Approval and Promulgation of Air Quality Implementation Plans; State of Florida; Regional Haze State Implementation Plan, 71111-71115 [2012-28824]
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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 28, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 30, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
(i) Section 1.0 (Purpose), except for
the words ‘‘fermentation and’’ and ‘‘or
achieve equivalent reductions from
alternative emission sources’’;
(ii) Section 2.0 (Applicability), except
for the words ‘‘fermenting wine and/or’’;
(iii) Section 3.0 (Definitions),
paragraphs 3.1—Air Pollution Control
Officer (APCO), 3.2—Air Resources
Board (ARB or CARB), 3.18—Gas Leak,
3.19—Gas-Tight, 3.21—Must, 3.22—
Operator, 3.27—Storage Tank, 3.29—
Tank, 3.33—Volatile Organic
Compound (VOC), 3.35—Wine, and
3.36—Winery;
(iv) Section 4.0 (Exemptions),
paragraph 4.2;
(v) Section 5.0 (Requirements),
paragraph 5.2—Storage Tanks; and
(vi) Section 6.0 (Administrative
Requirements), paragraph 6.4—
Monitoring and Recordkeeping,
introductory text and paragraph 6.4.2.
(ii) Additional materials.
(A) California Air Resources Board
(CARB)
(1) CARB Executive Order S–11–024,
November 18, 2011, adopting specified
portions of SJVUAPCD Rule 4694 as a
revision to the SIP.
(B) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD)
(1) SJVUAPCD Resolution No. 11–08–
20, August 18, 2011, adopting specified
portions of SJVUAPCD Rule 4694 as a
revision to the SIP.
[FR Doc. 2012–28826 Filed 11–28–12; 8:45 am]
BILLING CODE 6560–50–P
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
PART 52—[AMENDED]
40 CFR Part 52
1. The authority citation for Part 52
continues to read as follows:
[EPA–R04–OAR–2010–0935, FRL–9755–8]
■
Approval and Promulgation of Air
Quality Implementation Plans; State of
Florida; Regional Haze State
Implementation Plan
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
2. Section 52.220 is amended by
adding paragraph (c)(416) to read as
follows:
AGENCY:
§ 52.220
SUMMARY:
■
Identification of plan.
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*
*
*
*
*
(c) * * *
(416) Specified portions of the
following rule were submitted on
November 18, 2011 by the Governor’s
designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) The following specified portions of
SJVUAPCD Rule 4694, Wine
Fermentation and Storage Tanks,
adopted December 15, 2005:
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The EPA is finalizing a full
approval of the Best Available Retrofit
Technology (BART) determinations
addressed in the Agency’s May 25,
2012, proposed rulemaking action on a
regional haze state implementation plan
(SIP) submitted by the State of Florida,
through the Florida Department of
Environmental Protection (FDEP). These
BART determinations were submitted to
the EPA in a draft regional haze SIP on
April 13, 2012, for parallel processing,
and re-submitted in final form on
September 17, 2012. Specifically, the
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portion of Florida’s September 17, 2012,
regional haze SIP that is being acted
upon in this final action addresses some
of the requirements of the Clean Air Act
(CAA or Act) and the EPA’s rules that
require states to prevent any future and
remedy any existing anthropogenic
impairment of visibility in mandatory
Class I areas (national parks and
wilderness areas) caused by emissions
of air pollutants from numerous sources
located over a wide geographic area
(also referred to as the ‘‘regional haze
program’’). States are required to assure
reasonable progress toward the national
goal of achieving natural visibility
conditions in Class I areas. The EPA
will take separate action at a later date
to address the remainder of Florida’s
September 17, 2012, regional haze SIP.
DATES: Effective Date: This rule will be
effective December 31, 2012.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0935. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the 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. The EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
for further information. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, 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.
Notarianni may be reached by phone at
(404) 562–9031, or via electronic mail at
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this final
action?
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II. What is the action the EPA is taking?
III. What are the EPA’s responses to
comments received on this action?
IV. What is the effect of this final action?
V. Final Action
VI. Statutory and Executive Order Reviews
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I. What is the background for this final
action?
Regional haze is visibility impairment
that is produced by a multitude of
sources and activities which are located
across a broad geographic area and emit
fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and
soil dust), and their precursors (e.g.,
sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia
(NH3) and volatile organic compounds
(VOC)). Fine particle precursors react in
the atmosphere to form fine particulate
matter (PM2.5) which impairs visibility
by scattering and absorbing light.
Visibility impairment reduces the
clarity, color, and visible distance that
one can see. PM2.5 can also cause
serious health effects and mortality in
humans and contributes to
environmental effects such as acid
deposition and eutrophication.
In section 169A of the 1977
Amendments to the CAA, Congress
created a program for protecting
visibility in the nation’s national parks
and wilderness areas. This section of the
CAA establishes as a national goal the
‘‘prevention of any future, and the
remedying of any existing, impairment
of visibility in mandatory Class I areas
which impairment results from
manmade air pollution.’’ On December
2, 1980, the EPA promulgated
regulations to address visibility
impairment in Class I areas that is
‘‘reasonably attributable’’ to a single
source or small group of sources, i.e.,
‘‘reasonably attributable visibility
impairment.’’ See 45 FR 80084. These
regulations represented the first phase
in addressing visibility impairment. The
EPA deferred action on regional haze
that emanates from a variety of sources
until monitoring, modeling, and
scientific knowledge about the
relationships between pollutants and
visibility impairment were improved.
Congress added section 169B to the
CAA in 1990 to address regional haze
issues. The EPA promulgated a rule to
address regional haze on July 1, 1999
(64 FR 35713), the Regional Haze Rule
(RHR). The RHR revised the existing
visibility regulations to integrate into
the regulation provisions addressing
regional haze impairment and
established a comprehensive visibility
protection program for Class I areas. The
requirements for regional haze, found at
40 CFR 51.308 and 51.309, are included
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in the EPA’s visibility protection
regulations at 40 CFR 51.300–309. The
requirement to submit a regional haze
SIP applies to all 50 states, the District
of Columbia, and the Virgin Islands. 40
CFR 51.308(b) requires states to submit
the first implementation plan
addressing regional haze visibility
impairment no later than December 17,
2007.
On March 19, 2010, and August 31,
2010, FDEP submitted and subsequently
amended a SIP to address regional haze
due to emissions from sources in the
State’s and other states’ Class I areas. On
May 25, 2012, the EPA published an
action proposing a limited approval of
Florida’s regional haze SIP to address
the first implementation period.1 See
77 FR 31240. The EPA’s May 25, 2012,
proposed rulemaking covered Florida’s
March 19, 2010, and August 31, 2010,
regional haze SIP submittals as well as
the State’s April 13, 2012, draft regional
haze SIP that was submitted for parallel
processing, and subsequently resubmitted in final form on September
17, 2012. In a draft regional haze SIP
provided on July 31, 2012, Florida
addressed 18 reasonable progress units
and 11 facilities with BART-eligible
electric generating units (EGUs) subject
to the Clean Air Interstate Rule (CAIR)
(a total of 20 EGUs) that were not
covered by Florida’s April 13, 2012,
draft regional haze SIP.2 It also amended
the SIP to remove Florida’s reliance on
CAIR to satisfy BART and reasonable
progress requirements for the State’s
affected EGUs.
1 In a separate action published on December 30,
2011 (76 FR 88219), the EPA proposed a limited
disapproval of the Florida regional haze SIP, and on
June 7, 2012 (77 FR 33642), the EPA finalized a
limited disapproval of the regional haze SIPs for
several states, but deferred final action on the
Florida regional haze SIP. The EPA will address
this limited disapproval when it completes action
on the remainder of Florida’s September 17, 2012,
regional haze SIP.
2 The facilities addressed in the July 31, 2012,
proposed amendment for reasonable progress are:
City of Gainesville Deerhaven unit 5; Florida Power
& Light (FP&L) Manatee units 1, 2; FP&L Turkey
Point units 1, 2; Gulf Power Company Crist unit 7;
Lakeland Electric C.D. McIntosh unit 3; JEA
Northside/St. Johns River Power Park (SJRPP) units
3, 16, 17; Progress Energy Anclote units 1, 2;
Progress Energy Crystal River units 1, 2, 3, 4; and
Seminole Electric Cooperative units 1, 2. The
facilities addressed in the July 31, 2012, proposed
amendment for BART are: City of Tallahassee—
Arvah B.Hopkins Generating Station (unit 1);
Progress Energy Anclote Power Plant (units 1, 2);
Progress Energy Crystal River Power Plant (units 1,
2); FP&L Manatee Power Plant (units 1, 2); FP&L
Martin Power Plant (units 1, 2); FP&L Turkey Point
Power Plant (units 1, 2); Gulf Power Company Crist
Electric Generating Plant (units 6, 7); Gulf Power
Company Lansing Smith Plant (units 1, 2); JEA
Northside SJRPP (unit 3); Lakeland Electric C.D.
McIntosh, Jr. Power Plant (units 1, 2); and Reliant
Energy Indian River (units 2, 3).
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Florida’s September 17, 2012, final
regional haze SIP consolidated its draft
April 13, 2012, and July 31, 2012,
regional haze SIP submittals into a
single package. The EPA has not yet
proposed action on Florida’s July 31,
2012, draft regional haze SIP as
finalized on September 17, 2012.
Because of the interdependence
between the various elements of
Florida’s regional haze SIP, the EPA has
elected to: (1) Take final action on the
BART determinations addressed in the
May 25, 2012, proposed action; and (2)
defer final action on the remaining
elements of the SIP addressed in the
Agency’s May 25, 2012, proposed action
until it has taken action on the BART
and reasonable progress determinations
for the facilities included in Florida’s
draft July 31, 2012, regional haze SIP.
As such, today’s final action fully
approves all of the BART
determinations addressed in the EPA’s
May 25, 2012, proposed action. The
EPA will propose action on the
remaining facilities addressed in
Florida’s July 31, 2012, draft regional
haze SIP (as finalized in the September
17, 2012, final regional haze SIP) and
take final action on the entire remaining
elements of Florida’s regional haze plan
in actions subsequent to today’s final
rulemaking.
II. What is the action the EPA is taking?
The EPA is finalizing a full approval
of the BART determinations addressed
in the Agency’s May 25, 2012, proposed
rulemaking action on a draft regional
haze SIP submitted by the State of
Florida on April 13, 2012, to the EPA for
parallel processing. Florida re-submitted
this draft regional haze SIP in final form
on September 17, 2012.3
Specifically, the BART
determinations addressed by this action
are: Tampa Electric Company—Big
Bend Station (Units 1, 2, 3); City of
Tallahassee—Purdom Generating
Station (Unit 7); FP&L—Port Everglades
Power Plant (Units 3, 4); CEMEX; White
Springs Agricultural Chemical—SR/SC
Complex; City of Gainesville—
Deerhaven Generating Station (Unit 3);
City of Vero Beach—City of Vero Beach
Municipal Utilities (Units 2, 3, 4);
FP&L—Putnam Power Plant (Units 3, 4,
5, 6, 7, 8, 9, 10); Lake Worth Utilities—
Tom G. Smith (Units 6, 9); City of
Tallahassee—Arvah B. Hopkins
3 The EPA proposed approval of FDEP’s April 13,
2012, draft regional haze SIP contingent upon
Florida providing the EPA a final regional haze SIP
that was not changed significantly from the April
13, 2012, draft regional haze SIP. Florida provided
its final regional haze SIP on September 17, 2012.
There were no substantive changes made to the
final submittal for these facilities.
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Generating Station (Unit 4); FP&L—
Riviera Power Plant (Unit 4); Florida
Power Corp.—Bartow Plant (Unit 3);
Lakeland Electric—Charles Larsen
Memorial Power Plant (Unit 4); Ft.
Pierce Utilities Authority—H D King
Power Plant (Units 7, 8); FP&L—Cape
Canaveral Power Plant (Units 1, 2);
Atlantic Sugar Association—Atlantic
Sugar Mill; Buckeye Florida—Perry;
ExxonMobil Production—St. Regis
Treating Facility and Jay Gas Plant; IFF
Chemical Holdings, Inc.; IMC
Phosphates Company—South Pierce;
International Paper Company—
Pensacola Mill; Mosaic—Bartow;
Mosaic—Green Bay Plant; Osceola
Farms; Sugar Cane Growers Co-Op; U.S.
Sugar Corp.—Clewiston Mill and
Refinery; Solutia Inc., Sterling Fibers,
Inc.; U.S. Sugar Corp.—Bryant Mill; IMC
Phosphates Company—Port Sutton
Terminal; Georgia Pacific-Palatka;
Smurfit-Stone-Fernandina Beach;
Smurfit-Stone–Panama City; MosaicNew Wales; Mosaic-Riverview; and CF
Industries.
On May 25, 2012, the EPA proposed
a limited approval of the March 19,
2010, August 31, 2010, and draft April
13, 2012, regional haze SIP submittals to
implement the regional haze
requirements for Florida on the basis
that these submissions, as a whole,
strengthen the Florida SIP. In today’s
action, the EPA has elected to finalize
approval of only those BART
determinations identified above and to
defer final action on the remaining
elements of the regional haze SIP
addressed in the Agency’s May 25,
2012, proposed action. The EPA will
take final action on those remaining
elements once it has taken action on the
BART and reasonable progress
determinations for the facilities
included in Florida’s July 31, 2012, draft
regional haze SIP as incorporated into
its September 17, 2012, final regional
haze SIP.
The EPA received adverse comments
on its May 25, 2012, proposed action on
Florida’s regional haze SIP. See section
III of this rulemaking for a summary of
the comments received on the EPA’s
May 25, 2012, proposed action that
relate to the BART determinations being
acted upon today and the Agency’s
responses to these comments. Detailed
background information and the EPA’s
rationale for the proposed action is
provided in the EPA’s May 25, 2012,
proposed rulemaking. See 77 FR 31240.
The EPA’s May 25, 2012, proposed
action was contingent upon Florida
providing a final regional haze SIP that
was substantively the same as the draft
proposed for approval by the EPA in the
proposed rulemaking. See 77 FR 31242.
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Florida provided its final regional haze
SIP on September 17, 2012. While there
are minor differences between the
provisions covered by the April 13,
2012, draft regional haze SIP and those
same provisions addressed in the final
September 17, 2012, regional haze SIP,
the EPA has determined that these
differences do not warrant re-proposal
of this action.
III. What are the EPA’s responses to
comments received on this action?
The EPA received two sets of
comments on its May 25, 2012,
proposed rulemaking on Florida’s
regional haze SIP described above.
Specifically, the comments were
received from the Sierra Club and
National Parks Conservation
Association (collectively) and from the
Florida Electric Power Coordinating
Group Environment Committee. Full
sets of the comments provided by all of
the aforementioned entities (hereinafter
referred to as ‘‘the Commenter’’) are
provided in the docket for today’s final
action. A summary of the comment that
relates to the approvability of the BART
determinations subject to today’s final
action and the EPA’s response is
provided below. The remaining
comments will be addressed in a
subsequent final action on the
remaining elements of Florida’s regional
haze SIP.
Comment 1: The Commenter believes
that the EPA must clarify its proposed
decisions on Florida’s BART
determinations. The Commenter notes
that the proposal ‘‘includes BART
proposals for the five sources listed in
Table 8 as ‘Facilities With Unit(s) With
a Complete BART Analysis,’ ’’ but it
does not believe that the EPA clearly
states that it is proposing to approve or
disapprove the State’s BART disposition
for each of these sources. If the EPA is
approving them, the Commenter states
that it must include them as part of the
enforceable conditions of the regional
haze SIP.
Response 1: The EPA specifically
addressed each of the proposed BART
determinations for the five sources
identified by the Commenter in five
subsections under the portion of the
notice addressing BART (section V.C.6),
and in a subsection entitled ‘‘EPA
Assessment’’ (section V.C.6.vi), stated
that ‘‘EPA proposes to agree with
Florida’s analyses and conclusions for
the five BART-subject sources described
above. The EPA has reviewed the State’s
analyses and believes that they were
conducted in a manner that is consistent
with the EPA’s BART Guidelines and
the EPA’s Air Pollution Control Cost
Manual (https://www.epa.gov/ttncatc1/
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products.html#cccinfo).’’ This is a clear
statement of the EPA’s intent to approve
these BART determinations. Regarding
the emissions limits and conditions for
these five BART determinations that
were adopted by Florida and have been
incorporated into the facilities’ federally
enforceable title V operating permits,
the EPA has incorporated these limits
and conditions into the SIP in 40 CFR
52.520 as part of this final action.
IV. What is the effect of this final
action?
The EPA is finalizing a full approval
of the BART determinations addressed
in the Agency’s May 25, 2012, proposed
rulemaking action on a draft regional
haze SIP submitted by the State of
Florida on April 13, 2012, to the EPA for
parallel processing. Florida submitted
this draft regional haze SIP in final form
on September 17, 2012. The EPA is
taking this approach because these
BART determinations meet the regional
haze requirements of the CAA and RHR
and because Florida’s SIP will be
stronger and more protective of the
environment with the implementation
of these measures. The EPA has elected
to defer final action on the remaining
elements of the regional haze SIP
addressed in the Agency’s May 25,
2012, proposed action because of the
interdependence between the various
elements of Florida’s regional haze SIP.
The EPA will take final action on the
remaining elements once it has taken
action on the BART and reasonable
progress determinations for the facilities
included in Florida’s July 31, 2012, draft
regional haze SIP, as incorporated into
its September 17, 2012, final regional
haze SIP. As mentioned above, Florida’s
September 17, 2012, regional haze SIP
addresses 18 reasonable progress units
and 11 facilities with BART-eligible
EGUs subject to CAIR (a total of 20
EGUs) that were not covered by
Florida’s April 13, 2012, draft regional
haze SIP. The EPA will also take action
at a later date to address the Agency’s
December 30, 2011, proposed limited
disapproval of the Florida regional haze
plan.
V. Final Action
The EPA is finalizing a full approval
of the BART determinations addressed
in the Agency’s May 25, 2012, proposed
rulemaking action on a draft regional
haze SIP submitted by the State of
Florida on April 13, 2012, to the EPA for
parallel processing. Florida re-submitted
this regional haze SIP in final form on
September 17, 2012. Specifically, this
action addresses only the
aforementioned BART determinations
included in the draft regional haze SIP
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submitted to the EPA for parallel
processing on April 13, 2012 (as resubmitted in final form on September
17, 2012), as meeting some of the
applicable regional haze requirements
as set forth in sections 169A and 169B
of the CAA and in 40 CFR 51.300–308.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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 the 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 the 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. The 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 January 28, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 15, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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(e) is amended by
adding a new entry for ‘‘Portion of
Regional Haze Plan Amendment
submitted on September 17, 2012’’ at
the end of the table to read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
Provision
State effective date
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*
*
*
Portion of Regional Haze Plan September 17, 2012 ..............
Amendment submitted on
September 17, 2012.
EPA approval
date
*
11–29–12
Federal Register notice
*
[Insert citation of publication]
[FR Doc. 2012–28824 Filed 11–28–12; 8:45 am]
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Explanation
*
*
Only the BART determinations approved in [Insert citation of publication] are incorporated.
Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0797; FRL–9755–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Allegheny County
Incorporation by Reference of
Pennsylvania’s Consumer Products
Regulations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the
Pennsylvania State Implementation Plan
(SIP) submitted by the Pennsylvania
Department of Environmental Protection
(PADEP). The SIP revision adds Section
2105.88—Consumer Products from
Allegheny County Health Department
(ACHD) Rules and Regulations, Article
XXI, Air Pollution Control to
incorporate by reference 25 Pa. Code
sections 130.201–130.471 (Consumer
Products) of the PADEP Air Pollution
Control Act. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on January
28, 2013 without further notice, unless
EPA receives adverse written comment
by December 31, 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 Number EPA–
R03–OAR–2012–0797 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: mastro.donna@epa.gov.
C. Mail: EPA–R03–OAR–2012–0797,
Donna Mastro, Acting Associate
Director, Office of Air Program
Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0797. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
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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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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.
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 during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Allegheny County
Health Department, Bureau of
Environmental Quality, Division of Air
Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2012, PADEP submitted
to EPA a revision to the Allegheny
County portion of the Pennsylvania SIP.
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The SIP revision seeks to add Section
2105.88—Consumer Products from
ACHD’s Rules and Regulations, Article
XXI, Air Pollution Control to
incorporate by reference 25 Pa. Code
sections 130.201–130.471 (Consumer
Products) of PADEP’s Air Pollution
Control Act. This regulation controls the
volatile organic compound (VOC)
content of consumer products for sale in
the Commonwealth of Pennsylvania in
order to reduce VOC levels.
On December 8, 2004 (69 FR 70895),
EPA approved into the Pennsylvania
SIP 25 Pa. Code Chapter 130,
Subchapter B, that included VOC
content limits for consumer products.
On October 18, 2010 (75 FR 63717), EPA
approved a revision to the Pennsylvania
SIP that amended 25 Pa. Code Chapter
130, Subchapter B in order to add and
revise VOC content limits of consumer
products. In addition, the approved SIP
revision added and amended definitions
in order to provide clarity. ACHD is
incorporating by reference the same
provisions in 25 Pa. Code sections
130.201–130.471 in order to regulate
consumer products in Allegheny
County. Further details of the
Commonwealth of Pennsylvania’s
regulation for consumer products can be
found in Docket ID No. EPA–R03–OAR–
2010–0319 at www.regulations.gov.
II. Summary of SIP Revision
The Pennsylvania SIP revision adds
section 2105.88 from ACHD Rules and
Regulations, Article XXI, Air Pollution
Control to incorporate by reference
Pennsylvania’s regulation for consumer
products promulgated under the Air
Pollution Control Act at 25 Pa. Code
sections 130.201–130.471. The
incorporation by reference provides that
section 2105.88 shall be applied
consistent with the provisions of
Pennsylvania’s regulation for consumer
products. Any additions, revisions, or
deletions to the consumer products
regulation by Pennsylvania shall be
incorporated into section 2105.88 and
are effective on the date established by
Pennsylvania regulations. The addition
of section 2105.88 to ACHD Rules and
Regulations provides ACHD the
authority to request information on VOC
levels in consumer products that are
listed in 25 Pa. Code sections 130.201–
130.471 for sale in Allegheny County to
ensure that products do not exceed
accepted VOC levels, establishes that all
information on consumer products
sought under section 2105.88 shall be
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]]>Agencies
[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Rules and Regulations]
[Pages 71111-71115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28824]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2010-0935, FRL-9755-8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Florida; Regional Haze State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is finalizing a full approval of the Best Available
Retrofit Technology (BART) determinations addressed in the Agency's May
25, 2012, proposed rulemaking action on a regional haze state
implementation plan (SIP) submitted by the State of Florida, through
the Florida Department of Environmental Protection (FDEP). These BART
determinations were submitted to the EPA in a draft regional haze SIP
on April 13, 2012, for parallel processing, and re-submitted in final
form on September 17, 2012. Specifically, the portion of Florida's
September 17, 2012, regional haze SIP that is being acted upon in this
final action addresses some of the requirements of the Clean Air Act
(CAA or Act) and the EPA's rules that require states to prevent any
future and remedy any existing anthropogenic impairment of visibility
in mandatory Class I areas (national parks and wilderness areas) caused
by emissions of air pollutants from numerous sources located over a
wide geographic area (also referred to as the ``regional haze
program''). States are required to assure reasonable progress toward
the national goal of achieving natural visibility conditions in Class I
areas. The EPA will take separate action at a later date to address the
remainder of Florida's September 17, 2012, regional haze SIP.
DATES: Effective Date: This rule will be effective December 31, 2012.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R04-OAR-2010-0935. All documents in the
docket are listed on the www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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. The EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section for
further information. The Regional Office's official hours of business
are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, 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. Notarianni may be
reached by phone at (404) 562-9031, or via electronic mail at
notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this final action?
[[Page 71112]]
II. What is the action the EPA is taking?
III. What are the EPA's responses to comments received on this
action?
IV. What is the effect of this final action?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for this final action?
Regional haze is visibility impairment that is produced by a
multitude of sources and activities which are located across a broad
geographic area and emit fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and soil dust), and their precursors
(e.g., sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia (NH3) and
volatile organic compounds (VOC)). Fine particle precursors react in
the atmosphere to form fine particulate matter (PM2.5) which
impairs visibility by scattering and absorbing light. Visibility
impairment reduces the clarity, color, and visible distance that one
can see. PM2.5 can also cause serious health effects and
mortality in humans and contributes to environmental effects such as
acid deposition and eutrophication.
In section 169A of the 1977 Amendments to the CAA, Congress created
a program for protecting visibility in the nation's national parks and
wilderness areas. This section of the CAA establishes as a national
goal the ``prevention of any future, and the remedying of any existing,
impairment of visibility in mandatory Class I areas which impairment
results from manmade air pollution.'' On December 2, 1980, the EPA
promulgated regulations to address visibility impairment in Class I
areas that is ``reasonably attributable'' to a single source or small
group of sources, i.e., ``reasonably attributable visibility
impairment.'' See 45 FR 80084. These regulations represented the first
phase in addressing visibility impairment. The EPA deferred action on
regional haze that emanates from a variety of sources until monitoring,
modeling, and scientific knowledge about the relationships between
pollutants and visibility impairment were improved.
Congress added section 169B to the CAA in 1990 to address regional
haze issues. The EPA promulgated a rule to address regional haze on
July 1, 1999 (64 FR 35713), the Regional Haze Rule (RHR). The RHR
revised the existing visibility regulations to integrate into the
regulation provisions addressing regional haze impairment and
established a comprehensive visibility protection program for Class I
areas. The requirements for regional haze, found at 40 CFR 51.308 and
51.309, are included in the EPA's visibility protection regulations at
40 CFR 51.300-309. The requirement to submit a regional haze SIP
applies to all 50 states, the District of Columbia, and the Virgin
Islands. 40 CFR 51.308(b) requires states to submit the first
implementation plan addressing regional haze visibility impairment no
later than December 17, 2007.
On March 19, 2010, and August 31, 2010, FDEP submitted and
subsequently amended a SIP to address regional haze due to emissions
from sources in the State's and other states' Class I areas. On May 25,
2012, the EPA published an action proposing a limited approval of
Florida's regional haze SIP to address the first implementation
period.\1\ See 77 FR 31240. The EPA's May 25, 2012, proposed rulemaking
covered Florida's March 19, 2010, and August 31, 2010, regional haze
SIP submittals as well as the State's April 13, 2012, draft regional
haze SIP that was submitted for parallel processing, and subsequently
re-submitted in final form on September 17, 2012. In a draft regional
haze SIP provided on July 31, 2012, Florida addressed 18 reasonable
progress units and 11 facilities with BART-eligible electric generating
units (EGUs) subject to the Clean Air Interstate Rule (CAIR) (a total
of 20 EGUs) that were not covered by Florida's April 13, 2012, draft
regional haze SIP.\2\ It also amended the SIP to remove Florida's
reliance on CAIR to satisfy BART and reasonable progress requirements
for the State's affected EGUs.
---------------------------------------------------------------------------
\1\ In a separate action published on December 30, 2011 (76 FR
88219), the EPA proposed a limited disapproval of the Florida
regional haze SIP, and on June 7, 2012 (77 FR 33642), the EPA
finalized a limited disapproval of the regional haze SIPs for
several states, but deferred final action on the Florida regional
haze SIP. The EPA will address this limited disapproval when it
completes action on the remainder of Florida's September 17, 2012,
regional haze SIP.
\2\ The facilities addressed in the July 31, 2012, proposed
amendment for reasonable progress are: City of Gainesville Deerhaven
unit 5; Florida Power & Light (FP&L) Manatee units 1, 2; FP&L Turkey
Point units 1, 2; Gulf Power Company Crist unit 7; Lakeland Electric
C.D. McIntosh unit 3; JEA Northside/St. Johns River Power Park
(SJRPP) units 3, 16, 17; Progress Energy Anclote units 1, 2;
Progress Energy Crystal River units 1, 2, 3, 4; and Seminole
Electric Cooperative units 1, 2. The facilities addressed in the
July 31, 2012, proposed amendment for BART are: City of
Tallahassee--Arvah B.Hopkins Generating Station (unit 1); Progress
Energy Anclote Power Plant (units 1, 2); Progress Energy Crystal
River Power Plant (units 1, 2); FP&L Manatee Power Plant (units 1,
2); FP&L Martin Power Plant (units 1, 2); FP&L Turkey Point Power
Plant (units 1, 2); Gulf Power Company Crist Electric Generating
Plant (units 6, 7); Gulf Power Company Lansing Smith Plant (units 1,
2); JEA Northside SJRPP (unit 3); Lakeland Electric C.D. McIntosh,
Jr. Power Plant (units 1, 2); and Reliant Energy Indian River (units
2, 3).
---------------------------------------------------------------------------
Florida's September 17, 2012, final regional haze SIP consolidated
its draft April 13, 2012, and July 31, 2012, regional haze SIP
submittals into a single package. The EPA has not yet proposed action
on Florida's July 31, 2012, draft regional haze SIP as finalized on
September 17, 2012. Because of the interdependence between the various
elements of Florida's regional haze SIP, the EPA has elected to: (1)
Take final action on the BART determinations addressed in the May 25,
2012, proposed action; and (2) defer final action on the remaining
elements of the SIP addressed in the Agency's May 25, 2012, proposed
action until it has taken action on the BART and reasonable progress
determinations for the facilities included in Florida's draft July 31,
2012, regional haze SIP. As such, today's final action fully approves
all of the BART determinations addressed in the EPA's May 25, 2012,
proposed action. The EPA will propose action on the remaining
facilities addressed in Florida's July 31, 2012, draft regional haze
SIP (as finalized in the September 17, 2012, final regional haze SIP)
and take final action on the entire remaining elements of Florida's
regional haze plan in actions subsequent to today's final rulemaking.
II. What is the action the EPA is taking?
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida re-submitted this
draft regional haze SIP in final form on September 17, 2012.\3\
---------------------------------------------------------------------------
\3\ The EPA proposed approval of FDEP's April 13, 2012, draft
regional haze SIP contingent upon Florida providing the EPA a final
regional haze SIP that was not changed significantly from the April
13, 2012, draft regional haze SIP. Florida provided its final
regional haze SIP on September 17, 2012. There were no substantive
changes made to the final submittal for these facilities.
---------------------------------------------------------------------------
Specifically, the BART determinations addressed by this action are:
Tampa Electric Company--Big Bend Station (Units 1, 2, 3); City of
Tallahassee--Purdom Generating Station (Unit 7); FP&L--Port Everglades
Power Plant (Units 3, 4); CEMEX; White Springs Agricultural Chemical--
SR/SC Complex; City of Gainesville--Deerhaven Generating Station (Unit
3); City of Vero Beach--City of Vero Beach Municipal Utilities (Units
2, 3, 4); FP&L--Putnam Power Plant (Units 3, 4, 5, 6, 7, 8, 9, 10);
Lake Worth Utilities--Tom G. Smith (Units 6, 9); City of Tallahassee--
Arvah B. Hopkins
[[Page 71113]]
Generating Station (Unit 4); FP&L--Riviera Power Plant (Unit 4);
Florida Power Corp.--Bartow Plant (Unit 3); Lakeland Electric--Charles
Larsen Memorial Power Plant (Unit 4); Ft. Pierce Utilities Authority--H
D King Power Plant (Units 7, 8); FP&L--Cape Canaveral Power Plant
(Units 1, 2); Atlantic Sugar Association--Atlantic Sugar Mill; Buckeye
Florida--Perry; ExxonMobil Production--St. Regis Treating Facility and
Jay Gas Plant; IFF Chemical Holdings, Inc.; IMC Phosphates Company--
South Pierce; International Paper Company--Pensacola Mill; Mosaic--
Bartow; Mosaic--Green Bay Plant; Osceola Farms; Sugar Cane Growers Co-
Op; U.S. Sugar Corp.--Clewiston Mill and Refinery; Solutia Inc.,
Sterling Fibers, Inc.; U.S. Sugar Corp.--Bryant Mill; IMC Phosphates
Company--Port Sutton Terminal; Georgia Pacific-Palatka; Smurfit-Stone-
Fernandina Beach; Smurfit-Stone-Panama City; Mosaic-New Wales; Mosaic-
Riverview; and CF Industries.
On May 25, 2012, the EPA proposed a limited approval of the March
19, 2010, August 31, 2010, and draft April 13, 2012, regional haze SIP
submittals to implement the regional haze requirements for Florida on
the basis that these submissions, as a whole, strengthen the Florida
SIP. In today's action, the EPA has elected to finalize approval of
only those BART determinations identified above and to defer final
action on the remaining elements of the regional haze SIP addressed in
the Agency's May 25, 2012, proposed action. The EPA will take final
action on those remaining elements once it has taken action on the BART
and reasonable progress determinations for the facilities included in
Florida's July 31, 2012, draft regional haze SIP as incorporated into
its September 17, 2012, final regional haze SIP.
The EPA received adverse comments on its May 25, 2012, proposed
action on Florida's regional haze SIP. See section III of this
rulemaking for a summary of the comments received on the EPA's May 25,
2012, proposed action that relate to the BART determinations being
acted upon today and the Agency's responses to these comments. Detailed
background information and the EPA's rationale for the proposed action
is provided in the EPA's May 25, 2012, proposed rulemaking. See 77 FR
31240.
The EPA's May 25, 2012, proposed action was contingent upon Florida
providing a final regional haze SIP that was substantively the same as
the draft proposed for approval by the EPA in the proposed rulemaking.
See 77 FR 31242. Florida provided its final regional haze SIP on
September 17, 2012. While there are minor differences between the
provisions covered by the April 13, 2012, draft regional haze SIP and
those same provisions addressed in the final September 17, 2012,
regional haze SIP, the EPA has determined that these differences do not
warrant re-proposal of this action.
III. What are the EPA's responses to comments received on this action?
The EPA received two sets of comments on its May 25, 2012, proposed
rulemaking on Florida's regional haze SIP described above.
Specifically, the comments were received from the Sierra Club and
National Parks Conservation Association (collectively) and from the
Florida Electric Power Coordinating Group Environment Committee. Full
sets of the comments provided by all of the aforementioned entities
(hereinafter referred to as ``the Commenter'') are provided in the
docket for today's final action. A summary of the comment that relates
to the approvability of the BART determinations subject to today's
final action and the EPA's response is provided below. The remaining
comments will be addressed in a subsequent final action on the
remaining elements of Florida's regional haze SIP.
Comment 1: The Commenter believes that the EPA must clarify its
proposed decisions on Florida's BART determinations. The Commenter
notes that the proposal ``includes BART proposals for the five sources
listed in Table 8 as `Facilities With Unit(s) With a Complete BART
Analysis,' '' but it does not believe that the EPA clearly states that
it is proposing to approve or disapprove the State's BART disposition
for each of these sources. If the EPA is approving them, the Commenter
states that it must include them as part of the enforceable conditions
of the regional haze SIP.
Response 1: The EPA specifically addressed each of the proposed
BART determinations for the five sources identified by the Commenter in
five subsections under the portion of the notice addressing BART
(section V.C.6), and in a subsection entitled ``EPA Assessment''
(section V.C.6.vi), stated that ``EPA proposes to agree with Florida's
analyses and conclusions for the five BART-subject sources described
above. The EPA has reviewed the State's analyses and believes that they
were conducted in a manner that is consistent with the EPA's BART
Guidelines and the EPA's Air Pollution Control Cost Manual (https://www.epa.gov/ttncatc1/products.html#cccinfo).'' This is a clear
statement of the EPA's intent to approve these BART determinations.
Regarding the emissions limits and conditions for these five BART
determinations that were adopted by Florida and have been incorporated
into the facilities' federally enforceable title V operating permits,
the EPA has incorporated these limits and conditions into the SIP in 40
CFR 52.520 as part of this final action.
IV. What is the effect of this final action?
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida submitted this draft
regional haze SIP in final form on September 17, 2012. The EPA is
taking this approach because these BART determinations meet the
regional haze requirements of the CAA and RHR and because Florida's SIP
will be stronger and more protective of the environment with the
implementation of these measures. The EPA has elected to defer final
action on the remaining elements of the regional haze SIP addressed in
the Agency's May 25, 2012, proposed action because of the
interdependence between the various elements of Florida's regional haze
SIP. The EPA will take final action on the remaining elements once it
has taken action on the BART and reasonable progress determinations for
the facilities included in Florida's July 31, 2012, draft regional haze
SIP, as incorporated into its September 17, 2012, final regional haze
SIP. As mentioned above, Florida's September 17, 2012, regional haze
SIP addresses 18 reasonable progress units and 11 facilities with BART-
eligible EGUs subject to CAIR (a total of 20 EGUs) that were not
covered by Florida's April 13, 2012, draft regional haze SIP. The EPA
will also take action at a later date to address the Agency's December
30, 2011, proposed limited disapproval of the Florida regional haze
plan.
V. Final Action
The EPA is finalizing a full approval of the BART determinations
addressed in the Agency's May 25, 2012, proposed rulemaking action on a
draft regional haze SIP submitted by the State of Florida on April 13,
2012, to the EPA for parallel processing. Florida re-submitted this
regional haze SIP in final form on September 17, 2012. Specifically,
this action addresses only the aforementioned BART determinations
included in the draft regional haze SIP
[[Page 71114]]
submitted to the EPA for parallel processing on April 13, 2012 (as re-
submitted in final form on September 17, 2012), as meeting some of the
applicable regional haze requirements as set forth in sections 169A and
169B of the CAA and in 40 CFR 51.300-308.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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 the 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 the 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. The 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 January 28, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: November 15, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(e) is amended by adding a new entry for ``Portion of
Regional Haze Plan Amendment submitted on September 17, 2012'' at the
end of the table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State effective EPA approval Federal Register
Provision date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Portion of Regional Haze Plan September 17, 2012. 11-29-12 [Insert citation of Only the BART
Amendment submitted on September publication]. determinations
17, 2012. approved in
[Insert citation
of publication]
are incorporated.
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[FR Doc. 2012-28824 Filed 11-28-12; 8:45 am]
BILLING CODE 6560-50-P
