Approval and Promulgation of Implementation Plans Florida: Approval of Revisions to the Florida State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-55-1-6171; FRL-4855-9]

Approval and Promulgation of Implementation Plans Florida:

Approval of Revisions to the Florida State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation

Plan (SIP) submitted by the Florida Department of Environmental

Protection (FDEP) on July 2, 1993. These revisions replace references

to specific sources with references based on emissions or capacity.

DATES: This final rule will be effective June 13, 1994 unless notice is

received by May 16, 1994 that someone wishes to submit adverse or

critical comments. 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 Alabama may be examined during

normal business hours at the following locations:

Environmental Protection Agency, Air Docket, 6102, 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, at 404/347-2864.

SUPPLEMENTARY INFORMATION:

On July 2, 1993, the FDEP submitted revisions to the Florida SIP to

replace references to specific sources with references based on

emissions or capacity. These revisions were made to Chapter 17-296 of

the Florida Administrative Code and were adopted on June 9, 1993. The

amendments to Rule 17-296, F.A.C., Stationary Sources-Emission

Standards, specifically, sections 17-296.405, 17-296.406, and 17-

296.701 were necessary to eliminate references to specific sources of

air emissions.

EPA is approving the following revisions to the Florida SIP. These

revisions are more fully discussed in the official SIP submittal that

is available at the Region IV office listed under the ``ADDRESSES''

section of this document. The revisions were made to Section 17-

296.405, Fossil Fuel Steam Generators with more than 250 million Btu

per hour heat input, Section 17-296.406, Fossil Fuel Steam Generators

with less than 250 million btu per hour heat input, and Section 17-

296.701, Portland Cement Plants. The rules previously included air

emissions and application of technologies for specifically named

facilities. The amendments to the rule eliminate the references to

those facilities by their specific name, and makes it a more general

rule applicable for those facilities. It does not establish new

emission standards, but merely precludes specific facility references.

Final Action

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 [Insert date 60 days from date of publication]. However, if

notice is received by [Insert date 30 days from date of publication]

hat someone wishes to submit adverse or critical comments, this action

will be withdrawn and two subsequent documents will be published before

the effective date. One document will withdraw the final action and

another will begin a new rulemaking by announcing a proposal of the

action and establishing a comment period.

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

approved SIP for conformance with the provisions of the 1990 Amendments

enacted on November 15, 1990. The Agency has determined that this

action conforms with those requirements irrespective of the fact that

the submittal preceded the date of enactment.

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 [Insert

date 60 days from date of publication]. 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 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 or 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 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, 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, Incorporation by Reference, Lead, Nitrogen dioxide,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides.

Dated: March 5, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

Part 52, chapter I, title 40 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)(83) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(83) Revisions to Chapter 17-296 of the Florida Administrative Code

(FAC) regarding Stationary Sources submitted on July 2, 1993.

(i) Incorporation by reference.

(A) Amendments to FAC 17-296.405 and 17-296.406, adopted June 9,

1993.

[FR Doc. 94-8816 Filed 4-13-94; 8:45 am]

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