2688 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. Because

of the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under 5 U.S.C. 605(b)

that this final rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient federalism

implications to warrant preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that, under paragraph

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.621 is revised to read

as follows:

§ 117.621 Fore River.

The draw of the Quincy Weymouth

SR3A bridge, mile 3.5 between Quincy

Point and North Weymouth,

Massachusetts, shall open on signal,

except that:

(a) From 6:30 a.m. to 9 a.m. and from

4:30 p.m. to 6:30 p.m., Monday through

Friday, except holidays observed in the

locality, the draw need not be opened.

(b) The draw shall open on signal at

all times for self-propelled vessels

greater than 10,000 gross tons.

Dated: December 30, 1994.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 95–564 Filed 1–10–95; 8:45 am]

BILLING CODE 4910–14–M

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.

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 (nonCTG) for reasonably available control

technology (RACT), and adds nitrogen

oxide (NOx) 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 nonattainment 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, NOX

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
Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations 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 NOX emissions may be

effective and section 182(f) of the CAA

requires the SIP to address major

stationary sources of NOX in addition to

VOC. The revisions to this rule require

proposed new or modified major

sources of VOC or NOX to obtain

emissions reduction of VOC and NOX

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 NOX 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

NOX. NOX 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 NOX

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 NOX (‘‘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 NOX 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 NOX 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 NOX controls

by May 31, 1995, for sources for which

installation by that date is practicable.

The NOX 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 NOX 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 NOX 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 NOX

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
2690 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations

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:

§ 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

40 CFR Part 52

[OR35–1–6188a, OR43–1–6523a, OR36–1–

6298a; FRL–5113–7]

Approval and Promulgation of

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) is approving revisions to

the State of Oregon’s Air Quality

Control Plan Volume 2 (The Federal

Clean Air Act State Implementation

Plan and Other State Regulations).

Specifically, EPA is approving revisions

to Oregon Administrative Rules (OAR)

Chapter 340, Division 25 and revisions

to Title 47 of Lane Regional Air

Pollution Authority (LRAPA).

The revisions to Division 25,

submitted to EPA on May 28, 1993, and

November 15, 1993, and the revisions to

Title 47, submitted on April 13, 1994,

satisfy the requirements of section 110

of the Clean Air Act (CAA) and 40 CFR

part 51.

DATES: This final rule is effective on

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 should

be addressed to: Montel Livingston, SIP

Manager, Air & Radiation Branch (AT–

082), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue

(AT–082), Seattle, Washington 98101,

and the Oregon Department of

Environmental Quality, 811 SW. Sixth

Avenue, Portland, Oregon 97204–1390.

FOR FURTHER INFORMATION CONTACT:

Rindy Ramos, Air & Radiation Branch

(AT–082), EPA, Seattle, Washington

98101, (206) 553–6510.

SUPPLEMENTARY INFORMATION:

I. Background

The Oregon Department of

Environmental Quality (ODEQ)

submitted to EPA two separate revisions

to OAR, Division 25 on May 28, 1993.

A third, and separate revision, to

Division 25 was submitted on November

15, 1993. In addition, ODEQ submitted

a revision to Lane Regional Air

Pollution Authority’s (LRAPA) Title 47,

Outdoor Open Burning, on April 13,

1994.

The first revision to Division 25,

submitted May 28, 1993, became state

effective on January 24, 1990. The

submittal contained revisions to

Oregon’s Kraft Pulp Mill Rules (OAR

340–25–150 through 205) and Oregon’s

Neutral Sulfite Semi-Chemical (NSSC)

Pulp Mills (OAR 340–25–220 through

234).

The second revision submitted on

May 28, 1993, to Division 25 became

state effective March 10, 1993. This

revision contained editorial changes to

the following rules: Wigwam Waste

Burners (OAR 340–25–005 through

025), Hot Mix Asphalt Plants (OAR 340–

25–105 through 125), Kraft Pulp Mills

(OAR 340–25–150 through 205),

Primary Aluminum Plants (OAR 340–

25–255 through 285), Specific Industrial

Standards (OAR 340–25–305 through

325), Regulations for Sulfite Pulp Mills

(OAR 340–25–350 through 380), and

Laterite Ore Production of Ferronickel

(OAR 340–25–405 through 430). The

editorial changes are considered

housekeeping in nature.

A third revision to Division 25

submitted November 15, 1993, became

state effective November 4, 1993. This

submittal contained specific revisions to

OAR 340–25–160, 222, 275, 310, and

420.

The revision to LRAPA’s Title 47,

Outdoor Open Burning, submitted on

April 13, 1994, became state effective

January 1, 1993. This submittal revised

Sections 47–010, 47–015, 47–020, 47–

025, and 47–030.