62748 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

NEW JERSEY—CARBON MONOXIDE—Continued

Designated area

Designation Classification

Date1 Type Date1 Type

Warren County.

1This date is November 15, 1990, unless otherwise noted.

[FR Doc. 95–29818 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[FL63–1–7143a; FRL–5340–7]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Florida Change in

National Policy Regarding Applicability

of Conformity Requirements to

Redesignation Requests

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On February 7, 1995, the State

of Florida, through the Florida

Department of Environmental Protection

(FDEP), submitted a maintenance plan

and a request to redesignate the Tampa

area from marginal nonattainment to

attainment for ozone (O3). The Tampa

O3 nonattainment area consists of

Hillsborough and Pinellas Counties.

Under the Clean Air Act as amended in

1990 (CAA), designations can be revised

if sufficient data are available to warrant

such revisions and the CAA

redesignation requirements are satisfied.

In this action, EPA is approving

Florida’s request because it meets the

maintenance plan and redesignation

requirements set forth in the CAA, and

EPA is also approving the 1990 base

year emission inventory for the Tampa

area.

DATES: This action will be effective

February 5, 1996, unless adverse or

critical comments are received by

January 8, 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 Joey

LeVasseur, 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

Regulation, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399–2400.

Hillsborough County Environmental

Protection Commission, 1410 North

21st Street, Tampa, Florida 33605.

Pinellas County Department of

Environmental Management, Division

of Air Quality, 300 S. Garden Avenue,

Clearwater, Florida 34616.

FOR FURTHER INFORMATION CONTACT: Joey

LeVasseur, 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 ext.4215. Reference file FL63–

1–7143a.

SUPPLEMENTARY INFORMATION: The Clean

Air Act, as amended in 1977 (1977 Act)

required areas that were designated

nonattainment based on a failure to

meet the O3 national ambient air quality

standard (NAAQS) to develop SIPs with

sufficient control measures to

expeditiously attain and maintain the

standard. The Tampa-St. PetersburgClearwater area (Tampa), comprised of

Hillsborough and Pinellas Counties, was

designated under section 107 of the

1977 Act as nonattainment with respect

to the O3 NAAQS on March 3, 1978. [43

FR 8964, 40 CFR 81.310] In accordance

with section 110 of the 1977 Act, the

State submitted a part D O3 SIP on April

30, 1979, which was supplemented on

August 27, 1979, and January 23, 1980,

which EPA conditionally approved on

March 18, 1980, and fully approved on

May 14, 1981, as meeting the

requirements of section 110 and part D

of the 1977 Act.

On November 15, 1990, the CAA

Amendments of 1990 were enacted

(1990 Amendments). [Pub. L. 101–549,

104 Stat. 2399, codified at 42 U.S.C.

7401–7671q] The nonattainment

designation of Tampa was continued by

operation of law pursuant to section

107(d)(1)(C)(i) of the 1990 Amendments.

Furthermore, it was classified as

marginal for O3 according to section

181(a)(1). (See 56 FR 56694 (Nov. 6,

1991) and 57 FR 56762 (Nov. 30, 1992),

codified at 40 CFR 81.310).

Tampa more recently has ambient

monitoring data that show no violations

of the O3 NAAQS, during the period

1990 through 1994. In addition, there

have been no exceedances reported for

the 1995 O3 season. Therefore, in an

effort to comply with the 1990

Amendments and to ensure continued

attainment of the NAAQS, Florida

submitted an O3 maintenance SIP for

the Tampa area on February 7, 1995,

and also requested redesignation of the

area to attainment with respect to the O3

NAAQS.

The 1990 Amendments revised

section 107(d)(1)(E) to provide five

specific requirements that an area must

meet in order to be redesignated from

nonattainment to attainment.

1. The area must have attained the

applicable NAAQS;

2. The area must meet all relevant

requirements under section 110 and part

D of the CAA;

3. The area must have a fully

approved SIP under section 110(k) of

the CAA;

4. The air quality improvement must

be permanent and enforceable; and

5. The area must have a fully

approved maintenance plan pursuant to

section 175A of the CAA.

The Florida redesignation request for

the Tampa area meets the five

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

noted above. The following is a brief

description of how the State has

fulfilled each of these requirements.

Because the maintenance plan is a

critical element of the redesignation

request, EPA will discuss its evaluation

of the maintenance plan under its

analysis of the redesignation request.

1. Attainment of the O3 NAAQS

The Florida request is based on an

analysis of quality assured O3 air quality

data which is relevant to the

maintenance plan and to the

redesignation request. The ambient O3

data for the calendar years 1990 through
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62749

1992 shows an exceedance rate of less

than 1.0 per year of the O3 NAAQS in

the Tampa area. (See 40 CFR 50.9 and

Appendix H). In addition, there have

been no ambient air exceedances in

1993, 1994 or to date in 1995 for O3.

Because the Tampa area has complete

quality-assured data showing no

violations of the standard over the most

recent consecutive three calendar year

period, the Tampa area has met the first

statutory criterion of attainment of the

O3 NAAQS. Florida has committed to

continue monitoring in this area in

accordance with 40 CFR part 58.

2. Meeting Applicable Requirements of

Section 110 and Part D

On May 14, 1981, EPA fully approved

Florida’s SIP for the Tampa area as

meeting the requirements of section

110(a)(2) and part D of the 1977 Act (46

FR 26640). The 1990 Amendments,

however, modified section 110(a)(2)

and, under part D, revised section 172

and added new requirements for all

nonattainment areas. Therefore, for

purposes of redesignation, to meet the

requirement that the SIP contain all

applicable requirements under the CAA,

EPA has reviewed the SIP to ensure that

it contains all measures that were due

under the 1990 Amendments prior to or

at the time the State submitted its

redesignation request. EPA interprets

section 107(d)(3)(E)(v) to mean that for

a redesignation request to be approved,

the state has met all requirements that

applied to the subject area prior to the

submission of a complete redesignation

request. Requirements of the CAA that

come due subsequently continue to be

applicable at those later dates (see

section 175A(c)) and, if the

redesignation is disapproved, the state

remains obligated to fulfill those

requirements.

A. Section 110 Requirements

Although section 110 was amended

by the 1990 Amendments, the Tampa

SIP meets the requirements of amended

section 110(a)(2). A number of the

requirements did not change in

substance and, therefore, EPA believes

that the pre-amendment SIP met these

requirements. As to those requirements

that were amended, (see 57 FR 27936

and 23939, June 23, 1993), many are

duplicative of other requirements of the

CAA. EPA has analyzed the SIP and

determined that it is consistent with the

requirements of amended section

110(a)(2).

B. Part D Requirements

Before Tampa may be redesignated to

attainment, it also must have fulfilled

the applicable requirements of part D.

Under part D, an area’s classification

indicates the requirements to which it

will be subject. Subpart 1 of part D sets

forth the basic nonattainment

requirements applicable to all

nonattainment areas, classified as well

as nonclassifiable. Subpart 2 of part D

establishes additional requirements for

nonattainment areas classified under

table 1 of section 181(a). The Tampa

area was classified as marginal (See 56

FR 56694, codified at 40 CFR 81.530).

Therefore, in order to be redesignated to

attainment, the State must meet the

applicable requirements of subpart 1 of

part D, specifically sections 172(c) and

176, and is subject to requirements of

subpart 2 of part D.

B.1. Subpart 1 of part D—Section 172(c)

Plan Provisions

Under section 172(b), the

Administrator established that States

containing nonattainment areas shall

submit a plan or plan revision meeting

the applicable requirements of section

172(c) no later than three years after an

area is designated as nonattainment, i.e.,

unless EPA establishes an earlier date.

EPA had not determined that these

requirements were applicable to

classified O3 nonattainment areas on or

before February 7, 1995, the date that

the State of Florida submitted a

complete redesignation request for the

Tampa area. Therefore, the State was

not required to meet these requirements

for purposes of redesignation. EPA has

determined that the section 172(c)(2)

reasonable further progress (RFP)

requirement was not applicable to the

Tampa redesignation. Also the section

172(c)(9) contingency measures and

additional section 172(c)(1) non-RACT

reasonable available control measures

(RACM) beyond what may already be

required in the SIP are no longer

necessary.

The section 172(c)(3) emissions

inventory requirement has been met by

the submission and approval (in this

action) of the 1990 base year inventory

required under subpart 2 of part D,

section 182(a)(1).

As for the section 172(c)(5) NSR

requirement, EPA has determined that

areas being redesignated need not

comply with the NSR requirement prior

to redesignation provided that the area

demonstrates maintenance of the

standard without part D NSR in effect.

See memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation, dated October 14, 1994,

entitled Part D New Source Review (part

D NSR) Requirements for Areas

Requesting Redesignation to

Attainment. The rationale for this view

is described fully in that memorandum,

and is based on the Agency’s authority

to establish de minimis exceptions to

statutory requirements. See Alabama

Power Co. v. Costle, 636 F. 2d 323, 360–

61 (D.C. Cir. 1979). However, the State

of Florida does have a fully approved

part D NSR rule.

Finally, for purposes of redesignation,

the Tampa SIP was reviewed to ensure

that all requirements of section

110(a)(2), containing general SIP

elements, were satisfied. As noted

above, EPA believes the SIP satisfies all

of those requirements.

B.2. Subpart 1 of Part D—Section 176

Conformity Plan Provisions

Section 176(c) of the CAA requires

States to revise their SIPs to establish

criteria and procedures to ensure that

Federal actions, before they are taken

conform to the air quality planning

goals in the applicable State SIP. The

requirement to determine conformity

applies to transportation plans,

programs and projects developed,

funded or approved under Title 23

U.S.C. or the Federal Transit Act

(‘‘transportation conformity’’), as well as

to all other Federal actions (‘‘general

conformity’’). Section 176 further

provides that the conformity revisions

to be submitted by the States must be

consistent with Federal conformity

regulations that the CAA required EPA

to promulgate. Congress provided for

the State revisions to be submitted one

year after the date for promulgation of

final EPA conformity regulations. When

that date passed without such

promulgation, EPA’s General Preamble

for the Implementation of Title I

informed States that its conformity

regulations would establish a submittal

date (see 57 FR 13498, 13557 (April 16,

1992)).

EPA promulgated final transportation

conformity regulations on November 24,

1993 (58 FR 62118), and general

conformity regulations on November 30,

1993 (58 FR 63214). These conformity

rules require that States adopt both

transportation and general conformity

provisions in the SIP for areas

designated nonattainment or subject to

a maintenance plan approved under

CAA section 175A. Pursuant to 40 CFR

51.396 of the transportation conformity

rule and 40 CFR 51.851 of the general

conformity rule, the State of Florida is

required to submit a SIP revision

containing transportation conformity

criteria and procedures consistent with

those established in the Federal rule by

November 25, 1994. Similarly, the State

of Florida is required to submit a SIP

revision containing general conformity

criteria and procedures consistent with

those established in the Federal rule by
62750 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

December 1, 1994. The conformity rules

for Florida have not yet been approved.

Although this redesignation request

was submitted to EPA after the due

dates for the SIP revisions for

transportation conformity [58 FR 62188]

and general conformity [58 FR 63214]

rules, EPA believes it is reasonable to

interpret the conformity requirements as

not being applicable requirements for

purposes of evaluating the redesignation

request under section 107(d). The

rationale for this is based on a

combination of two factors. First, the

requirement to submit SIP revisions to

comply with the conformity provisions

of the Act continues to apply to areas

after redesignation to attainment.

Therefore, the State remains obligated to

adopt the transportation and general

conformity rules even after

redesignation and would risk sanctions

for failure to do so. While redesignation

of an area to attainment enables the area

to avoid further compliance with most

requirements of section 110 and part D,

since those requirements are linked to

the nonattainment status of an area, the

conformity requirements apply to both

nonattainment and maintenance areas.

Second, EPA’s federal conformity rules

require the performance of conformity

analyses in the absence of state-adopted

rules. Therefore, a delay in adopting

State rules does not relieve an area from

the obligation to implement conformity

requirements.

Because areas are subject to the

conformity requirements regardless of

whether they are redesignated to

attainment and must implement

conformity under Federal rules if State

rules are not yet adopted, EPA believes

it is reasonable to view these

requirements as not being applicable

requirements for purposes of evaluating

a redesignation request.

Therefore, with this notice, EPA is

modifying its national policy regarding

the interpretation of the provisions of

section 107(d)(3)(E) concerning the

applicable requirements for purposes of

reviewing an ozone redesignation

request. Under this new policy, for the

reasons just discussed, EPA believes

that the ozone redesignation request for

the Tampa area may be approved

notwithstanding the lack of submitted

and approved state transportation and

general conformity rules.

B.3. Subpart 2 of Part D—Section 182(a)

Requirements

The CAA was amended on November

15, 1990, Public Law 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

EPA was required to classify O3

nonattainment areas according to the

severity of their problem. The Tampa

area was designated as marginal O3

nonattainment (See 40 CFR 81.310).

Because this area is marginal, the area

must meet section 182(a) of the CAA.

EPA has analyzed the SIP and

determined that it is consistent with the

requirements of amended section 182.

Below is a summary of how the area has

met the requirements of these sections.

(1) Emissions Inventory

The CAA required an inventory of all

actual emissions from all sources, as

described in section 172(c)(3) by

November 15, 1992. On November 16,

1992, FDEP submitted an emission

inventory for the Tampa area. This

notice is approving the base year

inventory for the Tampa area.

(2) Reasonably Available Control

Technology (RACT)

To be redesignated, all SIP revisions

required by section 182(a)(2)(A) and

182(b)(2) concerning RACT

requirements must have been submitted

to EPA and fully approved. Florida has

met all RACT requirements.

(3) Emissions Statements

Section 182(a)(3) of the CAA required

a SIP submission by November 15, 1992,

to require stationary sources of NOX and

VOCs to provide statements of actual

emissions. Florida submitted an annual

emissions statement SIP revision on

November 13, 1992. This revision was

approved in the Federal Register on

August 4, 1994.

3. Fully Approved SIP Under Section

110(k) of the CAA

Based on the approval of provisions

under the pre-amended CAA and EPA’s

prior approval of SIP revisions under

the 1990 Amendments, EPA has

determined that the Tampa area has a

fully approved SIP under section 110(k),

which also meets the applicable

requirements of section 110 and part D

as discussed above.

4. Improvement in Air Quality Due to

Permanent and Enforceable Measures

Under the pre-amended CAA, EPA

approved the Florida SIP control

strategy for the Tampa nonattainment

area, satisfied that the rules and the

emission reductions achieved as a result

of those rules were enforceable. The

control measures to which the emission

reductions are attributed are VOC RACT

regulations, the Federal Motor Vehicle

Control Program (FMVCP), and lower

Reid Vapor Pressure (RVP). VOC

emissions from stage I sources were

reduced by 40% in 1990 due to VOC

RACT. The FMVCP reduced VOC

emissions from motor vehicles by 14.2%

from 1988 to 1990. The reduction in

RVP from 10.8 psi in 1988 to 9.0 psi in

1990 has reduced summertime VOC

mobile source emissions by 30.8%.

In association with its emission

inventory discussed below, the State of

Florida has demonstrated that actual

enforceable emission reductions are

responsible for the air quality

improvement and that the VOC

emissions in the base year are not

artificially low due to local economic

downturn. EPA finds that the

combination of existing EPA-approved

state and federal measures contribute to

the permanence and enforceability of

reduction in ambient O3 levels that have

allowed the area to attain the NAAQS.

5. Fully Approved Maintenance Plan

Under Section 175A

Section 175A of the CAA sets forth

the elements of a maintenance plan for

areas seeking redesignation from

nonattainment to attainment. The plan

must demonstrate continued attainment

of the applicable NAAQS for at least ten

years after the Administrator approves a

redesignation to attainment. Eight years

after the redesignation, the State must

submit a revised maintenance plan

which demonstrates attainment for the

ten years following the initial ten-year

period. To provide for the possibility of

future NAAQS violations, the

maintenance plan must contain

contingency measures, with a schedule

for implementation, adequate to assure

prompt correction of any air quality

problems. In this notice, EPA is

approving the State of Florida’s

maintenance plan for the Tampa area

because EPA finds that Florida’s

submittal meets the requirements of

section 175A.

A. Emissions Inventory—Base Year

Inventory

On November 16, 1992, the State of

Florida submitted comprehensive

inventories of VOC, NOX, and CO

emissions from the Tampa area. The

inventories include biogenic, area,

stationary, and mobile sources using

1990 as the base year for calculations to

demonstrate maintenance. The 1990

inventory is considered representative

of attainment conditions because the

NAAQS was not violated during 1990.

EPA is approving the 1990 base year

inventory in this document.

The State submittal contains the

detailed inventory data and summaries

by county and source category. The

comprehensive base year emissions

inventory was submitted in the NEDS

format. Finally, this inventory was

prepared in accordance with EPA

guidance. It also contains summary
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62751

tables of the base year and projected

maintenance year inventories. EPA’s

TSD contains more in-depth details

regarding the base year inventory for the

Tampa area.

VOC EMISSIONS INVENTORY SUMMARY

[Tons per day]

1990 1994 1997 2000 2005

Stationary Point ........................................................................................ 16.59 24.52 25.16 25.86 26.64

Stationary Area ........................................................................................ 101.00 104.61 109.44 114.34 120.13

On-Road Mobile ....................................................................................... 166.12 90.96 87.97 84.73 87.43

Non-Road Mobile ..................................................................................... 51.41 55.36 57.56 59.76 62.58

Biogenics .................................................................................................. 97.89 97.89 97.89 97.89 97.89

Total ............................................................................................... 433.01 373.07 378.02 382.59 394.67

NOx EMISSIONS INVENTORY SUMMARY

[Tons per day]

1990 1994 1997 2000 2005

Stationary Point ........................................................................................ 319.76 336.02 317.83 320.02 338.84

Stationary Area ........................................................................................ 9.96 10.67 11.08 11.48 12.08

On-Road Mobile ....................................................................................... 121.47 109.89 114.00 111.80 113.25

Non-Road Mobile ..................................................................................... 41.60 44.61 47.01 49.40 52.61

Total ............................................................................................... 492.79 501.19 489.92 492.70 516.78

CO EMISSIONS INVENTORY SUMMARY

[Tons per day]

1990

Stationary Point ................................................................................................................................................................................... 33.49

Stationary Area .................................................................................................................................................................................... 16.36

On-Road Mobile ................................................................................................................................................................................... 942.60

Non-Road Mobile ................................................................................................................................................................................. 365.54

Total .......................................................................................................................................................................................... 1357.99

B. Demonstration of Maintenance—

Projected Inventories

Total VOC and NOX emissions were

projected from 1990 base year out to

2005, with interim years of 1994, 1997,

and 2000. These projected inventories

were prepared in accordance with EPA

guidance. The projections show that

VOC emissions are expected to decrease

38.34 tons or 8.85% from the level of

the base year inventory during this time

period. The NOX emissions do show a

slight increase of 23.99 tons or 4.87%

from 1990 to 2005, but the State has

demonstrated as discussed below that

the projected increases will not

adversely affect the maintenance of the

O3 NAAQS.

The Empirical Kinetics Modeling

Approach (EKMA) was used to

demonstrate the impact of NOX

emission increases on maximum O3

formation. The EKMA analysis showed

that the projected future mix of

emissions will not cause a violation of

the NAAQS. EPA EKMA guidance

documents were used in developing

model inputs. The model was run using

1988 meteorological conditions and

monitored O3, NOX and nonmethane

organic compound (NMOC)

concentration data for May 16, 1988,

June 3, 1988, and June 23, 1988, and

was run in the EKMA calculate mode.

These days had observed O3 maximum

concentrations of 0.118, 0.113, and

0.115 parts per million (ppm)

respectively. The monitored NMOC/

NOX ratios of 6.876, 8.298, and 5.180

were used as input. The EKMA

predicted a minimum decrease in O3

concentration of 1.5% from 1990 to

2005.

The model output indicated a

continual decrease in the maximum

model-predicted O3 with each increase

in NOX emissions over the 1990 base

case inventory. Additionally, the

modeling indicated that the mix of

emissions as indicated in the 2005

inventory (11.4% VOC reductions and

4.8% NOX increase over the 1990

inventory) produced lower O3 levels

than the base case. Thus, the analysis

indicates that, not withstanding the

projected increase in NOX emissions,

the Tampa area should continue to

maintain the standard throughout the

maintenance period.

C. Contingency Plan

The level of VOC emissions in the

Tampa area will largely determine its

ability to stay in compliance with the O3

NAAQS in the future. Despite the

State’s best efforts to demonstrate

continued compliance with the NAAQS,

the ambient air pollutant concentrations

may exceed or violate the NAAQS.

Therefore, Florida has provided

contingency measures with a schedule

for implementation in the event of a

future O3 air quality problem. In the

case of a violation of the O3 NAAQS, the

plan contains a contingency to

implement additional control measures

such as reinstatement of NSR, less

volatile or reformulated gasoline,

expansion of control strategies to

adjacent counties for VOC and/or NOX

and to new CTG categories, or an
62752 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

enhanced vehicle emissions inspection

program. A complete description of

these contingency measures and their

triggers can be found in the State’s

submittal. EPA finds that the

contingency measures provided in the

State submittal meet the requirements of

section 175A(d) of the CAA.

D. Subsequent Maintenance Plan

Revisions

In accordance with section 175A(b) of

the CAA, the State has agreed to submit

a revised maintenance SIP eight years

after the area is redesignated to

attainment. Such revised SIP will

provide for maintenance for an

additional ten years.

Final Action

In this action, EPA is approving the

Tampa area O3 maintenance plan

submitted on February 7, 1995, because

it meets the requirements of section

175A. In addition, the Agency is

approving the request and redesignating

the Tampa nonattainment area to

attainment, because the State has

demonstrated compliance with the

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

redesignation. EPA is also approving the

1990 base year emissions inventory for

the Tampa area submitted on November

16, 1992. 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 will be effective

February 5, 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 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 February 5,

1996.

The O3 SIP is designed to satisfy the

requirements of part D of the CAA and

to provide for attainment and

maintenance of the O3 NAAQS. This

final redesignation should not be

interpreted as authorizing the State to

delete, alter, or rescind any of the VOC

or NOX emission limitations and

restrictions contained in the approved

O3 SIP. Changes to O3 SIP VOC

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 nonimplementation [section 173(b) of the

CAA] and in a SIP deficiency call made

pursuant to section 110(a)(2)(H) of the

CAA.

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 February 5, 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 Act, 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. section 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

sections 603 and 604. Alternatively,

EPA may certify 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

government entities with jurisdiction

over populations of less than 50,000.

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

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 small entities. 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.

sections 7410 (a)(2) and 7410 (k)(3).

Redesignation of an area to attainment

under section 107(d)(3)(E) of the CAA

does not impose any new requirements

on small entities. Redesignation is an

action that affects the status of a

geographical area and does not impose

any regulatory requirements on sources.

The Administrator certifies that the

approval of the redesignation request

will not affect a substantial number of

small entities.

Unfunded Mandates

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 Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also

require the private sector to perform

certain duties. To the extent that the

rules being approved by this action will

impose no new requirements; 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. EPA has also determined that

this final action does not include a

mandate that may result in estimated

costs of $100 million or more to State,

local, or tribal governments in the

aggregate or to the private sector.
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62753

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen Dioxide, Ozone.

40 CFR Part 81

Air pollution control, National parks,

Wilderness areas.

Dated: October 19, 1995.

Patrick M. Tobin,

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)(89) to read as

follows:

§ 52.520 Identification of plan.

* * * * *

(c) * * *

(89) The maintenance plan for Tampa,

Florida, submitted by the Florida

Department of Environmental Protection

on February 7, 1995.

(i) Incorporation by reference. Tampa

Redesignation Request and Attainment/

Maintenance Plan for the Tampa Bay

Florida Ozone Nonattainment Area

including Emissions Inventory

Summary and Projections adopted on

November 16, 1994.

(ii) Other material. None.

PART 81—[AMENDED]

Subpart C—Section 107 Attainment

Status Designations

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.310 the ‘‘Florida-Ozone’’

table is amended by removing the entry

for ‘‘Tampa-St. Petersburg-Clearwater

Area;’’ and by adding entries for

Hillsborough and Pinellas Counties in

alphabetical order; and by revising the

entry ‘‘Rest of State’’ to read

‘‘Statewide.’’

§ 81.310 Florida.

* * * * *

FLORIDA-OZONE

Designated Area

Designation Classification

Date 1 Type Date 1 Type

Statewide ............................................................................................................ .......................... Unclassifiable/

Attainment

.................... ....................

* * * * * * *

Hillsborough County ............................................................................................ February 5,

1996.

.......................... .................... ....................

* * * * * * *

Pinellas County ................................................................................................... February 5,

1996.

.......................... .................... ....................

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–29817 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[AD–FRL–5341–7]

Clean Air Act Interim Approval of

Operating Permits Program; San Diego

Air Pollution Control District, California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is promulgating

direct final interim approval of the title

V operating permits program submitted

by the California Air Resources Board,

on behalf of the San Diego Air Pollution

Control District (San Diego or District),

for the purpose of complying with

federal requirements for an approvable

state program to issue operating permits

to all major stationary sources and to

certain other sources. In addition,

today’s action promulgates direct final

approval of San Diego’s mechanism for

receiving delegation of section 112

standards as promulgated.

DATES: This direct final rule is effective

on February 5, 1996 unless adverse or

critical comments are received by

January 8, 1996. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the District’s

submittal and other supporting

information used in developing this

direct final rule are available for public

inspection (docket number CA SD–95–

1–OPS) during normal business hours at

the following location: Operating

Permits Section (A–5–2), Air and Toxics

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT:

Celia Bloomfield (telephone 415/744–

1249), Operating Permits Section (A–5–

2), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act

Amendments (sections 501–507 of the

Clean Air Act (Act)), and implementing

regulations at 40 Code of Federal

Regulations (CFR) part 70 (part 70),

require that states develop and submit

operating permits programs to EPA by

November 15, 1993, and that EPA act to

approve or disapprove each program

within 1 year after receiving the

submittal. The EPA’s program review

occurs pursuant to section 502 of the

Act and the part 70 regulations, which

together outline criteria for approval or

disapproval. Where a program

substantially, but not fully, meets the

requirements of part 70, EPA may grant

the program interim approval for a

period of up to 2 years. If EPA has not

fully approved a program by 2 years