Approval and Promulgation of Implementation Plans: Florida; Prevention of Significant Deterioration, 20239-20242 [2011-8701]
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Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 / Rules and Regulations
Name of non-regulatory SIP
revision
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Section 110(a)(2) Infrastructure Requirements for the
1997 8-Hour Ozone
NAAQS.
Applicable geographic or
nonattainment area
*
State submittal
date
*
District of Columbia ..............
*
12/06/07
1/11/08
Section 110(a)(2) Infrastructure Requirements for the
1997 PM2.5 NAAQS.
District of Columbia ..............
8/25/08
9/22/08
Section 110(a)(2) Infrastructure Requirements for the
2006 PM2.5 NAAQS.
District of Columbia ..............
9/21/09
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0130–201111(a);
FRL–9293–4]
Approval and Promulgation of
Implementation Plans: Florida;
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to convert a conditional approval
of provisions in the Florida State
Implementation Plan (SIP) to a full
approval under the federal Clean Air
Act (CAA or Act). On June 17, 2009, the
State of Florida, through the Florida
Department of Environmental Protection
(FDEP), submitted a SIP revision in
response to the conditional approval of
its New Source Review (NSR)
permitting program. The revision
includes changes to certain parts of the
Prevention of Significant Deterioration
(PSD) construction permit program in
Florida, including the definition of ‘‘new
emissions unit,’’ ‘‘regulated air
pollutant’’ and ‘‘significant emissions
rate’’ as well as recordkeeping
requirements. In addition, Florida
provided a clarification that the
significant emissions rate for mercury in
the Florida regulations is intended to
apply as a state-only provision. EPA has
determined that this revision addresses
the conditions identified in the
conditional approval, and is therefore
approvable. This action is being taken
pursuant to section 110 of the CAA.
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Additional explanation
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4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
4/12/11 [Insert Federal RegThis action addresses the
ister page number where
following CAA elements:
the document begins and
110(a)(2)(A), (B), (C),
date].
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This direct final rule is effective
June 13, 2011 without further notice,
unless EPA receives adverse comment
by May 12, 2011. 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–2006–0130, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: adams.yolanda@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2006–0130,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Yolanda Adams, Air Planning Branch,
Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2006–
0130.’’ 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
DATES:
[FR Doc. 2011–8567 Filed 4–11–11; 8:45 am]
EPA approval date
20239
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. 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
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI 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 in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
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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 SIP,
contact Twunjala Bradley, 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. Ms.
Bradley may also be reached via
telephone or electronic mail at (404)
562–9352 and
bradley.twunjala@epa.gov. For
information regarding NSR, contact
Yolanda Adams, Air Permits Section, at
the same address above. Ms. Adams
may also be reached via telephone or
electronic mail at (404) 562–9214 and
adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. EPA’s Analysis of How Florida’s Revisions
Satisfy the Terms of the Conditional
Approval
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background
On February 3, 2006, FDEP submitted
a revision to its PSD regulations in
response to the 2002 NSR Reform Rules
for EPA approval into the Florida SIP.1
The February 3, 2006, SIP revision
included changes to the Florida SIP,
specifically in Florida Administrative
Code (F.A.C.) Rules, Chapters 62–204—
Air Pollution Control—General
Provisions, 62–210—Stationary
Sources—General Requirements, and
62–212—Stationary Source—
Preconstruction Review, which became
state-effective on February 2, 2006, and
February 12, 2006. EPA proposed to
conditionally approve these PSD SIP
rules under section 110 of the CAA on
April 4, 2008. See 73 FR 18466. In the
April 4, 2008 rulemaking, EPA
determined that portions of Florida’s
February 3, 2006 SIP revision were not
consistent with the federal PSD
1 On December 31, 2002 (67 FR 80186), EPA
published final rule changes to 40 CFR parts 51 and
52, regarding the CAA’s PSD and nonattainment
NSR programs. On November 7, 2003 (68 FR
63021), EPA published a notice of final action on
the reconsideration of the December 31, 2002, final
rule changes. The December 31, 2002, and the
November 7, 2003, final actions are collectively
referred to as the ‘‘2002 NSR Reform Rules.’’
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regulations set forth at 40 CFR 51.166.
Therefore, EPA proposed to
conditionally approve Florida’s PSD
program which established a
commitment from FDEP to adopt the
necessary regulations for consistency
with federal PSD provisions to obtain
full approval. EPA did not receive any
comments on the proposal. EPA
finalized its conditional approval of
F.A.C. Chapters 62–204, 62–210, and
62–212, into the Florida SIP on June 27,
2008. See 73 FR 36435.
On June 17, 2009, FDEP submitted the
revision to its SIP incorporating the
changes required by EPA as outlined in
the conditional approval. See 73 FR
18466. Specifically, the June 17, 2009,
SIP revision changes definitions in
F.A.C Chapter 62–210.200 for ‘‘new
emissions unit,’’ ‘‘regulated air
pollutant,’’ and ‘‘significant emissions
rate’’ as well as the recordkeeping
requirements in F.A.C. Chapter 62–
212.300(3)(a)1. In addition, Florida
provided a clarification that the
significant emissions rate for mercury in
the Florida regulations is considered a
state-only provision and is not intended
to be incorporated into the Florida SIP.
After consideration, EPA concludes that
the June 17, 2009, SIP revision satisfies
the conditions listed in EPA’s June 27,
2008, conditional approval. Today, EPA
is converting the June 27, 2008,
conditional approval to a full approval.
II. EPA’s Analysis of How Florida’s
Revisions Satisfy the Terms of the
Conditional Approval
In response to EPA‘s June 27, 2008,
conditional approval, Florida made
three changes to its PSD requirements.
These changes were required to ensure
that Florida’s PSD program is consistent
with the federal PSD regulations (at 40
CFR 51.166) to obtain full approval of
the program. First, Florida changed the
definition of ‘‘new emissions unit’’ in
F.A.C. Chapter 62–210.200 to indicate
that it is a unit ‘‘ * * * that has existed
for less than 2 years from the date such
emissions unit first operated.’’ This
definition is consistent with the federal
definition of ‘‘New Emissions Unit’’
found at 40 CFR 51.166(b)(7)(i). Second,
Florida changed the definitions of
‘‘Regulated Air Pollutant’’ and
‘‘Significant Emissions Rate’’ in F.A.C.
Chapter 62–210.200 to include ozone
depleting substances. This change is
consistent with the federal definition of
‘‘Significant’’ in 40 CFR 51.166(b)(23).
Third, Florida changed its
recordkeeping requirements in F.A.C.
Chapter 62–212.300(3)(a)1 to clarify that
the applicant must provide a record of
the amount of emissions excluded
pursuant to the projected actual
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emissions requirements, an explanation
as to why these emissions were
excluded, and any netting calculations
if applicable. This change is consistent
with the federal recordkeeping
requirements at 40 CFR 51.166(r)(6).
In addition, Florida provided a
clarification that the significant
emissions rate for mercury is considered
a state-only provision and is not
intended to be incorporated into the
Florida SIP. EPA has determined that
this clarification satisfies the condition
listed in EPA’s conditional approval.
III. Final Action
As explained above, FDEP submitted
changes to the definition of ‘‘new
emissions unit,’’ ‘‘regulated air
pollutant,’’ and ‘‘significant emissions
rate’’ in F.A.C. Chapter 62–210.200 and
the recordkeeping requirements in
F.A.C. Chapter 62–212.300(3)(a)1. In
addition, FDEP provided a clarification
that the significant emissions rate for
mercury in the Florida regulations is
intended to apply as a state-only
requirement only and is not intended to
be incorporated into the Florida SIP.
FDEP has satisfied the conditions listed
in EPA’s conditional approval.
Therefore, EPA is taking direct final
action to convert its conditional
approval of Florida’s SIP revisions to a
full approval of Florida’s PSD program.
As a result of Florida’s June 17, 2009,
SIP revision satisfying the conditional
approval requirements and EPA’s
conversion to a full approval, the
conditional approval language at
§ 52.519 of 40 CFR part 52, included in
EPA’s final conditional approval
published June 27, 2008 (73 FR 36435),
is no longer necessary. This action
removes the conditional approval
language relating to Florida’s PSD
program from the CFR to reflect that the
program has been approved. EPA is
publishing this rulemaking to remove
and reserve § 52.519 of 40 CFR part 52.
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 June 13, 2011
without further notice unless the
Agency receives adverse comments by
May 12, 2011.
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 public comments
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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 June 13, 2011
and no further action will be taken on
the proposed rule.
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.
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);
• 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 June 13, 2011. 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 today’s 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, Incorporation by
reference, Intergovernmental relations,
Ozone, and Reporting and
recordkeeping requirements.
Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
§ 52.519
[Removed and Reserved]
2. Section 52.519 is removed and
reserved.
■ 3. Section 52.520(c) is amended by
revising entries ‘‘62–210.200’’ and ‘‘62–
212.300’’ to read as follows:
■
§ 52.520
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Identification of plan.
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(c) * * *
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EPA-APPROVED FLORIDA REGULATIONS
State citation
(Section)
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State effective
date
Title/subject
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Chapter 62–210
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Stationary Sources—Preconstruction Review
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General Preconstruction Review
Requirements.
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Explanation
Stationary Sources—General Requirements
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Definitions .....................................
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EPA-APPROVED FLORIDA REGULATIONS—Continued
State citation
(Section)
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State effective
date
Title/subject
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Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2011–8701 Filed 4–11–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R09–OAR–2010–0743; FRL–9279–1]
Revisions to the California State
Implementation Plan; Sacramento
Metropolitan Air Quality Management
District
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
EPA is finalizing approval of
a revision to the Sacramento
Metropolitan Air Quality Management
District’s portion of the California State
Implementation Plan (SIP). This
revision was proposed in the Federal
Register on October 5, 2010, and
concerns emissions of oxides of nitrogen
(NOX) from the landfill gas flare at the
Kiefer Landfill in Sacramento,
California. We are approving portions of
a Permit to Operate that limit NOX
emissions from this facility under the
Clean Air Act as amended in 1990 (CAA
or the Act).
SUMMARY:
DATES:
This rule is effective on May 12,
2011.
EPA has established docket
number EPA–R09–OAR–2010–0743 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
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I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On October 5, 2010 (75 FR 61369),
EPA proposed to approve portions of
the Permit to Operate for the Kiefer
Landfill into the California SIP. The
submitted portions of the Permit to
Operate for the Kiefer Landfill (Permit
No. 17359), which was issued by the
Sacramento Metropolitan Air Quality
Management District (SMAQMD), relate
to the control of NOX emissions from
the air pollution control landfill gas
flare. The SMAQMD originally issued
Permit No. 17359 on August 7, 2006,
and later revised it on November 13,
2006. We are proposing to act on the
submitted portions of Permit No. 17359,
as revised on November 13, 2006. The
California Air Resources Board (CARB)
submitted this SIP revision to EPA on
July 11, 2007.
We proposed to approve the
submitted conditions of SMAQMD
Permit No. 17359 into the SMAQMD
portion of the California SIP because we
determined that they complied with the
relevant CAA requirements for SIP
approval. Our proposed action contains
more information on the submitted
portions of the permit and our
evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we did not receive any
comments.
III. EPA Action
No comments were submitted that
change our assessment that the
submitted conditions of SMAQMD
Permit No. 17359 comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these
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Explanation
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*
*
conditions into the California SIP.
Specifically, we are approving permit
conditions 1, 6, 10, 11, 16, 20, 27, 28,
and 29, or portions thereof, which
together establish an enforceable NOX
limitation satisfying RACT for the air
pollution control landfill gas flare at the
Kiefer Landfill. Please see the docket for
a copy of the complete submitted
document.
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.
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);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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]]>Agencies
[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20239-20242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8701]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0130-201111(a); FRL-9293-4]
Approval and Promulgation of Implementation Plans: Florida;
Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to convert a conditional
approval of provisions in the Florida State Implementation Plan (SIP)
to a full approval under the federal Clean Air Act (CAA or Act). On
June 17, 2009, the State of Florida, through the Florida Department of
Environmental Protection (FDEP), submitted a SIP revision in response
to the conditional approval of its New Source Review (NSR) permitting
program. The revision includes changes to certain parts of the
Prevention of Significant Deterioration (PSD) construction permit
program in Florida, including the definition of ``new emissions unit,''
``regulated air pollutant'' and ``significant emissions rate'' as well
as recordkeeping requirements. In addition, Florida provided a
clarification that the significant emissions rate for mercury in the
Florida regulations is intended to apply as a state-only provision. EPA
has determined that this revision addresses the conditions identified
in the conditional approval, and is therefore approvable. This action
is being taken pursuant to section 110 of the CAA.
DATES: This direct final rule is effective June 13, 2011 without
further notice, unless EPA receives adverse comment by May 12, 2011. 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-2006-0130, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: adams.yolanda@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2006-0130, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Ms. Yolanda Adams, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0130.'' 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 through https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. 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 the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in https://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S.
[[Page 20240]]
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
SIP, contact Twunjala Bradley, 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. Ms. Bradley may also be reached via
telephone or electronic mail at (404) 562-9352 and
bradley.twunjala@epa.gov. For information regarding NSR, contact
Yolanda Adams, Air Permits Section, at the same address above. Ms.
Adams may also be reached via telephone or electronic mail at (404)
562-9214 and adams.yolanda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of
the Conditional Approval
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On February 3, 2006, FDEP submitted a revision to its PSD
regulations in response to the 2002 NSR Reform Rules for EPA approval
into the Florida SIP.\1\ The February 3, 2006, SIP revision included
changes to the Florida SIP, specifically in Florida Administrative Code
(F.A.C.) Rules, Chapters 62-204--Air Pollution Control--General
Provisions, 62-210--Stationary Sources--General Requirements, and 62-
212--Stationary Source--Preconstruction Review, which became state-
effective on February 2, 2006, and February 12, 2006. EPA proposed to
conditionally approve these PSD SIP rules under section 110 of the CAA
on April 4, 2008. See 73 FR 18466. In the April 4, 2008 rulemaking, EPA
determined that portions of Florida's February 3, 2006 SIP revision
were not consistent with the federal PSD regulations set forth at 40
CFR 51.166. Therefore, EPA proposed to conditionally approve Florida's
PSD program which established a commitment from FDEP to adopt the
necessary regulations for consistency with federal PSD provisions to
obtain full approval. EPA did not receive any comments on the proposal.
EPA finalized its conditional approval of F.A.C. Chapters 62-204, 62-
210, and 62-212, into the Florida SIP on June 27, 2008. See 73 FR
36435.
---------------------------------------------------------------------------
\1\ On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and
nonattainment NSR programs. On November 7, 2003 (68 FR 63021), EPA
published a notice of final action on the reconsideration of the
December 31, 2002, final rule changes. The December 31, 2002, and
the November 7, 2003, final actions are collectively referred to as
the ``2002 NSR Reform Rules.''
---------------------------------------------------------------------------
On June 17, 2009, FDEP submitted the revision to its SIP
incorporating the changes required by EPA as outlined in the
conditional approval. See 73 FR 18466. Specifically, the June 17, 2009,
SIP revision changes definitions in F.A.C Chapter 62-210.200 for ``new
emissions unit,'' ``regulated air pollutant,'' and ``significant
emissions rate'' as well as the recordkeeping requirements in F.A.C.
Chapter 62-212.300(3)(a)1. In addition, Florida provided a
clarification that the significant emissions rate for mercury in the
Florida regulations is considered a state-only provision and is not
intended to be incorporated into the Florida SIP. After consideration,
EPA concludes that the June 17, 2009, SIP revision satisfies the
conditions listed in EPA's June 27, 2008, conditional approval. Today,
EPA is converting the June 27, 2008, conditional approval to a full
approval.
II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of the
Conditional Approval
In response to EPA`s June 27, 2008, conditional approval, Florida
made three changes to its PSD requirements. These changes were required
to ensure that Florida's PSD program is consistent with the federal PSD
regulations (at 40 CFR 51.166) to obtain full approval of the program.
First, Florida changed the definition of ``new emissions unit'' in
F.A.C. Chapter 62-210.200 to indicate that it is a unit `` * * * that
has existed for less than 2 years from the date such emissions unit
first operated.'' This definition is consistent with the federal
definition of ``New Emissions Unit'' found at 40 CFR 51.166(b)(7)(i).
Second, Florida changed the definitions of ``Regulated Air Pollutant''
and ``Significant Emissions Rate'' in F.A.C. Chapter 62-210.200 to
include ozone depleting substances. This change is consistent with the
federal definition of ``Significant'' in 40 CFR 51.166(b)(23). Third,
Florida changed its recordkeeping requirements in F.A.C. Chapter 62-
212.300(3)(a)1 to clarify that the applicant must provide 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. This change is
consistent with the federal recordkeeping requirements at 40 CFR
51.166(r)(6).
In addition, Florida provided a clarification that the significant
emissions rate for mercury is considered a state-only provision and is
not intended to be incorporated into the Florida SIP. EPA has
determined that this clarification satisfies the condition listed in
EPA's conditional approval.
III. Final Action
As explained above, FDEP submitted changes to the definition of
``new emissions unit,'' ``regulated air pollutant,'' and ``significant
emissions rate'' in F.A.C. Chapter 62-210.200 and the recordkeeping
requirements in F.A.C. Chapter 62-212.300(3)(a)1. In addition, FDEP
provided a clarification that the significant emissions rate for
mercury in the Florida regulations is intended to apply as a state-only
requirement only and is not intended to be incorporated into the
Florida SIP. FDEP has satisfied the conditions listed in EPA's
conditional approval. Therefore, EPA is taking direct final action to
convert its conditional approval of Florida's SIP revisions to a full
approval of Florida's PSD program.
As a result of Florida's June 17, 2009, SIP revision satisfying the
conditional approval requirements and EPA's conversion to a full
approval, the conditional approval language at Sec. 52.519 of 40 CFR
part 52, included in EPA's final conditional approval published June
27, 2008 (73 FR 36435), is no longer necessary. This action removes the
conditional approval language relating to Florida's PSD program from
the CFR to reflect that the program has been approved. EPA is
publishing this rulemaking to remove and reserve Sec. 52.519 of 40 CFR
part 52.
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 June 13, 2011
without further notice unless the Agency receives adverse comments by
May 12, 2011.
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 public comments
[[Page 20241]]
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
June 13, 2011 and no further action will be taken on the proposed rule.
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. 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);
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 June 13, 2011. 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 today's 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, Incorporation by
reference, Intergovernmental relations, Ozone, and Reporting and
recordkeeping requirements.
Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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
Sec. 52.519 [Removed and Reserved]
0
2. Section 52.519 is removed and reserved.
0
3. Section 52.520(c) is amended by revising entries ``62-210.200'' and
``62-212.300'' to 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.......... 6/29/09 4/12/11..............
[Insert citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-212.300................. General 6/29/09 4/12/11..............
Preconstruction [Insert citation of
Review Requirements. publication].
[[Page 20242]]
* * * * * * *
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* * * * *
[FR Doc. 2011-8701 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P
