Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 41

Illinois’ August 15, 1994, withdrawal of

its SIP submission, in the proposed

rules section of this Federal Register

USEPA is withdrawing its May 13,

1993, proposed site-specific RACT

requirements for Allsteel’s paint

operations and its June 18, 1993,

proposal to disapprove the State’s SIP

submission and to promulgate a new

rule for the adhesive operations. In this

final rule USEPA is withdrawing the

May 31, 1991, and the June 4, 1993,

stays pending reconsideration, since

they are no longer necessary to complete

reconsideration of the subject rules. It

should be noted that USEPA’s June 29,

1990, FIP regulations remain in place.

Pursuant to the good cause exception

in section 553(b)(B) of the

Administrative Procedure Act, USEPA

is taking final action without proposal.

The USEPA believes notice-andcomment rulemaking is unnecessary to

rescind the stay of the FIP rules because

the stay affects only one party and that

party requested the stay. Furthermore,

there were no comments when USEPA

initially promulgated the stay. In

addition, USEPA believes it is in the

public interest to forego notice-andcomment rulemaking and to rescind the

stay as expeditiously as possible

because (1) Allsteel has withdrawn the

petition for reconsideration upon which

the stay was based, and (2) as a result

of the rescission of the stay, the June 29,

1990 FIP regulations are fully

enforceable.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Volatile organic

compound.

Dated: December 23, 1994.

Carol M. Browner,

Administrator.

For the reasons stated in the

preamble, part 52, chapter 1, title 40 of

the 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 O—Illinois

§ 52.74 [Amended]

2. Section 52.741 is amended by

removing and reserving paragraphs

(z)(1)(ii) and (z)(5), and in paragraph

(z)(1)(i), by removing the semicolon and

the word ‘‘and’’ at the end of the

paragraph and adding a period.

[FR Doc. 94–32278 Filed 12–30–94; 8:45 am]

BILLING CODE 6560–50–P

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.

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 (O3). The O3

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 O3 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 O3

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 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 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 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.)

Duval County more recently has

ambient monitoring data that show no

violations of the O3 NAAQS, during the

period from 1987 through 1993. In

addition, there have been no

exceedences reported for the 1994 O3

season, to date. Therefore, in an effort to

comply with the amended CAA and to

ensure continued attainment of the

NAAQS, Florida submitted an O3

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 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;
42 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

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 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 air

O3 monitoring data for calendar year

1987 through calendar year 1989 show

an expected exceedence rate for the O3

standard of less than 1.0 per year of the

O3 NAAQS in the Duval County area,

resulting in a classification of

transitional. The most recent ambient O3

data for the calendar year 1991 through

1993 continued to show an expected

exceedence rate of less than 1.0 per year

of the O3 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 O3 NAAQS. In

addition, there have been no ambient air

exceedences to date in 1994 for O3.

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

§ 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 O3

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.
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 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 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 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

(NOX), 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]

1990 1994 1997 2000 2005

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

NOX Emissions Inventory Summary

[Tons per day]

1990 1994 1997 2000 2005

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
44 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

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 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

36.12 tons or 16.5% from the level of

the base year inventory during this time

period. The NOX 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 NOX

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, NOX 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/NOX ratio of 4.13 was used as

input. The model was run five times

using the following mix of emissions:

(1) 1990 VOC and NOX emissions

(base case);

(2) base case with 7.5% increased

NOX;

(3) base case with 15% increased

NOX;

(4) base case with 30% increased

NOX; and

(5) base case with 7.5% increased

NOX 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 NOX 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% NOX increase over

the 1990 inventory) produced lower

ozone levels than the base case. Thus,

the analysis indicates that, not

withstanding the projected increase in

NOX 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% NOX: 0.09624 ppm

Base case +15% NOX: 0.09512 ppm

Base case +30% NOX: 0.09287 ppm

Base case ¥16% NMOC + 7.5% NOX:

0.09459 ppm

C. Verification of Continued Attainment

Continued attainment of the O3

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 NOX emissions every three years.

Duval County’s contingency plan is

triggered by two indicators, a violation

of the O3 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 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, NOX Reasonable Available

Control Technology (RACT), Stage II

vapor recovery, expansion of control

strategies to adjacent counties for VOC

and/or NOX 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 costeffective 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 O3 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 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
Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations 45

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 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:

§ 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 § 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:

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Duval County .................... March 6, 1995 ...................

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.
46 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Rules and Regulations

[FR Doc. 94–32234 Filed 12–30–94; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 410 and 414

[BPD–789–CN]

RIN 0938–AG52

Medicare Program; Refinements to

Geographic Adjustment Factor Values,

Revisions to Payment Policies,

Adjustments to the Relative Value

Units (RVUs) Under the Physician Fee

Schedule for Calendar Year 1995, and

the 5-Year Refinement of RVUs

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction of final rule with

comment period.

SUMMARY: This document corrects

technical errors that appeared in the

final rule with comment period

published in the Federal Register on

December 8, 1994 (59 FR 63410) entitled

‘‘Medicare Program; Refinements to

Geographic Adjustment Factor Values,

Revisions to Payment Policies,

Adjustments to the Relative Value Units

(RVUs) Under the Physician Fee

Schedule for Calendar Year 1995, and

the 5-Year Refinement of RVUs.’’

EFFECTIVE DATE: January 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Holland, (410) 966–1309.

SUPPLEMENTARY INFORMATION:

Background

In the Federal Register Document

[94–29916] dated December 8, 1994

beginning on page 63410, there were a

number of technical and typographical

errors in the preamble, in one section of

the regulations text, and in two of the

addenda. The corrections appear later in

this document, under the heading

‘‘Correction of Errors.’’

In Table 6, Anesthesia Codes and

Imputed RVUs, beginning on page

63456, we omitted the entry for HCPCS

code 00534 and should not have

included HCPCS code 00806. Also in

Table 6, due to a transcription error, the

‘‘descriptions’’ were incorrect for

HCPCS codes 00540 through 00802.

In the regulations text, § 414.39,

appearing at page 63463, the text does

not agree with the preamble description

of it on page 63418 relating to payment

of physician oversight services.

In Addendum B, Relative Value Units

(RVUs) and Related Information, on

page 63497, for HCPCS code 33247, the

incorrect work RVUs (9.36) and

incorrect total RVUs (25.06) were

printed. The correct work RVUs for

HCPCS code 33247 are 9.76 and the

correct total RVUs are 25.36.

In Addendum G, Reference Set with

1995 Work RVUs, we inadvertently

included some codes and omitted other

codes. Thus, we are reprinting a

corrected Addendum G in its entirety.

The codes that were incorrectly

included are listed below.

CODES TO BE DELETED FROM ADDENDUM G

HCPCS1 Description Work RVU

10040 ................. Acne surgery ........................................................................................................................................................... 1.34

10080 ................. Drainage of pilonidal cyst ........................................................................................................................................ 1.62

11042 ................. Cleansing of skin/tissue ........................................................................................................................................... 1.12

11050 ................. Trim skin lesion ....................................................................................................................................................... 0.43

11051 ................. Trim 2 to 4 skin lesions ........................................................................................................................................... 0.66

14041 ................. Skin tissue rearrangement ...................................................................................................................................... 10.74

14061 ................. Skin tissue rearrangement ...................................................................................................................................... 11.42

15732 ................. Muscle-skin graft, head/neck ................................................................................................................................... 12.10

15822 ................. Revision of upper eyelid .......................................................................................................................................... 4.27

15851 ................. Removal of sutures ................................................................................................................................................. 0.86

16000 ................. Initial treatment of burn(s) ....................................................................................................................................... 0.89

16025 ................. Treatment of burn(s) ................................................................................................................................................ 1.85

22505 ................. Manipulation of spine .............................................................................................................................................. 1.77

26990 ................. Drainage of pelvis lesion ......................................................................................................................................... 6.76

27125 ................. Partial hip replacement ............................................................................................................................................ 13.21

28450 ................. Treat midfoot fracture, each .................................................................................................................................... 1.77

28515 ................. Treatment of toe fracture ......................................................................................................................................... 1.36

31579 ................. Diagnostic laryngoscopy .......................................................................................................................................... 2.26

32005 ................. Treat lung lining chemically ..................................................................................................................................... 2.19

32095 ................. Biopsy through chest wall ....................................................................................................................................... 7.13

33249 ................. Insert/replace leads/gener ....................................................................................................................................... 12.83

33510 ................. Cabg, vein, single .................................................................................................................................................... 23.29

35381 ................. Rechanneling of artery ............................................................................................................................................ 14.50

43226 ................. Esophagus endoscopy, dilation ............................................................................................................................... 2.34

43640 ................. Vagotomy & pylorus repair ...................................................................................................................................... 13.28

43820 ................. Fusion of stomach and bowel ................................................................................................................................. 10.43

44110 ................. Excision of bowel lesion(s) ...................................................................................................................................... 9.01

44130 ................. Bowel to bowel fusion ............................................................................................................................................. 11.09

44141 ................. Partial removal of colon ........................................................................................................................................... 17.36

45383 ................. Colonoscopy, lesion removal .................................................................................................................................. 5.87

45915 ................. Remove rectal obstruction ....................................................................................................................................... 2.09

46080 ................. Incision of anal sphincter ......................................................................................................................................... 2.35

47100 ................. Wedge biopsy of liver .............................................................................................................................................. 6.75

47510 ................. Insert catheter, bile duct .......................................................................................................................................... 7.39

48100 ................. Biopsy of pancreas .................................................................................................................................................. 10.19

49002 ................. Reopening of abdomen ........................................................................................................................................... 9.40

49421 ................. Insert abdominal drain ............................................................................................................................................. 4.89

50360 ................. Transplantation of kidney ........................................................................................................................................ 27.05

50398 ................. Change kidney tube ................................................................................................................................................ 1.46

52005 ................. Cystoscopy & ureter catheter .................................................................................................................................. 2.37