Approval and Promulgation of Lead State Implementation Plan for the State of Florida

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-60-1-6929a; FRL-5609-3]

Approval and Promulgation of Lead State Implementation Plan for

the State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 18, 1994, the Florida Department of Environmental

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Protection (FDEP) submitted revisions to the Florida State

Implementation Plan (SIP). The revision includes amendments to the

rules in the Florida Administrative Code, Chapters 17-275, Air Quality

Areas, and 17-296, Stationary Sources--Emission Standards. These

revisions provide for the control of lead emissions from facilities in

the State of Florida, and will replace the Federal Implementation Plan

requirements. The approval of this plan does not satisfy the

requirements of 40 CFR 51.117 which requires the State to submit a

source-specific lead plan for Gulf Coast Recycling located in the

Hillsborough County lead nonattainment area.

DATES: This action is effective November 18, 1996 unless adverse or

critical comments are received by October 18, 1996. 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 Ms.

Kimberly Bingham 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, 100

Alabama Street, Atlanta, Georgia 30303-3104.

Florida Department of Environmental Protection, Twin Towers Office

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

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory

Planning and Development Section, Air Programs Branch, Air, Pesticides

& Toxics Management Division, Region 4 Environmental Protection Agency,

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

(404) 347-2864 extension 4195.

SUPPLEMENTARY INFORMATION: On September 17, 1984, the State of Florida

through FDEP submitted a lead implementation plan, and on November 1,

1985, (50 FR 45605) EPA took final action on the lead SIP. The action

disapproved the regulatory portion of the SIP because the regulations

needed to implement specific measures necessary to assure attainment

and maintenance of the lead national ambient air quality standards

(NAAQS) were not included. The EPA promulgated a source-specific

Federal Implementation Plan to replace the disapproved Florida lead

SIP.

On June 24, 1992, EPA Region 4, notified the Governor of Florida

that a portion of Hillsborough County should be redesignated

nonattainment for lead (57 FR 44374) based on a violation of the lead

NAAQS which is 1.5 micrograms per cubic meter. A lead value of 2.27

micrograms per cubic meter was reported the fourth quarter of 1991 by a

monitor located south of the Gulf Coast Recycling plant boundary. On

January 8, 1993, the State of Florida requested that the portion of

Hillsborough County surrounding the Gulf Coast Recycling Company be

redesignated to nonattainment for lead. The EPA published a Notice of

Proposed Rulemaking in the Federal Register requesting that the area be

designated nonattainment (58 FR 44641). Final rulemaking on this issue

has not occurred because Region 4 agreed to allow the State of Florida

to withdraw their nonattainment redesignation request if they submitted

an approvable lead submittal that provided for the attainment of the

lead NAAQS. On August 18, 1994, FDEP submitted revisions to the Florida

SIP. The revisions include amendments to the rules in the Florida

Administrative Code, Chapters 17-275, Air Quality Areas, and 17-296,

Stationary Sources--Emission Standards. These revisions provide for the

control of lead emissions from facilities in the State of Florida. This

plan will serve only to replace the Federal Implementation Plan

requirements codified in 40 CFR 52.535. The State of Florida will be

submitting a source-specific plan for Gulf Coast Recycling that

provides for the attainment of the lead NAAQS in the Hillsborough

County lead nonattainment area and must do so to satisfy the

requirements of 40 CFR 51.117.

The EPA is not taking action on Chapter 17-275.410--Designation of

Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas)

and Chapter 17-275.600--Designation of Air Quality Maintenance Areas in

this document.

Summary of SIP Revisions

Chapter 17-296.200--Definitions

This chapter defines all lead processing operations subject to

these SIP revisions.

Chapter 17-296.600

To control lead emissions in the State of Florida, this chapter

requires that all facilities located in the affected area to use

reasonable available control technologies (RACT). This chapter requires

all affected facilities to submit a revised permit application to the

State of Florida that includes an operation and maintenance plan for

the lead emissions control devices, collection systems, and processing

systems. All affected facilities must keep records of the control

equipment operating parameters, maintenance performed, and system

malfunctions of the lead emission control equipment and failures and

corrective actions taken.

Chapter 17-296.601

This chapter requires the operators of the affected lead facilities

to control their fugitive lead emissions with RACT, and include a

description of the RACT measures to be employed at the facility.

Examples of measures that constitute RACT are also listed in this

chapter.

Chapters 17-296.602, 17-296.603, 17-296.604, 17-296.605

These chapters require the affected lead facilities to be equipped

with RACT to control their lead emissions, and include air dispersion

modeling in their air permit applications that demonstrates that their

facility will not contribute to a violation of the lead NAAQS. These

chapters also list the emission limiting standards for all of the

affected lead facilities.

Final Action

The EPA has evaluated the State's submittal for consistency with

the Clean Air Act, EPA regulations, and EPA policy. The EPA has

determined that the rules submitted by the State of Florida meet the

Clean Air Act's requirements and is approving this submittal under

section 110(k)(3).

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 is effective

November 18, 1996 unless, within 30 days of its publication, 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

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comments received will then be addressed in a subsequent final rule

based on the proposed rule published with this action. 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

is effective November 18, 1996.

Under section 307(b)(1) of the Clean Air Act (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

November 18, 1996. 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 for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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) and 7410(k)(3).

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 110 of the CAA.

These rules may bind State, local and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. EPA has examined whether the rules being approved by this

action would impose no new requirements, since such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action, and therefore there will be no

significant impact on a substantial number of small entities.

Under 5 U.S.C. 801(a)(1)(A) Act (APAA) as added by the Small

Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a

report containing this rule and other required information to the U.S.

Senate, the U.S. House of Representatives and the Comptroller General

of the General Accounting Office prior to publication of the rule in

today's Federal Register. This rule is not a ``major rule'' as defined

by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Lead, Reporting and recordkeeping requirements.

Dated: August 15, 1996.

R.F. McGhee,

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)(91) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(91) The State of Florida submitted revisions to the FDEP

Administrative Code for the Air Pollution Control Program on August 18,

1994. These revisions provide for the control of lead emissions from

facilities in the State of Florida, and will replace the Federal

Implementation Plan requirements codified in 40 CFR 52.535.

(i) Incorporation by reference. Chapters 17-296.200 (97) and (163)

introductory paragraph and (e), 17-296.600-605 effective on August 8,

1994.

(ii) Other material. None.

3. Section 52.535 is removed and reserved.

[FR Doc. 96-23820 Filed 9-17-96; 8:45 am]

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