Approval and Promulgation of Implementation Plans; State of Florida

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Fl-071-9810a; FRL-6015-4]

Approval and Promulgation of Implementation Plans; State of

Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to the State of Florida's State

Implementation Plan (SIP) submitted to EPA on December 10, 1996,

through the Florida Department of Environmental Protection. The

amendment adds perchloroethylene to the list of chemicals excluded from

the definition of volatile organic compounds (VOC). The amendment also

corrects vague language in various definitions. The revision moves

conditions relating to the Small Business Assistance Program (SBAP)

from Chapter 62-202 to Rule 62-210.220.

DATES: This final rule is effective July 27, 1998 unless adverse or

critical comments are received by June 26, 1998. If the final rule is

withdrawn, timely notice will be published in the Federal Register.

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

L. McCorkle at the Environmental Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth 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-071-9810. The Region 4 office may have

additional background documents not available at the other 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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303

Florida Department of Environmental Protection, Air Resources

Management Division, Twin Towers Office Building, 2600 Blair Stone

Road, Tallahassee, Florida 32399-2400

FOR FURTHER INFORMATION CONTACT: Karla L. McCorkle at 404/562-9043.

SUPPLEMENTARY INFORMATION: On December 10, 1996, the State of Florida

through the Florida Department of Environmental Protection submitted a

revision to the Florida SIP. The revision adds perchloroethylene to the

list of chemicals excluded from the definition of VOC. This amendment

also corrects vague language in the definitions of ``Acid Mist,''

``Commence Construction,'' ``Gas/Gas Method,'' and ``Liquid/Gas

Method,'' as directed by Florida's Joint Administrative Committee. The

revision moves provisions relating to the SBAP from Chapter 62-202 to

Rule 62-210.220. The definition ``Small Business Stationary Source'' is

amended for clarification.

The specific rule revisions from the December 10, 1996, submittal

that are being approved in this action are discussed below:

Exclusion of Perchloroethylene to VOC Definition

Rule 62-210.200--The amendment adds ``perchloroethylene'' to the

list of chemicals excluded from the definition of ``Volatile Organic

Compounds.'' This revision makes the definition of VOC in the Florida

SIP consistent with the EPA definition.

Definitions

Rule 62-210.200--Throughout this section, the following definitions

have been amended to correct vague language: ``Acid Mist,'' ``Commence

Construction,'' ``Gas/Gas Method,'' and ``Liquid/Gas Method.'' In

definition (1), ``Acid Mist,'' a reference to Rule 62-204.800 is added.

In definition (77), ``Commence Construction,'' a completion time is

clarified. In definition (137), ``Gas/Gas Method,'' references to the

prescribed methods in Rule 62-297.450 (2)(a) and Rule 62-297.450 (2)(c)

are added. In definition (167), ``Liquid/Gas Method,'' references to

the prescribed methods in Rule 62-297.450 (2)(b) and Rule 62-297.450

(2)(d) are added.

Small Business Assistance Program

Rule 62-210.220--Provisions relating to the SBAP in the Division of

Air Resources Management are moved from Chapter 62-202 to Rule 62-

210.220.

Rule 62-210.200--The definition ``Small Business Stationary

Source,'' is amended to make it clear that facilities may be classified

as small business stationary sources either by definition or by

petition pursuant to the rule.

Final Action

EPA is approving the aforementioned changes to the SIP. The Agency

has reviewed this request for revision of the Federally approved SIP

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.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective July

27, 1998 without further notice unless the Agency receives relevant

adverse comments by June 26, 1998.

If the EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period on the proposed rule. Only parties

interested in commenting on the proposed rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on July 27, 1998 and no further action will be

taken on the proposed rule.

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 and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

[[Page 28906]]

with jurisdiction over populations of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act 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, the Regional

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by July 27, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the 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).)

F. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to

any rule that is (1) likely to be ``economically significant'' as

defined under Executive Order 12866, and (2) the Agency has reason to

believe that the environmental health or safety risk addressed by the

rule may have a disproportionate effect on children. If a regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety effects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045, ``Protection of Children

from Environmental Health Risks and Safety Risks'' because this is not

an ``economically significant'' regulatory action as defined by E.O.

12866, and because it does not involve decisions on environmental

health or safety risks that may disproportionately affect children.

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: May 10, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 et seq.

Subpart K--Florida

2. Section 52.520, is amended by revising paragraph (c)(87) to read

as follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(87) Revisions to the Florida State Implementation Plan submitted

by the Department of Environmental Protection on December 10, 1996.

(i) Incorporation by reference. Section 62-210.200(1), (29)(g),

(77)(a), (b), (137), (145)(a)29., (167), (259)(a)3-5 and (b), (309)(y),

and 62-210.220 of the Florida SIP effective October 15, 1996.

(ii) Other material. None.

* * * * *

[FR Doc. 98-13989 Filed 5-26-98; 8:45 am]

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