[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47636-47640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0500; FRL-9969-39-Region 4]


Air Plan Approval; Florida; Stationary Sources Emissions 
Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a portion of a State Implementation Plan (SIP) 
revision submitted by the State of Florida, through the Florida 
Department of Environmental Protection (FDEP) on February 1, 2017, for 
the purpose of revising Florida's requirements and procedures for 
emissions monitoring at stationary sources. Florida's February 1, 2017, 
SIP submittal includes amendments to three Florida Administrative Code 
(F.A.C.) rule sections, as well as the removal of one F.A.C. rule 
section from the Florida SIP in order to eliminate redundant language 
and make updates to the requirements for emissions monitoring at 
stationary sources. Additionally, this action includes a correction to 
remove an additional F.A.C. rule that was previously approved for 
removal from the SIP in a separate action but was never removed. EPA is 
taking action on Florida's February 1, 2017, SIP submittal as a direct 
final rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. This 
action is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective December 12, 2017 without 
further notice, unless EPA receives adverse comment by November 13, 
2017. If EPA receives such comments, it 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: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0500 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be

[[Page 47637]]

edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 
or via electronic mail [email protected].

SUPPLEMENTARY INFORMATION:

I. What actions is EPA taking today?

    On February 1, 2017, FDEP submitted to EPA for adoption a SIP 
revision for the purpose of updating Florida's requirements and 
procedures for emissions monitoring at stationary sources. Florida's 
February 1, 2017, SIP submittal included amendments to three F.A.C. 
rule sections and the removal of one F.A.C. rule section from the 
Florida SIP.\1\ Specifically, these changes to Florida's rules included 
the amendments of Rule 62-297.310, F.A.C.--``General Emissions Test 
Requirement;'' \2\ Rule 62-297.440, F.A.C.--``Supplementary Test 
Procedures;'' and Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency 
Test Procedures.'' In addition, Florida's February 1, 2017, SIP 
submittal includes the removal of one of Florida's rule sections from 
the SIP. Specifically, Florida requested to remove Rule 62-297.401, 
F.A.C.--``Compliance Test Methods'' from the State's implementation 
plan because it has been repealed at the state level, and, according to 
the submittal, the section is unnecessary, obsolete or duplicative of 
other F.A.C. Rules.
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    \1\ Florida Administrative Code, ``62-297,'' for example, is a 
rule chapter, and ``62-297.310'' is a rule section, commonly written 
as ``Chapter 62-297, F.A.C.,'' and ``Rule 62-297.310, F.A.C.,'' 
respectively. Throughout this rulemaking, we will use this 
nomenclature to refer to rule chapter and rule sections.
    \2\ Although referenced in the February 1, 2017, SIP submittal 
by the title of ``General Emissions Test Requirements,'' the current 
SIP-approved Rule 62-297.310, F.A.C., is titled ``General Test 
Requirements.'' The renaming of this Rule is included in the 
February 1, 2017, SIP submittal and is being acted on in a separate 
rulemaking.
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    Through this rulemaking, EPA is approving the portions of Florida's 
February 1, 2017, SIP submittal regarding amendments to Rule 62-
297.440, F.A.C., and Rule 62-297.450, F.A.C., as well as the removal of 
Rules 62-297.401, F.A.C., from the State's implementation plan. The 
portion of the SIP regarding Rule 62-297.310 is being discussed in a 
separate rulemaking that is proposing approval of portions of several 
SIP submittals making administrative and recodification changes to 
Florida's SIP. See 82 FR 37379 (August 10, 2017).
    In addition to the removal of Rule 62-297.401, F.A.C., EPA is 
removing Rule 62-297.400, F.A.C.--``EPA Methods Adopted by Reference'' 
from the Florida SIP. The removal of this rule section was previously 
approved by EPA, but was never reflected in Florida's SIP-approved 
rules table in 40 CFR 52.520(c). For more detail on the approval to 
remove Rule 62-297.400, F.A.C., see the June 16, 1999, rulemaking (64 
FR 32346).

II. Analysis of State Submittal

    As mentioned in Section I above, Florida submitted to EPA a SIP 
revision on February 1, 2017, which includes amendments to three of its 
rules to address requirements for emissions monitoring at stationary 
sources and proposed to remove one of its SIP-approved rules. 
Specifically, Florida proposed amendments to Rules 62-297.310, 62-
297.440, and 62-297.450, F.A.C., and proposed to remove Rule 62-
297.401, F.A.C., from the State's implementation plan. A description of 
the changes proposed to these Rules and our analyses of these changes 
is included below.

A. Rule 62-297.401, F.A.C.--``Compliance Test Methods''

    In its February 1, 2017, SIP submittal, Florida requested that Rule 
62-297.401, F.A.C.--``Compliance Test Methods'' be removed from the 
State's implementation plan. This rule section listed the air emissions 
test methods that were to be used whenever a compliance test was 
required by another rule or a permit. These test methods are now 
prescribed in each individual rule that requires a compliance test, and 
as a result, Rule 62-297.401 is no longer needed as its own separate 
list. In addition, Florida incorporates by reference all the necessary 
EPA test methods in Rule 62-204.800, F.A.C--``Federal Regulations 
Adopted by Reference.'' Consequently, Florida has since repealed Rule 
62-297.401, F.A.C., state effective on July 10, 2014. EPA is approving 
the removal of the aforementioned rule from Florida's SIP because the 
requirements are still in place in other state rules, and we believe 
this repealed rule is no longer necessary.

B. Rule 62-297.440, F.A.C.--``Supplementary Test Procedures''

    In Florida's February 1, 2017, SIP submittal the State proposed 
several revisions to Rule 62-297.440, F.A.C.--``Supplementary Test 
Procedures,'' which became state effective on July 10, 2014. This rule 
section listed additional testing methods that could be used in 
conjunction and as a supplement to all other required test methods. In 
its February 1, 2017, SIP submittal, Florida is requesting the removal 
of several subsections because they contain test methods that are 
either adopted by reference in other rule sections or are now obsolete. 
Florida proposed to remove the following subsections from Rule 62-
297.440, F.A.C.: (1)--``ASTM Methods,'' (3)--``American Conference of 
Governmental Industrial Hygienists, Recommended Practices--Industrial 
Ventilation: A Manual of Recommended Practice--Equipment 
Specifications,'' (5)--``Technical Association of Pulp and Paper 
Industry (TAPPI), Test Methods,'' (6)--``Sulphur Development Institute 
of Canada (SUDIC) Sampling and Testing Sulphur Forms,'' and (7)--``EPA 
VOC Capture Efficiency Test Procedures.''
    With the exception of the language from subsection (7)--``EPA VOC 
Capture Efficiency Test Procedures'' (which are now included in Rule 
62-297.450, F.A.C.--``EPA VOC Capture Efficiency Test Procedures''), 
all other subsections mentioned in the paragraph above were repealed 
because they are obsolete and unnecessary. Given that these test 
methods were supplementary and that all required test methods are still 
in place and prescribed in each section or permit that requires 
testing, as mentioned in Section II.B. above, EPA agrees with the 
amendments and is approving the removal of these five subsections from 
Rule 62-297.440, F.A.C.

[[Page 47638]]

C. Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency Test 
Procedures''

    In its February 1, 2017, SIP submittal, Florida proposed several 
revisions to Rule 62-297.450, F.A.C--``EPA VOC Capture Efficiency Test 
Procedures,'' which became state effective on July 10, 2014. This rule 
section lists procedures for determining the capture efficiency of a 
VOC capture system. The February 1, 2017, SIP submittal makes 
clarifying changes to this rule by reformatting the rule, but did not 
change the requirements that had to be met in order to determine the 
capture efficiency of a VOC capture system. Some subsections of the 
rule were removed, and instead, the State references EPA's Emissions 
Measurement Technical Information Center Guideline Document GD-035--
``Guideline for Determining Capture Efficiency,'' January 9, 1995.\3\ 
In addition, amendments to Rule 62-297.450, F.A.C., add language 
removed from subsection 62-297.440(7) mentioned above.
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    \3\ EPA document GD-035, ``Guidelines for Determining Capture 
Efficiency,'' dated January 9, 1995, is available at: https://www3.epa.gov/ttn/emc/guidlnd/gd-035.pdf.
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    EPA is approving the changes provided in Florida's February 1, 
2017, SIP submittal to Rule 62-297.450, F.A.C., on the basis that these 
changes are simply to clarify and simplify the language in the rule, 
and are consistent with EPA's VOC capture efficiency test procedure 
guidelines, as established in the agency's GD-035 guideline.

III. Removal of 62-297.400 From the Florida SIP

    In an April 15, 1996, SIP submittal, Florida requested, among other 
things, the removal of several Rule sections from the State's SIP. 
Specifically, Florida requested to remove fourteen sections from Rule 
Chapter 62-297, F.A.C., including Rules 62-297.400, 62-297.411, 62-
297.412, 62-297.413, 62-297.414, 62-297.415, 62-297.416, 62-297.417, 
62-297.418, 62-297.419, 62-297.421, 62-297.422, 62-297.423, and 62-
297.424, F.A.C. In a June 16, 1999 (64 FR 32346), rulemaking, EPA 
approved the removal of these Florida rule sections from the State's 
SIP at the same time that the agency added a table of SIP-approved 
rules at 40 CFR 52.520.\4\ However, when creating this table, EPA 
inadvertently included some of the rules that were being removed from 
Florida's SIP. The rules that were mistakenly left in the table under 
Chapter 62-297, F.A.C., are Rules 62-297.400, 62-297.411, 62-297.412, 
62-297.413, 62-297.415, 62-297.416, 62-297.417, and 62-297.423, F.A.C.
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    \4\ The list of EPA-approved regulations in Florida's SIP can be 
found in Table (c) of 40 CFR part 52, Subsection 520 [40 CFR 
52.520(c)].
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    On November 29, 2012, Florida submitted to EPA a letter requesting 
that corrections be made to the table at 40 CFR 52.520(c), including 
the removal of those rules that were approved for removal but left in 
the table. As a response to the November 29, 2012, letter, EPA 
published a Correcting Amendments rulemaking on June 20, 2013 (78 FR 
37132), to make the requested corrections to Rule Chapter 62-297 in 
table 52.520(c) of the Florida SIP. In the June 20, 2013, correction, 
EPA removed all remaining rules that were previously approved for 
removal with the exception of Rule 62-297.400, F.A.C.
    Although not requested by Florida in their February 1, 2017, SIP 
submittal, EPA is making the correction to the table at 40 CFR 52.520 
regarding Rule 62-297.400, F.A.C., at this time. At the time of the 
repeal of this rule, the latest SIP-approved version of Rule 62-
297.400, F.A.C., included references to Rule 62-297.401, F.A.C., and 
Rules 62-297.411 through 62-297.424, F.A.C., which are either removed 
from the SIP or are being approved for removal in this rulemaking. If 
Rule 62-297.400, F.A.C., was left in the Florida SIP, it would continue 
to make reference to SIP-approved rules that no longer exist in the 
State's implementation plan and could lead to confusion. Since this 
rule was previously approved for removal in the June 16, 1999, 
rulemaking, EPA is now removing the aforementioned rule from the 
Florida SIP.

IV. 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 Rule 62-
297.440, F.A.C., entitled ``Supplementary Test Procedures'' and Rule 
62-297.450, F.A.C., entitled ``EPA VOC Capture Efficiency Test 
Procedures,'' both state effective on July 19, 2014. 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's 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.\5\
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    \5\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is taking direct final action to approve the aforementioned 
changes to the SIP, as submitted to us in Florida's February 1, 2017, 
SIP revision. Specifically, EPA is approving the amendments to Rule 62-
297.440, F.A.C., and Rule 62-297.450, F.A.C., both state effective on 
July 19, 2014, as well as the removal of Rule 62-297.401, F.A.C., from 
Florida's SIP. In addition, EPA is removing Rule 62-297.400, F.A.C., 
from Florida's SIP as approved in a previous rulemaking.\6\ This action 
is limited to the two rule revisions and two rule removals mentioned 
above and does not act on other portions of the February 1, 2017, 
submittal that are covered under a separate rulemaking.
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    \6\ See Section III of this rulemaking for details on Rule 62-
297.400.
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    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 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 December 12, 
2017 without further notice unless the Agency receives adverse comments 
by November 13, 2017. If 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 adverse comments received will 
then be addressed in a subsequent final rule based on the proposed 
rule. 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 
December 12, 2017 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 the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations.

[[Page 47639]]

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 CAA. 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, this 
action:
     Is 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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is 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.);
     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);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is 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
     does 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 12, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 29, 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 under ``Chapter 62-297 Stationary 
Sources--Emissions Monitoring'' by removing the entries for ``62-
297.400'' and ``62-297.401'' and revising the entries for ``62-
297.440'' and ``62-297.450'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
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                                                          State
  State citation  (section)       Title/subject         effective      EPA approval  date        Explanation
                                                          date
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                                                  * * * * * * *
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                             Chapter 62-297 Stationary Sources--Emissions Monitoring
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                                                  * * * * * * *
62-297.440..................  Supplementary Test          7/10/2014  10/13/2017, [Insert
                               Procedures.                            citation of
                                                                      publication].
62-297.450..................  EPA VOC Capture             7/10/2014  10/13/2017, [Insert
                               Efficiency Test                        citation of
                               Procedures.                            publication].
 
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[FR Doc. 2017-22114 Filed 10-12-17; 8:45 am]
 BILLING CODE 6560-50-P