[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 41-46]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32234]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[FL54-1-6026a; FRL-5089-2]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Florida

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On June 23, 1993, the State of Florida, through the Florida 
Department of Environmental Protection (FDEP), submitted a maintenance 
plan and a request to redesignate the Duval County area from 
transitional nonattainment to attainment for ozone (O<INF>3). The 
O<INF>3 nonattainment area consists only of Duval County. Under the 
Clean Air Act (CAA), designations can be revised if sufficient data are 
available to warrant such revisions. 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 approving 
the 1990 base year emissions inventory. The approved maintenance plan 
will become a federally enforceable part of the State Implementation 
Plan (SIP) for the Duval County nonattainment area.

DATES: This final rule will be effective March 6, 1995 unless adverse 
or critical comments are received by February 2, 1995. 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 IV Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365
Air Resources Management Division, Florida Department of Environmental 
Protection, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399-2400

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555 ext. 4215. Reference file FL54-1-6026.

SUPPLEMENTARY INFORMATION: The CAA, as amended in 1977 (1977 Act) 
required areas that were designated nonattainment based on a failure to 
meet the O<INF>3 national ambient air quality standard (NAAQS) to 
develop SIPs with sufficient control measures to expeditiously attain 
and maintain the standard. Duval County was designated under section 
107 of the 1977 Act as nonattainment with respect to the O<INF>3 NAAQS 
on March 3, 1978. [43 FR 8964, 40 CFR Section 81.310] In accordance 
with section 110 of the 1977 Act, the State submitted a part D O<INF>3 
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. 
Secs. 7401-7671q]. The nonattainment designation of Duval County was 
continued by operation of law pursuant to section 107(d)(1)(C)(i) of 
the 1990 Amendments. Furthermore, it was classified by operation of law 
as transitional for O<INF>3 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.)
    Duval County more recently has ambient monitoring data that show no 
violations of the O<INF>3 NAAQS, during the period from 1987 through 
1993. In addition, there have been no exceedences reported for the 1994 
O<INF>3 season, to date. Therefore, in an effort to comply with the 
amended CAA and to ensure continued attainment of the NAAQS, Florida 
submitted an O<INF>3 maintenance SIP for the Duval County area on June 
23, 1993, and a supplemental revision on August 23, 1994. Florida also 
requested redesignation of the area to attainment with respect to the 
O<INF>3 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; [[Page 42]] 
    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 Duval County 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 O<INF>3 NAAQS

    The Florida request is based on an analysis of quality assured 
O<INF>3 air quality data which is relevant to the maintenance plan and 
to the redesignation request. The ambient air O<INF>3 monitoring data 
for calendar year 1987 through calendar year 1989 show an expected 
exceedence rate for the O<INF>3 standard of less than 1.0 per year of 
the O<INF>3 NAAQS in the Duval County area, resulting in a 
classification of transitional. The most recent ambient O<INF>3 data 
for the calendar year 1991 through 1993 continued to show an expected 
exceedence rate of less than 1.0 per year of the O<INF>3 NAAQS in the 
Duval County area. (See 40 CFR 50.9 and appendix H). Because the Duval 
County area has complete quality-assured data showing no violations of 
the standard over the most recent consecutive three calendar year 
period, the Duval County area has met the first statutory criterion of 
attainment of the O<INF>3 NAAQS. In addition, there have been no 
ambient air exceedences to date in 1994 for O<INF>3. 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 Duval 
County 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 Act, 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.

A. Section 110 Requirements

    Although section 110 was amended by the 1990 Amendments, the Duval 
County 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 Act. 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 Duval County 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) or table 3 of section 186(a). Subpart 2 requirements, 
however, are not applicable to transitional areas. The Duval County 
area was classified as transitional (See 56 FR 56694, codified at 40 
CFR Sec. 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 not subject to the 
requirements of subpart 2 of part D. EPA interprets section 
107(d)(3)(E)(v) to mean that, for a redesignation request to be 
approved, the State must have met all requirements that became 
applicable to the subject area prior to or at the time of the 
submission of the redesignation request. Requirements of the Act that 
come due subsequent to the submission of the redesignation request 
continue to be applicable to the area (see section 175A(c)) and, if the 
redesignation is disapproved, the state remains obligated to fulfill 
those requirements.
    With the exception of the RACT requirement, for transitional 
O<INF>3 nonattainment areas that attained the standard as of December 
31, 1991, EPA has not determined that the section 172(c) requirements 
were applicable prior to November 15, 1993. Thus, no section 172(c) 
requirements other than the RACT requirement are applicable 
requirements for purposes of this redesignation. For RACT, EPA has 
stated that transitional ozone nonattainment areas must correct any 
enforceability deficiencies in their existing RACT rules prior to being 
redesignated to attainment. The State corrected all identified 
deficiencies in the State RACT regulations. The regulations apply in 
Duval County.
    Section 176(c) of the Act 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. of 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 States must be consistent with 
Federal conformity regulations that the Act 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, USEPA'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)].
    The USEPA promulgated final transportation conformity regulations 
on November 24, 1993 (58 FR 62188) 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 1775A. Pursuant to section 51.396 of 
the transportation conformity rule and section 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, Florida is required to submit a SIP revision 
containing general conformity criteria and procedures consistent with 
those established in the Federal rule by December 1, 1994. Because the 
deadlines for these submittals have not yet come due, they are not 
applicable requirements under section 107(d)(3)(E)(v) and, thus, do not 
affect approval of this redesignation request.
[[Page 43]]

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 Duval County 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 Duval County 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 volatile organic compound (VOC) reasonably available 
control technology (RACT) regulations, Stage I vapor recovery 
provisions, Federal Motor Vehicle Control Program (FMVCP), and lower 
Reid Vapor Pressure (RVP). RACT regulations reduced VOC emissions from 
those sources subject to RACT by 28% from 1977 through 1990. Stage I 
controls applicable to gasoline stations previously not subject to 
regulations reduced VOC emissions from those sources by 82% from 1981 
through 1990. The FMVCP reduced VOC emissions from motor vehicles by 
31.82% from 1985 to 1992. The reduction in RVP from 11.5 psi in 1985 to 
7.8 psi in 1992 has reduced summertime VOC mobile source emissions by 
25.36%.
    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 O<INF>3 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 Duval County 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 VOCs, nitrogen oxides (NO<INF>X), and carbon monoxide 
(CO) emissions from the Duval County 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. This inventory is being approved in this 
notice.
    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 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 Duval County area.

                                         VOC Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
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                                                     1990         1994         1997         2000         2005   
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Stationary point...............................        15.60        17.01        18.14        19.20        20.87
Stationary area................................        51.25        46.00        44.65        45.71        39.24
Highway mobile.................................        82.49        54.24        51.10        49.09        48.33
Non-Highway mobile.............................        24.63        26.36        27.22        29.10        29.41
Biogenic.......................................        45.53        45.53        45.53        45.53        45.53
                                                ----------------------------------------------------------------
    Total......................................       219.50       189.14       186.64       188.63       183.38
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                                         NO<INF>X Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
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                                                     1990         1994         1997         2000         2005   
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Stationary point...............................       101.16       103.21       103.47       105.95       108.87
Stationary area................................         8.37        12.54        13.03        13.72        14.67
On-Road mobile.................................        61.40        60.60        59.92        58.91        59.11
Non-Road mobile................................        21.07        21.71        22.26        22.83        23.74
                                                ----------------------------------------------------------------
    Total......................................       192.00       198.06       198.68       201.41       206.39
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                     CO Emissions Inventory Summary                     
                             [Tons per day]                             
------------------------------------------------------------------------
                                                                    1990
------------------------------------------------------------------------
Stationary point...............................................     30.6
Stationary area................................................      7.6
On-Road mobile.................................................    452.7
Non-Road mobile................................................    155.3
                                                                --------
    Total......................................................    646.2
------------------------------------------------------------------------

B. Demonstration of Maintenance--Projected Inventories

    Total VOC and NO<INF>X 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 36.12 
tons or 16.5% from the level of the base year inventory during this 
time period. The NO<INF>X emissions do show a slight increase of 14.39 
tons or 7.5% from 1990 to 2005, but the total precursors of ozone 
decrease from 411.5 tons to 389.77 tons for a reduction by 21.73 tons 
or 5.3%. Duval County attained the NAAQS through a VOC control 
strategy.
    The Empirical Kinetics Modeling Approach (EKMA) was used to 
demonstrate the impact of NO<INF>X emission increases on maximum ozone 
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 
1987 meteorological conditions and monitored ozone, NO<INF>X and 
nonmethane organic compound (NMOC) concentration data for July 10, 
1987, and was run in the EKMA calculate mode. This day had an observed 
ozone maximum concentration of 0.118 parts per million (ppm). The 
monitored NMOC/NO<INF>X ratio of 4.13 was used as input. The model was 
run five times using the following mix of emissions:
    (1) 1990 VOC and NO<INF>X emissions (base case);
    (2) base case with 7.5% increased NO<INF>X;
    (3) base case with 15% increased NO<INF>X;
    (4) base case with 30% increased NO<INF>X; and
    (5) base case with 7.5% increased NO<INF>X and 16% NMOC 
reductions). The EKMA predicted an ozone maximum of 0.097 ppm using the 
1990 base case emissions. This model concentration under-predicted the 
observed ozone maximum (0.118 ppm) by 18%.
    The model output indicated a continual decrease in the maximum 
model-predicted ozone with each increase in NO<INF>X emissions over the 
1990 base case inventory (see table). Additionally, the modeling 
indicated that the mix of emissions as indicated in the 2005 inventory 
(16% VOC reductions and 7.5% NO<INF>X increase over the 1990 inventory) 
produced lower ozone levels than the base case. Thus, the analysis 
indicates that, not withstanding the projected increase in NO<INF>X 
emissions, the Jacksonville area should continue to maintain the 
standard throughout the maintenance period.
July 10:
Base case: 0.09744 ppm
Base case +7.5% NO<INF>X: 0.09624 ppm
Base case +15% NO<INF>X: 0.09512 ppm
Base case +30% NO<INF>X: 0.09287 ppm
Base case -16% NMOC + 7.5% NO<INF>X: 0.09459 ppm

C. Verification of Continued Attainment

    Continued attainment of the O<INF>3 NAAQS in the Duval County area 
depends, in part, on the State's efforts toward tracking indicators of 
continued attainment during the maintenance period. The State has also 
committed to submitting periodic inventories of VOC and NO<INF>X 
emissions every three years. Duval County's contingency plan is 
triggered by two indicators, a violation of the O<INF>3 NAAQS or a 
periodic inventory update that shows emissions of VOCs have increased 
by at least five percent above the 1990 levels.

D. Contingency Plan

    The level of VOC emissions in the Duval County area will largely 
determine its ability to stay in compliance with the O<INF>3 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 O<INF>3 air quality problem. In the case of a violation of the 
O<INF>3 NAAQS, the plan contains a contingency to implement additional 
control measures such as reinstatement of NSR, less volatile or 
reformulated gasoline, NO<INF>X Reasonable Available Control Technology 
(RACT), Stage II vapor recovery, expansion of control strategies to 
adjacent counties for VOC and/or NO<INF>X and to new control technique 
guidelines (CTG) categories, and an enhanced vehicle emissions 
inspection program. The plan also contains a secondary trigger that 
will apply where no actual violation of the NAAQS has occurred. This 
trigger occurs if a periodic inventory update shows emissions of VOCs 
have increased by five percent above the 1990 levels. On the occurrence 
of the secondary trigger, the State will complete an evaluation within 
six months to determine the most cost-effective means for lowering VOC 
emissions to the 1990 levels. 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.

E. 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 Duval County O<INF>3 
maintenance plan because it meets the requirements of section 175A. EPA 
is also approving the 1990 base year inventory summary. In addition, 
the EPA is approving the request and redesignating the Duval County 
area to attainment, because the State has demonstrated compliance with 
the requirements of section 107(d)(3)(E) for redesignation. The EPA is 
publishing this action without prior proposal because the EPA 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 
March 6, 1995 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 March 6, 1995.
    The O<INF>3 SIP is designed to satisfy the requirements of part D 
of the CAA and to provide for attainment and maintenance of the O<INF>3 
NAAQS. This final redesignation should not be [[Page 45]] interpreted 
as authorizing the State to delete, alter, or rescind any of the VOC or 
NO<INF>X emission limitations and restrictions contained in the 
approved O<INF>3 SIP. Changes to O<INF>3 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 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.
    Under section 307(b)(1) of the CAA, 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 March 6, 
1995. 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 CAA, 42 U.S.C. 7607 (b)(2).]
    Nothing in this action shall be construed as permitting, 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.
    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. section 
7410(a)(2).
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12291.

List of Subjects

40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, and Ozone.

40 CFR Part 81

    Air pollution control, National parks, and Wilderness areas.

    Dated: September 28, 1994.
Joe R. Franzmathes,
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)(81) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (81) The maintenance plan for Duval County submitted by the Florida 
Department of Environmental Protection on June 23, 1993, as part of the 
Florida SIP.
    (i) Incorporation by reference.
    (A) Duval County Ozone Ten Year Maintenance Plan including 
Emissions Inventory Summary and Projections effective on August 23, 
1994.
    (ii) Other material. None.
* * * * *

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671.

Subpart C--Section 107 Attainment Status Designations

    2. In Sec. 81.310 the attainment status table for ``Florida-Ozone'' 
is amended by removing the entire entry for ``Jacksonville Area Duval 
County'' and adding a new entry in alphabetical order under the heading 
``Rest of State'' to read as follows:

----------------------------------------------------------------------------------------------------------------
                                       Designation                                 Classification               
   Designated area    ------------------------------------------------------------------------------------------
                              Date\1\                 Type                 Date\1\                  Type        
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Duval County.........  March 6, 1995.......  .....................  .....................  .....................
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      


[[Page 46]] [FR Doc. 94-32234 Filed 12-30-94; 8:45 am]
BILLING CODE 6560-50-P