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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-051-5819; FRL-4851-6]

Approval and Promulgation of Implementation Plans Florida:

Approval of Revisions to Florida Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation

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

Florida Department of Environmental Regulation (FDER) on January 8,

1993, and revise regulations for Stage I vapor recovery (Stage I) in

Florida's SIP and add regulations pertaining to Stage II vapor recovery

(Stage II). This plan has been submitted by the FDER to satisfy the

requirement of section 182(b)(3) of the 1990 Clean Air Act, which

requires all ozone nonattainment areas classified as moderate or above

to require owners and operators of gasoline dispensing facilities to

install and operate Stage II vapor recovery systems. FDER has also

submitted this plan as an integral part of the program to achieve and

maintain the National Ambient Air Quality Standards (NAAQS) for ozone,

carbon monoxide and nitrogen dioxide. EPA proposed approval of these

revisions on December 14, 1993, (58 FR 65307), and no comments were

received. These regulations meet all of EPA's requirements for Stage II

programs and therefore EPA is approving the SIP revisions.

EFFECTIVE DATE: This final rule will be effective April 25, 1994.

ADDRESSES: Copies of the material submitted by Florida may be examined

during normal business hours at the following locations:

Region IV Air Programs Branch, Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Florida Department of Environmental Protection, Twin Towers Office

Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

Environmental Protection Agency, Air Docket, 6102, 401 M Street,

SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Alan W. Powell of the EPA Region IV

Air Programs Branch at (404) 347-2864 and at the above address.

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 area's

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 the ambient air

quality data obtained in the three year period 1987-1989. The CAA

delineates in section 182 the SIP requirements for ozone nonattainment

areas based on their classifications. Specifically, section 182(b)(3)

requires areas classified as moderate to implement Stage II controls

unless and until EPA promulgates On Board Vapor Recovery (OBVR)

regulations pursuant to section 202(a)(6) of the CAA. Based on

consultation with the National Highway Transportation Safety Board, EPA

determined that OBVR were unsafe and therefore moderate areas must

implement a Stage II program. On January 22, 1993, the United States

Court of Appeals for the District of Columbia ruled that EPA's previous

decision not to require OBVR controls be set aside and that OBVR

regulations be promulgated pursuant to section 202(a)(6) of the CAA.

Subsequently, EPA reached a settlement with the plaintiffs which

required EPA to promulgate final regulations by January 22, 1994. After

such promulgation, moderate areas will not be required to implement

Stage II regulations, but Florida has indicated that the State intends

to continue Stage II as part of its long term maintenance plan. The EPA

Administrator signed the OBVR final rule on January 24, 1994. Under

section 182(b)(3), EPA was required to issue guidance as to the

effectiveness of Stage II systems. In November 1991, EPA issued

technical and enforcement guidance to meet this requirement. These two

documents are entitled ``Technical Guidance-Stage II Vapor Recovery

Systems for Control of Vehicle Refueling Emissions at Gasoline

Dispensing Facilities'' (EPA-450/3-91-022) and ``Enforcement Guidance

for Stage II Vehicle Refueling Control Programs.'' In addition, on

April 16, 1992, EPA published the ``General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990'' (57

FR 13498). The guidance documents and the General Preamble discuss

Stage II statutory requirements and indicate what EPA believes a State

submittal needs to include to meet those requirements. The Florida

regulations meet those requirements and are discussed below.

Rule 17-252, Gasoline Vapor Recovery

Stage II

The Southeast Florida Air Quality region is designated

nonattainment for ozone and classified as moderate. See 56 FR 56694

(November 6, 1991) and 57 FR 56762 (November 30, 1992), codified at 40

CFR 81.300 through 81.437. Under section 182(b)(3) of the CAA, Florida

was required to submit Stage II vapor recovery rules for this area by

November 15, 1992. On January 8, 1993, FDER submitted to EPA Stage II

vapor recovery rules that were adopted by the State on December 9,

1992, and the rules became state effective January 21, 1993. The

Florida regulation meets all EPA requirements (see proposal, December

14, 1993, 58 FR 65307). Additional information is contained in the

Technical Support Document (TSD) which is available for review in the

EPA Region IV office.

Stage I

The Stage I regulations have been amended to require Stage I vapor

recovery at all facilities subject to the Stage II requirements in

areas which are designated as a nonattainment or maintenance area for

ozone under Rule 17-275, F.A.C. (Broward, Dade, Duval, Hillsborough,

Palm Beach, and Pinellas Counties). The gasoline tanker truck section

was also revised to require submerged filling at bulk plants and

facilities required to have Stage I and II vapor recovery. These

revisions are consistent with EPA policy and requirements.

Final Action

EPA is approving the above referenced revisions as meeting the

requirements of section 182(b)(3) of the CAA. All of the revisions are

consistent with EPA guidance.

This document makes final the action proposed at (58 FR 65307). As

noted elsewhere in this document, EPA received no adverse public

comment on the proposed action. As a direct result, the Regional

Administrator has reclassified this action from Table 2 to Table 3

under the processing procedures established at 54 FR 2214, January 19,

1989.

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 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.

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 May

23,1994. 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).)

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 non-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, 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, 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, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Incorporation by reference,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Dated: March 8, 1994.

Donald J. Guinyard,

Acting Regional Administrator.

Part 52, title 40, chapter I of the 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)(79) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(79) Revisions to the F.A.C. Chapter 17-252 which were submitted by

the Florida Department of Environmental Protection on January 8, 1993.

The submittal revised the regulations for vapor recovery.

(i) Incorporation by reference.

(A) Revision to F.A.C. 17-252 which was effective on February 2,

1993: 17-252.100; 17-252.200(2-12); 17-252.300; 17-252.400; 17-252.500;

17-252.800; 17-252.900

(ii) Other material.

(A) Letter of January 8, 1993, from the Florida Department of

Environmental Regulation.

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[FR Doc. 94-6976 Filed 3-23-94; 8:45 am]

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