Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations 28905

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.

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 If the final rule is withdrawn,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
28906 Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 /Rules and Regulations

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:

§ 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]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6014–5]

Delegation of National Emission

Standards for Hazardous Air Pollutants

for Source Categories; State of

Nevada; Nevada Division of

Environmental Protection; Washoe

County District Health Department

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to delegate the authority to

implement and enforce specific national

emission standards for hazardous air

pollutants (NESHAPs) to the Nevada

Division of Environmental Protection

(NDEP) and the Washoe County District

Health Department (WCDHD) in

Nevada. EPA is also approving

WCDHD’s program for receiving

delegation of unchanged NESHAPs

applicable to sources not subject to Title

V of the 1990 Clean Air Act

Amendments. The preamble outlines

the process that NDEP and WCDHD will