[Federal Register Volume 64, Number 4 (Thursday, January 7, 1999)]
[Rules and Regulations]
[Pages 992-995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[FL-75-1-9806a; FRL-6196-8]
Designation of Areas for Air Quality Planning Purposes Florida:
Redesignation of the Duval County Sulfur Dioxide Unclassifiable Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On January 28, 1997, the Florida Department of Environmental
Protection (DEP) submitted a request for redesignation to attainment
for sulfur dioxide (SO2) in Duval County, Florida. The
redesignation request included five years of quality assured monitoring
data which showed no exceedances of the National Ambient Air Quality
Standards (NAAQS) for SO2. Duval County was originally
designated as an unclassifiable area in 1978 due to a lack of adequate
monitoring data. Sufficient data have now been collected to make an
affirmative declaration of attainment status. The EPA is redesignating
Duval County from unclassifiable to attainment for SO2.
DATES: This direct final rule is effective on March 8, 1999 without
further notice, unless EPA receives adverse comment by February 8,
1999. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: All comments should be addressed to Scott M. Martin,
Regulatory Planning Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, Region 4 Environmental Protection Agency,
61 Forsyth Street, SW, Atlanta, Georgia 30303.
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 Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303.
Florida Department of Environmental Protection, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,
SW, Atlanta, Georgia 30303. The telephone number is 404-562-9036.
SUPPLEMENTARY INFORMATION: In a Federal Register document published
March 3, 1978, (43 FR 8962) the Duval County area was designated as
unclassifiable for SO2 due to lack of adequate monitoring
data. On January 28, 1997, the State of Florida, through the DEP,
submitted a request for redesignation of the Duval County
SO2 unclassifiable area to attainment. Included with this
request was five years of quality assured monitoring data which showed
that Duval County had not violated the NAAQS for SO2. The
State of Florida has met all the Clean Air Act Amendments of 1990 (CAA)
requirements for redesignation pursuant to section 107(d)(3)(E).
Section 107(d)(3)(E)(i) The Administrator has determined that the
area has attained the NAAQS.
Florida submitted air quality data demonstrating attainment with
both the primary and secondary SO2 NAAQS for the years 1990
through 1995. As required by the EPA for SO2 redesignations,
a nonattainment area must demonstrate attainment by showing no more
than one exceedance annually for two complete, consecutive calendar
years and must continue in attainment status until the final notice
approving such redesignation is effective. During that period there
were no exceedances in the Duval County area, and hence, no violations
of the SO2 NAAQS. The area has continued to monitor
attainment of the SO2 NAAQS to date.
Section 107(d)(3)(E)(ii) The Administrator has fully approved the
applicable implementation plan for the area under Section 110(k).
The Florida SO2 State Implementation Plan (SIP) is fully
approved and meets all requirements under section 110(k) which are
applicable to the Duval County area.
Section 107(d)(3)(E)(iii) The Administrator determines that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan and applicable Federal air pollutant control
regulations and other permanent and enforceable reductions.
Duval County was originally designated as an unclassifiable area in
1978 due to lack of adequate monitoring data. Monitoring data was
submitted for the years 1990 through 1995 which shows Duval County is
attaining the NAAQS for SO2. Additionally, a modeling
demonstration was submitted which was completed in accordance with the
EPA air quality modeling guidelines. The modeling indicated a need for
state operating permits on three facilities. The State submitted
permits for SCM Glidco Organics Corporation (now Millennium Specialty
Chemicals), Anheuser Bush, Inc., and the Celotex Corporation for
approval into the SIP which show reductions in SO2
[[Page 993]]
emissions. These permits will be replaced by title V permits for the
facilities however, the SO2 emission limitations will remain
the same.
Section 107(d)(3)(E)(iv) The Administrator has fully approved a
maintenance plan for the area as meeting the requirements of section
175A.
Duval County was originally designated as an unclassifiable area
for SO2 and maintenance plans are not required for
unclassifiable areas requesting redesignation to attainment.
Section 107(d)(3)(E)(v) The State containing such area has met all
requirements applicable to the area under Section 110 and Part D.
Florida has complied with all requirements of section 110 and part
D of the CAA. Additionally, the State of Florida submitted permits for
three plants in the area that provide emission reductions for inclusion
in the SIP. These requirements will protect the SO2 NAAQS in
the Duval County area. Therefore, Florida has complied with all
requirements of section 110 and part D of the CAA and has satisfied all
requirements of section 107(d)(3)(E).
Permit Approval
EPA is approving the following permit conditions into the SIP:
Permit A016-169138 SCM Glidco Organics conditions 1 through 18.
Permit A016-222421 Anheuser-Busch, Inc., conditions 1 through 18.
Permit AO16-185805 The Celotex Corporation conditions 11 through 16.
Final Action
In this action, EPA is approving the request to redesignate Duval
County, Florida, to attainment for the SO2 NAAQS.
Additionally, EPA is approving the permit conditions for the SCM Glidco
Organics Corporation, Anheuser Bush, Inc., and the Celotex Corporation.
The SO2 SIP is designed to satisfy the requirements of
part D of the CAA and to provide for attainment and maintenance of the
SO2 NAAQS. This final redesignation should not be
interpreted as authorizing the State to delete, alter, or rescind any
of the SO2 emission limitations and restrictions contained
in the approved SO2 SIP. Changes to SO2 SIP
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.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective March
8, 1999 without further notice unless the Agency receives relevant
adverse comments by February 8, 1999.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Only parties interested in
commenting should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on March 8, 1999
and no further action will be taken on the proposed rule.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
D. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective
[[Page 994]]
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
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 small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 8, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the 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).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: November 10, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 et seq.
Subpart K--Florida
2. Section 52.520, is amended by adding paragraph (c)(101) to read
as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
(101) Revisions to the Florida SIP adding SO2 permits to
specify SO2 emission limits for three sources in Duvall
County, Florida submitted on January 28, 1997.
(i) Incorporation by reference. The following source specific
SO2 permits of the Florida Department of Environmental
Protection.
SO2 Permits:
(A) Permit AO16-169138 SCM Glidco Organics conditions 1 through 18.
(B) Permit AO16-222421 Anheuser-Busch, Inc., conditions 1 through
18.
(C) Permit AO16-185805 The Celotex Corporation conditions 11
through 16.
(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.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.310, the ``Florida-SO2'' table is amended
by revising the entry for ``Duvall County'' to read as follows:
Sec. 81.310 Florida.
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[[Page 995]]
Florida--SO2
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Does not meet Does not meet Better than
Designated area primary standards secondary standards Cannot be classified national standards
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Duvall County ................... ................... ........................................................ X
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[FR Doc. 99-229 Filed 1-6-99; 8:45 am]
BILLING CODE 6560-50-P
