42]]

3. The area must have a fully approved SIP under section 110(k) of

the CAA;

4. The air quality improvement must be permanent and enforceable;

and

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA;

The Florida redesignation request for the Duval County area meets

the five requirements of section 107(d)(3)(E), noted above. The

following is a brief description of how the State has fulfilled each of

these requirements. Because the maintenance plan is a critical element

of the redesignation request, EPA will discuss its evaluation of the

maintenance plan under its analysis of the redesignation request.

1. Attainment of the O3 NAAQS

The Florida request is based on an analysis of quality assured

O3 air quality data which is relevant to the maintenance plan and

to the redesignation request. The ambient air O3 monitoring data

for calendar year 1987 through calendar year 1989 show an expected

exceedence rate for the O3 standard of less than 1.0 per year of

the O3 NAAQS in the Duval County area, resulting in a

classification of transitional. The most recent ambient O3 data

for the calendar year 1991 through 1993 continued to show an expected

exceedence rate of less than 1.0 per year of the O3 NAAQS in the

Duval County area. (See 40 CFR 50.9 and appendix H). Because the Duval

County area has complete quality-assured data showing no violations of

the standard over the most recent consecutive three calendar year

period, the Duval County area has met the first statutory criterion of

attainment of the O3 NAAQS. In addition, there have been no

ambient air exceedences to date in 1994 for O3. Florida has

committed to continue monitoring in this area in accordance with 40 CFR

part 58.

2. Meeting Applicable Requirements of Section 110 and Part D

On May 14, 1981, EPA fully approved Florida's SIP for the Duval

County area as meeting the requirements of section 110(a)(2) and part D

of the 1977 Act (46 FR 26640). The 1990 Amendments, however, modified

section 110(a)(2) and, under part D, revised section 172 and added new

requirements for all nonattainment areas. Therefore, for purposes of

redesignation, to meet the requirement that the SIP contain all

applicable requirements under the Act, EPA has reviewed the SIP to

ensure that it contains all measures that were due under the 1990

Amendments prior to or at the time the State submitted its

redesignation request.

A. Section 110 Requirements

Although section 110 was amended by the 1990 Amendments, the Duval

County SIP meets the requirements of amended section 110(a)(2). A

number of the requirements did not change in substance and, therefore,

EPA believes that the pre-amendment SIP met these requirements. As to

those requirements that were amended, (see 57 FR 27936 and 23939, June

23, 1993), many are duplicative of other requirements of the Act. EPA

has analyzed the SIP and determined that it is consistent with the

requirements of amended section 110(a)(2).

B. Part D Requirements

Before Duval County may be redesignated to attainment, it also must

have fulfilled the applicable requirements of part D. Under part D, an

area's classification indicates the requirements to which it will be

subject. Subpart 1 of part D sets forth the basic nonattainment

requirements applicable to all nonattainment areas, classified as well

as nonclassifiable. Subpart 2 of part D establishes additional

requirements for nonattainment areas classified under table 1 of

section 181(a) or table 3 of section 186(a). Subpart 2 requirements,

however, are not applicable to transitional areas. The Duval County

area was classified as transitional (See 56 FR 56694, codified at 40

CFR Sec. 81.530). Therefore, in order to be redesignated to attainment,

the State must meet the applicable requirements of subpart 1 of part D,

specifically sections 172(c) and 176, and is not subject to the

requirements of subpart 2 of part D. EPA interprets section

107(d)(3)(E)(v) to mean that, for a redesignation request to be

approved, the State must have met all requirements that became

applicable to the subject area prior to or at the time of the

submission of the redesignation request. Requirements of the Act that

come due subsequent to the submission of the redesignation request

continue to be applicable to the area (see section 175A(c)) and, if the

redesignation is disapproved, the state remains obligated to fulfill

those requirements.

With the exception of the RACT requirement, for transitional

O3 nonattainment areas that attained the standard as of December

31, 1991, EPA has not determined that the section 172(c) requirements

were applicable prior to November 15, 1993. Thus, no section 172(c)

requirements other than the RACT requirement are applicable

requirements for purposes of this redesignation. For RACT, EPA has

stated that transitional ozone nonattainment areas must correct any

enforceability deficiencies in their existing RACT rules prior to being

redesignated to attainment. The State corrected all identified

deficiencies in the State RACT regulations. The regulations apply in

Duval County.

Section 176(c) of the Act requires states to revise their SIPs to

establish criteria and procedures to ensure that Federal actions,

before they are taken, conform to the air quality planning goals in the

applicable state SIP. The requirement to determine conformity applies

to transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. of the Federal Transit Act

(``transportation conformity''), as well as to all other Federal

Actions (``general conformity''). Section 176 further provides that the

conformity revisions to be submitted by States must be consistent with

Federal conformity regulations that the Act required EPA to promulgate.

Congress provided for the State revisions to be submitted one year

after the date for promulgation of final EPA conformity regulations.

When that date passed without such promulgation, USEPA's General

Preamble for the Implementation of Title I informed States that its

conformity regulations would establish a submittal date [see 57 FR

13498, 13557 (April 16, 1992)].

The USEPA promulgated final transportation conformity regulations

on November 24, 1993 (58 FR 62188) and general conformity regulations

on November 30, 1993 (58 FR 63214). These conformity rules require that

States adopt both transportation and general conformity provisions in

the SIP for areas designated nonattainment or subject to a maintenance

plan approved under CAA section 1775A. Pursuant to section 51.396 of

the transportation conformity rule and section 51.851 of the general

conformity rule, the State of Florida is required to submit a SIP

revision containing transportation conformity criteria and procedures

consistent with those established in the Federal rule by November 25,

1994. Similarly, Florida is required to submit a SIP revision

containing general conformity criteria and procedures consistent with

those established in the Federal rule by December 1, 1994. Because the

deadlines for these submittals have not yet come due, they are not

applicable requirements under section 107(d)(3)(E)(v) and, thus, do not

affect approval of this redesignation request.

[[Page 43]]

3. Fully Approved SIP Under Section 110(k) of the CAA

Based on the approval of provisions under the pre-amended CAA and

EPA's prior approval of SIP revisions under the 1990 Amendments, EPA

has determined that the Duval County area has a fully approved SIP

under section 110(k), which also meets the applicable requirements of

section 110 and part D as discussed above.

4. Improvement in Air Quality Due to Permanent and Enforceable

Measures

Under the pre-amended CAA, EPA approved the Florida SIP control

strategy for the Duval County nonattainment area, satisfied that the

rules and the emission reductions achieved as a result of those rules

were enforceable. The control measures to which the emission reductions

are attributed are volatile organic compound (VOC) reasonably available

control technology (RACT) regulations, Stage I vapor recovery

provisions, Federal Motor Vehicle Control Program (FMVCP), and lower

Reid Vapor Pressure (RVP). RACT regulations reduced VOC emissions from

those sources subject to RACT by 28% from 1977 through 1990. Stage I

controls applicable to gasoline stations previously not subject to

regulations reduced VOC emissions from those sources by 82% from 1981

through 1990. The FMVCP reduced VOC emissions from motor vehicles by

31.82% from 1985 to 1992. The reduction in RVP from 11.5 psi in 1985 to

7.8 psi in 1992 has reduced summertime VOC mobile source emissions by

25.36%.

In association with its emission inventory discussed below, the

State of Florida has demonstrated that actual enforceable emission

reductions are responsible for the air quality improvement and that the

VOC emissions in the base year are not artificially low due to local

economic downturn. EPA finds that the combination of existing EPA-

approved state and federal measures contribute to the permanence and

enforceability of reduction in ambient O3 levels that have allowed

the area to attain the NAAQS.

5. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least ten years after the Administrator approves a redesignation

to attainment. Eight years after the redesignation, the state must

submit a revised maintenance plan which demonstrates attainment for the

ten years following the initial ten-year period. To provide for the

possibility of future NAAQS violations, the maintenance plan must

contain contingency measures, with a schedule for implementation,

adequate to assure prompt correction of any air quality problems. In

this notice, EPA is approving the State of Florida's maintenance plan

for the Duval County area because EPA finds that Florida's submittal

meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

On November 16, 1992, the State of Florida submitted comprehensive

inventories of VOCs, nitrogen oxides (NOX), and carbon monoxide

(CO) emissions from the Duval County area. The inventories include

biogenic, area, stationary, and mobile sources using 1990 as the base

year for calculations to demonstrate maintenance. The 1990 inventory is

considered representative of attainment conditions because the NAAQS

was not violated during 1990. This inventory is being approved in this

notice.

The State submittal contains the detailed inventory data and

summaries by county and source category. The comprehensive base year

emissions inventory was submitted in the NEDS format. Finally, this

inventory was prepared in accordance with EPA guidance. It also

contains summary tables of the base year and projected maintenance year

inventories. EPA's TSD contains more in-depth details regarding the

base year inventory for the Duval County area.

VOC Emissions Inventory Summary

[Tons per day]

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1990 1994 1997 2000 2005

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Stationary point............................... 15.60 17.01 18.14 19.20 20.87

Stationary area................................ 51.25 46.00 44.65 45.71 39.24

Highway mobile................................. 82.49 54.24 51.10 49.09 48.33

Non-Highway mobile............................. 24.63 26.36 27.22 29.10 29.41

Biogenic....................................... 45.53 45.53 45.53 45.53 45.53

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Total...................................... 219.50 189.14 186.64 188.63 183.38

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NOX Emissions Inventory Summary

[Tons per day]

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1990 1994 1997 2000 2005

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Stationary point............................... 101.16 103.21 103.47 105.95 108.87

Stationary area................................ 8.37 12.54 13.03 13.72 14.67

On-Road mobile................................. 61.40 60.60 59.92 58.91 59.11

Non-Road mobile................................ 21.07 21.71 22.26 22.83 23.74

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Total...................................... 192.00 198.06 198.68 201.41 206.39

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CO Emissions Inventory Summary

[Tons per day]

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1990

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Stationary point............................................... 30.6

Stationary area................................................ 7.6

On-Road mobile................................................. 452.7

Non-Road mobile................................................ 155.3

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Total...................................................... 646.2

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B. Demonstration of Maintenance--Projected Inventories

Total VOC and NOX emissions were projected from 1990 base year

out to 2005, with interim years of 1994, 1997, and 2000. These

projected inventories were prepared in accordance with EPA guidance.

The projections show that VOC emissions are expected to decrease 36.12

tons or 16.5% from the level of the base year inventory during this

time period. The NOX emissions do show a slight increase of 14.39

tons or 7.5% from 1990 to 2005, but the total precursors of ozone

decrease from 411.5 tons to 389.77 tons for a reduction by 21.73 tons

or 5.3%. Duval County attained the NAAQS through a VOC control

strategy.

The Empirical Kinetics Modeling Approach (EKMA) was used to

demonstrate the impact of NOX emission increases on maximum ozone

formation. The EKMA analysis showed that the projected future mix of

emissions will not cause a violation of the NAAQS. EPA EKMA guidance

documents were used in developing model inputs. The model was run using

1987 meteorological conditions and monitored ozone, NOX and

nonmethane organic compound (NMOC) concentration data for July 10,

1987, and was run in the EKMA calculate mode. This day had an observed

ozone maximum concentration of 0.118 parts per million (ppm). The

monitored NMOC/NOX ratio of 4.13 was used as input. The model was

run five times using the following mix of emissions:

(1) 1990 VOC and NOX emissions (base case);

(2) base case with 7.5% increased NOX;

(3) base case with 15% increased NOX;

(4) base case with 30% increased NOX; and

(5) base case with 7.5% increased NOX and 16% NMOC

reductions). The EKMA predicted an ozone maximum of 0.097 ppm using the

1990 base case emissions. This model concentration under-predicted the

observed ozone maximum (0.118 ppm) by 18%.

The model output indicated a continual decrease in the maximum

model-predicted ozone with each increase in NOX emissions over the

1990 base case inventory (see table). Additionally, the modeling

indicated that the mix of emissions as indicated in the 2005 inventory

(16% VOC reductions and 7.5% NOX increase over the 1990 inventory)

produced lower ozone levels than the base case. Thus, the analysis

indicates that, not withstanding the projected increase in NOX

emissions, the Jacksonville area should continue to maintain the

standard throughout the maintenance period.

July 10:

Base case: 0.09744 ppm

Base case +7.5% NOX: 0.09624 ppm

Base case +15% NOX: 0.09512 ppm

Base case +30% NOX: 0.09287 ppm

Base case -16% NMOC + 7.5% NOX: 0.09459 ppm

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the Duval County area

depends, in part, on the State's efforts toward tracking indicators of

continued attainment during the maintenance period. The State has also

committed to submitting periodic inventories of VOC and NOX

emissions every three years. Duval County's contingency plan is

triggered by two indicators, a violation of the O3 NAAQS or a

periodic inventory update that shows emissions of VOCs have increased

by at least five percent above the 1990 levels.

D. Contingency Plan

The level of VOC emissions in the Duval County area will largely

determine its ability to stay in compliance with the O3 NAAQS in

the future. Despite the State's best efforts to demonstrate continued

compliance with the NAAQS, the ambient air pollutant concentrations may

exceed or violate the NAAQS. Therefore, Florida has provided

contingency measures with a schedule for implementation in the event of

a future O3 air quality problem. In the case of a violation of the

O3 NAAQS, the plan contains a contingency to implement additional

control measures such as reinstatement of NSR, less volatile or

reformulated gasoline, NOX Reasonable Available Control Technology

(RACT), Stage II vapor recovery, expansion of control strategies to

adjacent counties for VOC and/or NOX and to new control technique

guidelines (CTG) categories, and an enhanced vehicle emissions

inspection program. The plan also contains a secondary trigger that

will apply where no actual violation of the NAAQS has occurred. This

trigger occurs if a periodic inventory update shows emissions of VOCs

have increased by five percent above the 1990 levels. On the occurrence

of the secondary trigger, the State will complete an evaluation within

six months to determine the most cost-effective means for lowering VOC

emissions to the 1990 levels. A complete description of these

contingency measures and their triggers can be found in the State's

submittal. EPA finds that the contingency measures provided in the

State submittal meet the requirements of section 175A(d) of the CAA.

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State has agreed

to submit a revised maintenance SIP eight years after the area is

redesignated to attainment. Such revised SIP will provide for

maintenance for an additional ten years.

Final Action

In this action, EPA is approving the Duval County O3

maintenance plan because it meets the requirements of section 175A. EPA

is also approving the 1990 base year inventory summary. In addition,

the EPA is approving the request and redesignating the Duval County

area to attainment, because the State has demonstrated compliance with

the requirements of section 107(d)(3)(E) for redesignation. The EPA is

publishing this action without prior proposal because the EPA 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

March 6, 1995 unless, within 30 days of its publication, 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 March 6, 1995.

The O3 SIP is designed to satisfy the requirements of part D

of the CAA and to provide for attainment and maintenance of the O3

NAAQS. This final redesignation should not be [[Page 45]] interpreted

as authorizing the State to delete, alter, or rescind any of the VOC or

NOX emission limitations and restrictions contained in the

approved O3 SIP. Changes to O3 SIP VOC regulations rendering

them less stringent than those contained in the EPA approved plan

cannot be made unless a revised plan for attainment and maintenance is

submitted to and approved by EPA. Unauthorized relaxations, deletions,

and changes could result in both a finding of non-implementation

[section 173(b) of the CAA] and in a SIP deficiency call made pursuant

to section 110(a)(2)(H) of the CAA.

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 March 6,

1995. 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).]

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. Section 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 sections 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).

The Office of Management and Budget has exempted this rule from the

requirements of section 3 of Executive Order 12291.

List of Subjects

40 CFR Part 52

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, and Ozone.

40 CFR Part 81

Air pollution control, National parks, and Wilderness areas.

Dated: September 28, 1994.

Joe R. Franzmathes,

Acting Regional Administrator.

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)(81) to read

as follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(81) The maintenance plan for Duval County submitted by the Florida

Department of Environmental Protection on June 23, 1993, as part of the

Florida SIP.

(i) Incorporation by reference.

(A) Duval County Ozone Ten Year Maintenance Plan including

Emissions Inventory Summary and Projections effective on August 23,

1994.

(ii) Other material. None.

* * * * *

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671.

Subpart C--Section 107 Attainment Status Designations

2. In Sec. 81.310 the attainment status table for ``Florida-Ozone''

is amended by removing the entire entry for ``Jacksonville Area Duval

County'' and adding a new entry in alphabetical order under the heading

``Rest of State'' to read as follows:

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Designation Classification

Designated area ------------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

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* * * * * *

*

Duval County......... March 6, 1995....... ..................... ..................... .....................

* * * * * *

*

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\1\This date is November 15, 1990, unless otherwise noted.

[[Page 46]] [FR Doc. 94-32234 Filed 12-30-94; 8:45 am]

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