Designation of Areas for Air Quality Planning Purposes Florida: Redesignation of the Duval County Sulfur Dioxide Unclassifiable Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FL-75-1-9806a; FRL-6196-8]

Designation of Areas for Air Quality Planning Purposes Florida:

Redesignation of the Duval County Sulfur Dioxide Unclassifiable Area to

Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On January 28, 1997, the Florida Department of Environmental

Protection (DEP) submitted a request for redesignation to attainment

for sulfur dioxide (SO2) in Duval County, Florida. The

redesignation request included five years of quality assured monitoring

data which showed no exceedances of the National Ambient Air Quality

Standards (NAAQS) for SO2. Duval County was originally

designated as an unclassifiable area in 1978 due to a lack of adequate

monitoring data. Sufficient data have now been collected to make an

affirmative declaration of attainment status. The EPA is redesignating

Duval County from unclassifiable to attainment for SO2.

DATES: This direct final rule is effective on March 8, 1999 without

further notice, unless EPA receives adverse comment by February 8,

1999. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to Scott M. Martin,

Regulatory Planning Section, Air Planning Branch, Air, Pesticides and

Toxics Management Division, Region 4 Environmental Protection Agency,

61 Forsyth Street, SW, Atlanta, Georgia 30303.

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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303.

Florida Department of Environmental Protection, Twin Towers Office

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

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning

Section, Air Planning Branch, Air, Pesticides and Toxics Management

Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,

SW, Atlanta, Georgia 30303. The telephone number is 404-562-9036.

SUPPLEMENTARY INFORMATION: In a Federal Register document published

March 3, 1978, (43 FR 8962) the Duval County area was designated as

unclassifiable for SO2 due to lack of adequate monitoring

data. On January 28, 1997, the State of Florida, through the DEP,

submitted a request for redesignation of the Duval County

SO2 unclassifiable area to attainment. Included with this

request was five years of quality assured monitoring data which showed

that Duval County had not violated the NAAQS for SO2. The

State of Florida has met all the Clean Air Act Amendments of 1990 (CAA)

requirements for redesignation pursuant to section 107(d)(3)(E).

Section 107(d)(3)(E)(i) The Administrator has determined that the

area has attained the NAAQS.

Florida submitted air quality data demonstrating attainment with

both the primary and secondary SO2 NAAQS for the years 1990

through 1995. As required by the EPA for SO2 redesignations,

a nonattainment area must demonstrate attainment by showing no more

than one exceedance annually for two complete, consecutive calendar

years and must continue in attainment status until the final notice

approving such redesignation is effective. During that period there

were no exceedances in the Duval County area, and hence, no violations

of the SO2 NAAQS. The area has continued to monitor

attainment of the SO2 NAAQS to date.

Section 107(d)(3)(E)(ii) The Administrator has fully approved the

applicable implementation plan for the area under Section 110(k).

The Florida SO2 State Implementation Plan (SIP) is fully

approved and meets all requirements under section 110(k) which are

applicable to the Duval County area.

Section 107(d)(3)(E)(iii) The Administrator determines that the

improvement in air quality is due to permanent and enforceable

reductions in emissions resulting from implementation of the applicable

implementation plan and applicable Federal air pollutant control

regulations and other permanent and enforceable reductions.

Duval County was originally designated as an unclassifiable area in

1978 due to lack of adequate monitoring data. Monitoring data was

submitted for the years 1990 through 1995 which shows Duval County is

attaining the NAAQS for SO2. Additionally, a modeling

demonstration was submitted which was completed in accordance with the

EPA air quality modeling guidelines. The modeling indicated a need for

state operating permits on three facilities. The State submitted

permits for SCM Glidco Organics Corporation (now Millennium Specialty

Chemicals), Anheuser Bush, Inc., and the Celotex Corporation for

approval into the SIP which show reductions in SO2

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emissions. These permits will be replaced by title V permits for the

facilities however, the SO2 emission limitations will remain

the same.

Section 107(d)(3)(E)(iv) The Administrator has fully approved a

maintenance plan for the area as meeting the requirements of section

175A.

Duval County was originally designated as an unclassifiable area

for SO2 and maintenance plans are not required for

unclassifiable areas requesting redesignation to attainment.

Section 107(d)(3)(E)(v) The State containing such area has met all

requirements applicable to the area under Section 110 and Part D.

Florida has complied with all requirements of section 110 and part

D of the CAA. Additionally, the State of Florida submitted permits for

three plants in the area that provide emission reductions for inclusion

in the SIP. These requirements will protect the SO2 NAAQS in

the Duval County area. Therefore, Florida has complied with all

requirements of section 110 and part D of the CAA and has satisfied all

requirements of section 107(d)(3)(E).

Permit Approval

EPA is approving the following permit conditions into the SIP:

Permit A016-169138 SCM Glidco Organics conditions 1 through 18.

Permit A016-222421 Anheuser-Busch, Inc., conditions 1 through 18.

Permit AO16-185805 The Celotex Corporation conditions 11 through 16.

Final Action

In this action, EPA is approving the request to redesignate Duval

County, Florida, to attainment for the SO2 NAAQS.

Additionally, EPA is approving the permit conditions for the SCM Glidco

Organics Corporation, Anheuser Bush, Inc., and the Celotex Corporation.

The SO2 SIP is designed to satisfy the requirements of

part D of the CAA and to provide for attainment and maintenance of the

SO2 NAAQS. This final redesignation should not be

interpreted as authorizing the State to delete, alter, or rescind any

of the SO2 emission limitations and restrictions contained

in the approved SO2 SIP. Changes to SO2 SIP

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-implementation [section 173(b) of the CAA] and in a SIP deficiency

call made pursuant to section 110(a)(2)(H) of the CAA.

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 March

8, 1999 without further notice unless the Agency receives relevant

adverse comments by February 8, 1999.

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

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

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. Only parties interested in

commenting should do so at this time. If no such comments are received,

the public is advised that this rule will be effective on March 8, 1999

and no further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of Executive

Order 12875 do not apply to this rule.

C. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of Executive Order 13084 do not apply to

this rule.

D. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the 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

[[Page 994]]

and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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

annual 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 annual 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.

G. Submission to Congress and the Comptroller General

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).

H. 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 March 8, 1999. 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).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: November 10, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 adding paragraph (c)(101) to read

as follows:

Sec. 52.520 Identification of plan.

* * * * *

(c) * * *

(101) Revisions to the Florida SIP adding SO2 permits to

specify SO2 emission limits for three sources in Duvall

County, Florida submitted on January 28, 1997.

(i) Incorporation by reference. The following source specific

SO2 permits of the Florida Department of Environmental

Protection.

SO2 Permits:

(A) Permit AO16-169138 SCM Glidco Organics conditions 1 through 18.

(B) Permit AO16-222421 Anheuser-Busch, Inc., conditions 1 through

18.

(C) Permit AO16-185805 The Celotex Corporation conditions 11

through 16.

(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.

Subpart C--Section 107 Attainment Status Designations

2. In Sec. 81.310, the ``Florida-SO2'' table is amended

by revising the entry for ``Duvall County'' to read as follows:

Sec. 81.310 Florida.

* * * * *

[[Page 995]]

Florida--SO2

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Does not meet Does not meet Better than

Designated area primary standards secondary standards Cannot be classified national standards

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Duvall County ................... ................... ........................................................ X

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[FR Doc. 99-229 Filed 1-6-99; 8:45 am]

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