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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-067-1-9635a; FRL-5640-4]

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) for ozone. These revisions were submitted to EPA through the

Florida Department of Environmental Regulation (FDER) on April 8, 1996,

and revise regulations for Stage II vapor recovery (Stage II) in

Florida's SIP. These revisions meet all of EPA's requirements for Stage

II programs and do not adversely affect the ability of the State to

maintain the ozone standard. Therefore EPA is approving the SIP,

revisions.

DATES: This action is effective February 14, 1997 unless adverse or

critical comments are received by January 15, 1997. If the effective

date is delayed, timely notice will be published n the Federal

Register.

ADDRESSES: Written comments on this action should be addressed to Alan

Powell at the Environmental Protection Agency, Region 4 Air Programs

Branch, 100 Alabama Street, SW., Atlanta, Georgia 30303. Copies of

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.

Reference file FL-067. The Region 4 office may have additional

background documents not available at the other locations.

Environmental Protection Agency, Region 4 Air Programs Branch, 100

Alabama Street, SW., Atlanta, Georgia 30303, Alan Powell, 404/562-9045.

Florida Department of Environmental Protection, Twin Towers Office

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

FOR FURTHER INFORMATION CONTACT: Alan W. Powell of the EPA Region 4 Air

Programs Branch at (404) 562-9045.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed

into law the Clean Air Act Amendments of 1990. The Clean Air Act (CAA)

as amended in 1990 includes new requirements for the improvement of air

quality in ozone nonattainment areas. Under section 181(a) of the CAA,

nonattainment areas were categorized by the severity of the area's

ozone problem, and progressively more stringent control measures were

required for each category of higher ozone concentrations. The basis

for classifying an area in a specific category was the ambient air

quality data obtained in the three year period 1987-1989. The CAA

delineates in section 182 the SIP requirements for ozone nonattainment

areas based on their classifications. Specifically, section 182(b)(3)

requires areas classified as moderate to implement Stage II controls

unless and until EPA promulgates On

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Board Vapor Recovery (OBVR) regulations pursuant to section 202(a)(6)

of the CAA. Based on consultation with the National Highway

Transportation Safety Board, EPA determined that OBVR systems were

unsafe and therefore moderate areas must implement a Stage II program.

On January 22, 1993, the United States Court of Appeals for the

District of Columbia ruled that EPA's previous decision not to require

OBVR controls be set aside and that OBVR regulations be promulgated

pursuant to section 202(a)(6) of the CAA. Subsequently, EPA reached a

settlement with the plaintiffs which required EPA to promulgate final

regulations by January 22, 1994. The EPA Administrator signed the OBVR

final rule on January 24, 1994, and moderate areas are not required to

implement Stage II regulations. However, Florida implemented a Stage II

program in the three county South Florida area on January 8, 1993,

which was approved by EPA on March 24, 1994 (59 FR 13883). Florida

intends to continue Stage II as part of its long term maintenance plan.

Based on issues identified during the implementation phase of the

regulation, Florida issued variances to nine sources in the Everglades

in West Palm Beach County. The variance request to the Stage II rule is

discussed below.

Rule 62-252. Gasoline Vapor Recovery STAGE II

Under section 182(b)(3) of the CAA, Florida submitted Stage II

vapor recovery rules for this area, and EPA approved the regulation.

During the implementation phase, FDEP received request from nine

facilities located in the Westernmost areas of Palm Beach County. These

facilities requested variances from the time schedule set forth in the

regulation, because they would suffer economic hardship by installing

Stage II now instead of in conjunction with a state funded underground

storage tank replacement program. FDEP determined that the emissions

from these sources would not affect the maintenance plan of the area

and granted the variances on February 28, 1996. Eight facilities will

install Stage II vapor recovery in conjunction with scheduled tank

replacement in 2009. The other facility will comply in 2005. EPA's

review of the request confirmed that despite the delay in emissions

reductions, the projected emissions in the area continue to be

consistent with the maintenance plan.

Final Action

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

approved State implementation plan 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.

The EPA is publishing this rule without a prior proposal for

approval 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 February 14, 1997 unless, by January 15, 1997,

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 the separate 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 February 14, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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 andregulatory requirements.

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, 1939 (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.

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 thenature 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. USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2) and 7410(k)(3).

Under section 202 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 (insert) of the

CAA. These rules may bind State, local and tribal governments to

perform certain actionsand also require the private sector to perform

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

this action will impose any new requirements. Since such sources are

already subject to these regulations under State law, no new

requirements are imposed by this approval. 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) 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 theComptroller 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

U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C.

7607(b)(1), petitions for judicial review of this

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action must be filed in the United States Court of Appeals for the

appropriate circuit by February 14, 1997. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: September 5, 1996.

A. Stanley Meiburg,

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)(96) to read as

follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(96) Nine variances to F.A.C. Chapter 62-252 were submitted by the

Florida Department of Environmental Protection on April 8, 1996. The

submittal granted variances from the regulations for vapor recovery for

nine facilities.

(i) Incorporation by reference.

(A) Florida Department of Environmental Protection Order Granting

Variance effecctive February 28, 1996 for: FAC #508514770; FAC

#508944721; FAC #508630588; FAC #50863023; FAC #508514723; FAC

#508514722; FAC #508514484; FAC #508513991; FAC #508841861.

(ii) Other material. None.

[FR Doc. 96-31592 Filed 12-13-96; 8:45 am]

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