[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Rules and Regulations]
[Pages 49064-49066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23820]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-60-1-6929a; FRL-5609-3]
Approval and Promulgation of Lead State Implementation Plan for
the State of Florida
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: On August 18, 1994, the Florida Department of Environmental
[[Page 49065]]
Protection (FDEP) submitted revisions to the Florida State
Implementation Plan (SIP). The revision includes amendments to the
rules in the Florida Administrative Code, Chapters 17-275, Air Quality
Areas, and 17-296, Stationary Sources--Emission Standards. These
revisions provide for the control of lead emissions from facilities in
the State of Florida, and will replace the Federal Implementation Plan
requirements. The approval of this plan does not satisfy the
requirements of 40 CFR 51.117 which requires the State to submit a
source-specific lead plan for Gulf Coast Recycling located in the
Hillsborough County lead nonattainment area.
DATES: This action is effective November 18, 1996 unless adverse or
critical comments are received by October 18, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to Ms.
Kimberly Bingham at the EPA Regional Office listed below.
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 Programs Branch, 100
Alabama Street, Atlanta, Georgia 30303-3104.
Florida Department of Environmental Protection, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory
Planning and Development Section, Air Programs Branch, Air, Pesticides
& Toxics Management Division, Region 4 Environmental Protection Agency,
Courtland Street NE, Atlanta, Georgia, 30365. The telephone number is
(404) 347-2864 extension 4195.
SUPPLEMENTARY INFORMATION: On September 17, 1984, the State of Florida
through FDEP submitted a lead implementation plan, and on November 1,
1985, (50 FR 45605) EPA took final action on the lead SIP. The action
disapproved the regulatory portion of the SIP because the regulations
needed to implement specific measures necessary to assure attainment
and maintenance of the lead national ambient air quality standards
(NAAQS) were not included. The EPA promulgated a source-specific
Federal Implementation Plan to replace the disapproved Florida lead
SIP.
On June 24, 1992, EPA Region 4, notified the Governor of Florida
that a portion of Hillsborough County should be redesignated
nonattainment for lead (57 FR 44374) based on a violation of the lead
NAAQS which is 1.5 micrograms per cubic meter. A lead value of 2.27
micrograms per cubic meter was reported the fourth quarter of 1991 by a
monitor located south of the Gulf Coast Recycling plant boundary. On
January 8, 1993, the State of Florida requested that the portion of
Hillsborough County surrounding the Gulf Coast Recycling Company be
redesignated to nonattainment for lead. The EPA published a Notice of
Proposed Rulemaking in the Federal Register requesting that the area be
designated nonattainment (58 FR 44641). Final rulemaking on this issue
has not occurred because Region 4 agreed to allow the State of Florida
to withdraw their nonattainment redesignation request if they submitted
an approvable lead submittal that provided for the attainment of the
lead NAAQS. On August 18, 1994, FDEP submitted revisions to the Florida
SIP. The revisions include amendments to the rules in the Florida
Administrative Code, Chapters 17-275, Air Quality Areas, and 17-296,
Stationary Sources--Emission Standards. These revisions provide for the
control of lead emissions from facilities in the State of Florida. This
plan will serve only to replace the Federal Implementation Plan
requirements codified in 40 CFR 52.535. The State of Florida will be
submitting a source-specific plan for Gulf Coast Recycling that
provides for the attainment of the lead NAAQS in the Hillsborough
County lead nonattainment area and must do so to satisfy the
requirements of 40 CFR 51.117.
The EPA is not taking action on Chapter 17-275.410--Designation of
Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas)
and Chapter 17-275.600--Designation of Air Quality Maintenance Areas in
this document.
Summary of SIP Revisions
Chapter 17-296.200--Definitions
This chapter defines all lead processing operations subject to
these SIP revisions.
Chapter 17-296.600
To control lead emissions in the State of Florida, this chapter
requires that all facilities located in the affected area to use
reasonable available control technologies (RACT). This chapter requires
all affected facilities to submit a revised permit application to the
State of Florida that includes an operation and maintenance plan for
the lead emissions control devices, collection systems, and processing
systems. All affected facilities must keep records of the control
equipment operating parameters, maintenance performed, and system
malfunctions of the lead emission control equipment and failures and
corrective actions taken.
Chapter 17-296.601
This chapter requires the operators of the affected lead facilities
to control their fugitive lead emissions with RACT, and include a
description of the RACT measures to be employed at the facility.
Examples of measures that constitute RACT are also listed in this
chapter.
Chapters 17-296.602, 17-296.603, 17-296.604, 17-296.605
These chapters require the affected lead facilities to be equipped
with RACT to control their lead emissions, and include air dispersion
modeling in their air permit applications that demonstrates that their
facility will not contribute to a violation of the lead NAAQS. These
chapters also list the emission limiting standards for all of the
affected lead facilities.
Final Action
The EPA has evaluated the State's submittal for consistency with
the Clean Air Act, EPA regulations, and EPA policy. The EPA has
determined that the rules submitted by the State of Florida meet the
Clean Air Act's requirements and is approving this submittal under
section 110(k)(3).
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 is effective
November 18, 1996 unless, within 30 days of its publication, 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
[[Page 49066]]
comments received will then be addressed in a subsequent final rule
based on the proposed rule published with this action. 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
is effective November 18, 1996.
Under section 307(b)(1) of the Clean Air Act (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
November 18, 1996. 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 for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or 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 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, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2) and 7410(k)(3).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 110 of the CAA.
These rules may bind State, local and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. EPA has examined whether the rules being approved by this
action would impose no new requirements, since such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action, and therefore there will be no
significant impact on a substantial number of small entities.
Under 5 U.S.C. 801(a)(1)(A) Act (APAA) as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 General Accounting Office prior to publication of the rule in
today's Federal Register. This rule is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.
Dated: August 15, 1996.
R.F. McGhee,
Acting Regional Administrator.
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)(91) to read as
follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
(91) The State of Florida submitted revisions to the FDEP
Administrative Code for the Air Pollution Control Program on August 18,
1994. These revisions provide for the control of lead emissions from
facilities in the State of Florida, and will replace the Federal
Implementation Plan requirements codified in 40 CFR 52.535.
(i) Incorporation by reference. Chapters 17-296.200 (97) and (163)
introductory paragraph and (e), 17-296.600-605 effective on August 8,
1994.
(ii) Other material. None.
3. Section 52.535 is removed and reserved.
[FR Doc. 96-23820 Filed 9-17-96; 8:45 am]
BILLING CODE 6560-50-P
