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

[FL56-1-6883a; FRL-5148-8]

Approval and Promulgation of Implementation Plans and Designation

of Areas for Air Quality Planning Purposes; State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 8, 1993, the State of Florida, through the Florida

Department of Environmental Protection (FDEP), submitted a maintenance

plan and a request to redesignate the Southeast Florida area from

moderate nonattainment to attainment for ozone (O3). The Southeast

Florida O3 nonattainment area consists of Dade, Broward and Palm

Beach Counties. Under the Clean Air Act as amended in 1990 (CAA),

designations can be revised if sufficient data are available to warrant

such revisions and the CAA redesignation requirements are satisfied. 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 also approving the 1990 base year emission inventory for the

Southeast Florida area. The approved maintenance plan will become a

federally enforceable part of the State Implementation Plan (SIP) for

the Southeast Florida area.

DATES: This final rule is effective April 25, 1995, unless adverse or

critical comments are received by March 27, 1995. 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,

[[Page 10326]] Pesticides & Toxics Management Division, Region 4

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 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia 30365.

Florida Department of Environmental Regulation, 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 4 Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is

404/347-3555 ext.4215. Reference file FL56-1-6883.

SUPPLEMENTARY INFORMATION: The Clean Air Act, 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. The Miami-Fort

Lauderdale-West Palm Beach area (Southeast Florida), comprised of Dade,

Broward, and Palm Beach Counties, 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 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.

7401-7671q) The nonattainment designation of Southeast Florida 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 moderate 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).

Southeast Florida more recently has ambient monitoring data that

show no violations of the O3 NAAQS, during the period 1990 through

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

O3 season. Therefore, in an effort to comply with the 1990

Amendments and to ensure continued attainment of the NAAQS, Florida

submitted an O3 maintenance SIP for the Southeast Florida area on

November 8, 1993, and 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;

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 Southeast Florida 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 most recent ambient O3 data for

the calendar years 1990 through 1992 shows an exceedence rate of less

than 1.0 per year of the O3 NAAQS in the Southeast Florida area.

(See 40 CFR 50.9 and appendix H). Because the Southeast Florida area

has complete quality-assured data showing no violations of the standard

over the most recent consecutive three calendar year period, the

Southeast Florida area has met the first statutory criterion of

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

ambient air exceedences in 1993 or 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 Southeast

Florida 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 CAA, 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. EPA interprets section 107(d)(3)(E)(v) to mean

that for a redesignation request to be approved, the state has met all

requirements that applied to the subject area prior to or at the time

of the submission of a complete redesignation request. Requirements of

the CAA that come due subsequently continue to be applicable at those

later dates (see section 175A(c)) and, if the redesignation is

disapproved, the state remains obligated to fulfill those requirements.

A. Section 110 Requirements

Although section 110 was amended by the 1990 Amendments, the

Southeast Florida 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 CAA. 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 Southeast Florida 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). The Southeast Florida area was classified as moderate

(See 56 FR 56694, codified at 40 CFR [[Page 10327]] 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 subject to requirements of subpart 2 of part D.

B.1. Subpart 1 of Part D--Section 172(c) Plan Provisions

Under section 172(b), the Administrator established that States

containing nonattainment areas shall submit a plan or plan revision

meeting the applicable requirements of section 172(c) no later than

three years after an area is designated as nonattainment, i.e., unless

EPA establishes an earlier date. EPA has determined that the section

172(c)(2) reasonable further progress (RFP) requirement (with parallel

requirements for a moderate ozone nonattainment area under subpart 2 of

part D, due November 15, 1993) was not applicable as the State of

Florida submitted this redesignation request on November 8, 1993. Also

the section 172(c)(9) contingency measures and additional section

172(c)(1) non-RACT reasonable available control measures (RACM) beyond

what may already be required in the SIP are no longer necessary, since

no earlier date was set for these measures and as RFP was not due until

November 15, 1993.

The section 172(c)(3) emissions inventory requirement has been met

by the submission and approval (in this action) of the 1990 base year

inventory required under subpart 2 of part D, section 182(a)(1).

As for the section 172(c)(5) NSR requirement, EPA has determined

that areas being redesignated need not comply with the NSR requirement

prior to redesignation provided that the area demonstrates maintenance

of the standard without part D NSR in effect. Memorandum from Mary

Nichols, Assistant Administrator for Air and Radiation, dated October

14, 1994, entitled Part D New Source Review (part D NSR) Requirements

for Areas Requesting Redesignation to Attainment. The rationale for

this view is described fully in that memorandum, and is based on the

Agency's authority to establish de minimis exceptions to statutory

requirements. See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61

(D.C. Cir. 1979). As discussed below, the State of Florida has

demonstrated that the Southeast Florida area will be able to maintain

the standard without part D NSR in effect and, therefore, the State

need not have a fully-approved part D NSR program prior to approval of

the redesignation request for Southeast Florida.

Finally, for purposes of redesignation, the Southeast Florida SIP

was reviewed to ensure that all requirements of section 110(a)(2),

containing general SIP elements, were satisfied. As noted above, EPA

believes the SIP satisfies all of those requirements.

B.2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions

Section 176(c) of the CAA 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. or 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 the States must be consistent

with Federal conformity regulations that the CAA 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, EPA'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)).

EPA promulgated final transportation conformity regulations on

November 24, 1993 (58 FR 62118) 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 175A. Pursuant to 40 CFR 51.396 of the

transportation conformity rule and 40 CFR 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, the State of 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 did not come due until

after the submission of the redesignation request for Southeast

Florida, they are not applicable requirements under section

107(d)(3)(E)(v) and, therefore, do not affect the approval of this

redesignation request.

B.3. Subpart 2 of Part D--Section 182(a) and 182(b) Requirements

Southeast Florida is a moderate ozone nonattainment area. Under

subpart 2 of part D, such areas must meet the requirements for marginal

areas under section 182(a)(1) as well as the requirements for moderate

areas contained in section 182(b). As discussed above, for purposes of

this redesignation, the Southeast Florida area need only meet those

requirements of section 182(a) and (b) that came due prior to or at the

time of the submittal of a complete redesignation request (which was

November 8, 1993, in this instance). Section 182(b)(1) of the CAA

required states to submit a revision to the SIP by November 15, 1993,

to provide for volatile organic compound (VOC) emission reductions by

November 15, 1996, of at least 15% from baseline emissions accounting

for any growth in emissions after the date of enactment of the CAA. The

State failed to submit the required revisions and as a result, on

January 28, 1994, EPA issued a finding letter notifying Florida of a

finding of failure to submit. This finding of failure to submit

triggered the: (1) 18-month time clock for mandatory application of

sanctions under section 179(a); (2) the Administrator's discretionary

authority to impose sanctions under section 110(m); and (3) the 2-year

time clock for promulgation of the Federal Implementation Plan (FIP)

15% regulations for this area as required by section 110(c)(1).

However, the letter acknowledges the submittal of this redesignation

request to attainment and stated that if the redesignation request to

attainment is approved then requirements for a 15% plan SIP will be

unnecessary for the Southeast Florida area. Therefore, upon approval of

this redesignation request, the sanctions and FIP clocks will stop. As

the requirement to submit a 15% plan did not come due until November

15, 1993, the 15% plan requirement is not an applicable requirement for

purposes of the evaluation of this redesignation request. EPA has

analyzed the SIP and determined that Florida has met all applicable

182(a) and (b) requirements for redesignation.

a. Emissions Inventory

Section 182(a)(1) of the CAA required an inventory of all actual

emissions from all sources to be submitted by November 15, 1992. As

described below, the State has submitted such an

[[Page 10328]] inventory, and EPA is approving that inventory with this

action.

b. Reasonably Available Control Technology

To be redesignated, all SIP revisions required by section

182(a)(2)(A) and 182(b)(2) concerning RACT requirements must have been

submitted to EPA and fully approved. Florida has met all RACT

requirements except for categories that do not have an approved control

technique guideline (CTG). Florida's non-CTG RACT rule was submitted on

January 8, 1993. This rule is being acted on in a separate document and

final action will be taken prior to this redesignation becoming final.

c. Emissions Statements

Section 182(a)(3) of the CAA required a SIP submission by November

15, 1992, to require stationary sources of NOX and VOCs provide

statements of actual emissions. Florida submitted an annual emissions

statement SIP revision on November 13, 1992. This revision was approved

in the Federal Register on August 4, 1994.

d. New Source Review

As explained above, EPA has determined that areas need not comply

with the part D NSR requirements of the CAA in order to be redesignated

provided that the area is able to demonstrate maintenance without part

D NSR in effect. As maintenance has been demonstrated for the Southeast

Florida area, EPA is not requiring that the area have a fully-approved

part D NSR plan meeting the requirements of sections 182 (a) and (b)

prior to redesignation.

e. Motor Vehicle Inspection and Maintenance (I/M)

The Southeast Florida area has an approved I/M program that meets

the requirements of the CAA. Furthermore, the area meets the

requirements for areas redesignating, i.e., the State has legal

authority for I/M and the contingency plan includes enhanced I/M which

more than meets the requirement for a contingency measure to be an

upgraded I/M program.

f. Stage II

Section 182(b)(3) of the CAA required moderate areas to implement

Stage II gasoline vapor recovery systems unless and until EPA

promulgated onboard vapor recovery regulations. On January 24, 1994,

EPA promulgated the onboard rule. As section 202(a)(6) of the CAA

provides that once the rule is promulgated, moderate areas are no

longer required to implement Stage II, the Stage II vapor recovery

requirement is no longer an applicable requirement. However, Stage II

vapor recovery has been approved and implemented in the Southeast

Florida area.

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 Southeast Florida 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 Southeast Florida 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 VOC RACT regulations, the Federal Motor

Vehicle Control Program (FMVCP), and lower Reid Vapor Pressure (RVP).

VOC emissions were reduced by 9% in 1990 due to VOC RACT. The FMVCP

reduced VOC emissions from motor vehicles by 54% from 1980 to 1990. The

reduction in RVP from 11.5 psi in 1985 to 7.8 psi in 1992 has reduced

summertime VOC mobile source emissions by 32%.

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

for the Southeast Florida 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 VOC, NOX, and CO emissions from the Southeast

Florida 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. EPA is approving the 1990 base year inventory in

this action.

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 Southeast Florida area.

VOC Emissions Inventory Summary

[Tons per day]

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1990 1994 1997 2000 2005

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Stationary Point......................................... 29.43 31.57 27.33 24.34 24.26

Stationary Area.......................................... 295.21 280.90 230.48 232.17 220.50

On-Road Mobile........................................... 336.64 206.83 189.86 176.74 170.25

[[Page 10329]]

Non-Road Mobile.......................................... 128.98 134.81 142.87 149.79 158.35

Biogenic................................................. 325.33 325.33 325.33 325.33 325.33

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Total.............................................. 1115.59 979.44 915.87 908.37 898.69

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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......................................... 180.34 183.92 150.88 151.66 151.70

Stationary Area.......................................... 17.10 17.97 18.81 19.38 20.23

On-Road Mobile........................................... 254.48 239.70 230.79 220.26 214.34

Non-Road Mobile.......................................... 93.85 98.47 104.42 109.60 118.85

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Total.............................................. 545.77 540.06 504.90 500.90 505.12

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CO Emissions Inventory Summary

[Tons per day]

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1990

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Stationary Point............................................. 26.82

Stationary Area.............................................. 182.53

On-Road Mobile............................................... 2565.60

Non-Road Mobile.............................................. 837.80

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Total.................................................. 3612.75

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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 and NOX emissions are not expected

to exceed the level of the base year inventory during this time period.

C. Verification of Continued Attainment

Continued attainment of the O3 NAAQS in the Southeast Florida

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. The contingency plan for the

Southeast Florida area 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 Southeast Florida 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, expansion of control strategies

to adjacent counties for VOC and/or NOX and to new CTG categories,

and an enhanced vehicle emissions inspection program. 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 Southeast Florida area O3

maintenance plan submitted on November 8, 1993, because it meets the

requirements of section 175A. In addition, the Agency is approving the

request and redesignating the Southeast Florida nonattainment area to

attainment, because the State has demonstrated compliance with the

requirements of section 107(d)(3)(E) for redesignation. This action

stops the sanctions and federal implementation plan clocks that were

triggered for the Southeast Florida area by the January 28, 1994,

findings letter. 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 April 25, 1995 unless, within 30 days of its

publication, by March 27, 1995, 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 April 25, 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 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-

[[Page 10330]] 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 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 April 25, 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 Act, 42 U.S.C.

7607(b)(2).)

The OMB has exempted this action from review under Executive Order

12866.

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 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. 7410 (a)(2).

List of Subjects

40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Nitrogen dioxide, Ozone.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: January 24, 1995.

Patrick M. Tobin,

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)(86) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(86) The maintenance plan for Southeast Florida submitted by the

Florida Department of Environmental Protection on November 8, 1993, as

part of the Florida SIP.

(i) Incorporation by reference.

(A) Southeast Florida Ozone Ten Year Maintenance Plan including

Emissions Inventory Summary and Projections effective on November 8,

1993.

(ii) Other material. None.

* * * * *

PART 81--[AMENDED]

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

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

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

is revised to read as follows:

Sec. 81.310 Florida.

* * * * *

Florida--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

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

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

Tampa-St. Petersburg-

Clearwater Area:

Hillsborough County ..................... Nonattainment........ ..................... Marginal.

Pinellas County.... ..................... Nonattainment........ ..................... Marginal.

Rest of State...... ..................... Unclassifiable/ .....................

Attainment.

Alachua County

Baker County

Bay County

Bradford County

Brevard County

Broward County..... April 25, 1995.

Calhoun County

Charlotte County

Citrus County

Clay County

Collier County

Columbia County

Dade County........ April 25, 1995.

De Soto County

Dixie County

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

[[Page 10331]]

Escambia County

Flagler County

Franklin County

Gadsden County

Gilchrist County

Glades County

Gulf County

Hamilton County

Hardee County

Hendry County

Hernando County

Highlands County

Holmes County

Indian River County

Jackson County

Jefferson County

Lafayette County

Lake County

Lee County

Leon County

Levy County

Liberty County

Madison County

Manatee County

Marion County

Martin County

Monroe County

Nassau County

Okaloosa County

Okeechobee County

Orange County

Osceola County

Palm Beach County.. April 25, 1995.

Pasco County

Polk County

Putnam County

Santa Rosa County

Sarasota County

Seminole County

St. Johns County

St. Lucie County

Sumter County

Suwannee County

Taylor County

Union County

Volusia County

Wakulla County

Walton County

Washington County

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

* * * * *

[FR Doc. 95-4537 Filed 2-23-95; 8:45 am]

BILLING CODE 6560-50-P