Air Quality Plan; Florida; Infrastructure Requirements for the 2012 PM2.5, 16920-16921 [2017-06885]
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16920
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
[FR Doc. 2017–06896 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0192; FRL–9960–97–
Region 4]
Air Quality Plan; Florida; Infrastructure
Requirements for the 2012 PM2.5
NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of Florida, through the Florida
Department of Environmental Protection
(FDEP), on December 14, 2015, to
demonstrate that the State meets the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’ FDEP
certified that the Florida SIP contains
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented,
enforced, and maintained in Florida.
EPA has determined that portions of
Florida’s SIP satisfy certain required
infrastructure elements for the 2012
Annual PM2.5 NAAQS.
DATES: This rule is effective May 8,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0192. 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 Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:05 Apr 06, 2017
Jkt 241001
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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. See
78 FR 3086 (January 15, 2013). Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIPs meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than
December 14, 2015.1
In a proposed rulemaking published
on August 1, 2016 (81 FR 50416), EPA
proposed to approve portions of
Florida’s December 14, 2015, SIP
1 In these infrastructure SIP submissions states
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2). Florida’s existing SIP
consists largely of Florida Administrative Code
(F.A.C.) rules adopted by FDEP and approved by
EPA through the SIP revision process. However,
there are some F.A.C. state regulations that are not
part of the Florida federally-approved SIP.
Throughout this rulemaking, unless otherwise
indicated, the term ‘‘F.A.C.’’, ‘‘Rule’’, or ‘‘Chapter’’
indicate that the cited regulation has been approved
into Florida’s federally-approved SIP. The term
‘‘Florida Statutes’’ indicates cited Florida state
statutes, which are not a part of the SIP unless
otherwise indicated.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
submission for the 2012 Annual PM2.5
NAAQS. The details of Florida’s
submission and the rationale for EPA’s
actions for this final rule are explained
in the August 1, 2016, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
August 31, 2016. EPA received no
adverse comments.
II. Final Action
EPA is taking final action to approve
Florida’s infrastructure submissions
submitted on December 14, 2015, for the
2012 Annual PM2.5 NAAQS for the
infrastructure SIP requirements, with
the exception of the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2). EPA notes that the
Agency is not approving any specific
rule, but rather approving that Florida’s
already approved SIP meets certain
CAA requirements. With respect to the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) (prongs 1 and
2), EPA will consider these
requirements in relation to Florida’s
2012 Annual PM2.5 NAAQS
infrastructure submission in a separate
rulemaking. EPA is taking final action to
approve all other elements of Florida’s
infrastructure SIP submissions for the
2012 Annual PM2.5 NAAQS because the
submission is consistent with section
110 of the CAA.
III. 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.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
E:\FR\FM\07APR1.SGM
07APR1
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 6, 2017. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
16921
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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
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. In § 52.520, the table in paragraph
(e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2012 Annual PM2.5
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
EPA approval
date
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
*
10/15/2015
*
4/7/2017
[FR Doc. 2017–06885 Filed 4–6–17; 8:45 am]
specific state implementation plan (SIP)
revision in Washington County,
Minnesota, for Saint Paul Park Refining
Co. LLC (Saint Paul Park). This revision
includes changes to the ownership and
facility name, removal of the ability to
burn refinery oil, addition of a new unit,
and updates to the modeling parameters
for the facility. EPA is approving the SIP
revision because it meets Clean Air Act
(CAA) section 110(l) requirements.
Provision
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
nlaroche on DSK30NT082PROD with RULES
[EPA–R05–OAR–2015–0844; FRL–9960–88–
Region 5]
Air Plan Approval; Minnesota; Sulfur
Dioxide Limits for Saint Paul Park
Refining Co. LLC Facility
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a site-
SUMMARY:
VerDate Sep<11>2014
14:50 Apr 06, 2017
Jkt 241001
Federal Register
notice
Explanation
*
[Insert Federal Register citation].
*
*
With
the
exception
of
section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and
2).
This direct final rule will be
effective June 6, 2017, unless EPA
receives adverse comments by May 8,
2017. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
DATES:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0844 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
ADDRESSES:
E:\FR\FM\07APR1.SGM
07APR1
Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16920-16921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06885]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0192; FRL-9960-97-Region 4]
Air Quality Plan; Florida; Infrastructure Requirements for the
2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State Implementation Plan (SIP) submission,
submitted by the State of Florida, through the Florida Department of
Environmental Protection (FDEP), on December 14, 2015, to demonstrate
that the State meets the infrastructure requirements of the Clean Air
Act (CAA or Act) for the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS). The
CAA requires that each state adopt and submit a SIP for the
implementation, maintenance and enforcement of each NAAQS promulgated
by EPA, which is commonly referred to as an ``infrastructure SIP
submission.'' FDEP certified that the Florida SIP contains provisions
that ensure the 2012 Annual PM2.5 NAAQS is implemented,
enforced, and maintained in Florida. EPA has determined that portions
of Florida's SIP satisfy certain required infrastructure elements for
the 2012 Annual PM2.5 NAAQS.
DATES: This rule is effective May 8, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0192. 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 Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. 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 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\. See 78 FR
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions states generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2). Florida's existing SIP consists largely of
Florida Administrative Code (F.A.C.) rules adopted by FDEP and
approved by EPA through the SIP revision process. However, there are
some F.A.C. state regulations that are not part of the Florida
federally-approved SIP. Throughout this rulemaking, unless otherwise
indicated, the term ``F.A.C.'', ``Rule'', or ``Chapter'' indicate
that the cited regulation has been approved into Florida's
federally-approved SIP. The term ``Florida Statutes'' indicates
cited Florida state statutes, which are not a part of the SIP unless
otherwise indicated.
---------------------------------------------------------------------------
In a proposed rulemaking published on August 1, 2016 (81 FR 50416),
EPA proposed to approve portions of Florida's December 14, 2015, SIP
submission for the 2012 Annual PM2.5 NAAQS. The details of
Florida's submission and the rationale for EPA's actions for this final
rule are explained in the August 1, 2016, proposed rulemaking. Comments
on the proposed rulemaking were due on or before August 31, 2016. EPA
received no adverse comments.
II. Final Action
EPA is taking final action to approve Florida's infrastructure
submissions submitted on December 14, 2015, for the 2012 Annual
PM2.5 NAAQS for the infrastructure SIP requirements, with
the exception of the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2). EPA notes that the Agency is not
approving any specific rule, but rather approving that Florida's
already approved SIP meets certain CAA requirements. With respect to
the interstate transport requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA will consider these requirements in relation to
Florida's 2012 Annual PM2.5 NAAQS infrastructure submission
in a separate rulemaking. EPA is taking final action to approve all
other elements of Florida's infrastructure SIP submissions for the 2012
Annual PM2.5 NAAQS because the submission is consistent with
section 110 of the CAA.
III. 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely
[[Page 16921]]
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
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. In Sec. 52.520, the table in paragraph (e) is amended by adding the
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS'' at the end of the table to read as
follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 10/15/2015 4/7/2017 [Insert Federal With the exception of
Requirements for the 2012 Annual Register citation]. section
PM2.5 NAAQS. 110(a)(2)(D)(i)(I)
and (II) (prongs 1
and 2).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-06885 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P