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Approval and Promulgation of Implementation Plans; Florida: Approval of Revisions to Florida Regulations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 11, 1995]
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 (non-CTG) 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 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,
NOXRACT, 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 NOXemissions
may be effective and section 182(f) of the CAA requires the SIP to
address major stationary sources of NOXin addition to VOC. The
revisions to this rule require proposed new or modified major sources
of VOC or NOXto 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 NO<INF>X. NOXRACT is
required for moderate ozone nonattainment areas by this rule. The
November 25, 1992, notice should be referenced to for further
information on the NOXrequirements 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 NOXRACT 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 NOXSupplement 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 NOXcontrols by May 31, 1995, for sources for which
installation by that date is practicable. The NOXSupplement 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 NOXin 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 NOXemission 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 NOXspecific 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]
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,
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]
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