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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-049-2-5818a; FL-049-2-6132a; FL-058-5819a FRL-5133-9]

Approval and Promulgation of Implementation Plans; Florida:

Approval of Revisions to Florida Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation

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

Department of Environmental Protection (FDEP) on January 8, 1993 and

April 25, 1994. They revise regulations in Florida's SIP addressing new

source review (NSR), non-control technology guidelines (non-CTG) for

reasonably available control technology (RACT), and adds nitrogen oxide

(NOx) as a RACT requirement in the South Florida nonattainment

area in Florida's SIP. This plan has been submitted by the FDEP as an

integral part of the program to achieve and maintain the National

Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide,

nitrogen dioxide and sulfur dioxide. These regulations meet all of EPA

requirements and therefore EPA is approving the SIP revisions.

DATES: This final rule will be effective March 13, 1995, unless adverse

or critical comments are received by February 10, 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 Alan

Powell, 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 4 Air Programs Branch, 345

Courtland Street, NE, Atlanta, Georgia 30365.

Florida Department of Environmental Protection, 2600 Blair Stone Road,

Tallahassee, Florida 32399.

FOR FURTHER INFORMATION CONTACT: Alan Powell, 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 extension 4209. Reference file FL-49-5818.

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 classified by the severity of the ozone

problem, and section 182 contains requirements for progressively more

stringent control measures for each classification of higher ozone

concentrations. The classification of an area in a specific category

was based on the ambient air quality data obtained in the three year

period 1987-1989. The Jacksonville area (Duval County) was classified

as transitional because it did not have any ozone violations; the

Tampa/St. Petersburg area (Hillsborough and Pinellas counties) area was

classified as a marginal nonattainment area and the South Florida area

(Broward, Palm Beach, and Dade counties) was classified as a moderate

ozone non-attainment area. The SIP revisions address several of the CAA

requirements for ozone nonattainment areas.

General

On January 8, 1993, and April 25, 1994, Florida submitted SIP

revision packages containing regulations governing NSR, non-CTG RACT,

NOX RACT, emissions testing, air quality designations and gasoline

vapor recovery. The regulations pertaining to emissions testings, air

quality designations and gasoline vapor recovery have been addressed in

separate Federal Register documents.

Rule 17-212, Stationary Preconstruction Review

The amendments to Rule 17-212, F.A.C., make changes to the new

source review requirements for ozone. The original January 8, 1993,

submittal also

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included NSR for lead nonattainment. Since Florida does not have any

lead nonattainment areas, the State withdrew this portion, and EPA will

not act on it.

New definitions are incorporated for ``Affected Pollutant,'' ``Base

Emission Limit,'' ``Volatile Organic Compounds (VOCs), and

``Significant Impact.'' Previously, the affected pollutant for ozone

nonattainment areas was VOC only because the control of VOC emissions

was considered the most effective way to attain the ambient standard.

Recent studies suggest that the control of NOX emissions may be

effective and section 182(f) of the CAA requires the SIP to address

major stationary sources of NOX in addition to VOC. The revisions

to this rule require proposed new or modified major sources of VOC or

NOX to obtain emissions reduction of VOC and NOX from sources

within the non-attainment area in order to offset the emission increase

from the new source. The offset requirements are 1.1:1 for marginal

nonattainment areas and 1.15:1 for moderate nonattainment areas. These

requirements are consistent with EPA guidelines. Guidance on the new

source review procedure are outlined in the April 16, 1992, General

Preamble to the CAA.

Rule 17-296, Stationary Source Emission Standards

The air quality planning requirements for the reduction of NOX

emissions through RACT are set out in section 182(f) of the Clean Air

Act. Section 182(f) requirements are described by EPA in a notice,

``State Implementation Plans; Nitrogen Oxide Supplement to the General

Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;

Proposed Rule,'' published November 25, 1992 (57 FR 55620). The notice

outlines specific requirements for various ozone nonattainment areas.

Specifically, the notice requires that provisions of subpart 182 of the

CAA which apply to VOC shall also apply to NOX. NOX RACT is

required for moderate ozone nonattainment areas by this rule. The

November 25, 1992, notice should be referenced to for further

information on the NOX requirements and is incorporated into this

proposal by reference.

Section 182(f) of the Clean Air Act requires States within moderate

or above ozone nonattainment areas or the ozone transport region to

apply the same requirements to major stationary sources of NOX

(``major'' as defined in section 302 and section 182(c), (d), and (e))

as are applied to major stationary sources of VOCs. The EPA is

approving the NOX RACT rule for the South Florida area because it

meets the requirements of section 182(b)(2) of the Clean Air Act and

conforms to the policy in the NOX Supplement to the General

Preamble, cited above. EPA is also approving the VOC RACT portion of

the rule because it too meets the requirements of the CAA.

As noted, the moderate and above ozone nonattainment areas and

areas in the ozone transport regions should have submitted, by November

15, 1992, provisions to assure that RACT is implemented (see section

182(b)(2)). States are expected to require final installation of the

actual NOX controls by May 31, 1995, for sources for which

installation by that date is practicable. The NOX Supplement to

the General Preamble (57 FR 55623) contains a detailed discussion of

EPA's interpretation of the RACT requirement. Florida's rule is

consistent with these guidelines.

This rule applies to the 1990 Clean Air Act Amendment requirement

for RACT for existing major sources of VOCs and NOX in Florida's

moderate non-attainment area. The original January 8, 1993, submittal

to EPA did not contain source specific RACT standards and Florida

received an objections letter from the State Joint Administrative

Procedures Committee. In response to that letter, Florida has

established source specific RACT standards which were submitted to EPA

on April 25, 1994. The rule details specific NOX emission limits

as RACT standards for furnaces, turbines, cement plants, oil fired

diesel generators and carbonaceous fuel burning equipment in Broward,

Dade and Palm Beach Counties. The State also chose to include an

emission limit for sources which are not covered by the specific

limits; since the State has indicated that there are currently no

sources in this category, approval of this limit does not set RACT

precedent. The rule requires operations not equipped with continuous

emissions monitors (CEMs) to demonstrate compliance through annual

testing using EPA Reference Methods or other State approved methods. In

addition to these NOX specific requirements, the rule requires the

use of low-VOC resin or thermal oxidation of emissions from the purge

cycle for all resin coating operations. The only VOC source affected by

section 182 of the CAA is a resin coating operation. Additional

information on the specific emission limits may be found in the TSD.

The rule also requires affected sources to propose a compliance

schedule in which the facility complies with the RACT requirements no

later than May 31, 1995. These changes are consistent with EPA guidance

and meets the requirements for non-CTG RACT.

Final Action

EPA is approving the above referenced revision to the Florida SIP

and 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

March 13, 1995, unless by February 10, 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 March 13, 1995.

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 March 13,

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 these actions 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 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

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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

Air pollution control, Hydrocarbons, Incorporation by reference,

Intergovernmental relations, Lead, Nitrogen Oxide, Ozone, Reporting and

recordkeeping requirements.

Dated: December 20, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of 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) (88) to read

as follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(88) Revisions to the F.A.C. Chapters 17-212 and 17-296 which were

effective February 2, 1993

(i) Incorporation by reference.

(A) Revision to F.A.C. 17-212, and 17-296 which were effective on :

February 2, 1993. 17-212.100; 17-212.200 introductory paragraph,

(5),(12),(57),(63)(e),(64),(75); 17-212.400 introductory paragraph,(2)

introductory paragraph, (2)(f)3; 17-212.500(2)(a), (2)(a) introductory

paragrpah, 2(a)2. introductory paragraph, 2(a)2.a.,

(2)(a)2.e.4.,(4)(b), (4)(c),(4)(d)1., (4)(d)2.a.-c., (4)(g), (5)(a),

(5)(b)2.,4.-7.. 9.;17-296.200(13), (50), (198); 17.500 introductory

paragraph,(1); 17-296.570(3).

(B) Revision to F.A.C. 17-296 which became effective on April 17,

1994. 17-296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17-

296.570(1-2), (4).

(ii) Other material.

(A) Letters of January 8, 1993 and April 25, 1994, from the Florida

Department of Environmental Protection.

[FR Doc. 95-608 Filed 1-10-95; 8:45 am]

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