[Federal Register Volume 63, Number 101 (Wednesday, May 27, 1998)]
[Rules and Regulations]
[Pages 28905-28906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13989]



[[Page 28905]]

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withdrawn, timely notice will be published in the Federal Register.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