94-32234. Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Florida  

  • [Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
    [Rules and Regulations]
    [Pages 41-46]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-32234]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [FL54-1-6026a; FRL-5089-2]
    
    
    Approval and Promulgation of Implementation Plans and Designation 
    of Areas for Air Quality Planning Purposes; State of Florida
    
    AGENCY: U.S. Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On June 23, 1993, the State of Florida, through the Florida 
    Department of Environmental Protection (FDEP), submitted a maintenance 
    plan and a request to redesignate the Duval County area from 
    transitional nonattainment to attainment for ozone (O3). The 
    O3 nonattainment area consists only of Duval County. Under the 
    Clean Air Act (CAA), designations can be revised if sufficient data are 
    available to warrant such revisions. 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 approving 
    the 1990 base year emissions inventory. The approved maintenance plan 
    will become a federally enforceable part of the State Implementation 
    Plan (SIP) for the Duval County nonattainment area.
    
    DATES: This final rule will be effective March 6, 1995 unless adverse 
    or critical comments are received by February 2, 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 Joey 
    LeVasseur, 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 IV Air Programs Branch, 345 
    Courtland Street, NE., Atlanta, Georgia 30365
    Air Resources Management Division, Florida Department of Environmental 
    Protection, 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 IV Environmental Protection Agency, 345 
    Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
    404/347-3555 ext. 4215. Reference file FL54-1-6026.
    
    SUPPLEMENTARY INFORMATION: The CAA, 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. Duval County 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 Section 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. 
    Secs. 7401-7671q]. The nonattainment designation of Duval County 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 transitional 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.)
        Duval County more recently has ambient monitoring data that show no 
    violations of the O3 NAAQS, during the period from 1987 through 
    1993. In addition, there have been no exceedences reported for the 1994 
    O3 season, to date. Therefore, in an effort to comply with the 
    amended CAA and to ensure continued attainment of the NAAQS, Florida 
    submitted an O3 maintenance SIP for the Duval County area on June 
    23, 1993, and a supplemental revision on August 23, 1994. Florida 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; [[Page 42]] 
        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 Duval County 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 ambient air O3 monitoring data 
    for calendar year 1987 through calendar year 1989 show an expected 
    exceedence rate for the O3 standard of less than 1.0 per year of 
    the O3 NAAQS in the Duval County area, resulting in a 
    classification of transitional. The most recent ambient O3 data 
    for the calendar year 1991 through 1993 continued to show an expected 
    exceedence rate of less than 1.0 per year of the O3 NAAQS in the 
    Duval County area. (See 40 CFR 50.9 and appendix H). Because the Duval 
    County area has complete quality-assured data showing no violations of 
    the standard over the most recent consecutive three calendar year 
    period, the Duval County area has met the first statutory criterion of 
    attainment of the O3 NAAQS. In addition, there have been no 
    ambient air exceedences 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 Duval 
    County 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 Act, 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.
    
    A. Section 110 Requirements
    
        Although section 110 was amended by the 1990 Amendments, the Duval 
    County 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 Act. 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 Duval County 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) or table 3 of section 186(a). Subpart 2 requirements, 
    however, are not applicable to transitional areas. The Duval County 
    area was classified as transitional (See 56 FR 56694, codified at 40 
    CFR Sec. 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 not subject to the 
    requirements of subpart 2 of part D. EPA interprets section 
    107(d)(3)(E)(v) to mean that, for a redesignation request to be 
    approved, the State must have met all requirements that became 
    applicable to the subject area prior to or at the time of the 
    submission of the redesignation request. Requirements of the Act that 
    come due subsequent to the submission of the redesignation request 
    continue to be applicable to the area (see section 175A(c)) and, if the 
    redesignation is disapproved, the state remains obligated to fulfill 
    those requirements.
        With the exception of the RACT requirement, for transitional 
    O3 nonattainment areas that attained the standard as of December 
    31, 1991, EPA has not determined that the section 172(c) requirements 
    were applicable prior to November 15, 1993. Thus, no section 172(c) 
    requirements other than the RACT requirement are applicable 
    requirements for purposes of this redesignation. For RACT, EPA has 
    stated that transitional ozone nonattainment areas must correct any 
    enforceability deficiencies in their existing RACT rules prior to being 
    redesignated to attainment. The State corrected all identified 
    deficiencies in the State RACT regulations. The regulations apply in 
    Duval County.
        Section 176(c) of the Act 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. of 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 States must be consistent with 
    Federal conformity regulations that the Act 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, USEPA'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)].
        The USEPA promulgated final transportation conformity regulations 
    on November 24, 1993 (58 FR 62188) 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 1775A. Pursuant to section 51.396 of 
    the transportation conformity rule and section 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, 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 have not yet come due, they are not 
    applicable requirements under section 107(d)(3)(E)(v) and, thus, do not 
    affect approval of this redesignation request.
    [[Page 43]]
    
    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 Duval County 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 Duval County 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 volatile organic compound (VOC) reasonably available 
    control technology (RACT) regulations, Stage I vapor recovery 
    provisions, Federal Motor Vehicle Control Program (FMVCP), and lower 
    Reid Vapor Pressure (RVP). RACT regulations reduced VOC emissions from 
    those sources subject to RACT by 28% from 1977 through 1990. Stage I 
    controls applicable to gasoline stations previously not subject to 
    regulations reduced VOC emissions from those sources by 82% from 1981 
    through 1990. The FMVCP reduced VOC emissions from motor vehicles by 
    31.82% from 1985 to 1992. The reduction in RVP from 11.5 psi in 1985 to 
    7.8 psi in 1992 has reduced summertime VOC mobile source emissions by 
    25.36%.
        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 notice, EPA is approving the State of Florida's maintenance plan 
    for the Duval County 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 VOCs, nitrogen oxides (NOX), and carbon monoxide 
    (CO) emissions from the Duval County 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. This inventory is being approved in this 
    notice.
        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 Duval County area.
    
                                             VOC Emissions Inventory Summary                                        
                                                     [Tons per day]                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                         1990         1994         1997         2000         2005   
    ----------------------------------------------------------------------------------------------------------------
    Stationary point...............................        15.60        17.01        18.14        19.20        20.87
    Stationary area................................        51.25        46.00        44.65        45.71        39.24
    Highway mobile.................................        82.49        54.24        51.10        49.09        48.33
    Non-Highway mobile.............................        24.63        26.36        27.22        29.10        29.41
    Biogenic.......................................        45.53        45.53        45.53        45.53        45.53
                                                    ----------------------------------------------------------------
        Total......................................       219.50       189.14       186.64       188.63       183.38
    ----------------------------------------------------------------------------------------------------------------
    
    
                                             NOX Emissions Inventory Summary                                        
                                                     [Tons per day]                                                 
    ----------------------------------------------------------------------------------------------------------------
                                                         1990         1994         1997         2000         2005   
    ----------------------------------------------------------------------------------------------------------------
    Stationary point...............................       101.16       103.21       103.47       105.95       108.87
    Stationary area................................         8.37        12.54        13.03        13.72        14.67
    On-Road mobile.................................        61.40        60.60        59.92        58.91        59.11
    Non-Road mobile................................        21.07        21.71        22.26        22.83        23.74
                                                    ----------------------------------------------------------------
        Total......................................       192.00       198.06       198.68       201.41       206.39
    ----------------------------------------------------------------------------------------------------------------
    
    
                         CO Emissions Inventory Summary                     
                                 [Tons per day]                             
    ------------------------------------------------------------------------
                                                                        1990
    ------------------------------------------------------------------------
    Stationary point...............................................     30.6
    Stationary area................................................      7.6
    On-Road mobile.................................................    452.7
    Non-Road mobile................................................    155.3
                                                                    --------
        Total......................................................    646.2
    ------------------------------------------------------------------------
    
    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 emissions are expected to decrease 36.12 
    tons or 16.5% from the level of the base year inventory during this 
    time period. The NOX emissions do show a slight increase of 14.39 
    tons or 7.5% from 1990 to 2005, but the total precursors of ozone 
    decrease from 411.5 tons to 389.77 tons for a reduction by 21.73 tons 
    or 5.3%. Duval County attained the NAAQS through a VOC control 
    strategy.
        The Empirical Kinetics Modeling Approach (EKMA) was used to 
    demonstrate the impact of NOX emission increases on maximum ozone 
    formation. The EKMA analysis showed that the projected future mix of 
    emissions will not cause a violation of the NAAQS. EPA EKMA guidance 
    documents were used in developing model inputs. The model was run using 
    1987 meteorological conditions and monitored ozone, NOX and 
    nonmethane organic compound (NMOC) concentration data for July 10, 
    1987, and was run in the EKMA calculate mode. This day had an observed 
    ozone maximum concentration of 0.118 parts per million (ppm). The 
    monitored NMOC/NOX ratio of 4.13 was used as input. The model was 
    run five times using the following mix of emissions:
        (1) 1990 VOC and NOX emissions (base case);
        (2) base case with 7.5% increased NOX;
        (3) base case with 15% increased NOX;
        (4) base case with 30% increased NOX; and
        (5) base case with 7.5% increased NOX and 16% NMOC 
    reductions). The EKMA predicted an ozone maximum of 0.097 ppm using the 
    1990 base case emissions. This model concentration under-predicted the 
    observed ozone maximum (0.118 ppm) by 18%.
        The model output indicated a continual decrease in the maximum 
    model-predicted ozone with each increase in NOX emissions over the 
    1990 base case inventory (see table). Additionally, the modeling 
    indicated that the mix of emissions as indicated in the 2005 inventory 
    (16% VOC reductions and 7.5% NOX increase over the 1990 inventory) 
    produced lower ozone levels than the base case. Thus, the analysis 
    indicates that, not withstanding the projected increase in NOX 
    emissions, the Jacksonville area should continue to maintain the 
    standard throughout the maintenance period.
    July 10:
    Base case: 0.09744 ppm
    Base case +7.5% NOX: 0.09624 ppm
    Base case +15% NOX: 0.09512 ppm
    Base case +30% NOX: 0.09287 ppm
    Base case -16% NMOC + 7.5% NOX: 0.09459 ppm
    
    C. Verification of Continued Attainment
    
        Continued attainment of the O3 NAAQS in the Duval County 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. Duval County's contingency plan 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 Duval County 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, NOX Reasonable Available Control Technology 
    (RACT), Stage II vapor recovery, expansion of control strategies to 
    adjacent counties for VOC and/or NOX and to new control technique 
    guidelines (CTG) categories, and an enhanced vehicle emissions 
    inspection program. The plan also contains a secondary trigger that 
    will apply where no actual violation of the NAAQS has occurred. This 
    trigger occurs if a periodic inventory update shows emissions of VOCs 
    have increased by five percent above the 1990 levels. On the occurrence 
    of the secondary trigger, the State will complete an evaluation within 
    six months to determine the most cost-effective means for lowering VOC 
    emissions to the 1990 levels. 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 Duval County O3 
    maintenance plan because it meets the requirements of section 175A. EPA 
    is also approving the 1990 base year inventory summary. In addition, 
    the EPA is approving the request and redesignating the Duval County 
    area to attainment, because the State has demonstrated compliance with 
    the requirements of section 107(d)(3)(E) for redesignation. The EPA is 
    publishing this action without prior proposal because the EPA 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 6, 1995 unless, within 30 days of its publication, 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 6, 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 [[Page 45]] 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-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 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 March 6, 
    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).]
        Nothing in this action shall be construed as permitting, 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. Section 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 sections 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. section 
    7410(a)(2).
        The Office of Management and Budget has exempted this rule from the 
    requirements of section 3 of Executive Order 12291.
    
    List of Subjects
    
    40 CFR Part 52
    
        Air pollution control, Hydrocarbons, Incorporation by reference, 
    Intergovernmental relations, and Ozone.
    
    40 CFR Part 81
    
        Air pollution control, National parks, and Wilderness areas.
    
        Dated: September 28, 1994.
    Joe R. Franzmathes,
    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)(81) to read 
    as follows:
    
    
    Sec. 52.520  Identification of plan.
    
    * * * * *
        (c) * * *
        (81) The maintenance plan for Duval County submitted by the Florida 
    Department of Environmental Protection on June 23, 1993, as part of the 
    Florida SIP.
        (i) Incorporation by reference.
        (A) Duval County Ozone Ten Year Maintenance Plan including 
    Emissions Inventory Summary and Projections effective on August 23, 
    1994.
        (ii) Other material. None.
    * * * * *
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671.
    
    Subpart C--Section 107 Attainment Status Designations
    
        2. In Sec. 81.310 the attainment status table for ``Florida-Ozone'' 
    is amended by removing the entire entry for ``Jacksonville Area Duval 
    County'' and adding a new entry in alphabetical order under the heading 
    ``Rest of State'' to read as follows:
    
    ----------------------------------------------------------------------------------------------------------------
                                           Designation                                 Classification               
       Designated area    ------------------------------------------------------------------------------------------
                                  Date\1\                 Type                 Date\1\                  Type        
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
            *                  *                  *                  *                  *                  *        
                                                            *                                                       
    Duval County.........  March 6, 1995.......  .....................  .....................  .....................
                                                                                                                    
            *                  *                  *                  *                  *                  *        
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    \1\This date is November 15, 1990, unless otherwise noted.                                                      
    
    
    [[Page 46]] [FR Doc. 94-32234 Filed 12-30-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
3/6/1995
Published:
01/03/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
94-32234
Dates:
This final rule will be effective March 6, 1995 unless adverse or critical comments are received by February 2, 1995. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
41-46 (6 pages)
Docket Numbers:
FL54-1-6026a, FRL-5089-2
PDF File:
94-32234.pdf
CFR: (1)
40 CFR 52.520