Approval and Promulgation of Implementation Plans; State of Florida: New Source; Review Prevention of Significant Deterioration: Nitrogen Oxides as a Precursor to Ozone, 35862-35866 [2012-14419]
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35862
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: May 29, 2012.
S.M. Wischmann,
Captain, U. S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2012–14648 Filed 6–14–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0062]
Safety Zone; Fleet Week Maritime
Festival, Pier 66 Elliott Bay, Seattle,
WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Fleet Week Maritime Festival’s Pier
66 Safety Zone in Elliott Bay, WA from
8 a.m. until 8 p.m. on August 1, 2012,
however, it will only be enforced thirty
minutes prior to, during, and thirty
minutes after the annual parade of ships
and aerial demonstration. This action is
necessary to promote safety on
navigable waters. During the
enforcement period, entry into, transit
through, mooring, or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound or his Designated
Representative.
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SUMMARY:
The regulations in 33 CFR
165.1330 will be enforced from 8 a.m.
until 8 p.m. on August 1, 2012.
DATES:
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If
you have questions on this notice, call
or email Ensign Anthony P. LaBoy,
Sector Puget Sound Waterways
Management Division Coast Guard;
telephone 206–217–6323, email
SectorPugetSoundWWM@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Safety Zone for
the Fleet Week Maritime Festival in 33
CFR 165.1330 on August 1, 2012, from
8 a.m. until 8 p.m.; however, it will only
be enforced thirty minutes prior to,
during, and thirty minutes after the
annual parade of ships and aerial
demonstration.
In accordance with the general
regulations in 33 CFR Part 165, Subpart
C, no vessel operator may enter, transit,
moor, or anchor within this safety zone,
except for vessels authorized by the
Captain of the Port or Designated
Representative, thirty minutes prior to
the beginning, during and thirty
minutes following the conclusion of the
Parade of Ships. For the purpose of this
rule, the Parade of Ships includes both
the pass and review of the ships near
Pier 66 and the aerial demonstrations
immediately following the pass and
review. The Captain of the Port may be
assisted by other federal, state, or local
agencies as needed.
In order to transit through this safety
zone, authorization must be granted by
the Captain of the Port, Puget Sound, or
his Designated Representative. All
vessel operators desiring entry into this
safety zone shall gain authorization by
contacting either the on-scene U.S.
Coast Guard patrol craft on VHF Ch 13
or Ch 16, or Coast Guard Sector Puget
Sound Joint Harbor Operations Center
(JHOC) via telephone at (206) 217–6002.
Requests shall Indicate the reason why
movement within the safety zone is
necessary and the vessel’s arrival and/
or departure facility name, pier and/or
berth. Vessel operators granted
permission to enter this safety zone will
be escorted by the on-scene patrol until
no longer within the safety zone.
This notice is issued under authority
of 33 CFR 165.1330 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of this enforcement
period via the Local Notice to Mariners
and marine information broadcasts. If
the Captain of the Port determines that
the regulated area need not be enforced
for the full duration stated in this
notice, he may use a Broadcast Notice
to Mariners to grant general permission
to enter the regulated area.
SUPPLEMENTARY INFORMATION:
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Dated: June 1, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–14545 Filed 6–14–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0166; FRL–9687–1]
Approval and Promulgation of
Implementation Plans; State of Florida:
New Source; Review Prevention of
Significant Deterioration: Nitrogen
Oxides as a Precursor to Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the Florida State
Implementation Plan (SIP), submitted
by the Florida Environmental Protection
(FDEP), through the Division of Air
Resource Management, to EPA in two
separate SIP revisions on October 19,
2007, and July 1, 2011. These SIP
revisions modify Florida’s New Source
Review (NSR) Prevention of Significant
Deterioration (PSD) program to address
requirements promulgated in the 1997
8-hour ozone national ambient air
quality standards (NAAQS)
Implementation Rule NSR Update Phase
II (hereafter referred to as the ‘‘Ozone
Implementation NSR Update’’ or ‘‘Phase
II Rule’’) recognizing nitrogen oxide
(NOX) as an ozone precursor, among
other requirements. In addition, both
SIP revisions make clarifying and
corrective changes to Florida’s
regulations. EPA is approving both SIP
revisions because the Agency has
determined that the changes are in
accordance with the Clean Air Act (CAA
or Act) and EPA regulations regarding
NSR permitting.
DATES: Effective Date: This rule will be
effective July 16, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0166. All documents in the docket
are listed on the www.regulations.gov
web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
SUMMARY:
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Publicly available docket materials are
available either electronically through
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 SIP,
contact Ms. 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.
Telephone number: (404) 562–9352;
email address:
bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms.
Yolanda Adams, Air Permits Section, at
the same address above. Telephone
number: (404) 562–9214; email address:
adams.yolanda@epa.gov. For
information regarding 8-hour ozone
NAAQS, contact Ms. Jane Spann,
Regulatory Development Section, at the
same address above. Telephone number:
(404) 562–9029; email address:
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action to approve
changes to the Florida SIP such that it
is consistent with federal requirements
for NSR permitting. On October 19,
2007, and July 1, 2011,1 FDEP submitted
revisions to EPA for approval into the
Florida SIP to adopt federal
requirements for NSR permitting
promulgated in the Phase II Rule.
Florida’s October 19, 2007, SIP revision
makes changes to the State’s air quality
regulations at Chapter 62–210, Florida
Administrative Code (F.A.C.),
Stationary Sources—General
Requirements, Section 200—Definitions
(rule 62–210.200), and Chapter 62–212,
1 Florida’s July 1, 2011, SIP revision also makes
additional changes to Chapters 62–210, 212 and
296, F.A.C. which will be addressed in a separate
rulemaking.
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F.A.C., Stationary Sources—
Preconstruction Review, Section 400—
Prevention of Significant Deterioration
(rule 62–210.400). Florida’s July 1, 2011,
SIP revision also makes changes at
Chapter 62–210, F.A.C., to adopt PSD
provisions promulgated in the Phase II
Rule. Specifically, both SIP revisions
amend the State’s PSD regulations to
establish that PSD permit applicants
must identify NOx as an ozone
precursor as established in the Phase II
Rule. Lastly, both SIP revisions make
clarifying and corrective changes to
Florida’s rules at Chapters 62–210 and
62–212, F.A.C. Pursuant to section 110
of the CAA, EPA is approving these
changes into the Florida SIP. EPA notes
that Florida’s October 19, 2007, SIP
submission makes clarifying changes to
rule 62–212.400(11), F.A.C., regarding
applicable public participation
requirements for PSD permitting.
However, because Florida’s subsequent
July 1, 2011, SIP revision made
subsequent revisions to this public
participation provision, EPA is not
taking action to approve Florida’s
October 19, 2007, revision to rule 62–
212.400(11), F.A.C. EPA is taking final
action to approve the subsequent July 1,
2011, clarifying amendments to rule 62–
212.400(11), F.A.C. into the Florida SIP.
On April 5, 2012, EPA published a
proposed rulemaking to approve the
aforementioned changes to Florida’s
NSR PSD program. See 77 FR 20582.
Comments on the proposed rulemaking
were due on or before May 7, 2012. No
comments, adverse or otherwise, were
received on EPA’s April 5, 2012,
proposed rulemaking. EPA is now
taking final action to approve the
changes to Florida’s NSR PSD program
as outlined in EPA’s April 5, 2012,
proposed rulemaking. A summary of the
background for today’s final actions is
provided below.
a. Phase II Rule
With regard to the 1997 8-hour ozone
NAAQS,2 EPA’s Phase II Rule, finalized
on November 29, 2005, addressed
control and planning requirements as
they applied to areas designated
nonattainment for the 1997 8-hour
2 On July 18, 1997, EPA promulgated a revised
8-hour ozone NAAQS of 0.08 parts per million—
also referred to as the 1997 8-hour ozone NAAQS.
On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and
unclassifiable for the 1997 8-hour ozone NAAQS.
In addition, on April 30, 2004, as part of the
framework to implement the 1997 8-hour ozone
NAAQS, EPA promulgated an implementation rule
in two phases (Phase I and II). The Phase I Rule
(effective on June 15, 2004), provided the
implementation requirements for designating areas
under subpart 1 and subpart 2 of the CAA. See 69
FR 23951.
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35863
ozone NAAQS such as reasonably
available control technology, reasonably
available control measures, reasonable
further progress, modeling and
attainment demonstrations, NSR, and
the impact to reformulated gas for the
1997 8-hour ozone NAAQS transition.
See 70 FR 71612. The NSR permitting
requirements established in the rule
included the following provisions:
Recognizing NOX as an ozone precursor
for PSD purposes; changes to the
nonattainment new source review
(NNSR) rules establishing major
stationary thresholds (marginal,
moderate, serious, severe, and extreme
nonattainment classifications) and
significant emission rates for the 8-hour
ozone, PM10 and carbon monoxide
NAAQS; revising the criteria for
crediting emission reductions credits
from operation shutdowns and
curtailments as offsets, and changes to
offset ratios for marginal, moderate,
serious, severe, and extreme ozone
nonattainment.
The Phase II Rule made changes to
federal regulations at 40 CFR 51.165 and
51.166 (which govern the NNSR and
PSD permitting programs respectively).
Pursuant to these requirements, states
were required to submit SIP revisions
adopting the relevant federal
requirements of the Phase II Rule (at 40
CFR 51.165 and 51.166) into their SIP
no later than June 15, 2007. Florida’s
October 19, 2007, and July 1, 2011, SIP
revisions adopt the relevant provisions
at 40 CFR 51.66 into the Florida SIP to
be consistent with federal regulations
for NSR PSD permitting requirements
promulgated in the Phase II Rule with
minor variations. States may meet the
requirements of 40 CFR part 51 and the
Phase II Rules with alternative but
equivalent regulations. As part of its
analysis of Florida’s October 19, 2007
and July 1, 2011, SIP revisions, EPA
conducted a thorough review of the
State’s submittals including those
provisions that differ from the federal
rules (specifically the term ‘‘regulated
NSR pollutant’’ at 40 CFR
51.166(b)(49)). EPA determined that
Florida’s term ‘‘PSD pollutant’’ 3 is
3 On June 27, 2008 (73 FR 36435), EPA took final
action to approve a February 3, 2006, Florida SIP
revision to adopt the provisions promulgated in the
2002 NSR Reform Rule. See 67 FR 80186. In the
June 27, 2008, final rulemaking, EPA approved
Florida’s definition of ‘‘PSD Pollutant’’ as an
equivalent to the federal term ‘‘regulated NSR
pollutant’’ into the Florida SIP. As part of its
February 3, 2006, SIP revision to adopt the NSR
Reform provisions, Florida provided an equivalency
demonstration that addressed how the State’s
definition of ‘‘PSD pollutant’’ was comparable to
the federal term ‘‘regulated NSR pollutant.’’ EPA’s
June 27, 2008, rulemaking also conditionally
approved portions of Florida’s PSD program that
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equivalent to the federal PSD definition
‘‘regulated NSR pollutant’’ and
consistent with the program
requirements for NSR, set forth at 40
CFR 51.166 related to the relevant
revisions amended in the Phase II Rule.
For more detail on Florida’s equivalent
PSD provisions for the definition of
‘‘regulated NSR pollutant’’ related to the
Phase II Rule, please refer to EPA’s
proposed rulemaking at 77 FR 20584
(May 5, 2012). See also 73 FR 36435
(June 27, 2008).
b. Florida’s Clarifying Changes and
Corrections
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Finally, Florida’s October 19, 2007,
and July 1, 2011, SIP revisions make
clarifying changes and typographical
corrections to portions of the State’s
NSR regulations at Chapter 62–210 and
212. Florida’s October 19, 2007, SIP
revisions make clarifying and/or
corrective changes to rule 62–212.400,
F.A.C including amending subsection
entitled ‘‘General Prohibitions’’ at rule
62–212.400(1) by replacing the term
‘‘Prohibitions’’ with the term
‘‘Provisions’’; and adding language at
rule 62–212.400(1)(c) and 62–212.720—
Actuals Plantwide Applicability Limits
(PALs), to clarify that the term
‘‘Administrator’’ in 40 CFR 52.21 shall
mean ‘‘Department’’ when applying the
portions of the federal rule cited from
within the FDEP rules.
In addition, Florida’s July 1, 2011, SIP
revision corrected an administrative
error in the definition of ‘‘major
modification’’ by replacing the term
‘‘PSD pollutant’’ with ‘‘regulated air
pollutant’’ at rule 62–210.200(186)(d),
F.A.C. The July 1, 2011, SIP revision
also amends the public participation
provision at 62–212.400(11), F.A.C., to
clarify that the applicable public notice
and participation provisions can be
found at 62–210.350, F.A.C., and 62–
110.106, F.A.C., to satisfy the federal
public participation requirements.
Florida’s October 19, 2007, SIP
submission also made changes to rule
62–212.400(11), F.A.C., regarding
applicable public participation
requirements for PSD permitting.
However, Florida’s July 1, 2011, SIP
revision made subsequent changes to
the public participation provision at
rule 62–212.400(11), F.A.C., and
therefore, EPA is not taking action to
were not consistent with federal PSD regulations
(including the definition for significant emissions
rate). On June 17, 2009, in response to the
conditional approval FDEP submitted a SIP revision
to revise portions of its PSD program to be
consistent with the federal PSD regulations. EPA
took final action to approve this revision on April
12, 2011, which converted the State’s PSD program
from conditional to full approval. See 76 FR 20239.
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approve Florida’s October 19, 2007,
revision to rule 62–212.400(11), F.A.C.
EPA is instead approving the latest
revision to rule 62–212.400(11), F.A.C.,
included in Florida’s July 1, 2011, SIP
revision.
II. This Action
Florida’s October 19, 2007 and July 1,
2011, SIP revisions update the State’s
PSD definitions at Chapter 62–210,
F.A.C. and provisions at Chapter 62–
212, F.A.C. to adopt the NSR
requirements promulgated in the Phase
II Rule (at 40 CFR 52.21) recognizing
NOX as an ozone precursor regarding:
amendments to the definitions for
‘‘major stationary source’’ (40 CFR
52.21(b)(1)), ‘‘major modification’’ (40
CFR 52.21(b)(2)), ‘‘significant’’ (for
significant emissions rate) (at 40 CFR
52.21(b)(23)(i)), ‘‘regulated NSR
pollutant’’ (40 CFR 52.21(b)(50)), and
the addition of a footnote at 40 CFR
52.21(i)(5)(i)(f) establishing the
requirement for ambient air impact
analysis. The Phase II rule also made
other revisions to the NNSR program;
however, only the addition of PSD
amendments recognizing NOX as an
ozone precursor is relevant to this
action.
Florida’s October 19, 2007, SIP
revision, which became state effective
July 16, 2007, revised definitions at rule
62–210.200, F.A.C., for ‘‘major
stationary source,’’ ‘‘significant
emissions rate’’ (or ‘‘significant’’ at 40
CFR 52.21(b)(23)(i)), and ‘‘PSD
pollutant’’ 4 (Florida’s equivalent to the
federal term ‘‘regulated NSR pollutant’’
at 40 CFR 52.21 (b)(50)) by adding the
term ‘‘nitrogen oxides’’ to recognize
NOX as an ozone precursor. The changes
at rule 62–212.400, F.A.C., also
addressed the inclusion of ‘‘nitrogen
oxides’’ in the footnote at 62–
212.400(3)(e)1.e., (as amended at 40 CFR
52.21 (i)(5)(i)(f)) regarding air quality
level for ozone.5 Florida’s July 1, 2011,
SIP revision, which became state
effective October 12, 2008, revised the
definition for ‘‘major modification’’ to
be consistent with the definition
4 Florida defines ‘‘PSD Pollutant’’ at rule 62–
210.200, F.A.C., as ‘‘any pollutant listed as having
a significant emissions rate. Florida’s October 19,
2007, SIP revision (the subject of this action)
amends the definition of ‘‘significant emissions
rate’’ to adopt the Phase II Rule provisions by listing
NOX for the pollutant ‘‘ozone.’’ In doing so,
Florida’s definition of ‘‘PSD pollutant’’ is also
amended to establish NOX as an ozone precursor.
5 The rule at 40 CFR 52.21(i)(5)(i)(f) establishes
that there is no de minimis air quality level for
ozone, however any source subject to PSD with a
net increase of 100 tons per year or more of volatile
organic compounds or NOX is required to perform
an ambient impact analysis.
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promulgated in the Phase II Rule to
include NOX as an ozone precursor.
As mentioned above, both Florida SIP
submittals made clarifying changes and
corrected typographical errors at Florida
Chapter 62–210 and 212, F.A.C.
Specifically Florida’s October 19, 2007,
SIP submission made changes to rule
62–212.400(11), F.A.C., regarding
applicable public participation
requirements for PSD permitting.
However, because Florida’s July 1, 2011
SIP revision made subsequent changes
62–212.400(11), F.A.C., EPA is not
approving the October 19, 2007 SIP
revision to 62–212.400(11), F.A.C., into
the Florida SIP. EPA is instead
approving the latest revision to rule 62–
212.400(11), F.A.C., included in
Florida’s July 1, 2011, SIP revision. EPA
has determined that Florida’s October
19, 2007, and July 1, 2011, SIP
revisions, both meet the NSR PSD
permitting requirements established in
the Phase II Rule and are consistent
with section 110 of the CAA.
III. Final Action
Pursuant to section 110 of the CAA,
EPA is taking final action to approve
Florida’s October 19, 2007, and July 1,
2011, SIP revisions adopting federal
PSD definitions and provisions
amended in the Phase II Rule
specifically recognizing NOX as an
ozone precursor into the Florida SIP.
EPA is also taking final action to
approve Florida’s clarifying changes and
correction to Florida’s NSR rules. EPA
is approving these revisions into the
Florida SIP because they are consistent
with section 110 of the CAA and EPA
implementing NSR regulations.
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.);
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• 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
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 14, 2012. 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 CAA
section 307(b)(2), 42 U.S.C. 7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Reporting
and recordkeeping requirements.
Dated: June 5, 2012.
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
2. Section 52.520(c) is amended under
Chapters 62–210 and 62–212 by revising
the entries for ‘‘Section 62–210.200’’
and ‘‘Section 62–212.400’’ to read as
follows:
■
§ 52.520
*
Identification of plan
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA REGULATIONS
State citation
(section)
*
State effective
date
Title/subject
*
*
*
Chapter 62–210
*
62–210.200 .........
*
*
Definitions .......................
*
10/12/08
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*
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*
*
*
*
This final rulemaking approves changes to the following definitions: ‘‘major modification,’’ ‘‘major
stationary source,’’ ‘‘PSD pollutant’’ and ‘‘significant emissions rate.’’
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Stationary Source—Preconstruction Review
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Prevention of Significant
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Explanation
Stationary Source—General Requirements
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Chapter 62–212
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EPA approval date
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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations
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[FR Doc. 2012–14419 Filed 6–14–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0969; FRL–9686–9]
Approval and Promulgation of
Implementation Plans; Revisions to the
Georgia State Implementation Plan
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Georgia,
through the Department of Natural
Resources (GA DNR), on November 16,
2010. This revision consists of
transportation conformity criteria and
procedures related to interagency
consultation and enforceability of
certain transportation-related control
measures and mitigation measures. The
intended effect is to update the
transportation conformity criteria and
procedures in the Georgia SIP. This
action is being taken pursuant to section
110 of the Clean Air Act.
DATES: This direct final rule is effective
August 14, 2012 without further notice,
unless EPA receives adverse comment
by July 16, 2012. 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–2010–0969, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email:
somerville.amanetta@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2010–
0969,’’ Air Quality Modeling and
Transportation 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.
5. Hand Delivery or Courier: Amanetta
Somerville, Air Quality Modeling and
Transportation Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
19:35 Jun 14, 2012
Jkt 226001
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–2010–
0969.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
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
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
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 email comment directly
to EPA without going through
www.regulations.gov, your email
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
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 www.regulations.gov or
in hard copy at the Air Quality
Modeling and Transportation Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
PO 00000
Frm 00058
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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:
Amanetta Somerville, Air Quality
Modeling and Transportation 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.
Somerville’s telephone number is 404–
562–9025. She can also be reached via
electronic mail at
somerville.amanetta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Transportation Conformity
II. Background for This Action
A. Federal Requirements
B. Atlanta Conformity SIP
C. Chattanooga Conformity SIP
D. Macon Conformity SIP
E. Rome Conformity SIP
III. State Submittal and EPA Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Transportation Conformity
Transportation conformity (hereafter
referred to as ‘‘conformity’’) is required
under section 176(c) of the Clean Air
Act (CAA or Act) to ensure that
federally supported highway, transit
projects, and other activities are
consistent with (‘‘conform to’’) the
purpose of the SIP. Conformity
currently applies to areas that are
designated nonattainment, and to areas
that have been redesignated to
attainment after 1990 (maintenance
areas) with plans developed under
section 175A of the Act, for the
following transportation related criteria
pollutants: Ozone, particulate matter
(e.g., PM2.5 and PM10), carbon
monoxide, and nitrogen dioxide.
Conformity to the purpose of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant criteria
pollutants, also known as national
ambient air quality standards (NAAQS).
The transportation conformity
regulation is found in 40 CFR part 93
and provisions related to conformity
SIPs are found in 40 CFR 51.390.
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Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35862-35866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14419]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0166; FRL-9687-1]
Approval and Promulgation of Implementation Plans; State of
Florida: New Source; Review Prevention of Significant Deterioration:
Nitrogen Oxides as a Precursor to Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve changes to the Florida
State Implementation Plan (SIP), submitted by the Florida Environmental
Protection (FDEP), through the Division of Air Resource Management, to
EPA in two separate SIP revisions on October 19, 2007, and July 1,
2011. These SIP revisions modify Florida's New Source Review (NSR)
Prevention of Significant Deterioration (PSD) program to address
requirements promulgated in the 1997 8-hour ozone national ambient air
quality standards (NAAQS) Implementation Rule NSR Update Phase II
(hereafter referred to as the ``Ozone Implementation NSR Update'' or
``Phase II Rule'') recognizing nitrogen oxide (NOX) as an
ozone precursor, among other requirements. In addition, both SIP
revisions make clarifying and corrective changes to Florida's
regulations. EPA is approving both SIP revisions because the Agency has
determined that the changes are in accordance with the Clean Air Act
(CAA or Act) and EPA regulations regarding NSR permitting.
DATES: Effective Date: This rule will be effective July 16, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0166. All documents in the docket
are listed on the www.regulations.gov web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.
[[Page 35863]]
Publicly available docket materials are available either electronically
through 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
SIP, contact Ms. 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. Telephone number: (404) 562-9352; email
address: bradley.twunjala@epa.gov. For information regarding NSR,
contact Ms. Yolanda Adams, Air Permits Section, at the same address
above. Telephone number: (404) 562-9214; email address:
adams.yolanda@epa.gov. For information regarding 8-hour ozone NAAQS,
contact Ms. Jane Spann, Regulatory Development Section, at the same
address above. Telephone number: (404) 562-9029; email address:
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action to approve changes to the Florida SIP
such that it is consistent with federal requirements for NSR
permitting. On October 19, 2007, and July 1, 2011,\1\ FDEP submitted
revisions to EPA for approval into the Florida SIP to adopt federal
requirements for NSR permitting promulgated in the Phase II Rule.
Florida's October 19, 2007, SIP revision makes changes to the State's
air quality regulations at Chapter 62-210, Florida Administrative Code
(F.A.C.), Stationary Sources--General Requirements, Section 200--
Definitions (rule 62-210.200), and Chapter 62-212, F.A.C., Stationary
Sources--Preconstruction Review, Section 400--Prevention of Significant
Deterioration (rule 62-210.400). Florida's July 1, 2011, SIP revision
also makes changes at Chapter 62-210, F.A.C., to adopt PSD provisions
promulgated in the Phase II Rule. Specifically, both SIP revisions
amend the State's PSD regulations to establish that PSD permit
applicants must identify NOx as an ozone precursor as established in
the Phase II Rule. Lastly, both SIP revisions make clarifying and
corrective changes to Florida's rules at Chapters 62-210 and 62-212,
F.A.C. Pursuant to section 110 of the CAA, EPA is approving these
changes into the Florida SIP. EPA notes that Florida's October 19,
2007, SIP submission makes clarifying changes to rule 62-212.400(11),
F.A.C., regarding applicable public participation requirements for PSD
permitting. However, because Florida's subsequent July 1, 2011, SIP
revision made subsequent revisions to this public participation
provision, EPA is not taking action to approve Florida's October 19,
2007, revision to rule 62-212.400(11), F.A.C. EPA is taking final
action to approve the subsequent July 1, 2011, clarifying amendments to
rule 62-212.400(11), F.A.C. into the Florida SIP.
---------------------------------------------------------------------------
\1\ Florida's July 1, 2011, SIP revision also makes additional
changes to Chapters 62-210, 212 and 296, F.A.C. which will be
addressed in a separate rulemaking.
---------------------------------------------------------------------------
On April 5, 2012, EPA published a proposed rulemaking to approve
the aforementioned changes to Florida's NSR PSD program. See 77 FR
20582. Comments on the proposed rulemaking were due on or before May 7,
2012. No comments, adverse or otherwise, were received on EPA's April
5, 2012, proposed rulemaking. EPA is now taking final action to approve
the changes to Florida's NSR PSD program as outlined in EPA's April 5,
2012, proposed rulemaking. A summary of the background for today's
final actions is provided below.
a. Phase II Rule
With regard to the 1997 8-hour ozone NAAQS,\2\ EPA's Phase II Rule,
finalized on November 29, 2005, addressed control and planning
requirements as they applied to areas designated nonattainment for the
1997 8-hour ozone NAAQS such as reasonably available control
technology, reasonably available control measures, reasonable further
progress, modeling and attainment demonstrations, NSR, and the impact
to reformulated gas for the 1997 8-hour ozone NAAQS transition. See 70
FR 71612. The NSR permitting requirements established in the rule
included the following provisions: Recognizing NOX as an
ozone precursor for PSD purposes; changes to the nonattainment new
source review (NNSR) rules establishing major stationary thresholds
(marginal, moderate, serious, severe, and extreme nonattainment
classifications) and significant emission rates for the 8-hour ozone,
PM10 and carbon monoxide NAAQS; revising the criteria for
crediting emission reductions credits from operation shutdowns and
curtailments as offsets, and changes to offset ratios for marginal,
moderate, serious, severe, and extreme ozone nonattainment.
---------------------------------------------------------------------------
\2\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and unclassifiable for the
1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of
the framework to implement the 1997 8-hour ozone NAAQS, EPA
promulgated an implementation rule in two phases (Phase I and II).
The Phase I Rule (effective on June 15, 2004), provided the
implementation requirements for designating areas under subpart 1
and subpart 2 of the CAA. See 69 FR 23951.
---------------------------------------------------------------------------
The Phase II Rule made changes to federal regulations at 40 CFR
51.165 and 51.166 (which govern the NNSR and PSD permitting programs
respectively). Pursuant to these requirements, states were required to
submit SIP revisions adopting the relevant federal requirements of the
Phase II Rule (at 40 CFR 51.165 and 51.166) into their SIP no later
than June 15, 2007. Florida's October 19, 2007, and July 1, 2011, SIP
revisions adopt the relevant provisions at 40 CFR 51.66 into the
Florida SIP to be consistent with federal regulations for NSR PSD
permitting requirements promulgated in the Phase II Rule with minor
variations. States may meet the requirements of 40 CFR part 51 and the
Phase II Rules with alternative but equivalent regulations. As part of
its analysis of Florida's October 19, 2007 and July 1, 2011, SIP
revisions, EPA conducted a thorough review of the State's submittals
including those provisions that differ from the federal rules
(specifically the term ``regulated NSR pollutant'' at 40 CFR
51.166(b)(49)). EPA determined that Florida's term ``PSD pollutant''
\3\ is
[[Page 35864]]
equivalent to the federal PSD definition ``regulated NSR pollutant''
and consistent with the program requirements for NSR, set forth at 40
CFR 51.166 related to the relevant revisions amended in the Phase II
Rule. For more detail on Florida's equivalent PSD provisions for the
definition of ``regulated NSR pollutant'' related to the Phase II Rule,
please refer to EPA's proposed rulemaking at 77 FR 20584 (May 5, 2012).
See also 73 FR 36435 (June 27, 2008).
---------------------------------------------------------------------------
\3\ On June 27, 2008 (73 FR 36435), EPA took final action to
approve a February 3, 2006, Florida SIP revision to adopt the
provisions promulgated in the 2002 NSR Reform Rule. See 67 FR 80186.
In the June 27, 2008, final rulemaking, EPA approved Florida's
definition of ``PSD Pollutant'' as an equivalent to the federal term
``regulated NSR pollutant'' into the Florida SIP. As part of its
February 3, 2006, SIP revision to adopt the NSR Reform provisions,
Florida provided an equivalency demonstration that addressed how the
State's definition of ``PSD pollutant'' was comparable to the
federal term ``regulated NSR pollutant.'' EPA's June 27, 2008,
rulemaking also conditionally approved portions of Florida's PSD
program that were not consistent with federal PSD regulations
(including the definition for significant emissions rate). On June
17, 2009, in response to the conditional approval FDEP submitted a
SIP revision to revise portions of its PSD program to be consistent
with the federal PSD regulations. EPA took final action to approve
this revision on April 12, 2011, which converted the State's PSD
program from conditional to full approval. See 76 FR 20239.
---------------------------------------------------------------------------
b. Florida's Clarifying Changes and Corrections
Finally, Florida's October 19, 2007, and July 1, 2011, SIP
revisions make clarifying changes and typographical corrections to
portions of the State's NSR regulations at Chapter 62-210 and 212.
Florida's October 19, 2007, SIP revisions make clarifying and/or
corrective changes to rule 62-212.400, F.A.C including amending
subsection entitled ``General Prohibitions'' at rule 62-212.400(1) by
replacing the term ``Prohibitions'' with the term ``Provisions''; and
adding language at rule 62-212.400(1)(c) and 62-212.720--Actuals
Plantwide Applicability Limits (PALs), to clarify that the term
``Administrator'' in 40 CFR 52.21 shall mean ``Department'' when
applying the portions of the federal rule cited from within the FDEP
rules.
In addition, Florida's July 1, 2011, SIP revision corrected an
administrative error in the definition of ``major modification'' by
replacing the term ``PSD pollutant'' with ``regulated air pollutant''
at rule 62-210.200(186)(d), F.A.C. The July 1, 2011, SIP revision also
amends the public participation provision at 62-212.400(11), F.A.C., to
clarify that the applicable public notice and participation provisions
can be found at 62-210.350, F.A.C., and 62-110.106, F.A.C., to satisfy
the federal public participation requirements. Florida's October 19,
2007, SIP submission also made changes to rule 62-212.400(11), F.A.C.,
regarding applicable public participation requirements for PSD
permitting. However, Florida's July 1, 2011, SIP revision made
subsequent changes to the public participation provision at rule 62-
212.400(11), F.A.C., and therefore, EPA is not taking action to approve
Florida's October 19, 2007, revision to rule 62-212.400(11), F.A.C. EPA
is instead approving the latest revision to rule 62-212.400(11),
F.A.C., included in Florida's July 1, 2011, SIP revision.
II. This Action
Florida's October 19, 2007 and July 1, 2011, SIP revisions update
the State's PSD definitions at Chapter 62-210, F.A.C. and provisions at
Chapter 62-212, F.A.C. to adopt the NSR requirements promulgated in the
Phase II Rule (at 40 CFR 52.21) recognizing NOX as an ozone
precursor regarding: amendments to the definitions for ``major
stationary source'' (40 CFR 52.21(b)(1)), ``major modification'' (40
CFR 52.21(b)(2)), ``significant'' (for significant emissions rate) (at
40 CFR 52.21(b)(23)(i)), ``regulated NSR pollutant'' (40 CFR
52.21(b)(50)), and the addition of a footnote at 40 CFR
52.21(i)(5)(i)(f) establishing the requirement for ambient air impact
analysis. The Phase II rule also made other revisions to the NNSR
program; however, only the addition of PSD amendments recognizing
NOX as an ozone precursor is relevant to this action.
Florida's October 19, 2007, SIP revision, which became state
effective July 16, 2007, revised definitions at rule 62-210.200,
F.A.C., for ``major stationary source,'' ``significant emissions rate''
(or ``significant'' at 40 CFR 52.21(b)(23)(i)), and ``PSD pollutant''
\4\ (Florida's equivalent to the federal term ``regulated NSR
pollutant'' at 40 CFR 52.21 (b)(50)) by adding the term ``nitrogen
oxides'' to recognize NOX as an ozone precursor. The changes
at rule 62-212.400, F.A.C., also addressed the inclusion of ``nitrogen
oxides'' in the footnote at 62-212.400(3)(e)1.e., (as amended at 40 CFR
52.21 (i)(5)(i)(f)) regarding air quality level for ozone.\5\ Florida's
July 1, 2011, SIP revision, which became state effective October 12,
2008, revised the definition for ``major modification'' to be
consistent with the definition promulgated in the Phase II Rule to
include NOX as an ozone precursor.
---------------------------------------------------------------------------
\4\ Florida defines ``PSD Pollutant'' at rule 62-210.200,
F.A.C., as ``any pollutant listed as having a significant emissions
rate. Florida's October 19, 2007, SIP revision (the subject of this
action) amends the definition of ``significant emissions rate'' to
adopt the Phase II Rule provisions by listing NOX for the
pollutant ``ozone.'' In doing so, Florida's definition of ``PSD
pollutant'' is also amended to establish NOX as an ozone
precursor.
\5\ The rule at 40 CFR 52.21(i)(5)(i)(f) establishes that there
is no de minimis air quality level for ozone, however any source
subject to PSD with a net increase of 100 tons per year or more of
volatile organic compounds or NOX is required to perform
an ambient impact analysis.
---------------------------------------------------------------------------
As mentioned above, both Florida SIP submittals made clarifying
changes and corrected typographical errors at Florida Chapter 62-210
and 212, F.A.C. Specifically Florida's October 19, 2007, SIP submission
made changes to rule 62-212.400(11), F.A.C., regarding applicable
public participation requirements for PSD permitting. However, because
Florida's July 1, 2011 SIP revision made subsequent changes 62-
212.400(11), F.A.C., EPA is not approving the October 19, 2007 SIP
revision to 62-212.400(11), F.A.C., into the Florida SIP. EPA is
instead approving the latest revision to rule 62-212.400(11), F.A.C.,
included in Florida's July 1, 2011, SIP revision. EPA has determined
that Florida's October 19, 2007, and July 1, 2011, SIP revisions, both
meet the NSR PSD permitting requirements established in the Phase II
Rule and are consistent with section 110 of the CAA.
III. Final Action
Pursuant to section 110 of the CAA, EPA is taking final action to
approve Florida's October 19, 2007, and July 1, 2011, SIP revisions
adopting federal PSD definitions and provisions amended in the Phase II
Rule specifically recognizing NOX as an ozone precursor into
the Florida SIP. EPA is also taking final action to approve Florida's
clarifying changes and correction to Florida's NSR rules. EPA is
approving these revisions into the Florida SIP because they are
consistent with section 110 of the CAA and EPA implementing NSR
regulations.
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.);
[[Page 35865]]
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 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 14, 2012. 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 CAA section 307(b)(2), 42 U.S.C.
7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements.
Dated: June 5, 2012.
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
0
2. Section 52.520(c) is amended under Chapters 62-210 and 62-212 by
revising the entries for ``Section 62-210.200'' and ``Section 62-
212.400'' 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 Source--General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-210.200................ Definitions......... 10/12/08 6/15/12 [Insert This final rulemaking
citation of approves changes to the
publication]. following definitions:
``major modification,''
``major stationary
source,'' ``PSD
pollutant'' and
``significant emissions
rate.''
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-212 Stationary Source--Preconstruction Review
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62-212.400................ Prevention of 10/6/08 6/15/12 [Insert ........................
Significant citation of
Deterioration. publication].
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[[Page 35866]]
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[FR Doc. 2012-14419 Filed 6-14-12; 8:45 am]
BILLING CODE 6560-50-P