[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25075]
[[Page Unknown]]
[Federal Register: October 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL09049091095818a; FRL095067092]
Approval and Promulgation of Implementation Plans State: 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. The
revisions correct minor deficiencies in the Motor Vehicle Inspection
Program (MVIP) and revise the air quality classifications to coincide
with the 1990 Clean Air Act Amendments 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 dioxide, and nitrogen dioxide. These regulations meet
all of the requirements and therefore EPA is approving the SIP
revisions.
DATES: This direct final rule will be effective December 12, 1994,
unless adverse or critical comments are received by November 10, 1994.
If the effective date is delayed, timely notice will be published in
the Federal Register
ADDRESSES: Written comments should be addressed to: Alan Powell,
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.
Copies of the material submitted by Florida may be examined during
normal business hours at the following locations:
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.
Florida Department of Environmental Protection, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399092400.
FOR FURTHER INFORMATION CONTACT: Alan Powell, 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 404/347092864. Reference file FL0491095818.
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 categorized by the severity of the ozone
problem, and progressively more stringent control measures were
required for each category of higher ozone concentrations. The basis
for classifying an area in a specific category was based on the ambient
air quality data obtained in the three year period 1987091989. The
Jacksonville area (Duval County) was classified as transitional because
it did not have any ozone violations; the Tampa/St. Petersburg
(Hillsborough and Pinellas counties) area was classified as a marginal
ozone nonattainment area, and the South Florida (Broward, Palm Beach,
and Dade counties) area was classified as a moderate ozone
nonattainment area. The CAA delineates the SIP requirements for ozone
nonattainment areas based on their classifications in section 182.
On January 8, 1993, Florida through the FDEP submitted a revision
to the Florida SIP that made minor corrections to the emissions testing
program and revised the air quality classifications to coincide with
the CAA. The revisions address requirements of section 182 of the CAA.
Rule 1709242, Motor Vehicles Emissions Standards and Test
Procedures
The regulation for this rule was originally approved March 3, 1992
(57 FR 7550). The revisions to this rule address several minor problems
which have arisen during the first years of operation of the MVIP.
Specifically, definitions have been changed to correct some ambiguity
in testing requirements, and the pass/fail criteria for emissions
testing are amended to test based on vehicle weight only instead of
vehicle body type. The latter change was made to make the testing
criteria consistent with the vehicle registration databases. The
regulation also shortens the equipment calibration requirement time
frame from 7 days to 72 hours and establishes specific training
requirements for vehicle emissions inspectors. The Florida I/M
regulation meets all of the pre-enactment guidance as required by
section 182(a)(2)(b) of the CAA.
Rule 1709275, Air Quality Areas
These changes coincide with the 1990 Clean Air Act Amendments
definition for nonattainment areas. The rule specifies current ozone
nonattainment areas and outlines redesignation procedures. These
changes reaffirm EPA's promulgation of designations and classifications
for areas of the country with respect to the NAAQS for ozone, CO,
PM0910 and lead in accordance with the requirements of the CAA (56 FR
56694, November 16, 1991).
Final Action
The EPA 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 December 12, 1994, unless by November 11, 1994, 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 December 12, 1994.
The Agency has reviewed this request for revision of the federally-
approved state implementation plan for conformance with the provisions
of the 1990 Clean Air Act Amendments enacted on November 15, 1990. The
Agency has determined that this action conforms with those
requirements.
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 December
12, 1994. 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).)
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214092225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for two years. The EPA has submitted
a request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on EPA's request. This request continues in effect under Executive
Order 12866 which superseded Executive Order 12291 on September 30,
1993.
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 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, 2560966 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: August 22, 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. 7401097671q.
Subpart K--Florida
2. Section 52.520 is amended by adding paragraph (c)(84) to read as
follows:
Sec. 1A52.520 Identification of plan.
* * * * *
(c) ***
(84) Revisions to Florida Administrative Code Chapters 1709242 and
1709275 which were effective February 2, 1993.
(i) Incorporation by reference.
(A) Revisions to Florida Administrative Code 1709242 and 1709275
which were effective February 2, 1993.17.242.200(2), (16), (22),
(250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5)
introductory text and (5)(a);1709242.500(1)(a-b), (3)(b)1.;
1709242.600(2), (3) introductory text, (3)(a)1., (3)(a)7., (3)(c),
(5)(d); 1709242.700 (4) introductory text, (4)(a), (4)(c-d), (5);
1709242.800(1), 1709242.900(1)(b), (2), (3)(c), (4); 1709275.100;
1709275.200 introductory text, (15), (170918); 275.300(1)(c), (3)
introductory text,(3)(a), (3)(b)introductory text, (3) introductory
text, (3)(b) introductory text, (3)(b)2. introductory text, (3)(b)2.b.-
c., (3)(b)3. introductory text, (3)(b)3.a.; 17.275.400(2095);
1709275.410(1093),(6); 1709275.420(1);1709275.600(1),(2) introductory
text, (2)(b-c)
(ii) Other material. None.
* * * * *
[FR Doc. 94-25075 Filed 10-7-94; 8:45 am]
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