Approval and Promulgation of Implementation Plans Florida; Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-53-6409; FRL-4877-3]

Approval and Promulgation of Implementation Plans Florida; Title

V, Section 507, Small Business Stationary Source Technical and

Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of final rule.

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SUMMARY: On February 23, 1994 (59 FR 8542), EPA published a document to

approve without prior proposal the February 24, 1993, version of the

revisions made by Florida to the Florida State Implementation Plan

(SIP). These revisions established a Small Business Stationary Source

Technical and Environmental Compliance Assistance Program (PROGRAM), to

be fully implemented by November 15, 1994. This implementation plan was

submitted by the State to satisfy the Federal mandate to ensure that

small businesses have access to the technical assistance and regulatory

information necessary to comply with the Clean Air Act as amended in

1990 (CAA). EPA subsequently received adverse comments on the action.

Accordingly, EPA is withdrawing its direct-final approval. Elsewhere in

today's Federal Register, EPA is proposing to approve the February 23,

1993, version of revisions made by Florida and providing an opportunity

to comment on the proposal.

EFFECTIVE DATE: This withdrawal will be effective April 22, 1994.

ADDRESSES: Copies of the material submitted by the State of Florida may

be examined during normal business hours at the following locations:

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:

Mr. Carlton R. Layne, 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: Implementation of the Clean Air Act (CAA)

requires small businesses to comply with specific regulations in order

for areas to attain and maintain the national ambient air quality

standards (NAAQS) and reduce the emission of air toxics. In

anticipation of the impact of these requirements on small businesses,

the CAA requires that states adopt a PROGRAM, and submit this PROGRAM

as a revision to the federally approved SIP. On February 24, 1993, the

Florida Department of Environmental Protection submitted to EPA for

approval the requisite revisions to the SIP establishing the PROGRAM.

These revisions were adopted by the Florida Legislature by amending

chapter 403 of the Florida Statute, approved on April 8, 1992. The EPA

reviewed this request for revision of the federally approved SIP and

found it to be in conformance with the requirements of the 1990 CAA.

EPA therefore published a notice to approve the revisions without prior

proposal (59 FR 8542, February 23, 1994).

In the final rulemaking, EPA advised the public the effective date

of the action was deferred for 60 days (until April 25, 1994) to

provide an opportunity to submit comments. EPA announced if notice was

received within 30 days of the publication of the final rule that

someone wanted to submit adverse or critical comments, the final action

would be withdrawn and a new rulemaking would begin by proposing a 30

day comment period. EPA had earlier published a general notice

explaining this special procedure (56 FR 44477, September 4, 1991).

EPA has received comments on this action that address the structure

of the Florida PROGRAM. Accordingly, the Agency is today withdrawing

its approval.

EPA is withdrawing this action without providing prior notice and

opportunity for comment. The Agency finds it has good cause within the

meaning of 5 U.S.C. 553(b) to proceed without notice and comment.

Notice and comment would be impracticable in this case because EPA

needs to withdraw its approval as quickly as possible in order to

consider the comments which the public has submitted or may wish to

submit. Moreover, further notice is not necessary because EPA has

already informed the public it would follow this procedure if it

received a request for the opportunity to comment. For the same

reasons, EPA finds it has good cause under 5 U.S.C. 553(d) to make this

withdrawal immediately effective.

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

requirements of section 6 of Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Small business stationary

source technical and environmental assistance program.

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

Therefore the final rule appearing at 59 FR 8542, February 23,

1994. which was to become effective April 25, 1994, is withdrawn.

Dated: April 14, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

[FR Doc. 94-9986 Filed 4-22-94; 11:23 am]

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