Section 112(l) Approval of the State of Florida's Construction Permitting Program

Environmental Protection Agency (EPA).

Proposed rule: Clarification.

-----------------------------------------------------------------------

On February 1, 1996 (61 FR 3572), the Environmental Protection Agency published in the Federal Register a direct final rule for State Implementation Plan (SIP) and section 112(l) approval of the State of Florida's minor source operating permit program so that Florida could begin to issue federally-enforceable operating permits on a source's potential emissions and thereby avoid major source applicability. Today's action is taken to clarify that EPA's section 112(l) approval of the Florida minor source operating permit program extended to the State's minor source preconstruction permitting program as well as the operating permit program to allow Florida to issue both Federally- enforceable construction permits and Federally-enforceable operating permits pursuant to section 112 of the Clean Air Act (CAA) as amended in 1990. In the Final Rules Section of this Federal Register, the EPA is clarifying that the section 112(l) approval of the Florida minor source operating permit program extended to the State's minor source preconstruction permitting program as well as the operating permit program as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

Written comments must be received on or before March 5, 1999.

All comments should be addressed to: Lee Page, U.S. Environmental Protection Agency, Region 4, Air and Radiation Technology Branch, Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303; page.lee@epamail.epa.gov. Copies of Florida's original submittal and accompanying documentation are available for public review during normal business hours, at the address listed above.

Lee Page, U.S. Environmental Protection Agency, Region 4, Air and Radiation Technology Branch, Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303, Phone: (404) 562-9131; page.lee@epamail.epa.gov.