Approval and Promulgation of Implementation Plans Florida; Prevention of Significant Deterioration, 36435-36439 [E8-14400]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded, under the
Instruction, that there are no factors in
this case that would limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation because it establishes a
safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and Record Keeping
Requirements, Security Measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A temporary section in 165.T13–
035 is added to read as follows:
jlentini on PROD1PC65 with RULES
§ 165.T13–035 Safety Zone: Wreckage of
the M/V NEW CARISSA, Pacific Ocean 3
Nautical Miles North of the Entrance to
Coos Bay, Oregon.
(a) Location. The following area is a
safety zone: The waters of the Pacific
Ocean encompassed by a 1000 yard
radius surrounding the wreckage of the
M/V NEW CARISSA located 3 NM north
of the entrance to Coos Bay, Oregon.
(b) Enforcement period. This rule will
be in effect from 10 a.m. June 05, 2008,
to 11:59 p.m. August 31, 2008.
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into this safety zone is
prohibited unless authorized by the
Captain of the Port or his designated
representative.
Dated: June 5, 2008.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the
Port Portland.
[FR Doc. E8–14616 Filed 6–26–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0130–200814; FRL–
8684–4]
Approval and Promulgation of
Implementation Plans Florida;
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
conditionally approve revisions to the
Florida State Implementation Plan (SIP)
submitted by the State of Florida on
February 3, 2006. The SIP revisions
modify the Florida Prevention of
Significant Deterioration (PSD) program
to address changes to the federal new
source review (NSR) regulations, which
were promulgated by EPA on December
31, 2002, and reconsidered with minor
changes on November 7, 2003
(commonly referred to as the ‘‘2002 NSR
Reform Rules’’). In addition EPA is
approving Florida’s concurrent February
3, 2006, request to make the State’s PSD
permitting program applicable to
electric power plants, which are also
subject to the Florida Electrical Power
Plant Siting Act (PPSA). EPA proposed
conditional approval of these revisions
on April 4, 2008; no comments were
received on that proposal.
DATES: Effective Date: This rule will be
effective July 28, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0130. All documents in the docket
are listed on the https://
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
36435
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy 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 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 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Florida State
Implementation Plan, contact Ms. Heidi
LeSane, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9074.
Ms. LeSane can also be reached via
electronic mail at lesane.heidi@epa.gov.
For information regarding New Source
Review, contact Ms. Yolanda Adams,
Air Permits Section, at the same address
above. The telephone number is (404)
562–9214. Ms. Adams can also be
reached via electronic mail at
adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What is the background of EPA’s action on
the Florida PSD rule revisions?
III. What is the background of EPA’s action
on Florida’s PSD program for electric
power plants?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
NSR Reform Revisions. EPA is taking
final action to conditionally approve
revisions to the Florida SIP (Florida
Administrative Code (F.A.C.) Chapters
62–204, 62–210, and 62–212) as
submitted by the Florida Department of
Environmental Protection (FDEP) on
February 3, 2006, which included
changes to Florida’s PSD program. As
part of the current conditional approval,
Florida has agreed to (1) revise the
definition of ‘‘new emissions unit’’ to be
consistent with the federal definition or
revise the definition to define what is
meant by ‘‘beginning normal operation’’
and provide an equivalency
demonstration supporting the revised
definition; (2) revise the definition of
‘‘significant emissions rate’’ to include
ozone depleting substances; (3)
E:\FR\FM\27JNR1.SGM
27JNR1
36436
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
withdraw the request that EPA include
a significant emissions rate for mercury
in the Florida SIP, specifically F.A.C.
Chapter 62–210.200(243)(a)2; and (4)
revise the recordkeeping requirements
at F.A.C. section 62–212.300(3)(a)1 to be
consistent with federal requirements
found at 40 CFR 51.166(r)(6).
Applicability of Florida’s SIPapproved PSD permitting program to
electric power plants. In addition to and
in conjunction with the conditional
approval of Florida’s PSD SIP revisions,
EPA is approving Florida’s concurrent
February 3, 2006, request to make the
State’s PSD permitting program
applicable to electric power plants
subject to the Florida PPSA. This means
that Florida’s SIP-approved PSD
permitting program, including the
conditional approval of the State’s PSD
revisions noted above, will apply to
electric power plants in Florida in lieu
of the current federally delegated PSD
program.
On April 4, 2008 (73 FR 18466), EPA
published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to conditionally
approve the Florida SIP revisions and
proposing to approve Florida’s request
to make the State’s PSD program
applicable to electric power plants,
which are also subject to the Florida
PPSA. The April 4, 2008, NPR provides
additional information about the
proposed Florida SIP revisions and the
rationale for this final action. The public
comment period for the proposed action
ended on May 5, 2008. No comments
were received on EPA’s proposed
action. EPA is now taking final action to
conditionally approve the February 3,
2006, SIP revision from Florida and to
approve Florida’s request to make the
State’s PSD permitting program
applicable to electric power plants
subject to the Florida PPSA.
II. What is the background of EPA’s
action on the Florida PSD rule
revisions?
On December 31, 2002 (67 FR 80186),
EPA published final rule changes to 40
Code of Federal Regulations (CFR) parts
51 and 52, regarding the Clean Air Act
(‘‘CAA’’ or ‘‘Act’’) PSD and
nonattainment new source review
(NNSR) programs. On November 7, 2003
(68 FR 63021), EPA published a notice
of final action on its reconsideration of
the December 31, 2002, final rule
changes. In that November 7, 2003, final
action, EPA added the definition of
‘‘replacement unit,’’ and clarified an
issue regarding plant-wide applicability
limitations. Collectively, these EPA final
actions are referred to as the ‘‘2002 NSR
Reform Rules.’’ On June 13, 2007 (72 FR
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
32526), EPA took final action to revise
the 2002 NSR Reform Rules to exclude
the clean units and PCP provisions that
were vacated by the United States Court
of Appeals for the District of Columbia
Circuit (D.C. Circuit Court) on June 24,
2005. Further, on December 21, 2007,
EPA took final action on the portion of
the 2002 NSR Reform Rules remanded
by the D.C. Circuit Court, regarding the
reasonable possibility in recordkeeping
provision. The ‘‘reasonable possibility’’
provision identifies, for sources and
reviewing authorities, the circumstances
under which a major stationary source
undergoing a modification that does not
trigger major NSR must keep records.
On December 21, 2007, EPA established
that a ‘‘reasonable possibility’’ exists
where source emissions equal or exceed
50 percent of the CAA NSR significance
levels for any pollutant (72 FR 72607).
These changes became effective on
January 22, 2008, and the final action on
that provision explains the process that
states should follow if a SIP revision is
necessary.1
The Florida SIP revisions being
approved today revise Florida’s PSD
program consistent with the federal
program. In so doing, Florida not only
provided substantive revisions to its
rules, but also reorganized the rules to
better follow the outline of the
corresponding federal rules. This
reorganization does not have any
substantive impact on the PSD program
as a whole, or its relationship with
Florida’s operating permits program
(CAA title V program). Florida’s PSD
program continues to work in concert
with its title V operating permit program
to ensure that applicable requirements,
including any applicable PSD
requirements, are a part of lawful
operation of a source under Florida’s
title V program.
The February 3, 2006, SIP submittal
consists of revisions to the following
FDEP rules: F.A.C. Chapter 62–204, ‘‘Air
Pollution Control—General Provisions;’’
F.A.C. Chapter 62–210, ‘‘Stationary
Sources—General Provisions;’’ and
F.A.C. Chapter 62–212, ‘‘Stationary
Sources—Preconstruction Review.’’ The
revisions were made to update the
Florida PSD program to make it
consistent with the December 31, 2002,
changes to the federal NSR program.
EPA is conditionally approving the
February 3, 2006, SIP submittal
consistent with section 110(k)(4) of the
1 Florida’s regulations do not include the
‘‘reasonable possibility’’ language. Florida’s SIP
revisions require all modifications that use the
actual-to-projected-actual methodology to meet the
recordkeeping requirements. Thus, with regard to
the reasonable possibility issue, Florida’s rules are
at least as stringent as the current federal rules.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
CAA. As part of the conditional
approval, Florida will have twelve
months from the date of EPA’s final
conditional approval of the SIP
revisions in which to further revise its
PSD rules, as described herein, to be
consistent with existing federal law.
Pursuant to section 110(k)(4) of the
CAA, EPA may conditionally approve a
portion of a SIP revision based on a
commitment from the state to adopt
specific, enforceable measures no later
than twelve months from the date of
final conditional approval. If the state
fails to make the changes within the
twelve month period, EPA will issue a
finding of disapproval. EPA is not
required to propose the finding of
disapproval. The necessary revisions to
the Florida SIP will materially alter the
existing SIP-approved rule. As a result,
Florida must also provide a new SIP
submittal to EPA for approval that
includes the rule changes. As with any
SIP revision, Florida must provide an
opportunity for public notice and
comment, and allow for a public hearing
(and any other procedures required by
State law) on the proposed rule changes.
If Florida timely revises its rules and
submits the revised SIP submittal, EPA
will process that SIP revision consistent
with the CAA.
With regard to the conditional
approval of the PSD program, Florida
must: (1) Revise the definition of ‘‘new
emissions unit’’ to be consistent with
the federal definition or revise the
definition to define what is meant by
‘‘beginning normal operation’’ and
provide an equivalency demonstration
supporting the revised definition; (2)
revise the definition of ‘‘significant
emissions rate’’ to include ozone
depleting substances; (3) withdraw the
request that EPA include a significant
emissions rate for mercury in the
Florida SIP, specifically F.A.C. 62–
210.200(243)(a)2; and (4) revise the
recordkeeping requirements at F.A.C.
62–212.300(3)(a)1 to require a record of
the amount of emissions excluded
pursuant to the projected actual
emissions requirements, an explanation
as to why these emissions were
excluded, and any netting calculations
if applicable, consistent with the federal
recordkeeping requirements at 40 CFR
51.166(r)(6).
The April 4, 2008, NPR and the
docket for this action provide more
details about the SIP revisions being
approved and the rationale for EPA’s
final action. For additional information
on EPA’s 2002 NSR Reform Rules, see
67 FR 80186 (December 31, 2002), and
https://www.epa.gov/nsr.
E:\FR\FM\27JNR1.SGM
27JNR1
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
jlentini on PROD1PC65 with RULES
III. What is the background of EPA’s
action on Florida’s PSD program for
electric power plants?
Electric power plants subject to the
Florida PPSA have historically been
permitted by FDEP (through a federal
delegation of authority from EPA) under
the federal PSD program rather than the
Florida SIP-approved PSD permitting
program. The Florida PSD program was
initially approved by EPA into the
Florida SIP on December 22, 1983 (48
FR 52713). The approval transferred to
FDEP the legal authority to process and
issue PSD permits to sources in Florida
that are required to obtain PSD permits.
One category of sources not covered
by EPA’s 1983 approval of Florida’s PSD
program was electric power plants. This
was because, at the time, a separate
Florida law known as the Florida PPSA,
Florida Statutes Section 403.501 et seq.,
required permits for electric power
plants to be issued solely by the Power
Plant Site Certification Board under the
PPSA, rather than by FDEP under
Florida’s PSD regulations. Such a
conflict between the PPSA and Florida’s
PSD program created impediments to
implementation and enforcement of the
State’s PSD program by FDEP for such
power plants and precluded EPA’s SIPapproval of Florida’s PSD program as to
these sources. As a result, for electric
power plants subject to the PPSA, FDEP
has been operating under either a partial
or full delegation of authority to
implement the federal PSD program
since 1983, while various attempts to
amend the PPSA to correct the conflict
were made. Currently, FDEP is
operating under a full delegation of
authority to implement the federal PSD
program for electric power plants,
following further amendments to the
PPSA in 1993. The 1993 PPSA
amendment made clear that FDEP is the
final permitting authority for PSD and
new source review permits and can act
in a manner different from the PPSA
Siting Board if Florida’s PSD or new
source review regulations require such
different action. The statutory
amendment to the PPSA made by the
Florida Legislature in 1993 forms the
basis of the State’s 2006 request for EPA
approval to make Florida’s SIPapproved State PSD program, rather
than the federal PSD program,
applicable to sources subject to the
PPSA. In addition, during EPA’s review
of this request, the PPSA was again
amended (on June 19, 2006), to among
other things, further extricate Florida’s
PSD permitting process from its PPSA
process. See, Florida Public Health Code
403.0872.
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
Following EPA review of both the
1993 and June 19, 2006, amendments to
the PPSA, the Agency published a direct
final rule on May 25, 2007, finding that
the PPSA amendments provided FDEP
the authority to fully implement and
enforce Florida’s PSD program for
electric power plants located within the
State, and we granted it full approval to
implement the State’s PSD program for
electric power plants subject to the
PPSA. 72 FR 29287 (May 25, 2007).
However, because adverse comments on
the direct final rule were received, EPA
withdrew the rule on June 28, 2007 (72
FR 35355) and indicated that the rule
would not take effect.
As is described in greater detail in the
April 4, 2008, proposal, the 1993 and
June 2006 Florida legislative
amendments to the State’s PPSA
rectified past concerns that the Florida
PPSA infringed on FDEP’s authority to
issue State PSD permits to sources
subject to both the State’s PSD
regulations and the Florida PPSA in
such a manner that SIP-approval of the
State’s PSD program for those sources
was precluded. By proposing this SIPapproval through this new rulemaking
process, and in conjunction with our
proposed action on the Florida PSD
program SIP revisions, we have
addressed the main concerns raised by
commenters in response to our May 25,
2007, direct final rule. For additional
information on the concerns raised by
commenters, see the April 4, 2008,
proposal.
EPA is now approving Florida’s
February 3, 2006, request that EPA grant
Florida SIP-approval to implement the
State’s PSD program for electric power
plants subject to the PPSA. EPA is
approving this specific request under
section 110 of the Act because there is
no longer a conflict between the State’s
PSD regulations and the PPSA and
because FDEP now has adequate and
effective procedures for full
implementation of the State’s PSD
program for electric power plants. The
April 4, 2008, NPR and the docket for
this action provide more details about
the approval of Florida’s PSD program
for electric power plants and the
rationale for EPA’s final action.
IV. Final Action
EPA is taking final action to
conditionally approve changes to the
Florida Administrative Code Chapter
62–204 entitled ‘‘Air Pollution
Control—General Provisions’’; Chapter
62–210 entitled ‘‘Stationary Sources—
General Provisions’’; and Chapter 62–
212 entitled ‘‘Stationary Sources—
Preconstruction Review,’’ as submitted
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
36437
by the State of Florida on February 3,
2006, as revisions to the Florida SIP.
In addition to and in conjunction with
the conditional approval of Florida’s
PSD SIP revisions, EPA is taking final
action to approve Florida’s concurrent
February 3, 2006, request to make the
State’s PSD permitting program
applicable to electric power plants
subject to the Florida PPSA. As a result
of this final action, EPA’s October 26,
1993, federal delegation of PSD
authority to FDEP will be withdrawn
effective July 28, 2008. This final
approval means that Florida’s SIPapproved PSD permitting program,
including the final conditional approval
of the State’s PSD revisions noted above,
applies to electric power plants in
Florida in lieu of the current federally
delegated PSD program.
V. 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.
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. Accordingly, 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
E:\FR\FM\27JNR1.SGM
27JNR1
36438
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
• 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).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not 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 August 26, 2008. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 16, 2008.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
§ 52.519 Identification of plan-conditional
approval.
EPA is conditionally approving a
revision to the Florida State
Implementation Plan (SIP) consisting of
revisions to Florida Administrative
Code Chapters 62–210 and 62–212.
Based upon a commitment from the
State, Florida must (1) revise the
definition of ‘‘new emissions unit’’ to be
consistent with the federal definition or
revise the definition to define what is
meant by ‘‘beginning normal operation’’
and provide an equivalency
demonstration supporting the revised
definition; (2) revise the definition of
‘‘significant emissions rate’’ to include
ozone depleting substances; (3)
withdraw the request that EPA include
a significant emissions rate for mercury
in the Florida SIP, specifically F.A.C.
62–210.200(243)(a)2; and (4) revise the
recordkeeping requirements at F.A.C.
62–212.300 to be consistent with federal
requirements. If the State fails to meet
its commitment by June 29, 2009, the
approval is treated as a disapproval.
I 3. Section 52.520(c) is amended by:
I a. Revising entries under Chapter 62–
204 for ‘‘62–204.200,’’ and ‘‘62–
204.260,’’ under Chapter 62–210 for
‘‘62–210.200,’’ ‘‘62–210.300,’’ ‘‘62–
210.350’’and ‘‘62–210.370,’’ under
Chapter 62–212 for ‘‘62–212.300,’’ ‘‘62–
212.400,’’ and ‘‘62–212.500’’ and
I b. Adding in numerical order a new
entry under Chapter 62–212 for ‘‘62–
212.720’’ to read as follows:
§ 52.520
2. Section 52.519 is revised to read as
follows:
I
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA REGULATIONS
State citation
State effective
date
Title/subject
Chapter 62–204
EPA approval date
Explanation
Air Pollution Control—General Provisions
*
62–204.200 ...............
*
*
Definitions ...................................
*
02/12/06
*
06/27/08 [Insert citation of publication].
*
*
*
62–204.260 ...............
*
*
Prevention of Significant Deterioration Maximum Allowable
Increases (PSD Increments).
*
02/12/06
*
06/27/08 [Insert citation of publication].
*
*
*
*
*
*
*
*
*
jlentini on PROD1PC65 with RULES
Chapter 62–210
*
62–210.200 ...............
VerDate Aug<31>2005
Stationary Sources—General Requirements
*
*
Definitions ...................................
18:06 Jun 26, 2008
Jkt 214001
PO 00000
Frm 00032
*
02/02/06
Fmt 4700
*
06/27/08 [Insert citation of publication].
Sfmt 4700
E:\FR\FM\27JNR1.SGM
27JNR1
*
*
Except for the following definitions which are being conditionally approved: (1) ‘‘New
emissions unit;’’ and (2) ‘‘significant emissions rate.’’
36439
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
EPA-APPROVED FLORIDA REGULATIONS—Continued
State effective
date
State citation
Title/subject
*
62–210.300 ...............
*
*
Permits Required .......................
*
02/02/06
62–210.350 ...............
Public Notice and Comment ......
02/02/06
*
62–210.370 ...............
*
*
Emissions Computation and Reporting.
*
02/02/06
*
*
*
EPA approval date
*
06/27/08 [Insert citation of publication].
06/27/08 [Insert citation of publication].
*
*
*
06/27/08 [Insert citation of publication].
*
*
*
*
*
*
Chapter 62–212
Explanation
Stationary Sources—Preconstruction Review
*
62–212.300 ...............
*
*
General Preconstruction Review
Requirements.
*
02/02/06
*
06/27/08 [Insert citation of publication].
62–212.400 ...............
02/02/06
62–212.500 ...............
Prevention of Significant Deterioration (PSD).
Preconstruction Review for Nonattainment Areas.
02/02/06
06/27/08 [Insert citation of publication].
06/27/08 [Insert citation of publication].
*
62–212.720 ...............
*
*
Actuals Plantwide Applicability
Limits (PALs).
*
02/02/06
*
06/27/08 [Insert citation of publication].
*
*
*
*
*
4. Section 52.530 is amended by
revising paragraph (a) to read as follows:
I
§ 52.530
quality.
Significant deterioration of air
(a) EPA approves the Florida
Prevention of Significant Deterioration
program, as incorporated into this
chapter, for power plants subject to the
Florida Power Plant Siting Act.
*
*
*
*
*
[FR Doc. E8–14400 Filed 6–26–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2007–0998; FRL–8684–1]
Approval and Promulgation of State
Implementation Plans: Washington;
Vancouver Air Quality Maintenance
Area Second 10-Year Carbon
Monoxide Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Washington.
The Washington State Department of
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
Ecology submitted the Vancouver Air
Quality Maintenance Area Second 10year Carbon Monoxide Maintenance
Plan on April 25, 2007. In accordance
with the requirements of the Federal
Clean Air Act (the Act), EPA is
approving Washington’s revision
because the State adequately
demonstrates that the Vancouver Air
Quality Maintenance Area will maintain
air quality standards for carbon
monoxide (CO) through the year 2016.
DATES: This rule is effective on August
26, 2008, without further notice, unless
EPA receives adverse comment by July
28, 2008. If EPA receives adverse
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2007–0998, by any of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: vaupel.claudia@epa.gov.
• Mail: Claudia Vergnani Vaupel,
U.S. EPA Region 10, Office of Air, Waste
and Toxics (AWT–107), 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101.
• Hand Delivery/Courier: U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, Seattle, WA 98101. Attention:
Claudia Vergnani Vaupel, Office of Air,
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
*
*
Except
provisions
at
62–
212.300(3)(a)1, which are
being conditionally approved.
*
*
Waste and Toxics, AWT—107. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2007–
0998. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36435-36439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14400]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0130-200814; FRL-8684-4]
Approval and Promulgation of Implementation Plans Florida;
Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to conditionally approve revisions
to the Florida State Implementation Plan (SIP) submitted by the State
of Florida on February 3, 2006. The SIP revisions modify the Florida
Prevention of Significant Deterioration (PSD) program to address
changes to the federal new source review (NSR) regulations, which were
promulgated by EPA on December 31, 2002, and reconsidered with minor
changes on November 7, 2003 (commonly referred to as the ``2002 NSR
Reform Rules''). In addition EPA is approving Florida's concurrent
February 3, 2006, request to make the State's PSD permitting program
applicable to electric power plants, which are also subject to the
Florida Electrical Power Plant Siting Act (PPSA). EPA proposed
conditional approval of these revisions on April 4, 2008; no comments
were received on that proposal.
DATES: Effective Date: This rule will be effective July 28, 2008.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2006-0130. All documents in the docket
are listed on the https://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 https://www.regulations.gov or
in hard copy 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 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 to 4:30 excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Florida
State Implementation Plan, contact Ms. Heidi LeSane, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9074. Ms. LeSane can also be reached via electronic mail
at lesane.heidi@epa.gov. For information regarding New Source Review,
contact Ms. Yolanda Adams, Air Permits Section, at the same address
above. The telephone number is (404) 562-9214. Ms. Adams can also be
reached via electronic mail at adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking?
II. What is the background of EPA's action on the Florida PSD rule
revisions?
III. What is the background of EPA's action on Florida's PSD program
for electric power plants?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What action is EPA taking?
NSR Reform Revisions. EPA is taking final action to conditionally
approve revisions to the Florida SIP (Florida Administrative Code
(F.A.C.) Chapters 62-204, 62-210, and 62-212) as submitted by the
Florida Department of Environmental Protection (FDEP) on February 3,
2006, which included changes to Florida's PSD program. As part of the
current conditional approval, Florida has agreed to (1) revise the
definition of ``new emissions unit'' to be consistent with the federal
definition or revise the definition to define what is meant by
``beginning normal operation'' and provide an equivalency demonstration
supporting the revised definition; (2) revise the definition of
``significant emissions rate'' to include ozone depleting substances;
(3)
[[Page 36436]]
withdraw the request that EPA include a significant emissions rate for
mercury in the Florida SIP, specifically F.A.C. Chapter 62-
210.200(243)(a)2; and (4) revise the recordkeeping requirements at
F.A.C. section 62-212.300(3)(a)1 to be consistent with federal
requirements found at 40 CFR 51.166(r)(6).
Applicability of Florida's SIP-approved PSD permitting program to
electric power plants. In addition to and in conjunction with the
conditional approval of Florida's PSD SIP revisions, EPA is approving
Florida's concurrent February 3, 2006, request to make the State's PSD
permitting program applicable to electric power plants subject to the
Florida PPSA. This means that Florida's SIP-approved PSD permitting
program, including the conditional approval of the State's PSD
revisions noted above, will apply to electric power plants in Florida
in lieu of the current federally delegated PSD program.
On April 4, 2008 (73 FR 18466), EPA published a notice of proposed
rulemaking (NPR) in the Federal Register, proposing to conditionally
approve the Florida SIP revisions and proposing to approve Florida's
request to make the State's PSD program applicable to electric power
plants, which are also subject to the Florida PPSA. The April 4, 2008,
NPR provides additional information about the proposed Florida SIP
revisions and the rationale for this final action. The public comment
period for the proposed action ended on May 5, 2008. No comments were
received on EPA's proposed action. EPA is now taking final action to
conditionally approve the February 3, 2006, SIP revision from Florida
and to approve Florida's request to make the State's PSD permitting
program applicable to electric power plants subject to the Florida
PPSA.
II. What is the background of EPA's action on the Florida PSD rule
revisions?
On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52,
regarding the Clean Air Act (``CAA'' or ``Act'') PSD and nonattainment
new source review (NNSR) programs. On November 7, 2003 (68 FR 63021),
EPA published a notice of final action on its reconsideration of the
December 31, 2002, final rule changes. In that November 7, 2003, final
action, EPA added the definition of ``replacement unit,'' and clarified
an issue regarding plant-wide applicability limitations. Collectively,
these EPA final actions are referred to as the ``2002 NSR Reform
Rules.'' On June 13, 2007 (72 FR 32526), EPA took final action to
revise the 2002 NSR Reform Rules to exclude the clean units and PCP
provisions that were vacated by the United States Court of Appeals for
the District of Columbia Circuit (D.C. Circuit Court) on June 24, 2005.
Further, on December 21, 2007, EPA took final action on the portion of
the 2002 NSR Reform Rules remanded by the D.C. Circuit Court, regarding
the reasonable possibility in recordkeeping provision. The ``reasonable
possibility'' provision identifies, for sources and reviewing
authorities, the circumstances under which a major stationary source
undergoing a modification that does not trigger major NSR must keep
records. On December 21, 2007, EPA established that a ``reasonable
possibility'' exists where source emissions equal or exceed 50 percent
of the CAA NSR significance levels for any pollutant (72 FR 72607).
These changes became effective on January 22, 2008, and the final
action on that provision explains the process that states should follow
if a SIP revision is necessary.\1\
---------------------------------------------------------------------------
\1\ Florida's regulations do not include the ``reasonable
possibility'' language. Florida's SIP revisions require all
modifications that use the actual-to-projected-actual methodology to
meet the recordkeeping requirements. Thus, with regard to the
reasonable possibility issue, Florida's rules are at least as
stringent as the current federal rules.
---------------------------------------------------------------------------
The Florida SIP revisions being approved today revise Florida's PSD
program consistent with the federal program. In so doing, Florida not
only provided substantive revisions to its rules, but also reorganized
the rules to better follow the outline of the corresponding federal
rules. This reorganization does not have any substantive impact on the
PSD program as a whole, or its relationship with Florida's operating
permits program (CAA title V program). Florida's PSD program continues
to work in concert with its title V operating permit program to ensure
that applicable requirements, including any applicable PSD
requirements, are a part of lawful operation of a source under
Florida's title V program.
The February 3, 2006, SIP submittal consists of revisions to the
following FDEP rules: F.A.C. Chapter 62-204, ``Air Pollution Control--
General Provisions;'' F.A.C. Chapter 62-210, ``Stationary Sources--
General Provisions;'' and F.A.C. Chapter 62-212, ``Stationary Sources--
Preconstruction Review.'' The revisions were made to update the Florida
PSD program to make it consistent with the December 31, 2002, changes
to the federal NSR program. EPA is conditionally approving the February
3, 2006, SIP submittal consistent with section 110(k)(4) of the CAA. As
part of the conditional approval, Florida will have twelve months from
the date of EPA's final conditional approval of the SIP revisions in
which to further revise its PSD rules, as described herein, to be
consistent with existing federal law.
Pursuant to section 110(k)(4) of the CAA, EPA may conditionally
approve a portion of a SIP revision based on a commitment from the
state to adopt specific, enforceable measures no later than twelve
months from the date of final conditional approval. If the state fails
to make the changes within the twelve month period, EPA will issue a
finding of disapproval. EPA is not required to propose the finding of
disapproval. The necessary revisions to the Florida SIP will materially
alter the existing SIP-approved rule. As a result, Florida must also
provide a new SIP submittal to EPA for approval that includes the rule
changes. As with any SIP revision, Florida must provide an opportunity
for public notice and comment, and allow for a public hearing (and any
other procedures required by State law) on the proposed rule changes.
If Florida timely revises its rules and submits the revised SIP
submittal, EPA will process that SIP revision consistent with the CAA.
With regard to the conditional approval of the PSD program, Florida
must: (1) Revise the definition of ``new emissions unit'' to be
consistent with the federal definition or revise the definition to
define what is meant by ``beginning normal operation'' and provide an
equivalency demonstration supporting the revised definition; (2) revise
the definition of ``significant emissions rate'' to include ozone
depleting substances; (3) withdraw the request that EPA include a
significant emissions rate for mercury in the Florida SIP, specifically
F.A.C. 62-210.200(243)(a)2; and (4) revise the recordkeeping
requirements at F.A.C. 62-212.300(3)(a)1 to require a record of the
amount of emissions excluded pursuant to the projected actual emissions
requirements, an explanation as to why these emissions were excluded,
and any netting calculations if applicable, consistent with the federal
recordkeeping requirements at 40 CFR 51.166(r)(6).
The April 4, 2008, NPR and the docket for this action provide more
details about the SIP revisions being approved and the rationale for
EPA's final action. For additional information on EPA's 2002 NSR Reform
Rules, see 67 FR 80186 (December 31, 2002), and https://www.epa.gov/nsr.
[[Page 36437]]
III. What is the background of EPA's action on Florida's PSD program
for electric power plants?
Electric power plants subject to the Florida PPSA have historically
been permitted by FDEP (through a federal delegation of authority from
EPA) under the federal PSD program rather than the Florida SIP-approved
PSD permitting program. The Florida PSD program was initially approved
by EPA into the Florida SIP on December 22, 1983 (48 FR 52713). The
approval transferred to FDEP the legal authority to process and issue
PSD permits to sources in Florida that are required to obtain PSD
permits.
One category of sources not covered by EPA's 1983 approval of
Florida's PSD program was electric power plants. This was because, at
the time, a separate Florida law known as the Florida PPSA, Florida
Statutes Section 403.501 et seq., required permits for electric power
plants to be issued solely by the Power Plant Site Certification Board
under the PPSA, rather than by FDEP under Florida's PSD regulations.
Such a conflict between the PPSA and Florida's PSD program created
impediments to implementation and enforcement of the State's PSD
program by FDEP for such power plants and precluded EPA's SIP-approval
of Florida's PSD program as to these sources. As a result, for electric
power plants subject to the PPSA, FDEP has been operating under either
a partial or full delegation of authority to implement the federal PSD
program since 1983, while various attempts to amend the PPSA to correct
the conflict were made. Currently, FDEP is operating under a full
delegation of authority to implement the federal PSD program for
electric power plants, following further amendments to the PPSA in
1993. The 1993 PPSA amendment made clear that FDEP is the final
permitting authority for PSD and new source review permits and can act
in a manner different from the PPSA Siting Board if Florida's PSD or
new source review regulations require such different action. The
statutory amendment to the PPSA made by the Florida Legislature in 1993
forms the basis of the State's 2006 request for EPA approval to make
Florida's SIP-approved State PSD program, rather than the federal PSD
program, applicable to sources subject to the PPSA. In addition, during
EPA's review of this request, the PPSA was again amended (on June 19,
2006), to among other things, further extricate Florida's PSD
permitting process from its PPSA process. See, Florida Public Health
Code 403.0872.
Following EPA review of both the 1993 and June 19, 2006, amendments
to the PPSA, the Agency published a direct final rule on May 25, 2007,
finding that the PPSA amendments provided FDEP the authority to fully
implement and enforce Florida's PSD program for electric power plants
located within the State, and we granted it full approval to implement
the State's PSD program for electric power plants subject to the PPSA.
72 FR 29287 (May 25, 2007). However, because adverse comments on the
direct final rule were received, EPA withdrew the rule on June 28, 2007
(72 FR 35355) and indicated that the rule would not take effect.
As is described in greater detail in the April 4, 2008, proposal,
the 1993 and June 2006 Florida legislative amendments to the State's
PPSA rectified past concerns that the Florida PPSA infringed on FDEP's
authority to issue State PSD permits to sources subject to both the
State's PSD regulations and the Florida PPSA in such a manner that SIP-
approval of the State's PSD program for those sources was precluded. By
proposing this SIP-approval through this new rulemaking process, and in
conjunction with our proposed action on the Florida PSD program SIP
revisions, we have addressed the main concerns raised by commenters in
response to our May 25, 2007, direct final rule. For additional
information on the concerns raised by commenters, see the April 4,
2008, proposal.
EPA is now approving Florida's February 3, 2006, request that EPA
grant Florida SIP-approval to implement the State's PSD program for
electric power plants subject to the PPSA. EPA is approving this
specific request under section 110 of the Act because there is no
longer a conflict between the State's PSD regulations and the PPSA and
because FDEP now has adequate and effective procedures for full
implementation of the State's PSD program for electric power plants.
The April 4, 2008, NPR and the docket for this action provide more
details about the approval of Florida's PSD program for electric power
plants and the rationale for EPA's final action.
IV. Final Action
EPA is taking final action to conditionally approve changes to the
Florida Administrative Code Chapter 62-204 entitled ``Air Pollution
Control--General Provisions''; Chapter 62-210 entitled ``Stationary
Sources--General Provisions''; and Chapter 62-212 entitled ``Stationary
Sources--Preconstruction Review,'' as submitted by the State of Florida
on February 3, 2006, as revisions to the Florida SIP.
In addition to and in conjunction with the conditional approval of
Florida's PSD SIP revisions, EPA is taking final action to approve
Florida's concurrent February 3, 2006, request to make the State's PSD
permitting program applicable to electric power plants subject to the
Florida PPSA. As a result of this final action, EPA's October 26, 1993,
federal delegation of PSD authority to FDEP will be withdrawn effective
July 28, 2008. This final approval means that Florida's SIP-approved
PSD permitting program, including the final conditional approval of the
State's PSD revisions noted above, applies to electric power plants in
Florida in lieu of the current federally delegated PSD program.
V. 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. 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. Accordingly, 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 Order
12866 (58 FR 51735, October 4, 1993);
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);
[[Page 36438]]
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not 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 August 26, 2008. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 16, 2008.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 52.519 is revised to read as follows:
Sec. 52.519 Identification of plan-conditional approval.
EPA is conditionally approving a revision to the Florida State
Implementation Plan (SIP) consisting of revisions to Florida
Administrative Code Chapters 62-210 and 62-212. Based upon a commitment
from the State, Florida must (1) revise the definition of ``new
emissions unit'' to be consistent with the federal definition or revise
the definition to define what is meant by ``beginning normal
operation'' and provide an equivalency demonstration supporting the
revised definition; (2) revise the definition of ``significant
emissions rate'' to include ozone depleting substances; (3) withdraw
the request that EPA include a significant emissions rate for mercury
in the Florida SIP, specifically F.A.C. 62-210.200(243)(a)2; and (4)
revise the recordkeeping requirements at F.A.C. 62-212.300 to be
consistent with federal requirements. If the State fails to meet its
commitment by June 29, 2009, the approval is treated as a disapproval.
0
3. Section 52.520(c) is amended by:
0
a. Revising entries under Chapter 62-204 for ``62-204.200,'' and ``62-
204.260,'' under Chapter 62-210 for ``62-210.200,'' ``62-210.300,''
``62-210.350''and ``62-210.370,'' under Chapter 62-212 for ``62-
212.300,'' ``62-212.400,'' and ``62-212.500'' and
0
b. Adding in numerical order a new entry under Chapter 62-212 for ``62-
212.720'' to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 62-204 Air Pollution Control--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-204.200..................... Definitions......... 02/12/06 06/27/08 [Insert
citation of
publication].
* * * * * * *
62-204.260..................... Prevention of 02/12/06 06/27/08 [Insert
Significant citation of
Deterioration publication].
Maximum Allowable
Increases (PSD
Increments).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-210.200..................... Definitions......... 02/02/06 06/27/08 [Insert Except for the
citation of following
publication]. definitions which
are being
conditionally
approved: (1)
``New emissions
unit;'' and (2)
``significant
emissions rate.''
[[Page 36439]]
* * * * * * *
62-210.300..................... Permits Required.... 02/02/06 06/27/08 [Insert
citation of
publication].
62-210.350..................... Public Notice and 02/02/06 06/27/08 [Insert
Comment. citation of
publication].
* * * * * * *
62-210.370..................... Emissions 02/02/06 06/27/08 [Insert
Computation and citation of
Reporting. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-212.300..................... General 02/02/06 06/27/08 [Insert Except provisions
Preconstruction citation of at 62-
Review Requirements. publication]. 212.300(3)(a)1,
which are being
conditionally
approved.
62-212.400..................... Prevention of 02/02/06 06/27/08 [Insert
Significant citation of
Deterioration (PSD). publication].
62-212.500..................... Preconstruction 02/02/06 06/27/08 [Insert
Review for citation of
Nonattainment Areas. publication].
* * * * * * *
62-212.720..................... Actuals Plantwide 02/02/06 06/27/08 [Insert
Applicability citation of
Limits (PALs). publication].
----------------------------------------------------------------------------------------------------------------
* * * * *
0
4. Section 52.530 is amended by revising paragraph (a) to read as
follows:
Sec. 52.530 Significant deterioration of air quality.
(a) EPA approves the Florida Prevention of Significant
Deterioration program, as incorporated into this chapter, for power
plants subject to the Florida Power Plant Siting Act.
* * * * *
[FR Doc. E8-14400 Filed 6-26-08; 8:45 am]
BILLING CODE 6560-50-P
