Air Plan Approval; Florida; Permitting Revisions, 37379-37384 [2017-16815]
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Proposed Rules
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
changes to the South Carolina State
Implementation Plan (SIP) to update
new source review regulations. EPA is
proposing to approve portions of SIP
revisions submitted by the State of
South Carolina, through the South
Carolina Department of Health and
Environmental Control on the following
dates: July 18, 2011, April 10, 2014,
August 12, 2015, and January 20, 2016.
These actions are being proposed
pursuant to the Clean Air Act.
DATES: Written comments must be
received on or before September 11,
2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0547 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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 official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, 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. Mr. Akers
can be reached via telephone at (404)
562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
implementation plan revision as a direct
final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
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SUMMARY:
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detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
Dated: July 26, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–16811 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0105; FRL–9965–98–
Region 4]
Air Plan Approval; Florida; Permitting
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of five State Implementation
Plan (SIP) revisions submitted by the
State of Florida, Department of
Environmental Protection (FDEP),
through the Florida Division of Air
Resource Management, on June 23,
1999, July 1, 2011, December 12, 2011,
February 27, 2013, and February 1,
2017. Florida’s SIP revisions recodify,
clarify, and reorganize the State’s nontitle V air permitting and compliance
assurance program regulations
consistent with flexibility provided
under the Clean Air Act (CAA or Act)
and EPA’s rules which address new
source preconstruction permitting. EPA
is proposing to approve Florida’s SIP
revisions on the basis that they are
consistent with the CAA and EPA’s
requirements for permitting air emission
sources.
DATES: Comments must be received on
or before September 11, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0105 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
SUMMARY:
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37379
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 official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, 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.
Notarianni can be reached by phone at
(404) 562–9031 and via electronic mail
at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDEP submitted to EPA for adoption
into the Florida SIP five revisions, three
of which were submitted on June 23,
1999, July 1, 2011, and February 27,
2013, as part of the State’s efforts to
clarify and streamline Florida’s non-title
V air permitting and compliance
assurance program and to address EPA’s
minor source preconstruction
requirements under 40 CFR 51.160–
51.164.1 In addition, on December 12,
2011, FDEP submitted a SIP revision to
add a definition of ‘‘North American
Industry Classification System,’’ or
‘‘NAICS,’’ to the Florida SIP.2 On
February 1, 2017, FDEP submitted a SIP
revision to address requirements for
emissions monitoring at stationary
sources. The 1999 SIP submission
includes amendments to 16 rule
sections in the Florida Administrative
Code (F.A.C.) that were adopted by the
State between 1997 and 1999 to clarify
and streamline FDEP’s permitting
1 The June 23, 1999, July 1, 2011, February 27,
2013, and February 1, 2017, Florida SIP
submissions are also referred to as the ‘‘1999 SIP
submission,’’ ‘‘2011 SIP submission,’’ ‘‘2013 SIP
submission,’’ and the ‘‘2017 SIP submission,’’
respectively, in this action.
2 The December 12, 2011, Florida SIP submission
is also referred to as the ‘‘NAICS SIP submission’’
in this action.
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process. The 2011 SIP submission
includes clarifying and corrective
amendments to 11 F.A.C. rule sections
affecting FDEP’s permitting regulations
that were adopted by the State between
1997 and 2010. In its 2013 SIP
submission, FDEP updates the 1999 and
2011 SIP submissions by either
resubmitting or withdrawing 12 of the
16 F.A.C. rule sections originally
included in those submittals, and
providing updated versions of the
remaining four rule sections for
incorporation into the Florida SIP. In
this action, EPA is proposing to act on
the relevant regulations from these five
SIP submissions as summarized in
section III.
II. Overview of Florida’s Rule Revisions
A. June 23, 1999, SIP Revision
In Florida’s June 23, 1999, SIP
revision, FDEP submitted multiple
amendments to four F.A.C. rule
chapters—Chapters 62–210, 62–212, 62–
296, and 62–297—as part of the State’s
work to clarify and streamline Florida’s
non-title V air permitting and
compliance assurance program. The
amendments to these four F.A.C. rule
chapters affecting 16 rule sections were
adopted by Florida between 1997 and
1999. FDEP requested adoption of the
following 16 F.A.C. rule sections: 62–
210.200, 62–210.220,3 62–210.300, 62–
210.350,4 62–210.360, 62–212.400, 62–
296.401,5 62–296.405, 62–296.406, 62–
296.414, 62–296.570, 62–297.310, 62–
297.401, 62–297.440, 62–297.450, 62–
297.520.6
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B. July 1, 2011, SIP Revision
In Florida’s July 1, 2011, SIP revision,
the State submitted amendments to 11
F.A.C. rule sections. Specifically, the
State proposed to clarify, update, and
revise certain requests from its June 23,
1999, SIP revision. The State also
provided corrective and clarifying
amendments to FDEP’s new source
review (NSR) permitting and stationary
source control strategy programs, as
well as to other miscellaneous
provisions. Specifically, FDEP requested
3 EPA is considering action separately on the 62–
210.220, F.A.C., ‘‘Small Business Assistance
Program,’’ provision.
4 In its February 27, 2013, submission, Florida
withdrew the proposed changes to 62–210.300,
F.A.C. and 62–210.350, F.A.C. included in the June
23, 1999, submission.
5 In a supplemental letter dated June 28, 2017,
Florida withdrew Rule 62–296.401, F.A.C., state
effective November 13, 1997, and January 10, 2007,
for proposed adoption into the Florida SIP,
including its resubmissions of Florida’s July 1,
2011, and February 27, 2013, submissions.
6 FDEP included two additional rules in its 1999
SIP submittal, 62–296.417 and 62–210.920, F.A.C.,
for state adoption only.
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adoption of amendments to F.A.C. rule
sections: 62–210.200,7 62–210.220, 62–
212.400,8 62–212.720,9 62–296.100, 62–
296.401,10 62–296.412, 62–296.414, 62–
296.418, 62–296.500, and 62–296.508.
Of these 11 rule sections, FDEP
resubmitted four F.A.C. rule sections
(62–210.200, 62–210.220, 62–296.401,
and 62–296.414) from its June 23, 1999,
submission, and requested amendments
for three of the four rule sections 11 into
the Florida SIP.
Also in this revision, FDEP withdrew
its request for EPA to approve
amendments to six F.A.C. rule sections
submitted in its June 23, 1999, SIP
revision: 62–210.360, 62–212.400, 62–
296.570, 62–297.401, 62–297.440, and
62–297.520. Additionally, FDEP
reiterated its original June 23, 1999,
request to approve four F.A.C. rule
sections, all with state effective dates of
March 2, 1999, from its 1999 SIP
submission: 62–296.405, 62–296.406,
62–297.310, and 62–297.450.
C. December 12, 2011, SIP Revision
In Florida’s December 12, 2011, SIP
revision, the State submitted
amendments to two of its rules—62–
210.200 and 62–212.400, F.A.C.—which
included the addition of one new
definition, ‘‘North American Industry
Classification System,’’ or ‘‘NAICS,’’ to
rule 62–210.200, F.A.C.12
D. February 27, 2013, SIP Revision
In Florida’s February 27, 2013, SIP
revision, the State submitted
amendments to four F.A.C. rule
sections: 62–210.200, 62–210.300,13 62–
210.310, and 62–210.350.14 Also in its
7 In a supplemental letter dated June 28, 2017,
Florida withdrew five definitions from Rule 62–
210.200, F.A.C., for proposed adoption into the
Florida SIP.
8 EPA approved revisions to Rule 62–212.400,
‘‘Prevention of Significant Deterioration,’’ contained
in the July 1, 2011, submission into Florida’s SIP
on June 15, 2012 (77 FR 35862) and thus, EPA is
not acting on this regulation in this action.
9 EPA is acting on revisions to Rule 62–212.720,
‘‘Actuals Plantwide Applicability Limits (PALs),’’
in a separate action.
10 In a supplemental letter dated June 28, 2017,
Florida withdrew its request for EPA to approve
into the State’s SIP Rule 62–296.401, F.A.C., as
provided in its July 1, 2011, submission.
11 Rules 62–210.200, 62–296.401, and 62–
296.414, F.A.C., were the three Florida rule sections
resubmitted with subsequent amendments.
12 With the exception of the definition, ‘‘North
American Industry Classification System,’’ or
‘‘NAICS,’’ in rule 62–210.200, F.A.C., EPA is taking
no action today on the remaining rule changes in
Florida’s December 12, 2011, SIP submission.
13 EPA is taking no action today on 62–210.300,
F.A.C. ‘‘Permits Required.’’
14 In a supplemental letter dated June 28, 2017,
Florida withdrew its request for EPA to approve the
addition of 62–210.350(1)(c), F.A.C. (effective
February 11, 1999) into the Florida SIP.
Additionally, EPA is taking no action today on 62–
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2013 SIP revision, the State withdrew
its request for approval of earlier
versions of two rules, 62–210.300 and
62–210.350, F.A.C., submitted as part of
its June 23, 1999, SIP revision.
Additionally, FDEP requested removal
of 62–210.920, F.A.C., from the Florida
SIP and affirmed its request in the
State’s 2011 SIP submission to
withdraw submitted amendments to the
following five F.A.C. rule sections: 62–
210.360, 62–296.570, 62–297.401, 62–
297.440, and 62–297.520.
E. February 1, 2017, SIP Revision
In Florida’s February 1, 2017, SIP
revision, the State submitted
amendments to three of its rules to
address requirements for emissions
monitoring at stationary sources—62–
297.310, 62–297.440, and 62–297.450,
F.A.C.—and proposed to remove 62–
297.401, F.A.C. In the submitted
amendments, FDEP made several
clarifications to rule 62–297.310,
F.A.C.15
A description of these collective
changes to each rule section from
Florida’s 1999, 2011, 2013, and 2017
SIP submissions and the State’s NAICS
SIP submission summarized above and
EPA’s analysis of the proposed changes
follows.
III. What is EPA’s analysis of Florida’s
rule revisions?
A. List of Rule Amendments Proposed
for Incorporation Into the Florida SIP
Described below are the Florida rules
and/or subsections of those rules which
EPA is proposing to incorporate into the
Florida SIP.
1. Rule 62–210.200, F.A.C.,
‘‘Definitions’’
In its July 1, 2011, SIP submission,
FDEP requested approval of changes to
15 definitions in Rule 62–210.200,
F.A.C., with a state effective date of
March 11, 2010. EPA will act on the July
1, 2011, SIP submission rule section
changes—which were resubmitted in
the State’s 2013 submission—in a
separate rulemaking. Thus, EPA is not
proposing action on these 15 definitions
contained in the 2011 SIP submission
and also resubmitted in the 2013 SIP
submission today.
In its December 12, 2011, SIP
submission, Florida added a new
definition of ‘‘North American Industry
Classification System,’’ or ‘‘NAICS.’’
210.350(4)(a)2 and 62–210.350(4)(b), F.A.C. in
Florida’s February 27, 2013, SIP submission.
15 With the exception of the revisions pertaining
to 62–297.310, F.A.C., EPA is taking no action today
on the remaining rule changes in Florida’s February
1, 2017, SIP submission.
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EPA proposes to adopt this definition
(state effective on December 4, 2011)
into the Florida SIP as renumbered
effective March 28, 2012, on the basis
that the new definition added is for
administrative purposes to explain
terms included in other Florida rules
that have previously been approved into
the SIP.
In its 2013 submission, Florida
requested approval of changes to Rule
62–210.200, F.A.C., as amended up to
state effective date March 28, 2012, to
include four sets of amendments
adopted by the State between 2005 and
2012.16 These rule changes include:
Renumbering definitions, adding 21
new definitions, revising three existing
definitions, and repealing two
definitions.17 The purpose of adopting
the revised definitions is to improve
clarity, and to support language in other
F.A.C. rule sections. All definitions
originally submitted for approval in its
1999 SIP submission have been
resubmitted in the 2011 and 2013 SIP
submissions. EPA proposes to approve
these revisions into the Florida SIP
because they are administrative and/or
provide non-substantive clarification of
other provisions already approved into
the State’s SIP.
2. Rule 62–210.310, F.A.C., ‘‘Air General
Permits’’
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In its 2013 submission, Florida
requested approval into the SIP changes
to Rule 62–210.310, F.A.C., ‘‘Air
General Permits’’ as amended up to state
effective date June 29, 2011, which
include three sets of amendments
adopted by the State between 2007 and
2011. This rule section, as amended,
provides 17 air general permits, or
‘‘permits-by-rule,’’ by which owners or
operators of air emission sources can
construct and operate their facilities
without going through the individual
permitting process, so long as certain
requirements are satisfied.18 Six of the
air general permits (at subsection 62–
210.310(4), F.A.C.) impose operating
restrictions that allow facilities to avoid
major source permitting. Eleven of the
air general permits (at subsection 62–
210.310(5), F.A.C.) allow certain
facilities to avoid the permitting process
for minor source air construction and
non-title V air operation permits
16 In addition, Florida withdrew its request to
adopt an earlier version of Rule 62–210.200, F.A.C.,
submitted for approval in its 1999 submission.
17 See Florida’s 2013 submission, pp.7–10, for a
list of the 26 definitions and FDEP’s explanation for
the changes.
18 See Florida’s 2013 submission, pp.20–24, for a
list of all air general permits in subsections 62–
210.310(4), F.A.C. and 62–210.310(5), F.A.C.
adopted by Florida as of June 29, 2011.
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because these sources utilize premanufactured equipment and thus, do
not need the preconstruction
engineering review incorporated into
FDEP’s individual source permit
process.
EPA proposes to approve the changes
provided in Florida’s 2013 SIP
submission to Rule 62–210.310, F.A.C.,
with state effective dates of January 10,
2007, October 12, 2008, and June 29,
2011, into Florida’s SIP on the basis that
these changes are intended to further
clarify, organize, and streamline
Florida’s permit regulations. Moreover,
these changes are not inconsistent with
federal law, and will not interfere with
any applicable requirement concerning
attainment of the NAAQS, reasonable
further progress, or any other
requirement of the CAA.
3. Rule 62–210.350, F.A.C., ‘‘Public
Notice and Comment’’
In its 2013 submission, FDEP
requested approval into the SIP of
revisions to Rule 62–210.350, F.A.C.,
‘‘Public Notice and Comment’’ as
amended up to state effective date
October 12, 2008, to incorporate three
sets of amendments adopted by the
State between 1997 and 2008. In the
submission, Florida withdrew its
request to adopt an earlier version of
Rule 62–210.350, F.A.C., which was
included in its 1999 submission.19 Rule
62–210.350, F.A.C., establishes public
notice requirements for both major and
minor source air construction permits,
State air operation permits, federally
enforceable state operation permits, and
title V air operation permits. FDEP
amended this rule section to update
references to FDEP’s administrative
procedures rule at 62–110.106, F.A.C.,
to allow sources to combine public
notice for construction and operation
permits, and clarify that if these public
notices are combined, sources must
comply with the requirements for both
notices, and to make other nonsubstantive clarifying changes.
EPA proposes to approve portions of
the revisions provided in Florida’s 2013
SIP submission to Rule 62–210.350,
F.A.C. (with state effective dates of
November 13, 1997, February 11, 1999,
October 12, 2008) with the exception of
three F.A.C. rule subsections: 62–
210.350(4)(a)2, 62–210.350(4)(b), and
the withdrawn revision at 62–
210.350(1)(c). These changes are
intended to clarify, organize, and
streamline Florida’s permit regulations.
19 In a supplemental letter dated June 28, 2017,
Florida also withdrew from the 1999 and 2013 SIP
submissions the addition of 62–210.350(1)(c) state
effective February 11, 1999. Florida’s June 28, 2017,
letter is included in the docket for this action.
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Moreover, these changes are not
inconsistent with federal law, and will
not interfere with any applicable
requirement concerning attainment of
the NAAQS, reasonable further
progress, or any other requirement of
the CAA.
4. Rule 62–296.100, F.A.C., ‘‘Purpose
and Scope’’
In its July 1, 2011 submission, FDEP
submitted an amendment to Rule 62–
296.100, F.A.C., which was stateeffective October 6, 2008. The
amendment separated the rule language
into four subsections for improved
readability. The amendment also added
language to clarify that a facility or
emissions unit subject to any new
source performance standard or national
emission standard for hazardous air
pollutants adopted by reference at Rule
62–204.800, F.A.C., must also comply
with any emission limitations that may
apply in Chapter 62–296, F.A.C. EPA
proposes to approve these nonsubstantive changes to Rule 62–296.100,
F.A.C., provided in Florida’s 2011 SIP
submission.
5. Rule 62–296.405, F.A.C., ‘‘Fossil Fuel
Steam Generators With More Than 250
Million Btu Per Hour Heat Input’’
In its 1999 SIP submission, FDEP
submitted changes to Rule 62–296.405,
F.A.C., with a state effective date of
March 2, 1999, which clarified the test
method procedure for visible emissions
that must be used in lieu of FDEP’s
Method 9 testing incorporated in
Chapter 62–297, F.A.C. In addition, the
submission clarifies which sources may
use fuel sampling and analysis as an
alternative test method for sulfur
dioxide emissions instead of EPA
Methods 6, 6A, 6B or 6C. The revisions
also provide the procedures to obtain
approval from the State for this
alternative test method. The
amendments also clarify other wording
in a few parts of this rule section. EPA
proposes to approve the changes
provided in Florida’s 1999 SIP
submission to Rule 62–296.405, F.A.C.
on the basis that these changes are
intended to further clarify, organize, and
streamline Florida’s permit regulations.
Moreover, these changes are not
inconsistent with federal law, and will
not interfere with any applicable
requirement concerning attainment of
the NAAQS, reasonable further
progress, or any other requirement of
the CAA.
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6. Rule 62–296.406, F.A.C., ‘‘Fossil Fuel
Steam Generators with Less Than 250
Million Btu per Hour Heat Input, New
and Existing Emissions Units’’
In its 1999 SIP submission, FDEP
submitted revisions to Rule 62–296.406,
F.A.C., with a state effective date of
March 2, 1999, to add language to
clarify that all emissions standards for
new and existing small fossil fuel steam
generators do not apply to units that are
determined to be insignificant under
Florida’s title V regulations at 62–
213.300(2)(a)1., F.A.C., and 62–
213.430(6)(b), F.A.C.20 As relevant here,
a generator is considered insignificant if
two requirements are satisfied: First, the
emissions unit will neither emit nor
have the potential to emit five tons per
year or more of particulate matter or
sulfur dioxide; and second, the
emissions unit will not cause the facility
as a whole to emit nor have the
potential to emit 100 tons per year or
more of either of those pollutants. EPA
proposes to approve the revisions
provided in Florida’s 1999 SIP
submission to Rule 62–296.406, F.A.C.
on the basis that these changes are
intended to further clarify, organize, and
streamline Florida’s permit regulations,
are not inconsistent with federal law,
and will not interfere with any
applicable requirement concerning
attainment of the NAAQS, reasonable
further progress, or any other
requirement of the CAA.
7. Rule 62–296.412, F.A.C., ‘‘Dry
Cleaning Facilities’’
In its 2011 submission, FDEP
submitted amendments to Rule 62–
296.412, F.A.C., ‘‘Dry Cleaning
Facilities,’’ which became state effective
March 11, 2010. The amendments delete
a reference to ozone nonattainment
areas because Florida currently has no
ozone nonattainment areas. Moreover,
without this change, the rule would
immediately apply in newly designated
ozone nonattainment areas, giving
facilities no lead time to achieve
compliance. If an area in Florida is
designated nonattainment for the ozone
national ambient air quality standards
(NAAQS) in the future, Florida would
be required to submit an
implementation plan to attain this
NAAQS, and thus would need to
address sources in the nonattainment
area at that time. Also, the changes
replace an incorrect reference to Chapter
62–275, F.A.C., with the correct rule
reference to 62–204.340, F.A.C. EPA
proposes to approve the changes
provided in Florida’s 2011 SIP
20 EPA approved Florida’s title V permit program
on October 1, 2001. See 66 FR 49837.
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submission to Rule 62–296.412, F.A.C.,
on the basis that these changes are
intended to correct a reference in this
rule, to further clarify, organize, and
streamline Florida’s permit regulations.
Moreover, these changes are not
inconsistent with federal law, and will
not interfere with any applicable
requirement concerning attainment of
the NAAQS, reasonable further
progress, or any other requirement of
the CAA.
8. Rule 62–296.414, F.A.C., ‘‘Concrete
Batching Plants’’
In its 2011 SIP submission, FDEP
submitted two sets of amendments to
Rule 62–296.414, F.A.C., ‘‘Concrete
Batching Plants,’’ with state effective
dates of November 13, 1997, and
January 10, 2007.21 These amendments
clarify portions of this rule section
related to rule applicability and test
method references; specify the
precautions that must be taken to
control unconfined emissions from
concrete batching facilities; identify
conditions under which visible
emissions testing must be conducted;
and, clarify the visible emissions testing
schedule for concrete batching plants
based on whether the unit is operating
under the authority of an air general
permit or a standard air construction or
air operation permit. EPA proposes to
approve the changes provided in
Florida’s 2011 SIP submission to Rule
62–296.414, F.A.C. on the basis that
these changes are intended to further
clarify, organize, and streamline
Florida’s permit regulations. Moreover,
these changes are not inconsistent with
federal law, and will not interfere with
any applicable requirement concerning
attainment of the NAAQS, reasonable
further progress, or any other
requirement of the CAA.
9. Rule 62–296.418, F.A.C., ‘‘Bulk
Gasoline Plants’’
In its 2011 SIP submission, FDEP
submitted amendments to Rule 62–
296.418, F.A.C., ‘‘Bulk Gasoline Plants,’’
which became state effective March 11,
2010. The change deletes a reference to
ozone nonattainment areas because
Florida currently has no ozone
nonattainment areas. Moreover, without
this change, the rule would immediately
apply in newly designated ozone
nonattainment areas, giving facilities no
lead time to achieve compliance. If an
area in Florida is designated
nonattainment for the ozone NAAQS in
21 Florida withdrew its request to act on
amendments to this rule originally submitted in its
1999 submission because the State re-submitted this
rule in its 2011 submission.
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the future, Florida would be required to
submit a plan to attain this NAAQS, and
thus would need to address sources in
the nonattainment area at that time. EPA
proposes to approve the revisions
provided in Florida’s 2011 SIP
submission to Rule 62–296.418, F.A.C.
on the basis that these changes are
intended to further clarify, organize, and
streamline Florida’s permit regulations.
Moreover, these changes are not
inconsistent with federal law, and will
not interfere with any applicable
requirement concerning attainment of
the NAAQS, reasonable further
progress, or any other requirement of
the CAA.
10. Rule 62–296.500, F.A.C.,
‘‘Reasonably Available Control
Technology (RACT)—Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities’’
In its 2011 SIP submission, FDEP
submitted one amendment to Rule 62–
296.500, F.A.C., ‘‘Reasonably Available
Control Technology (RACT)—Volatile
Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Emitting
Facilities,’’ which became state effective
March 11, 2010. The change deletes
reference to ozone nonattainment areas
because Florida currently has no ozone
nonattainment areas. Moreover, without
this change, the rule would immediately
apply in newly designated ozone
nonattainment areas, giving facilities no
lead time to achieve compliance. If an
area in Florida is designated
nonattainment for the ozone NAAQS in
the future, Florida would be required to
submit a plan to attain this NAAQS and
thus would need to address sources in
the nonattainment area at that time.
Also, the amendment clarifies that
references to air quality maintenance
areas mean those areas defined at Rule
62–204.340, F.A.C. EPA proposes to
approve the revisions provided in
Florida’s 2011 SIP submission to Rule
62–296.500, F.A.C.
11. Rule 62–296.508, F.A.C., ‘‘Petroleum
Liquid Storage’’
In its 2011 submission, FDEP
submitted one amendment to Rule 62–
296.508, F.A.C., ‘‘Petroleum Liquid
Storage,’’ which became state effective
October 6, 2008. The change removes an
erroneous reference to EPA Method 21.
EPA proposes to approve the change
provided in Florida’s 2011 SIP
submission to Rule 62–296.508, F.A.C.
12. Rule 62–297.310, F.A.C., ‘‘General
Emissions Test Requirements’’
In its 1999 SIP submission, FDEP
submitted revisions to Rule 62–297.310,
F.A.C., ‘‘General Compliance Test
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Requirements,’’ which became state
effective March 2, 1999. These changes
include minor clarifications to wording
in the rule and identify for which types
of emissions units an annual
compliance test for visible emissions is
not required. In its 2017 SIP submission,
FDEP made further revisions to Rule
62–297.310, F.A.C., (which became state
effective March 9, 2015) and changed
the title to ‘‘General Emissions Test
Requirements.’’ The changes in the 2017
submission include: Modification of the
emissions test procedures; clarification
of the requirements for emissions tests
and terminology used in the regulation;
reduction in the number of annual
emissions tests required for emissions
units that operate infrequently or are
temporarily shut down; and elimination
of obsolete and duplicative language.
The revision also creates an exemption
from annual compliance test
requirements for any unit determined to
be insignificant under Florida’s title V
regulations at 62–213.300(2)(a)1.,
F.A.C., and 62–213.430(6)(b), F.A.C.22
EPA proposes to approve the revisions
provided in Florida’s June 23, 1999, and
February 1, 2017, SIP submissions to
Rule 62–297.310, F.A.C.
13. Rule 62–297.450, F.A.C., ‘‘EPA VOC
Capture Efficiency Test Procedures’’
In its 1999 SIP submission, FDEP
submitted revisions to Rule 62–297.450,
F.A.C., ‘‘EPA VOC Capture Efficiency
Test Procedures,’’ which became state
effective March 2, 1999. These changes
incorporate EPA Method 204 and EPA’s
capture efficiency test procedures. EPA
proposes to approve the changes
provided in Florida’s 1999 SIP
submission to Rule 62–297.450, F.A.C.
on the basis that these changes are
consistent with EPA’s VOC capture
efficiency test procedure guidelines.23
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B. Rule Proposed for Removal From the
Florida SIP
1. Rule 62–210.920, F.A.C., ‘‘Air General
Permit Forms’’
In its 2013 submission, FDEP
requested that Rule 62–210.920, F.A.C.,
‘‘Air General Permit Forms,’’ be
removed from the SIP. This rule section
contained Florida’s air general permit
registration forms, which the State has
replaced with an online registration
system. The State repealed this rule
section with a state effective date of
June 29, 2011. EPA proposes to approve
22 EPA approved Florida’s title V permit program
on October 1, 2001. See 66 FR 49837.
23 EPA document GD–035, ‘‘Guidelines for
Determining Capture Efficiency,’’ dated January 9,
1995, is available at: https://www3.epa.gov/ttn/emc/
guidlnd/gd-035.pdf.
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removal of Rule 62–210.920, F.A.C.,
‘‘Air General Permit Forms’’ from the
Florida SIP because this rule section
imposes no requirements beyond those
requirements already found in Rule 62–
210.310, F.A.C.
IV. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
changes to: Rule 62–210.200, F.A.C.,
‘‘Definitions,’’ effective March 28, 2012;
Rule 62–210.310, F.A.C., ‘‘Air General
Permits,’’ effective June 29, 2011; Rule
62–210.350, F.A.C., ‘‘Public Notice and
Comment,’’ effective October 12, 2008;
Rule 62–296.100, F.A.C., ‘‘Purpose and
Scope,’’ effective October 6, 2008; Rule
62–296.405, F.A.C., ‘‘Fossil Fuel Steam
Generators with More Than 250 Million
Btu Per Hour Heat Input,’’ effective
March 2, 1999; Rule 62–296.406, F.A.C.,
‘‘Fossil Fuel Steam Generators with Less
Than 250 Million Btu per Hour Heat
Input, New and Existing Emissions
Units,’’ effective March 2, 1999; Rule
62–296.412, F.A.C., ‘‘Dry Cleaning
Facilities,’’ effective March 11, 2010;
Rule 62–296.414, F.A.C., ‘‘Concrete
Batching Plants,’’ effective January 10,
2007; Rule 62–296.418, F.A.C., ‘‘Bulk
Gasoline Plants,’’ effective March 11,
2010; Rule 62–296.500, F.A.C.,
‘‘Reasonably Available Control
Technology (RACT)—Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities,’’ effective
March 11, 2010; Rule 62–296.508,
F.A.C., ‘‘Petroleum Liquid Storage,’’
effective October 6, 2008; Rule 62–
297.310, F.A.C., ‘‘General Emissions
Test Requirements,’’ effective March 9,
2015; and Rule 62–297.450, F.A.C.,
‘‘EPA VOC Capture Efficiency Test
Procedures,’’ effective March 2, 1999.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
V. What action is EPA proposing to
take?
EPA is proposing to approve portions
of Florida’s five SIP revisions submitted
by the State on June 23, 1999, July 1,
2011, December 12, 2011, February 27,
2013, and February 1, 2017, as meeting
the applicable requirements of the CAA
and EPA’s requirements for permitting
air emission sources.
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37383
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,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the Act. Accordingly, this proposed
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 proposed 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
mandates 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 Act; 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).
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,
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2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
[FR Doc. 2017–16815 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0079; FRL–9965–81–
Region 4]
Air Plan Approval; Florida; Interstate
Transport (Prongs 1 and 2) for the 2010
1-Hour NO2 Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Florida State
Implementation Plan (SIP), submitted
by the Florida Department of
Environmental Protection (FDEP), on
February 3, 2017, addressing the Clean
Air Act (CAA or Act) interstate transport
(prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) 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, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is proposing to
approve Florida’s February 3, 2017, SIP
submission addressing prongs 1 and 2,
to ensure that air emissions in the State
do not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in any other state.
DATES: Comments must be received on
or before September 11, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
OAR–2017–0079 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
mstockstill on DSK30JT082PROD with PROPOSALS
SUMMARY:
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Once submitted, comments cannot be
edited or removed from Regulations.gov.
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 official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres of 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. Mr.
Febres can be reached by telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require 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
newly established or revised NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs.
Section 110(a)(2) lists specific elements
that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
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depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) and
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
Through this proposed action, EPA is
proposing to approve Florida’s February
3, 2017, SIP submission addressing
prong 1 and prong 2 requirements for
the 2010 1-hour NO2 NAAQS. The other
applicable infrastructure SIP
requirements for Florida for the 2010 1hour NO2 NAAQS have been addressed
in a separate rulemaking or will be
addressed separately. On March 18,
2015, EPA approved the portions of
Florida’s infrastructure SIP regarding
the prevention of significant
deterioration (PSD) permitting
requirements of sections 110(a)(2)(C),
prong 3 of D(i), and (J) for the 2010 1hour NO2 NAAQS. See 80 FR 14019. On
November 23, 2016, EPA approved the
portions of Florida’s infrastructure SIP
regarding sections 110(a)(2)(A), prong 4
of section 110(a)(2)(D)(i), section
110(a)(2)(D)(ii), sections 110(a)(2)(E)–
(H), and sections 110(a)(2)(K)–(M). See
81 FR 84479. The portion of Florida’s
infrastructure SIP related to the ambient
air quality monitoring and data system
requirements of section 110(a)(2)(B) will
be acted on in a separate action. A brief
background regarding the 2010 1-hour
NO2 NAAQS is provided later in this
preamble.
On January 22, 2010, EPA established
a new 1-hour primary NAAQS for NO2
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Agencies
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37379-37384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16815]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0105; FRL-9965-98-Region 4]
Air Plan Approval; Florida; Permitting Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of five State Implementation Plan (SIP) revisions
submitted by the State of Florida, Department of Environmental
Protection (FDEP), through the Florida Division of Air Resource
Management, on June 23, 1999, July 1, 2011, December 12, 2011, February
27, 2013, and February 1, 2017. Florida's SIP revisions recodify,
clarify, and reorganize the State's non-title V air permitting and
compliance assurance program regulations consistent with flexibility
provided under the Clean Air Act (CAA or Act) and EPA's rules which
address new source preconstruction permitting. EPA is proposing to
approve Florida's SIP revisions on the basis that they are consistent
with the CAA and EPA's requirements for permitting air emission
sources.
DATES: Comments must be received on or before September 11, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0105 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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 official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Michele Notarianni, 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. Notarianni can be reached by phone at (404) 562-9031
and via electronic mail at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDEP submitted to EPA for adoption into the Florida SIP five
revisions, three of which were submitted on June 23, 1999, July 1,
2011, and February 27, 2013, as part of the State's efforts to clarify
and streamline Florida's non-title V air permitting and compliance
assurance program and to address EPA's minor source preconstruction
requirements under 40 CFR 51.160-51.164.\1\ In addition, on December
12, 2011, FDEP submitted a SIP revision to add a definition of ``North
American Industry Classification System,'' or ``NAICS,'' to the Florida
SIP.\2\ On February 1, 2017, FDEP submitted a SIP revision to address
requirements for emissions monitoring at stationary sources. The 1999
SIP submission includes amendments to 16 rule sections in the Florida
Administrative Code (F.A.C.) that were adopted by the State between
1997 and 1999 to clarify and streamline FDEP's permitting
[[Page 37380]]
process. The 2011 SIP submission includes clarifying and corrective
amendments to 11 F.A.C. rule sections affecting FDEP's permitting
regulations that were adopted by the State between 1997 and 2010. In
its 2013 SIP submission, FDEP updates the 1999 and 2011 SIP submissions
by either resubmitting or withdrawing 12 of the 16 F.A.C. rule sections
originally included in those submittals, and providing updated versions
of the remaining four rule sections for incorporation into the Florida
SIP. In this action, EPA is proposing to act on the relevant
regulations from these five SIP submissions as summarized in section
III.
---------------------------------------------------------------------------
\1\ The June 23, 1999, July 1, 2011, February 27, 2013, and
February 1, 2017, Florida SIP submissions are also referred to as
the ``1999 SIP submission,'' ``2011 SIP submission,'' ``2013 SIP
submission,'' and the ``2017 SIP submission,'' respectively, in this
action.
\2\ The December 12, 2011, Florida SIP submission is also
referred to as the ``NAICS SIP submission'' in this action.
---------------------------------------------------------------------------
II. Overview of Florida's Rule Revisions
A. June 23, 1999, SIP Revision
In Florida's June 23, 1999, SIP revision, FDEP submitted multiple
amendments to four F.A.C. rule chapters--Chapters 62-210, 62-212, 62-
296, and 62-297--as part of the State's work to clarify and streamline
Florida's non-title V air permitting and compliance assurance program.
The amendments to these four F.A.C. rule chapters affecting 16 rule
sections were adopted by Florida between 1997 and 1999. FDEP requested
adoption of the following 16 F.A.C. rule sections: 62-210.200, 62-
210.220,\3\ 62-210.300, 62-210.350,\4\ 62-210.360, 62-212.400, 62-
296.401,\5\ 62-296.405, 62-296.406, 62-296.414, 62-296.570, 62-297.310,
62-297.401, 62-297.440, 62-297.450, 62-297.520.\6\
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\3\ EPA is considering action separately on the 62-210.220,
F.A.C., ``Small Business Assistance Program,'' provision.
\4\ In its February 27, 2013, submission, Florida withdrew the
proposed changes to 62-210.300, F.A.C. and 62-210.350, F.A.C.
included in the June 23, 1999, submission.
\5\ In a supplemental letter dated June 28, 2017, Florida
withdrew Rule 62-296.401, F.A.C., state effective November 13, 1997,
and January 10, 2007, for proposed adoption into the Florida SIP,
including its resubmissions of Florida's July 1, 2011, and February
27, 2013, submissions.
\6\ FDEP included two additional rules in its 1999 SIP
submittal, 62-296.417 and 62-210.920, F.A.C., for state adoption
only.
---------------------------------------------------------------------------
B. July 1, 2011, SIP Revision
In Florida's July 1, 2011, SIP revision, the State submitted
amendments to 11 F.A.C. rule sections. Specifically, the State proposed
to clarify, update, and revise certain requests from its June 23, 1999,
SIP revision. The State also provided corrective and clarifying
amendments to FDEP's new source review (NSR) permitting and stationary
source control strategy programs, as well as to other miscellaneous
provisions. Specifically, FDEP requested adoption of amendments to
F.A.C. rule sections: 62-210.200,\7\ 62-210.220, 62-212.400,\8\ 62-
212.720,\9\ 62-296.100, 62-296.401,\10\ 62-296.412, 62-296.414, 62-
296.418, 62-296.500, and 62-296.508. Of these 11 rule sections, FDEP
resubmitted four F.A.C. rule sections (62-210.200, 62-210.220, 62-
296.401, and 62-296.414) from its June 23, 1999, submission, and
requested amendments for three of the four rule sections \11\ into the
Florida SIP.
---------------------------------------------------------------------------
\7\ In a supplemental letter dated June 28, 2017, Florida
withdrew five definitions from Rule 62-210.200, F.A.C., for proposed
adoption into the Florida SIP.
\8\ EPA approved revisions to Rule 62-212.400, ``Prevention of
Significant Deterioration,'' contained in the July 1, 2011,
submission into Florida's SIP on June 15, 2012 (77 FR 35862) and
thus, EPA is not acting on this regulation in this action.
\9\ EPA is acting on revisions to Rule 62-212.720, ``Actuals
Plantwide Applicability Limits (PALs),'' in a separate action.
\10\ In a supplemental letter dated June 28, 2017, Florida
withdrew its request for EPA to approve into the State's SIP Rule
62-296.401, F.A.C., as provided in its July 1, 2011, submission.
\11\ Rules 62-210.200, 62-296.401, and 62-296.414, F.A.C., were
the three Florida rule sections resubmitted with subsequent
amendments.
---------------------------------------------------------------------------
Also in this revision, FDEP withdrew its request for EPA to approve
amendments to six F.A.C. rule sections submitted in its June 23, 1999,
SIP revision: 62-210.360, 62-212.400, 62-296.570, 62-297.401, 62-
297.440, and 62-297.520. Additionally, FDEP reiterated its original
June 23, 1999, request to approve four F.A.C. rule sections, all with
state effective dates of March 2, 1999, from its 1999 SIP submission:
62-296.405, 62-296.406, 62-297.310, and 62-297.450.
C. December 12, 2011, SIP Revision
In Florida's December 12, 2011, SIP revision, the State submitted
amendments to two of its rules--62-210.200 and 62-212.400, F.A.C.--
which included the addition of one new definition, ``North American
Industry Classification System,'' or ``NAICS,'' to rule 62-210.200,
F.A.C.\12\
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\12\ With the exception of the definition, ``North American
Industry Classification System,'' or ``NAICS,'' in rule 62-210.200,
F.A.C., EPA is taking no action today on the remaining rule changes
in Florida's December 12, 2011, SIP submission.
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D. February 27, 2013, SIP Revision
In Florida's February 27, 2013, SIP revision, the State submitted
amendments to four F.A.C. rule sections: 62-210.200, 62-210.300,\13\
62-210.310, and 62-210.350.\14\ Also in its 2013 SIP revision, the
State withdrew its request for approval of earlier versions of two
rules, 62-210.300 and 62-210.350, F.A.C., submitted as part of its June
23, 1999, SIP revision. Additionally, FDEP requested removal of 62-
210.920, F.A.C., from the Florida SIP and affirmed its request in the
State's 2011 SIP submission to withdraw submitted amendments to the
following five F.A.C. rule sections: 62-210.360, 62-296.570, 62-
297.401, 62-297.440, and 62-297.520.
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\13\ EPA is taking no action today on 62-210.300, F.A.C.
``Permits Required.''
\14\ In a supplemental letter dated June 28, 2017, Florida
withdrew its request for EPA to approve the addition of 62-
210.350(1)(c), F.A.C. (effective February 11, 1999) into the Florida
SIP. Additionally, EPA is taking no action today on 62-
210.350(4)(a)2 and 62-210.350(4)(b), F.A.C. in Florida's February
27, 2013, SIP submission.
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E. February 1, 2017, SIP Revision
In Florida's February 1, 2017, SIP revision, the State submitted
amendments to three of its rules to address requirements for emissions
monitoring at stationary sources--62-297.310, 62-297.440, and 62-
297.450, F.A.C.--and proposed to remove 62-297.401, F.A.C. In the
submitted amendments, FDEP made several clarifications to rule 62-
297.310, F.A.C.\15\
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\15\ With the exception of the revisions pertaining to 62-
297.310, F.A.C., EPA is taking no action today on the remaining rule
changes in Florida's February 1, 2017, SIP submission.
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A description of these collective changes to each rule section from
Florida's 1999, 2011, 2013, and 2017 SIP submissions and the State's
NAICS SIP submission summarized above and EPA's analysis of the
proposed changes follows.
III. What is EPA's analysis of Florida's rule revisions?
A. List of Rule Amendments Proposed for Incorporation Into the Florida
SIP
Described below are the Florida rules and/or subsections of those
rules which EPA is proposing to incorporate into the Florida SIP.
1. Rule 62-210.200, F.A.C., ``Definitions''
In its July 1, 2011, SIP submission, FDEP requested approval of
changes to 15 definitions in Rule 62-210.200, F.A.C., with a state
effective date of March 11, 2010. EPA will act on the July 1, 2011, SIP
submission rule section changes--which were resubmitted in the State's
2013 submission--in a separate rulemaking. Thus, EPA is not proposing
action on these 15 definitions contained in the 2011 SIP submission and
also resubmitted in the 2013 SIP submission today.
In its December 12, 2011, SIP submission, Florida added a new
definition of ``North American Industry Classification System,'' or
``NAICS.''
[[Page 37381]]
EPA proposes to adopt this definition (state effective on December 4,
2011) into the Florida SIP as renumbered effective March 28, 2012, on
the basis that the new definition added is for administrative purposes
to explain terms included in other Florida rules that have previously
been approved into the SIP.
In its 2013 submission, Florida requested approval of changes to
Rule 62-210.200, F.A.C., as amended up to state effective date March
28, 2012, to include four sets of amendments adopted by the State
between 2005 and 2012.\16\ These rule changes include: Renumbering
definitions, adding 21 new definitions, revising three existing
definitions, and repealing two definitions.\17\ The purpose of adopting
the revised definitions is to improve clarity, and to support language
in other F.A.C. rule sections. All definitions originally submitted for
approval in its 1999 SIP submission have been resubmitted in the 2011
and 2013 SIP submissions. EPA proposes to approve these revisions into
the Florida SIP because they are administrative and/or provide non-
substantive clarification of other provisions already approved into the
State's SIP.
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\16\ In addition, Florida withdrew its request to adopt an
earlier version of Rule 62-210.200, F.A.C., submitted for approval
in its 1999 submission.
\17\ See Florida's 2013 submission, pp.7-10, for a list of the
26 definitions and FDEP's explanation for the changes.
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2. Rule 62-210.310, F.A.C., ``Air General Permits''
In its 2013 submission, Florida requested approval into the SIP
changes to Rule 62-210.310, F.A.C., ``Air General Permits'' as amended
up to state effective date June 29, 2011, which include three sets of
amendments adopted by the State between 2007 and 2011. This rule
section, as amended, provides 17 air general permits, or ``permits-by-
rule,'' by which owners or operators of air emission sources can
construct and operate their facilities without going through the
individual permitting process, so long as certain requirements are
satisfied.\18\ Six of the air general permits (at subsection 62-
210.310(4), F.A.C.) impose operating restrictions that allow facilities
to avoid major source permitting. Eleven of the air general permits (at
subsection 62-210.310(5), F.A.C.) allow certain facilities to avoid the
permitting process for minor source air construction and non-title V
air operation permits because these sources utilize pre-manufactured
equipment and thus, do not need the preconstruction engineering review
incorporated into FDEP's individual source permit process.
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\18\ See Florida's 2013 submission, pp.20-24, for a list of all
air general permits in subsections 62-210.310(4), F.A.C. and 62-
210.310(5), F.A.C. adopted by Florida as of June 29, 2011.
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EPA proposes to approve the changes provided in Florida's 2013 SIP
submission to Rule 62-210.310, F.A.C., with state effective dates of
January 10, 2007, October 12, 2008, and June 29, 2011, into Florida's
SIP on the basis that these changes are intended to further clarify,
organize, and streamline Florida's permit regulations. Moreover, these
changes are not inconsistent with federal law, and will not interfere
with any applicable requirement concerning attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
3. Rule 62-210.350, F.A.C., ``Public Notice and Comment''
In its 2013 submission, FDEP requested approval into the SIP of
revisions to Rule 62-210.350, F.A.C., ``Public Notice and Comment'' as
amended up to state effective date October 12, 2008, to incorporate
three sets of amendments adopted by the State between 1997 and 2008. In
the submission, Florida withdrew its request to adopt an earlier
version of Rule 62-210.350, F.A.C., which was included in its 1999
submission.\19\ Rule 62-210.350, F.A.C., establishes public notice
requirements for both major and minor source air construction permits,
State air operation permits, federally enforceable state operation
permits, and title V air operation permits. FDEP amended this rule
section to update references to FDEP's administrative procedures rule
at 62-110.106, F.A.C., to allow sources to combine public notice for
construction and operation permits, and clarify that if these public
notices are combined, sources must comply with the requirements for
both notices, and to make other non-substantive clarifying changes.
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\19\ In a supplemental letter dated June 28, 2017, Florida also
withdrew from the 1999 and 2013 SIP submissions the addition of 62-
210.350(1)(c) state effective February 11, 1999. Florida's June 28,
2017, letter is included in the docket for this action.
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EPA proposes to approve portions of the revisions provided in
Florida's 2013 SIP submission to Rule 62-210.350, F.A.C. (with state
effective dates of November 13, 1997, February 11, 1999, October 12,
2008) with the exception of three F.A.C. rule subsections: 62-
210.350(4)(a)2, 62-210.350(4)(b), and the withdrawn revision at 62-
210.350(1)(c). These changes are intended to clarify, organize, and
streamline Florida's permit regulations. Moreover, these changes are
not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.
4. Rule 62-296.100, F.A.C., ``Purpose and Scope''
In its July 1, 2011 submission, FDEP submitted an amendment to Rule
62-296.100, F.A.C., which was state-effective October 6, 2008. The
amendment separated the rule language into four subsections for
improved readability. The amendment also added language to clarify that
a facility or emissions unit subject to any new source performance
standard or national emission standard for hazardous air pollutants
adopted by reference at Rule 62-204.800, F.A.C., must also comply with
any emission limitations that may apply in Chapter 62-296, F.A.C. EPA
proposes to approve these non-substantive changes to Rule 62-296.100,
F.A.C., provided in Florida's 2011 SIP submission.
5. Rule 62-296.405, F.A.C., ``Fossil Fuel Steam Generators With More
Than 250 Million Btu Per Hour Heat Input''
In its 1999 SIP submission, FDEP submitted changes to Rule 62-
296.405, F.A.C., with a state effective date of March 2, 1999, which
clarified the test method procedure for visible emissions that must be
used in lieu of FDEP's Method 9 testing incorporated in Chapter 62-297,
F.A.C. In addition, the submission clarifies which sources may use fuel
sampling and analysis as an alternative test method for sulfur dioxide
emissions instead of EPA Methods 6, 6A, 6B or 6C. The revisions also
provide the procedures to obtain approval from the State for this
alternative test method. The amendments also clarify other wording in a
few parts of this rule section. EPA proposes to approve the changes
provided in Florida's 1999 SIP submission to Rule 62-296.405, F.A.C. on
the basis that these changes are intended to further clarify, organize,
and streamline Florida's permit regulations. Moreover, these changes
are not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.
[[Page 37382]]
6. Rule 62-296.406, F.A.C., ``Fossil Fuel Steam Generators with Less
Than 250 Million Btu per Hour Heat Input, New and Existing Emissions
Units''
In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
296.406, F.A.C., with a state effective date of March 2, 1999, to add
language to clarify that all emissions standards for new and existing
small fossil fuel steam generators do not apply to units that are
determined to be insignificant under Florida's title V regulations at
62-213.300(2)(a)1., F.A.C., and 62-213.430(6)(b), F.A.C.\20\ As
relevant here, a generator is considered insignificant if two
requirements are satisfied: First, the emissions unit will neither emit
nor have the potential to emit five tons per year or more of
particulate matter or sulfur dioxide; and second, the emissions unit
will not cause the facility as a whole to emit nor have the potential
to emit 100 tons per year or more of either of those pollutants. EPA
proposes to approve the revisions provided in Florida's 1999 SIP
submission to Rule 62-296.406, F.A.C. on the basis that these changes
are intended to further clarify, organize, and streamline Florida's
permit regulations, are not inconsistent with federal law, and will not
interfere with any applicable requirement concerning attainment of the
NAAQS, reasonable further progress, or any other requirement of the
CAA.
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\20\ EPA approved Florida's title V permit program on October 1,
2001. See 66 FR 49837.
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7. Rule 62-296.412, F.A.C., ``Dry Cleaning Facilities''
In its 2011 submission, FDEP submitted amendments to Rule 62-
296.412, F.A.C., ``Dry Cleaning Facilities,'' which became state
effective March 11, 2010. The amendments delete a reference to ozone
nonattainment areas because Florida currently has no ozone
nonattainment areas. Moreover, without this change, the rule would
immediately apply in newly designated ozone nonattainment areas, giving
facilities no lead time to achieve compliance. If an area in Florida is
designated nonattainment for the ozone national ambient air quality
standards (NAAQS) in the future, Florida would be required to submit an
implementation plan to attain this NAAQS, and thus would need to
address sources in the nonattainment area at that time. Also, the
changes replace an incorrect reference to Chapter 62-275, F.A.C., with
the correct rule reference to 62-204.340, F.A.C. EPA proposes to
approve the changes provided in Florida's 2011 SIP submission to Rule
62-296.412, F.A.C., on the basis that these changes are intended to
correct a reference in this rule, to further clarify, organize, and
streamline Florida's permit regulations. Moreover, these changes are
not inconsistent with federal law, and will not interfere with any
applicable requirement concerning attainment of the NAAQS, reasonable
further progress, or any other requirement of the CAA.
8. Rule 62-296.414, F.A.C., ``Concrete Batching Plants''
In its 2011 SIP submission, FDEP submitted two sets of amendments
to Rule 62-296.414, F.A.C., ``Concrete Batching Plants,'' with state
effective dates of November 13, 1997, and January 10, 2007.\21\ These
amendments clarify portions of this rule section related to rule
applicability and test method references; specify the precautions that
must be taken to control unconfined emissions from concrete batching
facilities; identify conditions under which visible emissions testing
must be conducted; and, clarify the visible emissions testing schedule
for concrete batching plants based on whether the unit is operating
under the authority of an air general permit or a standard air
construction or air operation permit. EPA proposes to approve the
changes provided in Florida's 2011 SIP submission to Rule 62-296.414,
F.A.C. on the basis that these changes are intended to further clarify,
organize, and streamline Florida's permit regulations. Moreover, these
changes are not inconsistent with federal law, and will not interfere
with any applicable requirement concerning attainment of the NAAQS,
reasonable further progress, or any other requirement of the CAA.
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\21\ Florida withdrew its request to act on amendments to this
rule originally submitted in its 1999 submission because the State
re-submitted this rule in its 2011 submission.
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9. Rule 62-296.418, F.A.C., ``Bulk Gasoline Plants''
In its 2011 SIP submission, FDEP submitted amendments to Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' which became state effective
March 11, 2010. The change deletes a reference to ozone nonattainment
areas because Florida currently has no ozone nonattainment areas.
Moreover, without this change, the rule would immediately apply in
newly designated ozone nonattainment areas, giving facilities no lead
time to achieve compliance. If an area in Florida is designated
nonattainment for the ozone NAAQS in the future, Florida would be
required to submit a plan to attain this NAAQS, and thus would need to
address sources in the nonattainment area at that time. EPA proposes to
approve the revisions provided in Florida's 2011 SIP submission to Rule
62-296.418, F.A.C. on the basis that these changes are intended to
further clarify, organize, and streamline Florida's permit regulations.
Moreover, these changes are not inconsistent with federal law, and will
not interfere with any applicable requirement concerning attainment of
the NAAQS, reasonable further progress, or any other requirement of the
CAA.
10. Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities''
In its 2011 SIP submission, FDEP submitted one amendment to Rule
62-296.500, F.A.C., ``Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX)
Emitting Facilities,'' which became state effective March 11, 2010. The
change deletes reference to ozone nonattainment areas because Florida
currently has no ozone nonattainment areas. Moreover, without this
change, the rule would immediately apply in newly designated ozone
nonattainment areas, giving facilities no lead time to achieve
compliance. If an area in Florida is designated nonattainment for the
ozone NAAQS in the future, Florida would be required to submit a plan
to attain this NAAQS and thus would need to address sources in the
nonattainment area at that time. Also, the amendment clarifies that
references to air quality maintenance areas mean those areas defined at
Rule 62-204.340, F.A.C. EPA proposes to approve the revisions provided
in Florida's 2011 SIP submission to Rule 62-296.500, F.A.C.
11. Rule 62-296.508, F.A.C., ``Petroleum Liquid Storage''
In its 2011 submission, FDEP submitted one amendment to Rule 62-
296.508, F.A.C., ``Petroleum Liquid Storage,'' which became state
effective October 6, 2008. The change removes an erroneous reference to
EPA Method 21. EPA proposes to approve the change provided in Florida's
2011 SIP submission to Rule 62-296.508, F.A.C.
12. Rule 62-297.310, F.A.C., ``General Emissions Test Requirements''
In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.310, F.A.C., ``General Compliance Test
[[Page 37383]]
Requirements,'' which became state effective March 2, 1999. These
changes include minor clarifications to wording in the rule and
identify for which types of emissions units an annual compliance test
for visible emissions is not required. In its 2017 SIP submission, FDEP
made further revisions to Rule 62-297.310, F.A.C., (which became state
effective March 9, 2015) and changed the title to ``General Emissions
Test Requirements.'' The changes in the 2017 submission include:
Modification of the emissions test procedures; clarification of the
requirements for emissions tests and terminology used in the
regulation; reduction in the number of annual emissions tests required
for emissions units that operate infrequently or are temporarily shut
down; and elimination of obsolete and duplicative language. The
revision also creates an exemption from annual compliance test
requirements for any unit determined to be insignificant under
Florida's title V regulations at 62-213.300(2)(a)1., F.A.C., and 62-
213.430(6)(b), F.A.C.\22\ EPA proposes to approve the revisions
provided in Florida's June 23, 1999, and February 1, 2017, SIP
submissions to Rule 62-297.310, F.A.C.
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\22\ EPA approved Florida's title V permit program on October 1,
2001. See 66 FR 49837.
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13. Rule 62-297.450, F.A.C., ``EPA VOC Capture Efficiency Test
Procedures''
In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.450, F.A.C., ``EPA VOC Capture Efficiency Test Procedures,'' which
became state effective March 2, 1999. These changes incorporate EPA
Method 204 and EPA's capture efficiency test procedures. EPA proposes
to approve the changes provided in Florida's 1999 SIP submission to
Rule 62-297.450, F.A.C. on the basis that these changes are consistent
with EPA's VOC capture efficiency test procedure guidelines.\23\
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\23\ EPA document GD-035, ``Guidelines for Determining Capture
Efficiency,'' dated January 9, 1995, is available at: https://www3.epa.gov/ttn/emc/guidlnd/gd-035.pdf.
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B. Rule Proposed for Removal From the Florida SIP
1. Rule 62-210.920, F.A.C., ``Air General Permit Forms''
In its 2013 submission, FDEP requested that Rule 62-210.920,
F.A.C., ``Air General Permit Forms,'' be removed from the SIP. This
rule section contained Florida's air general permit registration forms,
which the State has replaced with an online registration system. The
State repealed this rule section with a state effective date of June
29, 2011. EPA proposes to approve removal of Rule 62-210.920, F.A.C.,
``Air General Permit Forms'' from the Florida SIP because this rule
section imposes no requirements beyond those requirements already found
in Rule 62-210.310, F.A.C.
IV. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference changes to: Rule 62-210.200, F.A.C., ``Definitions,''
effective March 28, 2012; Rule 62-210.310, F.A.C., ``Air General
Permits,'' effective June 29, 2011; Rule 62-210.350, F.A.C., ``Public
Notice and Comment,'' effective October 12, 2008; Rule 62-296.100,
F.A.C., ``Purpose and Scope,'' effective October 6, 2008; Rule 62-
296.405, F.A.C., ``Fossil Fuel Steam Generators with More Than 250
Million Btu Per Hour Heat Input,'' effective March 2, 1999; Rule 62-
296.406, F.A.C., ``Fossil Fuel Steam Generators with Less Than 250
Million Btu per Hour Heat Input, New and Existing Emissions Units,''
effective March 2, 1999; Rule 62-296.412, F.A.C., ``Dry Cleaning
Facilities,'' effective March 11, 2010; Rule 62-296.414, F.A.C.,
``Concrete Batching Plants,'' effective January 10, 2007; Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' effective March 11, 2010;
Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities,'' effective March 11, 2010; Rule
62-296.508, F.A.C., ``Petroleum Liquid Storage,'' effective October 6,
2008; Rule 62-297.310, F.A.C., ``General Emissions Test Requirements,''
effective March 9, 2015; and Rule 62-297.450, F.A.C., ``EPA VOC Capture
Efficiency Test Procedures,'' effective March 2, 1999. EPA has made,
and will continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
V. What action is EPA proposing to take?
EPA is proposing to approve portions of Florida's five SIP
revisions submitted by the State on June 23, 1999, July 1, 2011,
December 12, 2011, February 27, 2013, and February 1, 2017, as meeting
the applicable requirements of the CAA and EPA's requirements for
permitting air emission sources.
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, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Accordingly, this
proposed 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 proposed 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 mandates 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 Act; 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).
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,
[[Page 37384]]
2000), nor will it impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 28, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16815 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P