[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Rules and Regulations]
[Pages 32353-32354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15012]
Federal Register / Vol. 64, No. 115 / Wednesday, June 16, 1999 /
Rules and Regulations
[[Page 32353]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-61-2-9823a; FRL -6352-3]
Approval and Promulgation of Implementation Plans; Florida:
Approval of Revisions to the Florida State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Florida State
Implementation Plan (SIP) submitted on November 22, 1994, by the State
of Florida through the Florida Department of Environmental Protection
(FDEP). This revision adds Chapter 62-204, Air Pollution Control--
General Provisions, to the Florida SIP.
DATES: This direct final rule is effective on August 16, 1999 without
further notice, unless EPA receives adverse comments by July 16, 1999.
If EPA receives adverse comment, we 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: You should address comments on this action to Joey LeVasseur
at the EPA, Region 4, Air Planning Branch, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960. Copies of documents related to this action
are available for the public to review during normal business hours at
the locations below. If you would like to review these documents,
please make an appointment with the appropriate office at least 24
hours before the visiting day. Reference file FL61-2-9823. The Region 4
office may have additional documents not available at the other
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 4 Air Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
Office of the Federal Register, 800 North Capitol Street, NW, Suite
700, Washington, DC.
Florida Department of Environmental Protection, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at 404/562-9035 (E-
mail: levasseur.joey@epa.gov).
SUPPLEMENTARY INFORMATION: The State of Florida through the FDEP
submitted revisions to the Florida SIP on November 22, 1994. These
revisions consist of a new Chapter 62-204, Air Pollution Control--
General Provisions, that includes six new sections: ``Purpose and
Scope,'' ``Definitions,'' ``Approved State Implementation Plan,''
``Public Notice and Hearing Requirements,'' ``General Conformity,'' and
``Transportation Conformity.''
Three of these sections, however, are not being approved into the
SIP at this time. Section 62-204.300, ``Approved State Implementation
Plan,'' simply identifies the SIP for users of state rules and was not
intended as a SIP revision. Section 62-204.500, ``General Conformity,''
and Section 62-204.600, ``Transportation Conformity,'' are not being
approved here and will be addressed in a separate action.
The revisions being approved in this action are discussed below.
Section 62-204.100, Purpose and Scope--This section is simply an
introductory paragraph that identifies the purpose of Chapter 62-204
and does not have any regulatory significance.
Section 62-204.200, Definitions--This section defines various terms
that will be used in this Chapter whose definition might otherwise be
unclear.
Section 62-204.400, Public Notice and Hearing Requirements for
State Implementation Plan Revisions--This section sets forth the public
notice and hearing requirements for the State to make an official SIP
submittal. This section was previously approved as Section 17-
210.350(3), but has been moved to Chapter 62-204 and revised for
clarity.
Final Action
EPA is approving the aforementioned changes to the SIP without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comments. However, in this issue
of the Federal Register, 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 August 16, 1999
without further notice unless the agency receives relevant adverse
comments by July 15, 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 on the rule. 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
August 16, 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 review under Executive Order 12866, entitled
Regulatory Planning and Review.
B. Executive Order 13045
The final rule is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety
Risks, because it is not an ``economically significant'' action under
Executive Order 12866.
C. Regulatory Flexibility
The Regulatory Flexibility Act 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 government 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
CAA, preparation of a 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. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
D. 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
costs to State,
[[Page 32354]]
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 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.
E. 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).
F. 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 August 16, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: September 9, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Note: This document was received at the Office of the Federal
Register on June 9, 1999.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
2. Section 52.536 (redesignated from Sec. 52.520, effective June
16, 1999) is amended by adding paragraph (c)(100) to read as follows:
Sec. 52.536 Original identification of plan section.
* * * * *
(c) * * *
(100) Revisions to Chapter 62-204, Stationary Sources--General
Requirements, of the Florida SIP submitted by the Department of
Environmental Protection on November 22, 1994.
(i) Incorporation by reference. Sections 62-204.100, 62-204.200,
and 62-204.400 of the Florida SIP, effective November 30, 1994.
(ii) Other material. None.
* * * * *
[FR Doc. 99-15012 Filed 6-15-99; 8:45 am]
BILLING CODE 6560-50-P
