[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25972]
[[Page Unknown]]
[Federal Register: October 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-047-1-5929a, 052-1-5922a; FRL-5051-3]
Approval and Promulgation of Implementation Plans, Florida:
Approval of Addition to the Florida Administrative Code Chapters 17-296
and 17-297, Soil Thermal Treatment Facilities and Recodification of the
Florida Administrative Code 17-2
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On November 23, 1992, the State of Florida through the Florida
Department of Environmental Regulation (FDER) submitted revision to the
Florida Administrative Code (F.A.C.), chapters 17-296 and 17-297, Soil
Thermal Treatment. This revision restricts soil thermal treatment
facilities to process contaminated soil as defined in chapter 17-775,
F.A.C., Soil Thermal Treatment Facilities. Additionally, on January 11,
1993, the recodification of the F.A.C., 17-2, was submitted to EPA.
This recodification merely renumbers the Florida State Implementation
Plan (SIP) to match the F.A.C. numbering system.
DATES: This final rule is effective December 19, 1994 unless someone
submits adverse or critical comments by November 21, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to:
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.
Copies of the material submitted by the State of 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.
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
404/347-2864.
SUPPLEMENTARY INFORMATION:
Soil Thermal Treatment Facilities
Soil thermal treatment facilities in Florida had been regulated by
evolving FDER guidance which originally allowed asphalt plants to treat
contaminated soil. Previously, the FDER's guidance set a particulate
matter (PM) emission standard of 0.08 grains per dry standard cubic
foot corrected to 50 percent excess air (gr/dscf @ 50% EA), which
required a minimum of 95 percent destruction of the volatile organic
compounds (VOC), and fugitive dust to be controlled through wetting of
the soil. This emission standard limited the amount of toxic chemicals
emitted through the destruction of VOC's to ensure that such emissions
were considered safe for the public. At this time, there are 9
stationary and 20 mobile soil thermal treatment facilities with valid
FDER construction or operation permits.
Because of regulatory inconsistency within the FDER guidance, a
financial disadvantage was caused on the facilities equipped with
afterburners, due to the cost of purchasing and operating air pollution
control equipment. In addition, the facilities operating without
afterburners emit excessive amounts of VOC and toxic compounds. To
correct this situation the FDER initiated rulemaking for these soil
thermal treatment facilities. This rule revision adds specific air
pollution control and performance standards to replace the guidance
that was being used by the FDER as follows. The F.A.C., chapters 17-296
and 17-297, Soil Thermal Treatment rule restricts soil thermal
treatment facilities to process contaminated soil as defined in chapter
17-775, F.A.C., Soil Thermal Treatment Facilities. Petroleum
contaminants in the soil that may be treated in these facilities are
all forms of gasoline, diesel fuel, jet fuel, kerosene, grades 2
through 6 fuel oils, crude oil, bunker C oil, residual oil, as well as
nonhazardous petroleum-based lubricating, mineral and hydraulic oils
containing no polychlorinated biphenyls (PCBs). None of these petroleum
products are classified as hazardous waste. The rule revises the
particulate matter emission standard contained in the guidance to 0.04
grains per dry standard cubic foot. It requires volatile organic
compounds from the soil to be exposed to a minimum temperature of 1,500
degrees Fahrenheit for a minimum length of one second. The rule also
contains a 100 parts per million, by volume, dry basis, emission
standard for carbon monoxide and requires wetting or containment of the
treated soil to control fugitive dust.
EPA has evaluated the FDER's Soil Thermal Treatment Facilities rule
for consistency with the Clean Air Act, EPA regulations, and EPA
policy, and has found that these submitted rules serve to strengthen
the Florida SIP. The addition of the State of Florida's Soil Thermal
Treatment Facilities rule in the Florida SIP will result in emissions
reductions by controlling soil thermal treatment facilities which emit
VOC's and toxic air contaminants.
Recodification
On January 11, 1993, the State of Florida through the FDER
submitted a recodification of the F.A.C., chapter 17-2. These rules
were approved into the SIP in previous rulemakings. The EPA is now
merely approving the recodification to make the SIP consistent with the
numbering system currently used by the F.A.C.
EPA has not reviewed the substance of the recodified regulations at
this time. These rules were approved into the SIP in previous
rulemakings. The EPA is now merely approving the renumbering system
submitted by FDER. The EPA's approval of the renumbering system, at
this time, does not imply any position with respect to the
approvability of the substantive rules. To the extent EPA has issued
any SIP calls to the State with respect to the adequacy of any of the
rules subject to this recodification, EPA will continue to require the
State to correct any such rule deficiencies despite EPA's approval of
this recodification.
Final Action
In this action, EPA is approving the above referenced revisions to
the Florida SIP. The revisions are consistent with EPA policy. 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 19, 1994, unless, by November 21, 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 19, 1994.
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 December 19, 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
CAA, 42 U.S.C. 7607(b)(2).)
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), 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 Table 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for 2 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, 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. 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 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).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: July 27, 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)(78) to read as
follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
(78) State Implementation Plan for chapters 17-296, and 17-297,
Soil Thermal Treatment and Recodification of the Florida Administrative
Code, chapter 17-2, Air Pollution, submitted by the Department of
Environmental Regulation on November 23, 1992, and January 11, 1993,
respectively.
(i) Incorporation by reference.
(A) The following chapters of the Florida Administrative Code,
effective October 15, 1992:
(1) 17-209, Local Air Pollution Programs,
(2) 17-210, Stationary Sources General Requirements,
(3) 17-212, Preconstruction Review,
(4) 17-252, Gasoline Vapor Control,
(5) 17-272, Ambient Air Quality Standards,
(6) 17-273, Air Pollution Episodes,
(7) 17-275, Air Quality Areas,
(8) 17-296, Stationary Sources--Emission Standards,
(9) 17-297, Stationary Sources--Emission Monitoring.
(B) Revisions to the following Florida Administrative Code:
Chapters 17-296.200(162), 17-296.415, table 297.330-1: entry 17-
296.415, 17-297.500(6), Soil Thermal Treatment, effective November 17,
1992.
(ii) Other material. None.
[FR Doc. 94-25972 Filed 10-19-94; 8:45 am]
BILLING CODE 6560-50-P
