[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46682-46685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21504]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0105; FRL-9968-92-Region 4]
Air Plan Approval; Florida; Permitting Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of portions of five State Implementation Plan (SIP) revisions
submitted by the State of Florida, Department of Environmental
Protection (FDEP), through the Florida Division of Air Resource
Management, on June 23, 1999, July 1, 2011, December 12, 2011, February
27, 2013, and February 1, 2017. Florida's SIP revisions recodify,
clarify, and reorganize the State's non-title V air permitting and
compliance assurance program regulations consistent with flexibility
provided
[[Page 46683]]
under the Clean Air Act (CAA or Act) and EPA's rules which address new
source preconstruction permitting. EPA is finalizing approval of
Florida's SIP revisions on the basis that they are consistent with the
CAA and EPA's requirements for permitting air emission sources.
DATES: This rule will be effective November 6, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0105. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation 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 person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached by phone at (404) 562-9031
and via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
FDEP submitted to EPA for adoption into the Florida SIP five
revisions, three of which were submitted on June 23, 1999, July 1,
2011, and February 27, 2013, as part of the State's efforts to clarify
and streamline Florida's non-title V air permitting and compliance
assurance program and to address EPA's minor source preconstruction
requirements under 40 CFR 51.160-51.164. In addition, on December 12,
2011, FDEP submitted a SIP revision to add a definition of ``North
American Industry Classification System,'' or ``NAICS,'' to the Florida
SIP. On February 1, 2017, FDEP submitted a SIP revision to address
requirements for emissions monitoring at stationary sources. The 1999
SIP submission includes amendments to 16 rule sections in the Florida
Administrative Code (F.A.C.) that were adopted by the State between
1997 and 1999 to clarify and streamline FDEP's permitting process. The
2011 SIP submission includes clarifying and corrective amendments to 11
F.A.C. rule sections affecting FDEP's permitting regulations that were
adopted by the State between 1997 and 2010. In its 2013 SIP submission,
FDEP updates the 1999 and 2011 SIP submissions by either resubmitting
or withdrawing 12 of the 16 F.A.C. rule sections originally included in
those submittals, and providing updated versions of the remaining four
rule sections for incorporation into the Florida SIP.
In a proposed rulemaking published on August 10, 2017 (82 FR
37379), EPA proposed to approve specified portions of the five Florida
SIP revisions on June 23, 1999, July 1, 2011, December 12, 2011,
February 27, 2013, and February 1, 2017. The details of Florida's
submissions and the rationale for EPA's actions are explained in the
proposed rulemaking. Comments on the proposed rulemaking were due on or
before September 11, 2017. EPA received no adverse comments on the
proposed action. Accordingly, in this action, EPA is finalizing action
regarding the relevant regulations (or portions thereof) from these
five SIP submissions.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Florida
Chapters 62-210.200 ``Definitions,'' which was state effective 3/28/12;
62-210.310 ``Air General Permits,'' state effective 6/29/11; 62-210.350
``Public Notice and Comment,'' state effective 10/12/08; 62-296.100
``Purpose and Scope,'' state effective 10/6/08; 62-296.405 ``Fossil
Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat
Input,'' state effective 3/2/99; 62-296.406 ``Fossil Fuel Steam
Generators with Less Than 250 Million Btu Per Hour Heat Input, New and
Existing Emissions Units,'' state effective 3/2/99; 62-296.412 ``Dry
Cleaning Facilities,'' state effective 3/11/10; 62-296.414 ``Concrete
Batching Plants,'' state effective 1/10/07; 62-296.418 ``Bulk Gasoline
Plants,'' state effective 3/11/10; 62-296.500 ``Reasonably Available
Control Technology (RACT)--Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Emitting Facilities,'' state effective
3/11/10; 62-296.508 ``Petroleum Liquid Storage,'' state effective 10/6/
08; 62-297.310 ``General Emissions Test Requirements,'' state effective
3/9/15; and 62-297.450 ``EPA VOC Capture Efficiency Test Procedures,''
state effective 3/2/99. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing approval of portions of the five Florida SIP
revisions submitted to EPA on June 23, 1999, July 1, 2011, December 12,
2011, February 27, 2013, and February 1, 2017, on the basis that they
are consistent with the CAA and EPA's requirements for permitting air
emission sources.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. This action merely
approves state law as meeting federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 46684]]
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do 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);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA and
do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 5, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Dated: September 22, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(c) is amended:
0
a. Under the heading ``Chapter 62-210 Stationary Sources--General
Requirements'' by revising the entries for ``62-210.200'', ``62-
210.310'' and ``62-210.350'';
0
b. Under the heading ``Chapter 62-210 Stationary Sources--General
Requirements'' by removing the entry for ``62-210.920'';
0
c. Under the heading ``Chapter 62-296 Stationary Sources--Emission
Standards'' by revising the entries for ``62-296.100'', ``62-296.405'',
``62-296.406'', ``62-296.412'', ``62-296.414'', ``62-296.418'', ``62-
296.500'' and ``62-296.508'', and
0
d. Under the heading ``Chapter 62-297 Stationary Sources--Emissions
Monitoring'' by revising the entries for ``62-297.310'' and ``62-
297.450''.
The revisions read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation (section) Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200................... Definitions.......... 3/28/12 10/6/17, [Insert Selected definitions
Federal Register are approved into
citation]. the SIP.
* * * * * * *
62-210.310................... Air General Permits.. 6/29/11 10/6/17, [Insert
Federal Register
citation].
62-210.350................... Public Notice and 10/12/08 10/6/17, [Insert Excludes revisions
Comment. Federal Register state effective
citation]. February 11, 1999,
which added 62-
210.350(1)(c) and
62-210.350(4)(a)2,
and revised 62-
210.350(4)(b).
[[Page 46685]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100................... Purpose and Scope.... 10/6/08 10/6/17, [Insert
Federal Register
citation].
* * * * * * *
62-296.405................... Fossil Fuel Steam 3/2/99 10/6/17, [Insert
Generators with More Federal Register
Than 250 Million Btu citation].
Per Hour Heat Input.
62-296.406................... Fossil Fuel Steam 3/2/99 10/6/17, [Insert
Generators with Less Federal Register
Than 250 Million Btu citation].
Per Hour Heat Input,
New and Existing
Emissions Units.
* * * * * * *
62-296.412................... Dry Cleaning 3/11/10 10/6/17, [Insert
Facilities. Federal Register
citation].
62-296.414................... Concrete Batching 1/10/07 10/6/17, [Insert
Plants. Federal Register
citation].
* * * * * * *
62-296.418................... Bulk Gasoline Plants. 3/11/10 10/6/17, [Insert
Federal Register
citation].
* * * * * * *
62-296.500................... Reasonably Available 3/11/10 10/6/17, [Insert
Control Technology Federal Register
(RACT)--Volatile citation].
Organic Compounds
(VOC) and Nitrogen
Oxides (NOX)
Emitting Facilities.
* * * * * * *
62-296.508................... Petroleum Liquid 10/6/08 10/6/17, [Insert Amendments effective
Storage. Federal Register 10/6/08
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.310................... General Emissions 3/9/15 10/6/17, [Insert
Test Requirements. Federal Register
citation].
* * * * * * *
62-297.450................... EPA VOC Capture 3/2/99 10/6/17, [Insert
Efficiency Test Federal Register
Procedures. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-21504 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P