Air Plan Approval; Florida; Permitting Revisions, 46682-46685 [2017-21504]

Download as PDF 46682 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations • Does not provide the EPA with the TABLE 2—LIST OF NORTH DAKOTA INFRASTRUCTURE ELEMENTS AND RE- discretionary authority to address, as VISIONS THAT THE EPA IS TAKING appropriate, disproportionate human health or environmental effects, using NO ACTION ON No action (revision to be made in separate rulemaking action) asabaliauskas on DSKBBXCHB2PROD with RULES March 7, 2013 submittal—2010 SO2 NAAQS: (D)(i)(I) prongs 1 and 2. August 23, 2015 submittal—2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2. IV. Statutory and Executive Orders Review Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 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 Clean Air Act; and VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 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 the 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under Section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 5, 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 CAA Section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Dated: September 18, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read 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 JJ—North Dakota 2. Section 52.1833 is amended by adding paragraph (f) to read as follows: ■ § 52.1833 Section 110(a)(2) infrastructure requirements. * * * * * (f) The North Dakota Department of Health provided submissions to meet infrastructure requirements for the State of North Dakota for the 2010 SO2 and 2012 PM2.5 NAAQS on March 7, 2013 and August 23, 2015, respectively. The State’s Infrastructure SIP for the 2010 SO2 and 2012 PM2.5 NAAQS is approved with respect to section (110)(a)(1) and the following elements of section (110)(a)(2): (A), (B), (C) with respect to minor NSR and PSD requirements, (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). [FR Doc. 2017–21520 Filed 10–5–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0105; FRL–9968–92– Region 4] Air Plan Approval; Florida; Permitting Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing approval of 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 SUMMARY: E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES under the Clean Air Act (CAA or Act) and EPA’s rules which address new source preconstruction permitting. EPA is finalizing approval of Florida’s SIP revisions on the basis that they are consistent with the CAA and EPA’s requirements for permitting air emission sources. DATES: This rule will be effective November 6, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2017–0105. 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: 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. In addition, on December 12, 2011, FDEP submitted a SIP revision to add a definition of ‘‘North American VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 46683 Industry Classification System,’’ or ‘‘NAICS,’’ to the Florida SIP. 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 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 a proposed rulemaking published on August 10, 2017 (82 FR 37379), EPA proposed to approve specified portions of the five Florida SIP revisions on June 23, 1999, July 1, 2011, December 12, 2011, February 27, 2013, and February 1, 2017. The details of Florida’s submissions and the rationale for EPA’s actions are explained in the proposed rulemaking. Comments on the proposed rulemaking were due on or before September 11, 2017. EPA received no adverse comments on the proposed action. Accordingly, in this action, EPA is finalizing action regarding the relevant regulations (or portions thereof) from these five SIP submissions. ‘‘Reasonably Available Control Technology (RACT)—Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities,’’ state effective 3/11/10; 62–296.508 ‘‘Petroleum Liquid Storage,’’ state effective 10/6/08; 62–297.310 ‘‘General Emissions Test Requirements,’’ state effective 3/9/15; and 62–297.450 ‘‘EPA VOC Capture Efficiency Test Procedures,’’ state effective 3/2/99. 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). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1 II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Florida Chapters 62– 210.200 ‘‘Definitions,’’ which was state effective 3/28/12; 62–210.310 ‘‘Air General Permits,’’ state effective 6/29/ 11; 62–210.350 ‘‘Public Notice and Comment,’’ state effective 10/12/08; 62– 296.100 ‘‘Purpose and Scope,’’ state effective 10/6/08; 62–296.405 ‘‘Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input,’’ state effective 3/2/99; 62–296.406 ‘‘Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units,’’ state effective 3/2/99; 62– 296.412 ‘‘Dry Cleaning Facilities,’’ state effective 3/11/10; 62–296.414 ‘‘Concrete Batching Plants,’’ state effective 1/10/07; 62–296.418 ‘‘Bulk Gasoline Plants,’’ state effective 3/11/10; 62–296.500 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 Act. 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, these actions: • Are 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); • do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 III. Final Action EPA is finalizing approval of portions of the five Florida SIP revisions submitted to EPA on June 23, 1999, July 1, 2011, December 12, 2011, February 27, 2013, and February 1, 2017, on the basis that they are consistent with the CAA and EPA’s requirements for permitting air emission sources. IV. Statutory and Executive Order Reviews 1 62 E:\FR\FM\06OCR1.SGM FR 27968 (May 22, 1997). 06OCR1 46684 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations • are 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.); • do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • are not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • are 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 • do 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, 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 December 5, 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, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: September 22, 2017. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart K—Florida 2. Section 52.520(c) is amended: a. Under the heading ‘‘Chapter 62–210 Stationary Sources—General Requirements’’ by revising the entries for ‘‘62–210.200’’, ‘‘62–210.310’’ and ‘‘62–210.350’’; ■ b. Under the heading ‘‘Chapter 62–210 Stationary Sources—General Requirements’’ by removing the entry for ‘‘62–210.920’’; ■ c. Under the heading ‘‘Chapter 62–296 Stationary Sources—Emission Standards’’ by revising the entries for ‘‘62–296.100’’, ‘‘62–296.405’’, ‘‘62– 296.406’’, ‘‘62–296.412’’, ‘‘62–296.414’’, ‘‘62–296.418’’, ‘‘62–296.500’’ and ‘‘62– 296.508’’, and ■ d. Under the heading ‘‘Chapter 62– 297 Stationary Sources—Emissions Monitoring’’ by revising the entries for ‘‘62–297.310’’ and ‘‘62–297.450’’. The revisions read as follows: ■ ■ § 52.520 * Identification of plan. * * (c) * * * * * EPA-APPROVED FLORIDA REGULATIONS State citation (section) * State effective date Title/subject * * EPA approval date * Explanation * * * Chapter 62–210 Stationary Sources—General Requirements Definitions .................................... 3/28/12 10/6/17, [Insert Federal Register citation]. * 62–210.310 ............. asabaliauskas on DSKBBXCHB2PROD with RULES 62–210.200 ............. * * Air General Permits ..................... * 6/29/11 62–210.350 ............. Public Notice and Comment ....... 10/12/08 * 10/6/17, [Insert Federal Register citation]. 10/6/17, [Insert Federal Register citation]. VerDate Sep<11>2014 16:21 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM Selected definitions are approved into the SIP. * * Excludes revisions state effective February 11, 1999, which added 62–210.350(1)(c) and 62–210.350(4)(a)2, and revised 62–210.350(4)(b). 06OCR1 46685 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations EPA-APPROVED FLORIDA REGULATIONS—Continued State citation (section) State effective date Title/subject * * * EPA approval date * Explanation * * * * * Chapter 62–296 Stationary Sources—Emission Standards 62–296.100 ............. Purpose and Scope .................... 10/6/08 10/6/17, [Insert Federal Register citation]. * 62–296.405 ............. * * Fossil Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat Input. Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units. * 3/2/99 * 10/6/17, [Insert Federal Register citation]. 3/2/99 10/6/17, [Insert Federal Register citation]. * 10/6/17, [Insert Federal Register citation]. 10/6/17, [Insert Federal Register citation]. * * 62–296.406 ............. * 62–296.412 ............. * * Dry Cleaning Facilities ................ * 3/11/10 62–296.414 ............. Concrete Batching Plants ........... 1/10/07 * 62–296.418 ............. * * Bulk Gasoline Plants ................... * 3/11/10 * 10/6/17, [Insert Federal Register citation]. * * * 62–296.500 ............. * * Reasonably Available Control Technology (RACT)—Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities. * 3/11/10 * 10/6/17, [Insert Federal Register citation]. * * * 62–296.508 ............. * * Petroleum Liquid Storage ........... * 10/6/08 * 10/6/17, [Insert Federal Register citation]. * * * * * * Amendments effective 10/6/08 * * * * * * * Chapter 62–297 Stationary Sources—Emissions Monitoring 62–297.310 ............. General Emissions Test Requirements. 3/9/15 10/6/17, [Insert Federal Register citation]. * 62–297.450 ............. * EPA VOC Capture Test Procedures. * 3/2/99 * 10/6/17, [Insert Federal Register citation]. * * * * * * * Efficiency * * * ACTION: * 178 (see also Unit I.C. of the Final rule. SUPPLEMENTARY INFORMATION). [FR Doc. 2017–21504 Filed 10–5–17; 8:45 am] asabaliauskas on DSKBBXCHB2PROD with RULES ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2016–0560; FRL–9963–66] Florpyrauxifen-Benzyl; Pesticide Tolerances Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:21 Oct 05, 2017 This regulation establishes tolerances for residues of florpyrauxifen-benzyl in or on rice grain, freshwater fish, shellfish crustacean, and mollusc. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: BILLING CODE 6560–50–P Jkt 244001 This regulation is effective October 6, 2017. Objections and requests for hearings must be received on or before December 5, 2017, and must be filed in accordance with the instructions provided in 40 CFR part DATES: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2016–0560, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the ADDRESSES: E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46682-46685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21504]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-9968-92-Region 4]

Air Plan Approval; Florida; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of 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

[[Page 46683]]

under the Clean Air Act (CAA or Act) and EPA's rules which address new
source preconstruction permitting. EPA is finalizing approval of
Florida's SIP revisions on the basis that they are consistent with the
CAA and EPA's requirements for permitting air emission sources.

DATES: This rule will be effective November 6, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0105. 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: 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. 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. 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 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 a proposed rulemaking published on August 10, 2017 (82 FR
37379), EPA proposed to approve specified portions of the five Florida
SIP revisions on June 23, 1999, July 1, 2011, December 12, 2011,
February 27, 2013, and February 1, 2017. The details of Florida's
submissions and the rationale for EPA's actions are explained in the
proposed rulemaking. Comments on the proposed rulemaking were due on or
before September 11, 2017. EPA received no adverse comments on the
proposed action. Accordingly, in this action, EPA is finalizing action
regarding the relevant regulations (or portions thereof) from these
five SIP submissions.

II. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Florida
Chapters 62-210.200 ``Definitions,'' which was state effective 3/28/12;
62-210.310 ``Air General Permits,'' state effective 6/29/11; 62-210.350
``Public Notice and Comment,'' state effective 10/12/08; 62-296.100
``Purpose and Scope,'' state effective 10/6/08; 62-296.405 ``Fossil
Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat
Input,'' state effective 3/2/99; 62-296.406 ``Fossil Fuel Steam
Generators with Less Than 250 Million Btu Per Hour Heat Input, New and
Existing Emissions Units,'' state effective 3/2/99; 62-296.412 ``Dry
Cleaning Facilities,'' state effective 3/11/10; 62-296.414 ``Concrete
Batching Plants,'' state effective 1/10/07; 62-296.418 ``Bulk Gasoline
Plants,'' state effective 3/11/10; 62-296.500 ``Reasonably Available
Control Technology (RACT)--Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Emitting Facilities,'' state effective
3/11/10; 62-296.508 ``Petroleum Liquid Storage,'' state effective 10/6/
08; 62-297.310 ``General Emissions Test Requirements,'' state effective
3/9/15; and 62-297.450 ``EPA VOC Capture Efficiency Test Procedures,''
state effective 3/2/99. 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). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

EPA is finalizing approval of portions of the five Florida SIP
revisions submitted to EPA on June 23, 1999, July 1, 2011, December 12,
2011, February 27, 2013, and February 1, 2017, on the basis that they
are consistent with the CAA and EPA's requirements for permitting air
emission sources.

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 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 Act. 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, these actions:
Are 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);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 46684]]

are 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.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are 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
do 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, 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 December 5, 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, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

Dated: September 22, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart K--Florida

0
2. Section 52.520(c) is amended:
0
a. Under the heading ``Chapter 62-210 Stationary Sources--General
Requirements'' by revising the entries for ``62-210.200'', ``62-
210.310'' and ``62-210.350'';
0
b. Under the heading ``Chapter 62-210 Stationary Sources--General
Requirements'' by removing the entry for ``62-210.920'';
0
c. Under the heading ``Chapter 62-296 Stationary Sources--Emission
Standards'' by revising the entries for ``62-296.100'', ``62-296.405'',
``62-296.406'', ``62-296.412'', ``62-296.414'', ``62-296.418'', ``62-
296.500'' and ``62-296.508'', and
0
d. Under the heading ``Chapter 62-297 Stationary Sources--Emissions
Monitoring'' by revising the entries for ``62-297.310'' and ``62-
297.450''.
The revisions read as follows:

Sec. 52.520 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation (section) Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200................... Definitions.......... 3/28/12 10/6/17, [Insert Selected definitions
Federal Register are approved into
citation]. the SIP.

* * * * * * *
62-210.310................... Air General Permits.. 6/29/11 10/6/17, [Insert
Federal Register
citation].
62-210.350................... Public Notice and 10/12/08 10/6/17, [Insert Excludes revisions
Comment. Federal Register state effective
citation]. February 11, 1999,
which added 62-
210.350(1)(c) and
62-210.350(4)(a)2,
and revised 62-
210.350(4)(b).

[[Page 46685]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100................... Purpose and Scope.... 10/6/08 10/6/17, [Insert
Federal Register
citation].

* * * * * * *
62-296.405................... Fossil Fuel Steam 3/2/99 10/6/17, [Insert
Generators with More Federal Register
Than 250 Million Btu citation].
Per Hour Heat Input.
62-296.406................... Fossil Fuel Steam 3/2/99 10/6/17, [Insert
Generators with Less Federal Register
Than 250 Million Btu citation].
Per Hour Heat Input,
New and Existing
Emissions Units.

* * * * * * *
62-296.412................... Dry Cleaning 3/11/10 10/6/17, [Insert
Facilities. Federal Register
citation].
62-296.414................... Concrete Batching 1/10/07 10/6/17, [Insert
Plants. Federal Register
citation].

* * * * * * *
62-296.418................... Bulk Gasoline Plants. 3/11/10 10/6/17, [Insert
Federal Register
citation].

* * * * * * *
62-296.500................... Reasonably Available 3/11/10 10/6/17, [Insert
Control Technology Federal Register
(RACT)--Volatile citation].
Organic Compounds
(VOC) and Nitrogen
Oxides (NOX)
Emitting Facilities.

* * * * * * *
62-296.508................... Petroleum Liquid 10/6/08 10/6/17, [Insert Amendments effective
Storage. Federal Register 10/6/08
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.310................... General Emissions 3/9/15 10/6/17, [Insert
Test Requirements. Federal Register
citation].

* * * * * * *
62-297.450................... EPA VOC Capture 3/2/99 10/6/17, [Insert
Efficiency Test Federal Register
Procedures. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-21504 Filed 10-5-17; 8:45 am]
BILLING CODE 6560-50-P

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