[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Rules and Regulations]
[Pages 2688-2690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-608]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-049-2-5818a; FL-049-2-6132a; FL-058-5819a FRL-5133-9]


Approval and Promulgation of Implementation Plans; Florida: 
Approval of Revisions to Florida Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP). These revisions were submitted to EPA through the Florida 
Department of Environmental Protection (FDEP) on January 8, 1993 and 
April 25, 1994. They revise regulations in Florida's SIP addressing new 
source review (NSR), non-control technology guidelines (non-CTG) for 
reasonably available control technology (RACT), and adds nitrogen oxide 
(NO<INF>x) as a RACT requirement in the South Florida nonattainment 
area in Florida's SIP. This plan has been submitted by the FDEP as an 
integral part of the program to achieve and maintain the National 
Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide, 
nitrogen dioxide and sulfur dioxide. These regulations meet all of EPA 
requirements and therefore EPA is approving the SIP revisions.

DATES: This final rule will be effective March 13, 1995, unless adverse 
or critical comments are received by February 10, 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 Alan 
Powell, 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 4 Air Programs Branch, 345 
Courtland Street, NE, Atlanta, Georgia 30365.
Florida Department of Environmental Protection, 2600 Blair Stone Road, 
Tallahassee, Florida 32399.

FOR FURTHER INFORMATION CONTACT: Alan Powell, 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 extension 4209. Reference file FL-49-5818.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed 
into law the Clean Air Act Amendments of 1990. The Clean Air Act as 
amended in 1990 (CAA) includes new requirements for the improvement of 
air quality in ozone nonattainment areas. Under section 181(a) of the 
CAA, nonattainment areas were classified by the severity of the ozone 
problem, and section 182 contains requirements for progressively more 
stringent control measures for each classification of higher ozone 
concentrations. The classification of an area in a specific category 
was based on the ambient air quality data obtained in the three year 
period 1987-1989. The Jacksonville area (Duval County) was classified 
as transitional because it did not have any ozone violations; the 
Tampa/St. Petersburg area (Hillsborough and Pinellas counties) area was 
classified as a marginal nonattainment area and the South Florida area 
(Broward, Palm Beach, and Dade counties) was classified as a moderate 
ozone non-attainment area. The SIP revisions address several of the CAA 
requirements for ozone nonattainment areas.

General

    On January 8, 1993, and April 25, 1994, Florida submitted SIP 
revision packages containing regulations governing NSR, non-CTG RACT, 
NO<INF>X RACT, emissions testing, air quality designations and gasoline 
vapor recovery. The regulations pertaining to emissions testings, air 
quality designations and gasoline vapor recovery have been addressed in 
separate Federal Register documents.

Rule 17-212, Stationary Preconstruction Review

    The amendments to Rule 17-212, F.A.C., make changes to the new 
source review requirements for ozone. The original January 8, 1993, 
submittal also

[[Page 2689]]

included NSR for lead nonattainment. Since Florida does not have any 
lead nonattainment areas, the State withdrew this portion, and EPA will 
not act on it.
    New definitions are incorporated for ``Affected Pollutant,'' ``Base 
Emission Limit,'' ``Volatile Organic Compounds (VOCs), and 
``Significant Impact.'' Previously, the affected pollutant for ozone 
nonattainment areas was VOC only because the control of VOC emissions 
was considered the most effective way to attain the ambient standard. 
Recent studies suggest that the control of NO<INF>X emissions may be 
effective and section 182(f) of the CAA requires the SIP to address 
major stationary sources of NO<INF>X in addition to VOC. The revisions 
to this rule require proposed new or modified major sources of VOC or 
NO<INF>X to obtain emissions reduction of VOC and NO<INF>X from sources 
within the non-attainment area in order to offset the emission increase 
from the new source. The offset requirements are 1.1:1 for marginal 
nonattainment areas and 1.15:1 for moderate nonattainment areas. These 
requirements are consistent with EPA guidelines. Guidance on the new 
source review procedure are outlined in the April 16, 1992, General 
Preamble to the CAA.

Rule 17-296, Stationary Source Emission Standards

    The air quality planning requirements for the reduction of NO<INF>X 
emissions through RACT are set out in section 182(f) of the Clean Air 
Act. Section 182(f) requirements are described by EPA in a notice, 
``State Implementation Plans; Nitrogen Oxide Supplement to the General 
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; 
Proposed Rule,'' published November 25, 1992 (57 FR 55620). The notice 
outlines specific requirements for various ozone nonattainment areas. 
Specifically, the notice requires that provisions of subpart 182 of the 
CAA which apply to VOC shall also apply to NO<INF>X. NO<INF>X RACT is 
required for moderate ozone nonattainment areas by this rule. The 
November 25, 1992, notice should be referenced to for further 
information on the NO<INF>X requirements and is incorporated into this 
proposal by reference.
    Section 182(f) of the Clean Air Act requires States within moderate 
or above ozone nonattainment areas or the ozone transport region to 
apply the same requirements to major stationary sources of NO<INF>X 
(``major'' as defined in section 302 and section 182(c), (d), and (e)) 
as are applied to major stationary sources of VOCs. The EPA is 
approving the NO<INF>X RACT rule for the South Florida area because it 
meets the requirements of section 182(b)(2) of the Clean Air Act and 
conforms to the policy in the NO<INF>X Supplement to the General 
Preamble, cited above. EPA is also approving the VOC RACT portion of 
the rule because it too meets the requirements of the CAA.
    As noted, the moderate and above ozone nonattainment areas and 
areas in the ozone transport regions should have submitted, by November 
15, 1992, provisions to assure that RACT is implemented (see section 
182(b)(2)). States are expected to require final installation of the 
actual NO<INF>X controls by May 31, 1995, for sources for which 
installation by that date is practicable. The NO<INF>X Supplement to 
the General Preamble (57 FR 55623) contains a detailed discussion of 
EPA's interpretation of the RACT requirement. Florida's rule is 
consistent with these guidelines.
    This rule applies to the 1990 Clean Air Act Amendment requirement 
for RACT for existing major sources of VOCs and NO<INF>X in Florida's 
moderate non-attainment area. The original January 8, 1993, submittal 
to EPA did not contain source specific RACT standards and Florida 
received an objections letter from the State Joint Administrative 
Procedures Committee. In response to that letter, Florida has 
established source specific RACT standards which were submitted to EPA 
on April 25, 1994. The rule details specific NO<INF>X emission limits 
as RACT standards for furnaces, turbines, cement plants, oil fired 
diesel generators and carbonaceous fuel burning equipment in Broward, 
Dade and Palm Beach Counties. The State also chose to include an 
emission limit for sources which are not covered by the specific 
limits; since the State has indicated that there are currently no 
sources in this category, approval of this limit does not set RACT 
precedent. The rule requires operations not equipped with continuous 
emissions monitors (CEMs) to demonstrate compliance through annual 
testing using EPA Reference Methods or other State approved methods. In 
addition to these NO<INF>X specific requirements, the rule requires the 
use of low-VOC resin or thermal oxidation of emissions from the purge 
cycle for all resin coating operations. The only VOC source affected by 
section 182 of the CAA is a resin coating operation. Additional 
information on the specific emission limits may be found in the TSD. 
The rule also requires affected sources to propose a compliance 
schedule in which the facility complies with the RACT requirements no 
later than May 31, 1995. These changes are consistent with EPA guidance 
and meets the requirements for non-CTG RACT.

Final Action

    EPA is approving the above referenced revision to the Florida SIP 
and 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 
March 13, 1995, unless by February 10, 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 March 13, 1995.
    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 March 13, 
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 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 state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    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

[[Page 2690]]

final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA 
may certify that the rule will not have a significant impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and government entities 
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 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. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Lead, Nitrogen Oxide, Ozone, Reporting and 
recordkeeping requirements.

    Dated: December 20, 1994.
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 K--Florida

    2. Section 52.520 is amended by adding paragraph (c) (88) to read 
as follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * *
    (88) Revisions to the F.A.C. Chapters 17-212 and 17-296 which were 
effective February 2, 1993
    (i) Incorporation by reference.
    (A) Revision to F.A.C. 17-212, and 17-296 which were effective on : 
February 2, 1993. 17-212.100; 17-212.200 introductory paragraph, 
(5),(12),(57),(63)(e),(64),(75); 17-212.400 introductory paragraph,(2) 
introductory paragraph, (2)(f)3; 17-212.500(2)(a), (2)(a) introductory 
paragrpah, 2(a)2. introductory paragraph, 2(a)2.a., 
(2)(a)2.e.4.,(4)(b), (4)(c),(4)(d)1., (4)(d)2.a.-c., (4)(g), (5)(a), 
(5)(b)2.,4.-7.. 9.;17-296.200(13), (50), (198); 17.500 introductory 
paragraph,(1); 17-296.570(3).
    (B) Revision to F.A.C. 17-296 which became effective on April 17, 
1994. 17-296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17-
296.570(1-2), (4).
    (ii) Other material.
    (A) Letters of January 8, 1993 and April 25, 1994, from the Florida 
Department of Environmental Protection.

[FR Doc. 95-608 Filed 1-10-95; 8:45 am]
BILLING CODE: 6560-50-P