[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10325-10331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4537]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[FL56-1-6883a; FRL-5148-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On November 8, 1993, the State of Florida, through the Florida 
Department of Environmental Protection (FDEP), submitted a maintenance 
plan and a request to redesignate the Southeast Florida area from 
moderate nonattainment to attainment for ozone (O<INF>3). The Southeast 
Florida O<INF>3 nonattainment area consists of Dade, Broward and Palm 
Beach Counties. Under the Clean Air Act as amended in 1990 (CAA), 
designations can be revised if sufficient data are available to warrant 
such revisions and the CAA redesignation requirements are satisfied. In 
this action, EPA is approving Florida's request because it meets the 
maintenance plan and redesignation requirements set forth in the CAA, 
and EPA is also approving the 1990 base year emission inventory for the 
Southeast Florida area. The approved maintenance plan will become a 
federally enforceable part of the State Implementation Plan (SIP) for 
the Southeast Florida area.

DATES: This final rule is effective April 25, 1995, unless adverse or 
critical comments are received by March 27, 1995. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Joey LeVasseur, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
[[Page 10326]] Pesticides & Toxics Management Division, Region 4 
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta, 
Georgia 30365.
    Copies of the material submitted by the State of Florida may be 
examined during normal business hours at the following 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 Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
Florida Department of Environmental Regulation, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555 ext.4215. Reference file FL56-1-6883.

SUPPLEMENTARY INFORMATION: The Clean Air Act, as amended in 1977 (1977 
Act) required areas that were designated nonattainment based on a 
failure to meet the O<INF>3 national ambient air quality standard 
(NAAQS) to develop SIPs with sufficient control measures to 
expeditiously attain and maintain the standard. The Miami-Fort 
Lauderdale-West Palm Beach area (Southeast Florida), comprised of Dade, 
Broward, and Palm Beach Counties, 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 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. 
7401-7671q) The nonattainment designation of Southeast Florida 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 moderate 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).
    Southeast Florida more recently has ambient monitoring data that 
show no violations of the O<INF>3 NAAQS, during the period 1990 through 
1993. In addition, there have been no exceedences reported for the 1994 
O<INF>3 season. Therefore, in an effort to comply with the 1990 
Amendments and to ensure continued attainment of the NAAQS, Florida 
submitted an O<INF>3 maintenance SIP for the Southeast Florida area on 
November 8, 1993, and 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;
    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 Southeast Florida 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 most recent ambient O<INF>3 data for 
the calendar years 1990 through 1992 shows an exceedence rate of less 
than 1.0 per year of the O<INF>3 NAAQS in the Southeast Florida area. 
(See 40 CFR 50.9 and appendix H). Because the Southeast Florida area 
has complete quality-assured data showing no violations of the standard 
over the most recent consecutive three calendar year period, the 
Southeast Florida area has met the first statutory criterion of 
attainment of the O<INF>3 NAAQS. In addition, there have been no 
ambient air exceedences in 1993 or 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 Southeast 
Florida area as meeting the requirements of section 110(a)(2) and part 
D of the 1977 Act (46 FR 26640). The 1990 Amendments, however, modified 
section 110(a)(2) and, under part D, revised section 172 and added new 
requirements for all nonattainment areas. Therefore, for purposes of 
redesignation, to meet the requirement that the SIP contain all 
applicable requirements under the CAA, EPA has reviewed the SIP to 
ensure that it contains all measures that were due under the 1990 
Amendments prior to or at the time the State submitted its 
redesignation request. EPA interprets section 107(d)(3)(E)(v) to mean 
that for a redesignation request to be approved, the state has met all 
requirements that applied to the subject area prior to or at the time 
of the submission of a complete redesignation request. Requirements of 
the CAA that come due subsequently continue to be applicable at those 
later dates (see section 175A(c)) and, if the redesignation is 
disapproved, the state remains obligated to fulfill those requirements.

A. Section 110 Requirements

    Although section 110 was amended by the 1990 Amendments, the 
Southeast Florida SIP meets the requirements of amended section 
110(a)(2). A number of the requirements did not change in substance 
and, therefore, EPA believes that the pre-amendment SIP met these 
requirements. As to those requirements that were amended, (see 57 FR 
27936 and 23939, June 23, 1993), many are duplicative of other 
requirements of the CAA. EPA has analyzed the SIP and determined that 
it is consistent with the requirements of amended section 110(a)(2).

B. Part D Requirements

    Before Southeast Florida may be redesignated to attainment, it also 
must have fulfilled the applicable requirements of part D. Under part 
D, an area's classification indicates the requirements to which it will 
be subject. Subpart 1 of part D sets forth the basic nonattainment 
requirements applicable to all nonattainment areas, classified as well 
as nonclassifiable. Subpart 2 of part D establishes additional 
requirements for nonattainment areas classified under table 1 of 
section 181(a). The Southeast Florida area was classified as moderate 
(See 56 FR 56694, codified at 40 CFR [[Page 10327]] 81.530). Therefore, 
in order to be redesignated to attainment, the State must meet the 
applicable requirements of subpart 1 of part D, specifically sections 
172(c) and 176, and is subject to requirements of subpart 2 of part D.

B.1. Subpart 1 of Part D--Section 172(c) Plan Provisions

    Under section 172(b), the Administrator established that States 
containing nonattainment areas shall submit a plan or plan revision 
meeting the applicable requirements of section 172(c) no later than 
three years after an area is designated as nonattainment, i.e., unless 
EPA establishes an earlier date. EPA has determined that the section 
172(c)(2) reasonable further progress (RFP) requirement (with parallel 
requirements for a moderate ozone nonattainment area under subpart 2 of 
part D, due November 15, 1993) was not applicable as the State of 
Florida submitted this redesignation request on November 8, 1993. Also 
the section 172(c)(9) contingency measures and additional section 
172(c)(1) non-RACT reasonable available control measures (RACM) beyond 
what may already be required in the SIP are no longer necessary, since 
no earlier date was set for these measures and as RFP was not due until 
November 15, 1993.
    The section 172(c)(3) emissions inventory requirement has been met 
by the submission and approval (in this action) of the 1990 base year 
inventory required under subpart 2 of part D, section 182(a)(1).
    As for the section 172(c)(5) NSR requirement, EPA has determined 
that areas being redesignated need not comply with the NSR requirement 
prior to redesignation provided that the area demonstrates maintenance 
of the standard without part D NSR in effect. Memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled Part D New Source Review (part D NSR) Requirements 
for Areas Requesting Redesignation to Attainment. The rationale for 
this view is described fully in that memorandum, and is based on the 
Agency's authority to establish de minimis exceptions to statutory 
requirements. See Alabama Power Co. v. Costle, 636 F. 2d 323, 360-61 
(D.C. Cir. 1979). As discussed below, the State of Florida has 
demonstrated that the Southeast Florida area will be able to maintain 
the standard without part D NSR in effect and, therefore, the State 
need not have a fully-approved part D NSR program prior to approval of 
the redesignation request for Southeast Florida.
    Finally, for purposes of redesignation, the Southeast Florida SIP 
was reviewed to ensure that all requirements of section 110(a)(2), 
containing general SIP elements, were satisfied. As noted above, EPA 
believes the SIP satisfies all of those requirements.

B.2. Subpart 1 of Part D--Section 176 Conformity Plan Provisions

    Section 176(c) of the CAA requires States to revise their SIPs to 
establish criteria and procedures to ensure that Federal actions, 
before they are taken conform to the air quality planning goals in the 
applicable State SIP. The requirement to determine conformity applies 
to transportation plans, programs and projects developed, funded or 
approved under Title 23 U.S.C. or the Federal Transit Act 
(``transportation conformity''), as well as to all other Federal 
actions (``general conformity''). Section 176 further provides that the 
conformity revisions to be submitted by the States must be consistent 
with Federal conformity regulations that the CAA required EPA to 
promulgate. Congress provided for the State revisions to be submitted 
one year after the date for promulgation of final EPA conformity 
regulations. When that date passed without such promulgation, EPA's 
General Preamble for the Implementation of Title I informed States that 
its conformity regulations would establish a submittal date (see 57 FR 
13498, 13557 (April 16, 1992)).
    EPA promulgated final transportation conformity regulations on 
November 24, 1993 (58 FR 62118) and general conformity regulations on 
November 30, 1993 (58 FR 63214). These conformity rules require that 
States adopt both transportation and general conformity provisions in 
the SIP for areas designated nonattainment or subject to a maintenance 
plan approved under CAA section 175A. Pursuant to 40 CFR 51.396 of the 
transportation conformity rule and 40 CFR 51.851 of the general 
conformity rule, the State of Florida is required to submit a SIP 
revision containing transportation conformity criteria and procedures 
consistent with those established in the Federal rule by November 25, 
1994. Similarly, the State of Florida is required to submit a SIP 
revision containing general conformity criteria and procedures 
consistent with those established in the Federal rule by December 1, 
1994. Because the deadlines for these submittals did not come due until 
after the submission of the redesignation request for Southeast 
Florida, they are not applicable requirements under section 
107(d)(3)(E)(v) and, therefore, do not affect the approval of this 
redesignation request.

B.3. Subpart 2 of Part D--Section 182(a) and 182(b) Requirements

    Southeast Florida is a moderate ozone nonattainment area. Under 
subpart 2 of part D, such areas must meet the requirements for marginal 
areas under section 182(a)(1) as well as the requirements for moderate 
areas contained in section 182(b). As discussed above, for purposes of 
this redesignation, the Southeast Florida area need only meet those 
requirements of section 182(a) and (b) that came due prior to or at the 
time of the submittal of a complete redesignation request (which was 
November 8, 1993, in this instance). Section 182(b)(1) of the CAA 
required states to submit a revision to the SIP by November 15, 1993, 
to provide for volatile organic compound (VOC) emission reductions by 
November 15, 1996, of at least 15% from baseline emissions accounting 
for any growth in emissions after the date of enactment of the CAA. The 
State failed to submit the required revisions and as a result, on 
January 28, 1994, EPA issued a finding letter notifying Florida of a 
finding of failure to submit. This finding of failure to submit 
triggered the: (1) 18-month time clock for mandatory application of 
sanctions under section 179(a); (2) the Administrator's discretionary 
authority to impose sanctions under section 110(m); and (3) the 2-year 
time clock for promulgation of the Federal Implementation Plan (FIP) 
15% regulations for this area as required by section 110(c)(1). 
However, the letter acknowledges the submittal of this redesignation 
request to attainment and stated that if the redesignation request to 
attainment is approved then requirements for a 15% plan SIP will be 
unnecessary for the Southeast Florida area. Therefore, upon approval of 
this redesignation request, the sanctions and FIP clocks will stop. As 
the requirement to submit a 15% plan did not come due until November 
15, 1993, the 15% plan requirement is not an applicable requirement for 
purposes of the evaluation of this redesignation request. EPA has 
analyzed the SIP and determined that Florida has met all applicable 
182(a) and (b) requirements for redesignation.
a. Emissions Inventory
    Section 182(a)(1) of the CAA required an inventory of all actual 
emissions from all sources to be submitted by November 15, 1992. As 
described below, the State has submitted such an 
[[Page 10328]] inventory, and EPA is approving that inventory with this 
action.
b. Reasonably Available Control Technology
    To be redesignated, all SIP revisions required by section 
182(a)(2)(A) and 182(b)(2) concerning RACT requirements must have been 
submitted to EPA and fully approved. Florida has met all RACT 
requirements except for categories that do not have an approved control 
technique guideline (CTG). Florida's non-CTG RACT rule was submitted on 
January 8, 1993. This rule is being acted on in a separate document and 
final action will be taken prior to this redesignation becoming final.
c. Emissions Statements
    Section 182(a)(3) of the CAA required a SIP submission by November 
15, 1992, to require stationary sources of NO<INF>X and VOCs provide 
statements of actual emissions. Florida submitted an annual emissions 
statement SIP revision on November 13, 1992. This revision was approved 
in the Federal Register on August 4, 1994.
d. New Source Review
    As explained above, EPA has determined that areas need not comply 
with the part D NSR requirements of the CAA in order to be redesignated 
provided that the area is able to demonstrate maintenance without part 
D NSR in effect. As maintenance has been demonstrated for the Southeast 
Florida area, EPA is not requiring that the area have a fully-approved 
part D NSR plan meeting the requirements of sections 182 (a) and (b) 
prior to redesignation.
e. Motor Vehicle Inspection and Maintenance (I/M)
    The Southeast Florida area has an approved I/M program that meets 
the requirements of the CAA. Furthermore, the area meets the 
requirements for areas redesignating, i.e., the State has legal 
authority for I/M and the contingency plan includes enhanced I/M which 
more than meets the requirement for a contingency measure to be an 
upgraded I/M program.
f. Stage II
    Section 182(b)(3) of the CAA required moderate areas to implement 
Stage II gasoline vapor recovery systems unless and until EPA 
promulgated onboard vapor recovery regulations. On January 24, 1994, 
EPA promulgated the onboard rule. As section 202(a)(6) of the CAA 
provides that once the rule is promulgated, moderate areas are no 
longer required to implement Stage II, the Stage II vapor recovery 
requirement is no longer an applicable requirement. However, Stage II 
vapor recovery has been approved and implemented in the Southeast 
Florida area.

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 Southeast Florida 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 Southeast Florida nonattainment area, satisfied that 
the rules and the emission reductions achieved as a result of those 
rules were enforceable. The control measures to which the emission 
reductions are attributed are VOC RACT regulations, the Federal Motor 
Vehicle Control Program (FMVCP), and lower Reid Vapor Pressure (RVP). 
VOC emissions were reduced by 9% in 1990 due to VOC RACT. The FMVCP 
reduced VOC emissions from motor vehicles by 54% from 1980 to 1990. The 
reduction in RVP from 11.5 psi in 1985 to 7.8 psi in 1992 has reduced 
summertime VOC mobile source emissions by 32%.
    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 document, EPA is approving the State of Florida's maintenance plan 
for the Southeast Florida area because EPA finds that Florida's 
submittal meets the requirements of section 175A.

A. Emissions Inventory--Base Year Inventory

    On November 16, 1992, the State of Florida submitted comprehensive 
inventories of VOC, NO<INF>X, and CO emissions from the Southeast 
Florida area. The inventories include biogenic, area, stationary, and 
mobile sources using 1990 as the base year for calculations to 
demonstrate maintenance. The 1990 inventory is considered 
representative of attainment conditions because the NAAQS was not 
violated during 1990. EPA is approving the 1990 base year inventory in 
this action.
    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 Southeast Florida area.

                                         VOC Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                                              1990       1994       1997       2000       2005  
----------------------------------------------------------------------------------------------------------------
Stationary Point.........................................      29.43      31.57      27.33      24.34      24.26
Stationary Area..........................................     295.21     280.90     230.48     232.17     220.50
On-Road Mobile...........................................     336.64     206.83     189.86     176.74     170.25
[[Page 10329]]                                                                                                  
                                                                                                                
Non-Road Mobile..........................................     128.98     134.81     142.87     149.79     158.35
Biogenic.................................................     325.33     325.33     325.33     325.33     325.33
                                                          ------------------------------------------------------
      Total..............................................    1115.59     979.44     915.87     908.37     898.69
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                                         NO<INF>X Emissions Inventory Summary                                        
                                                 [Tons per day]                                                 
----------------------------------------------------------------------------------------------------------------
                                                              1990       1994       1997       2000       2005  
----------------------------------------------------------------------------------------------------------------
Stationary Point.........................................     180.34     183.92     150.88     151.66     151.70
Stationary Area..........................................      17.10      17.97      18.81      19.38      20.23
On-Road Mobile...........................................     254.48     239.70     230.79     220.26     214.34
Non-Road Mobile..........................................      93.85      98.47     104.42     109.60     118.85
                                                          ------------------------------------------------------
      Total..............................................     545.77     540.06     504.90     500.90     505.12
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                     CO Emissions Inventory Summary                     
                             [Tons per day]                             
------------------------------------------------------------------------
                                                                  1990  
------------------------------------------------------------------------
Stationary Point.............................................      26.82
Stationary Area..............................................     182.53
On-Road Mobile...............................................    2565.60
Non-Road Mobile..............................................     837.80
                                                              ----------
      Total..................................................    3612.75
------------------------------------------------------------------------

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 and NO<INF>X emissions are not expected 
to exceed the level of the base year inventory during this time period.

C. Verification of Continued Attainment

    Continued attainment of the O<INF>3 NAAQS in the Southeast Florida 
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. The contingency plan for the 
Southeast Florida area 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 Southeast Florida 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, expansion of control strategies 
to adjacent counties for VOC and/or NO<INF>X and to new CTG categories, 
and an enhanced vehicle emissions inspection program. A complete 
description of these contingency measures and their triggers can be 
found in the State's submittal. EPA finds that the contingency measures 
provided in the State submittal meet the requirements of section 
175A(d) of the CAA.

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 Southeast Florida area O<INF>3 
maintenance plan submitted on November 8, 1993, because it meets the 
requirements of section 175A. In addition, the Agency is approving the 
request and redesignating the Southeast Florida nonattainment area to 
attainment, because the State has demonstrated compliance with the 
requirements of section 107(d)(3)(E) for redesignation. This action 
stops the sanctions and federal implementation plan clocks that were 
triggered for the Southeast Florida area by the January 28, 1994, 
findings letter. The EPA is publishing this action without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments. However, in a separate document in 
this Federal Register publication, the EPA is proposing to approve the 
SIP revision should adverse or critical comments be filed. This action 
will be effective April 25, 1995 unless, within 30 days of its 
publication, by March 27, 1995, 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 April 25, 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 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- 
[[Page 10330]] 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 Act, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by April 25, 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 Act, 42 U.S.C.
7607(b)(2).)
    The OMB has exempted this action from review under Executive Order 
12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 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 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. 7410 (a)(2).

List of Subjects

40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: January 24, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(86) to read as 
follows:


Sec. 52.520   Identification of plan.

* * * * *
    (c) * * *
    (86) The maintenance plan for Southeast Florida submitted by the 
Florida Department of Environmental Protection on November 8, 1993, as 
part of the Florida SIP.
    (i) Incorporation by reference.
    (A) Southeast Florida Ozone Ten Year Maintenance Plan including 
Emissions Inventory Summary and Projections effective on November 8, 
1993.
    (ii) Other material. None.
* * * * *

PART 81--[AMENDED]

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

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

    2. In Sec. 81.310 the attainment status table for ``Florida-Ozone'' 
is revised to read as follows:


Sec. 81.310   Florida.

* * * * *

                                                 Florida--Ozone                                                 
----------------------------------------------------------------------------------------------------------------
                                        Designation                                 Classification              
   Designated area    ------------------------------------------------------------------------------------------
                              Date\1\                  Type                 Date\1\                 Type        
----------------------------------------------------------------------------------------------------------------
Tampa-St. Petersburg-                                                                                           
 Clearwater Area:                                                                                               
  Hillsborough County  .....................  Nonattainment........  .....................  Marginal.           
  Pinellas County....  .....................  Nonattainment........  .....................  Marginal.           
  Rest of State......  .....................  Unclassifiable/        .....................                      
                                               Attainment.                                                      
  Alachua County                                                                                                
  Baker County                                                                                                  
  Bay County                                                                                                    
  Bradford County                                                                                               
  Brevard County                                                                                                
  Broward County.....  April 25, 1995.                                                                          
  Calhoun County                                                                                                
  Charlotte County                                                                                              
  Citrus County                                                                                                 
  Clay County                                                                                                   
  Collier County                                                                                                
  Columbia County                                                                                               
  Dade County........  April 25, 1995.                                                                          
  De Soto County                                                                                                
  Dixie County                                                                                                  
  Duval County.......  March 6, 1995.                                                                           
[[Page 10331]]                                                                                                  
                                                                                                                
  Escambia County                                                                                               
  Flagler County                                                                                                
  Franklin County                                                                                               
  Gadsden County                                                                                                
  Gilchrist County                                                                                              
  Glades County                                                                                                 
  Gulf County                                                                                                   
  Hamilton County                                                                                               
  Hardee County                                                                                                 
  Hendry County                                                                                                 
  Hernando County                                                                                               
  Highlands County                                                                                              
  Holmes County                                                                                                 
  Indian River County                                                                                           
  Jackson County                                                                                                
  Jefferson County                                                                                              
  Lafayette County                                                                                              
  Lake County                                                                                                   
  Lee County                                                                                                    
  Leon County                                                                                                   
  Levy County                                                                                                   
  Liberty County                                                                                                
  Madison County                                                                                                
  Manatee County                                                                                                
  Marion County                                                                                                 
  Martin County                                                                                                 
  Monroe County                                                                                                 
  Nassau County                                                                                                 
  Okaloosa County                                                                                               
  Okeechobee County                                                                                             
  Orange County                                                                                                 
  Osceola County                                                                                                
  Palm Beach County..  April 25, 1995.                                                                          
  Pasco County                                                                                                  
  Polk County                                                                                                   
  Putnam County                                                                                                 
  Santa Rosa County                                                                                             
  Sarasota County                                                                                               
  Seminole County                                                                                               
  St. Johns County                                                                                              
  St. Lucie County                                                                                              
  Sumter County                                                                                                 
  Suwannee County                                                                                               
  Taylor County                                                                                                 
  Union County                                                                                                  
  Volusia County                                                                                                
  Wakulla County                                                                                                
  Walton County                                                                                                 
  Washington County                                                                                             
----------------------------------------------------------------------------------------------------------------
\1\This date is November 15, 1990, unless otherwise noted.                                                      

* * * * *
[FR Doc. 95-4537 Filed 2-23-95; 8:45 am]
BILLING CODE 6560-50-P