[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9986]
[[Page Unknown]]
[Federal Register: April 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-53-6409; FRL-4877-3]
Approval and Promulgation of Implementation Plans Florida; Title
V, Section 507, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of final rule.
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SUMMARY: On February 23, 1994 (59 FR 8542), EPA published a document to
approve without prior proposal the February 24, 1993, version of the
revisions made by Florida to the Florida State Implementation Plan
(SIP). These revisions established a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program (PROGRAM), to
be fully implemented by November 15, 1994. This implementation plan was
submitted by the State to satisfy the Federal mandate to ensure that
small businesses have access to the technical assistance and regulatory
information necessary to comply with the Clean Air Act as amended in
1990 (CAA). EPA subsequently received adverse comments on the action.
Accordingly, EPA is withdrawing its direct-final approval. Elsewhere in
today's Federal Register, EPA is proposing to approve the February 23,
1993, version of revisions made by Florida and providing an opportunity
to comment on the proposal.
EFFECTIVE DATE: This withdrawal will be effective April 22, 1994.
ADDRESSES: Copies of the material submitted by the State of Florida may
be examined during normal business hours at the following locations:
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:
Mr. Carlton R. Layne, 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: Implementation of the Clean Air Act (CAA)
requires small businesses to comply with specific regulations in order
for areas to attain and maintain the national ambient air quality
standards (NAAQS) and reduce the emission of air toxics. In
anticipation of the impact of these requirements on small businesses,
the CAA requires that states adopt a PROGRAM, and submit this PROGRAM
as a revision to the federally approved SIP. On February 24, 1993, the
Florida Department of Environmental Protection submitted to EPA for
approval the requisite revisions to the SIP establishing the PROGRAM.
These revisions were adopted by the Florida Legislature by amending
chapter 403 of the Florida Statute, approved on April 8, 1992. The EPA
reviewed this request for revision of the federally approved SIP and
found it to be in conformance with the requirements of the 1990 CAA.
EPA therefore published a notice to approve the revisions without prior
proposal (59 FR 8542, February 23, 1994).
In the final rulemaking, EPA advised the public the effective date
of the action was deferred for 60 days (until April 25, 1994) to
provide an opportunity to submit comments. EPA announced if notice was
received within 30 days of the publication of the final rule that
someone wanted to submit adverse or critical comments, the final action
would be withdrawn and a new rulemaking would begin by proposing a 30
day comment period. EPA had earlier published a general notice
explaining this special procedure (56 FR 44477, September 4, 1991).
EPA has received comments on this action that address the structure
of the Florida PROGRAM. Accordingly, the Agency is today withdrawing
its approval.
EPA is withdrawing this action without providing prior notice and
opportunity for comment. The Agency finds it has good cause within the
meaning of 5 U.S.C. 553(b) to proceed without notice and comment.
Notice and comment would be impracticable in this case because EPA
needs to withdraw its approval as quickly as possible in order to
consider the comments which the public has submitted or may wish to
submit. Moreover, further notice is not necessary because EPA has
already informed the public it would follow this procedure if it
received a request for the opportunity to comment. For the same
reasons, EPA finds it has good cause under 5 U.S.C. 553(d) to make this
withdrawal immediately effective.
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Small business stationary
source technical and environmental assistance program.
Authority: 42 U.S.C. 7401-7671q.
Therefore the final rule appearing at 59 FR 8542, February 23,
1994. which was to become effective April 25, 1994, is withdrawn.
Dated: April 14, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-9986 Filed 4-22-94; 11:23 am]
BILLING CODE 6560-50-P
