Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10325

eligibility to sources that do not meet

the provisions of sections 507(c)(1)(C),

(D), and (E) of the CAA, but do not emit

more than 100 tpy of all regulated

pollutants; and (3) a process for

exclusion from the small business

stationary source definition, after

consultation with the EPA and the

Small Business Administration

Administrator and after providing

notice and opportunity for public

comment, of any category or

subcategory of sources that the

Department determines to have

sufficient technical and financial

capabilities to meet the requirements of

the CAA.

Final Action

In this action, EPA is approving the

PROGRAM SIP revision submitted by

the State of South Carolina through the

Department of Health and

Environmental Control. This action is

being taken without prior proposal

because the changes are

noncontroversial and EPA anticipates

no significant comments on them. The

public should be advised that this

action will be effective April 25, 1995.

However, if notice is received by March

27, 1995 someone wishes to submit

adverse or critical comments, this action

will be withdrawn and two subsequent

documents will be published before the

effective date. One document will

withdraw the final action and another

will begin a new rulemaking by

announcing a proposal of the action and

establishing a comment period.

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

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 CAA, 42 U.S.C. 7607

(b)(2).)

The OMB has exempted these actions

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.

By today’s action, the EPA is

approving a State program created for

the purpose of assisting small business

stationary sources in complying with

existing statutory and regulatory

requirements. The program being

approved today does not impose any

new regulatory burden on small

business stationary sources; it is a

program under which small business

stationary sources may elect to take

advantage of assistance provided by the

State. Therefore, because the EPA’s

approval of this program does not

impose any new regulatory

requirements on small businesses, I

certify that it does not have a significant

economic impact on any small entities

affected.

SIP approvals under 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 any small entities affected.

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.

Environmental Protection Agency, 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2) and 7410(k).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations.

Dated: January 12, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of

Federal Regulations, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart PP—South Carolina

2. Section 52.2120 is amended by

adding paragraph (c)(38) to read as

follows:

§ 52.2120 Identification of plan.

* * * * *

(c) * * *

(38) The South Carolina Department

of Health and Environmental Control

has submitted revisions to the South

Carolina Air Quality Implementation

Plan on November 12, 1993. These

revisions address the requirements of

section 507 of title V of the Clean Air

Act and establish the Small Business

Stationary Source Technical and

Environmental Program.

(i) Incorporation by reference.

(A) The submittal of the state of South

Carolina’s Small Business Assistance

Program which was adopted on

September 9, 1993.

(ii) Additional material. None.

[FR Doc. 95–4629 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–F

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.

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

(O3). The Southeast Florida O3

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,
10326 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

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 O3 national ambient air quality

standard (NAAQS) to develop SIPs with

sufficient control measures to

expeditiously attain and maintain the

standard. The Miami-Fort LauderdaleWest 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 O3 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 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 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 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).

Southeast Florida more recently has

ambient monitoring data that show no

violations of the O3 NAAQS, during the

period 1990 through 1993. In addition,

there have been no exceedences

reported for the 1994 O3 season.

Therefore, in an effort to comply with

the 1990 Amendments and to ensure

continued attainment of the NAAQS,

Florida submitted an O3 maintenance

SIP for the Southeast Florida area on

November 8, 1993, and 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;

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 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 most recent

ambient O3 data for the calendar years

1990 through 1992 shows an

exceedence rate of less than 1.0 per year

of the O3 NAAQS in the Southeast

Florida area. (See 40 CFR 50.9 and

appendix H). Because the Southeast

Florida area has complete qualityassured 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 O3 NAAQS. In addition, there have

been no ambient air exceedences in

1993 or 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 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
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 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
10328 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

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 NOX 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 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 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, NOX, 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
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10329

VOC EMISSIONS INVENTORY SUMMARY—Continued

[Tons per day]

1990 1994 1997 2000 2005

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

NOX 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

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 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 and NOX 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 O3

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 NOX emissions every three years.

The contingency plan for the Southeast

Florida area 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

Southeast Florida 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, expansion of control strategies

to adjacent counties for VOC and/or

NOX 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 O3 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 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

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 non-
10330 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

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-forprofit 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:

§ 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 § 81.310 the attainment status

table for ‘‘Florida-Ozone’’ is revised to

read as follows:

§ 81.310 Florida.

* * * * *

FLORIDA—OZONE

Designated area

Designation Classification

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.
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10331

FLORIDA—OZONE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

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

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–4537 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 281

[FRL–5161–3]

Final Approval of State Underground

Storage Tank Program; Arkansas

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

State of Arkansas application for final

approval.

SUMMARY: The State of Arkansas has

applied for final approval of its

underground storage tank program

under Subtitle I of the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed the Arkansas

application and determined, subject to

public review and comment, that the

Arkansas underground storage tank

program satisfies all of the requirements

necessary to qualify for final approval.

Thus, EPA is granting approval to the

State to operate its program unless

adverse public comment shows the need

for further review. The Arkansas

application for final approval is

available for public review and

comment.

EFFECTIVE DATE: Final authorization for

the Arkansas underground storage tank

program shall be effective at 1:00 p.m.

on April 25, 1995 unless EPA publishes

a prior Federal Register action

withdrawing this final rule. All

comments on the Arkansas final