Approval and Promulgation of Implementation Plans; Florida: Southeast Florida Area Maintenance Plan Update

[Federal Register: February 13, 2004 (Volume 69, Number 30)]
[Rules and Regulations]
[Page 7127-7133]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe04-11]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FL-91-200323(a); FRL-7622-1]

Approval and Promulgation of Implementation Plans; Florida:
Southeast Florida Area Maintenance Plan Update

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Florida Department of Environmental
Protection (FDEP) on December 20, 2002. This SIP revision satisfies the
requirement of the Clean Air Act (CAA) for the second 10-year update
for the Southeast Florida area (Dade, Broward, and Palm Beach Counties)
1-hour ozone maintenance plan. For transportation purposes, EPA is also
finalizing its adequacy determination of the new Motor Vehicle
Emissions Budgets (MVEBs) for the year 2015. EPA has determined that
the MVEBs for the year 2015 contained in this SIP revision are adequate
for transportation conformity purposes.

DATES: This direct final rule is effective April 13, 2004 without
further notice, unless EPA receives adverse comment by March 15, 2004.
If adverse comment is received, EPA 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: Comments may be submitted by mail to: Heidi LeSane,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments
may also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in Part I.B.1.
through 3 of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Heidi LeSane, Air, Pesticides & Toxics
Management Division, Air Planning Branch, Regulatory Development
Section, U.S. Environmental Protection Agency Region 4, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Mrs.
LeSane's phone number is 404-562-9035. She can also be reached via
electronic mail at lesane.heidi@epa.gov or Lynorae Benjamin, Air,
Pesticides & Toxics Management Division, Air Planning Branch, Air
Quality Modeling & Transportation Section, U.S. Environmental
Protection Agency Region 4, Atlanta Federal Center, 61 Forsyth Street,
SW., Atlanta, Georgia 30303-8960. Ms. Benjamin's phone number is 404-
562-9040. She can also be reached via electronic mail at
benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under FL-91. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Regulatory Development Section, Air Planning Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 9 to 3:30, excluding Federal
holidays.
2. Copies of the State submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment, at the State Air Agency. Florida
Department of Environmental Protection, Twin Towers Office Building,
2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at
http://www.regulations.gov where you can find, review, and
submit comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.

B. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking FL-91'' in the subject line on
the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.

[[Page 7128]]

1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
lesane.heidi@epa.gov. Please include the text ``Public comment on
proposed rulemaking FL-91`` in the subject line. EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulation.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
Environmental Protection Agency at the top of the page and use the go
button. The list of current EPA actions available for comment will be
listed. Please follow the online instructions for submitting comments.
The system is an ``anonymous access'' system, which means EPA will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Heidi LeSane, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please include the
text ``Public comment on proposed rulemaking FL-91'' in the subject
line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Heidi
LeSane, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, 12th floor, U.S.
Environmental Protection Agency Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 9 to 3:30
excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD-ROM, mark the outside of the
disk or CD-ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.

II. Background

The air quality maintenance plan is a requirement of the 1990 CAA
for nonattainment areas that come into compliance with the national
ambient air quality standard (NAAQS). The Southeast Florida area (Dade,
Broward, and Palm Beach Counties) were not in compliance with the 1-
hour ozone air quality standard until 1990, when air quality
measurements showed compliance with the standard. The State
subsequently requested that EPA redesignate these counties as
attainment/maintenance for the 1-hour ozone standard. Included with
this request was a 10-year air quality maintenance plan covering the
years 1995 to 2005. This plan was developed in accordance with the
appropriate guidelines. The EPA published approval of this plan on
February 24, 1995, and it became effective on April 25, 1995 (60 FR
10325).
Subsequent revisions to this maintenance plan were made. The
Florida Department of Environmental Protection (FDEP) revised the
original plan to update emissions inventories reflecting more accurate
emission estimates, to define specific MVEBs, to remove emissions
reduction credits attributable to the motor vehicle inspection program
(MVIP) (66 FR 40137), and to provide sub-area MVEBs for the three
maintenance counties in Southeast Florida (63 FR 56568). The current
plan was approved by EPA on August 2, 2001, and became effective on
September 4, 2001 (66 FR 40137).

III. Analysis of State's Submittal

On December 20, 2002, the FDEP submitted revisions to Florida SIP
to provide a 10-year extension to the maintenance plan as required by
section 175A(b) of the CAA as amended in 1990. The underlying strategy
of the

[[Page 7129]]

maintenance plan is to maintain compliance with the 1-hour ozone
standard by assuring that current and future emissions of volatile
organic compounds (VOC) and nitrogen oxides (NO_X) remain at
or below attainment year emission levels. The estimated emissions of
ozone precursors (i.e.,VOC and NO_X) for the three counties
for the Southeast Florida area during the 1990 ozone season are
provided in the following table. Projected VOC and NO_X
emissions for 2005 and 2015 are also provided.

Volatile Organic Compounds
[tons per day]
----------------------------------------------------------------------------------------------------------------
1990
VOC Category base 2005 2015
year
----------------------------------------------------------------------------------------------------------------
Dade.......................................... Stationary Point..................... 11.5 6.0 7.1
Stationary Area...................... 161.0 104.2 121.5
On-Road Mobile....................... 177.7 59.7 32.7
Non-Road Mobile...................... 49.6 38.4 30.3
Biogenic............................. 211.3 211.3 211.3
----------
Total..................................... n/a.................................. 611 419.6 402.9
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 191.4 208.1
projected year total.
-----------------------------------------------
Broward....................................... Stationary Point..................... 15.2 4.7 5.3
Stationary Area...................... 55.6 71.1 82.7
On-Road Mobile....................... 132.2 52.9 29.1
Non-Road Mobile...................... 36.6 25.9 18.8
Biogenic............................. 174.5 174.5 174.5
----------
Total..................................... n/a.................................. 414.1 329.1 310.4
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 85 103.7
projected year total.
-----------------------------------------------
Palm Beach.................................... Stationary Point..................... 1.3 2.0 2.3
Stationary Area...................... 84.1 77.7 89.3
On-Road Mobile....................... 99.1 39.6 22.8
Non-Road Mobile...................... 43.9 30.4 22.3
Biogenic............................. 399.6 399.6 399.6
----------
Total..................................... ..................................... 628 549.3 536.3
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 78.7 91.7
projected year total.
----------
Overall Total......................... n/a.................................. 1653.1 1297.9 1249.5
----------
Total Safety Margin................... n/a.................................. n/a 355.1 403.5
----------------------------------------------------------------------------------------------------------------

Nitrogen Oxide
[tons per day]
----------------------------------------------------------------------------------------------------------------
1990
NOX Category base 2005 2015
year
----------------------------------------------------------------------------------------------------------------
Dade.......................................... Stationary Point..................... 41.3 40.9 50.7
Stationary Area...................... 12.5 8.7 9.6
On-Road Mobile....................... 157.3 102.0 42.1
Non-Road Mobile...................... 57.3 67.4 56.2
Biogenic............................. 3.0 3.0 3.0
----------
Total..................................... n/a.................................. 271.4 222.0 161.6
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 49.4 109.8
projected year total.
-----------------------------------------------
Broward....................................... Stationary Point..................... 109.2 51.5 62.5
Stationary Area...................... 6.9 8.3 9.0
On-Road Mobile....................... 117.0 90.4 37.4
Non-Road Mobile...................... 41.9 49.6 39.9
Biogenic............................. 1.8 1.8 1.8
----------

[[Page 7130]]

Total..................................... n/a.................................. 276.8 201.6 150.6
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 75.2 126.2
projected year total.
-----------------------------------------------
Palm Beach.................................... Stationary Point..................... 37.8 28.1 33.6
Stationary Area...................... 4.2 5.6 6.0
On-Road Mobile....................... 87.7 67.7 29.3
Non-Road Mobile...................... 41.7 49.3 39.4
Biogenic............................. 2.4 2.4 2.4
----------
Total..................................... n/a.................................. 173.8 153.1 110.7
----------
Safety Margin............................. Calculated as 1990 base-year minus n/a 20.7 63.1
projected year total.
----------
Overall Total......................... n/a.................................. 722.0 576.7 422.8
----------
Total Safety Margin................... n/a.................................. n/a 145.3 299.1
----------------------------------------------------------------------------------------------------------------

This SIP revision satisfies the requirement of the CAA for the
second 10-year update for the Southeast Florida area 1-hour ozone
maintenance plan. Changes to the current maintenance plan include
revisions to the emissions inventory for both on-road and non-road
mobile sources, reflecting improved methodologies contained in the
MOBILE6 and NONROAD emission models. New emissions data for both the
base year (attainment year) and the projected years (2005 and 2015) are
calculated.

IV. Finalization of MVEBs Adequacy Determination for Transportation
Conformity Purposes

The second 10-year update for the Southeast Florida area 1-hour
ozone maintenance plan also contains updated MVEBs in support of the
transportation conformity process. These updated MVEBs are defined for
volatile organic compounds (VOC) and nitrogen oxides (NO_X)
for each county in the Southeast Florida maintenance area. The updated
budgets for 2005 replace the previous MVEBs contained in the first
maintenance plan, which were based on an older emissions estimate using
MOBILE5 emission factors for on-road motor vehicles. Additionally, this
maintenance plan update provides new MVEBs for the year 2015.
The availability of the SIP with MVEBs for 2015 was placed on EPA's
adequacy Web page on January 7, 2003. No request for this SIP submittal
or adverse comments were received by the end of the public comment
period on February 7, 2003. In this action, EPA finds the 2015 MVEBs
adequate for transportation conformity, and is approving the MVEBs for
2005 and 2015. Note, since the 2005 MVEBs are replacing existing 2005
MVEBs, these budgets are not subject to EPA's adequacy process. This is
because EPA generally will not review the adequacy of a budget from a
submitted SIP that revises an existing approved SIP with budgets for
the same year and CAA requirement (68 FR 38974).
Under the CAA, States are required to submit, at various times,
control strategy SIPs and maintenance plans in ozone areas. These
control strategy SIPs (e.g. reasonable further progress SIPs and
attainment demonstration SIPs) and maintenance plans create MVEBs for
criteria pollutants and/or their precursors to address pollution from
cars and trucks. The MVEBs are the portion of the total allowable
emissions that is allocated to highway and transit vehicle use and
emissions. The MVEBs serve as a ceiling on emissions from an area's
planned transportation system. The MVEB concept is further explained in
the preamble to the November 24, 1993, transportation conformity rule
(58 FR 62188). The preamble also describes how to establish the MVEBs
in the SIP and revise the MVEBs.
Under section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (e.g. be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards. If a transportation plan
does not ``conform,'' most projects that would expand the capacity of
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA
policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP.
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA must affirmatively find the MVEBs contained
therein are ``adequate'' for use in determining transportation
conformity. Once EPA affirmatively finds the submitted MVEBs are
adequate for transportation conformity purposes, that MVEB can be used
by the State and Federal agencies in determining whether proposed
transportation projects ``conform'' to the State implementation plan as
required by section 176(c) of the Clean Air Act. EPA's substantive
criteria for determining ``adequacy'' of MVEBs are set out in 40 CFR
93.118(e)(4).
EPA's process for determining ``adequacy'' consists of three basic
steps: public notification of a SIP submission, a public comment
period, and EPA's adequacy finding. This process for determining the
adequacy of submitted SIP MVEBs is set out in EPA's May 14, 1999
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision''. This guidance is incorporated into EPA's
June 30, 2003, EPA proposed rulemaking entitled ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes'' (68 FR

[[Page 7131]]

38974). EPA follows this guidance in making its adequacy determination.
Specific emissions budget is defined for VOC and NO_X for
the Southeast Florida area in the Florida submittal. Pursuant to 40 CFR
93.124(d), Southeast Florida has elected to allocate subarea budgets
for each of the counties for the purpose of transportation conformity.
The specific MVEBs for Dade County in 2005 and 2015 are 74.6 tpd for
VOC and 127.5 tpd for NO_X. Broward County's MVEB for 2005
and 2015 are 66.1 tpd for VOC and 113 tpd for NO_X. Palm
Beach County's MVEB for 2005 and 2015 are 49.5 tpd for VOC and 84.6 tpd
for NO_X. With this allocation, each county must demonstrate
conformity to the county-specific subarea budgets. The chart below
provides a summary of the county-specific subarea budgets.

MVEB
[Tons per day]
----------------------------------------------------------------------------------------------------------------
County Pollutant 2005 2015
----------------------------------------------------------------------------------------------------------------
Dade.......................................... VOC............................. 74.6 74.6
NOX............................. 127.5 127.5
Broward....................................... VOC............................. 66.1 66.1
NOX............................. 113.0 113.0
Palm Beach.................................... VOC............................. 49.5 49.5
NOX............................. 84.6 84.6
VOC............................. 190.2 190.2
-----------------
Total..................................... NOX............................. 325.1 325.1
----------------------------------------------------------------------------------------------------------------

The MVEBs are defined for each Southeast Florida county, for 2005
and 2015, in the State's submittal. The values, for both years, are
equal to the 2005 on-road mobile source projected level of emissions
plus a buffer of 25 percent. This buffer, which is an allocation from
the safety margin, accounts for uncertainty in the projections and is
available because of significant reductions of VOC and NO_X
that have occurred, and are projected to occur, primarily from mobile
sources. The MVEBs are constrained in each of the budget years to
assure that the total emissions (i.e., all source categories) do not
exceed the 1990 attainment year emissions. In no case are the projected
total emissions from mobile sources for any year, greater than the
attainment year emissions totals for either VOC or NO_X.
Under 40 CFR 93.101, the term safety margin is the difference
between the attainment level (from all sources) and the projected level
of emissions (from all sources) in the maintenance plan. The attainment
level of emissions is the level of emissions during one of the years in
which the area met the air quality health standard. The safety margin
credit can be allocated to the transportation sector, however the total
emission level must stay below the attainment level.

Safety Margins
[Tons per day]
----------------------------------------------------------------------------------------------------------------
VOC 2005 2015 NOX 2005 2015
----------------------------------------------------------------------------------------------------------------
Dade
----------------------------------------------------------------------------------------------------------------
Safety Margin.............................. 191.4 208.1 Safety Margin...................... 49.4 109.8
Allocation to MVEB......................... 14.9 41.9 Allocation to MVEB................. 25.5 85.4
Remaining Safety Margin after partial 176.5 166.2 Remaining Safety Margin after 23.9 24.4
allocation. partial allocation.
--------------------------------------------
Broward
----------------------------------------------------------------------------------------------------------------
Safety Margin.............................. 85 103.7 Safety Margin...................... 75.2 126.2
Allocation to MVEB......................... 13.2 37 Allocation to MVEB................. 22.6 75.6
Remaining Safety Margin after partial 71.8 66.7 Remaining Safety Margin after 52.6 50.6
allocation. partial allocation.
--------------------------------------------
Palm Beach
----------------------------------------------------------------------------------------------------------------
Safety Margin.............................. 78.6 91.6 Safety Margin...................... 20.7 63.1
Allocation to MVEB......................... 9.9 26.7 Allocation to MVEB................. 16.9 55.3
Remaining Safety Margin after partial 68.7 64.9 Remaining Safety Margin after 3.8 7.8
allocation. partial allocation.
----------------------------------------------------------------------------------------------------------------

V. Final Action

EPA is approving the second 10-year update for the Southeast
Florida area 1-hour ozone maintenance plan. In this action, EPA also
finds the 2015 MVEBs adequate for transportation conformity purposes
and is approving the MVEBs for 2005 and 2015. EPA's adequacy
determination for the 2015 MVEBs is based on EPA's finding that the
substantive criteria for determining adequacy of a MVEB, under 40 CFR
93.118(e)(4), have been met. The MVEBs will be available for use upon
the effective date of this action. The MVEBs, based on the on-road
mobile sources, are to be used by the local metropolitan planning
organizations and transportation authorities to assure that
transportation plans, programs, and projects are consistent with, and
conform to, the long term maintenance of acceptable air quality in the
Southeast Florida area.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed

[[Page 7132]]

rules section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
April 13, 2004 without further notice unless the Agency receives
adverse comments by March 15, 2004.
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. 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 April 13, 2004 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 April 13, 2004. 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,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: January 26, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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 et seq.

Subpart K--Florida

? 2. Section 52.520 (e), is amended by revising the entry for ``Revision
to Maintenance Plan for Southeast Florida Area'' to read as follows:

Sec. 52.520 Identification of plan.

* * * * *
(e) * * *

[[Page 7133]]

EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective Federal Register
Provision date EPA approval date notice Explanation
----------------------------------------------------------------------------------------------------------------
Revision to Maintenance Plan December 20, 2002. February 13, 2004. [Insert citation of 10 year update.
for Southeast Florida Area. publication]

* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 04-3074 Filed 2-12-04; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Approval and Promulgation of Implementation Plans; Florida: Southeast Florida Area Maintenance Plan Update

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