Air Plan Approval; Florida; Stationary Sources Emissions Monitoring, 47636-47640 [2017-22114]
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0387; FRL–9969–41–
Region 4]
Air Plan Approval: South Carolina;
Miscellaneous Revisions to Multiple
Rules
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
portions of the August 21, 2017, direct
final rule that approves changes to
South Carolina’s state implementation
plan (SIP) related to definitions and
open burning. EPA will address the
comment in a separate final action
based upon the proposed rulemaking
action, also published on August 21,
2017. EPA will not institute a second
comment period on this action.
DATES: The amendments to 40 CFR
52.2120(c) at Regulation 62.1 and
Regulation No. 62.2 (amendatory
instructions 2.A and B.) published at 82
FR 39537, on August 21, 2017, are
withdrawn, effective October 13, 2017.
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: On August
21, 2017 (82 FR 39537), EPA published
a direct final rule approving portions of
several SIP revisions submitted by the
State of South Carolina, through the
South Carolina Department of Health
and Environmental Control, on July 18,
2011, June 17, 2013, April 10, 2014,
August 8, 2014, January 20, 2016, and
July 27, 2016. EPA took a direct final
action to approve portions of the July
18, 2011, June 17, 2013, April 10, 2014,
August 8, 2014, January 20, 2016, and
July 27, 2016, submissions that made
changes to Regulation 61–62.1, Section
I—‘‘Definitions,’’ and Regulation 61–
62.2—‘‘Prohibition of Open Burning,’’
among other changes.
In the direct final rule, EPA explained
that the Agency was publishing the rule
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
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anticipated no adverse comments.
Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revision should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. EPA specified,
however, that if a comment were
received on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. It was also explained that all
public comments received would then
be addressed in a subsequent final rule
based on the proposed rule, and that
EPA would not institute a second
comment period on this action.
EPA received one adverse comment
from a single Commenter on the
portions of the direct final rule that
made changes to Regulation 61–62.1,
Section I and Regulation 61–62.2 only.
As a result of the comment received,
EPA is withdrawing only the portions of
the direct final rule approving changes
to the South Carolina SIP at Regulation
61–62.1, Section I, as submitted in the
July 18, 2011, June 17, 2013, April 10,
2014, and July 27, 2016, SIP revision,
and Regulation 61–62.2, as submitted in
the April 10, 2014, SIP revision. EPA
will address the comment in a separate
final action based on the proposed
action also published on August 21,
2017 (82 FR 39551). EPA will not open
a second comment period for this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 29, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0500; FRL–9969–39–
Region 4]
Air Plan Approval; Florida; Stationary
Sources Emissions Monitoring
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a portion of a State
Implementation Plan (SIP) revision
submitted by the State of Florida,
through the Florida Department of
Environmental Protection (FDEP) on
February 1, 2017, for the purpose of
revising Florida’s requirements and
procedures for emissions monitoring at
stationary sources. Florida’s February 1,
2017, SIP submittal includes
amendments to three Florida
Administrative Code (F.A.C.) rule
sections, as well as the removal of one
F.A.C. rule section from the Florida SIP
in order to eliminate redundant
language and make updates to the
requirements for emissions monitoring
at stationary sources. Additionally, this
action includes a correction to remove
an additional F.A.C. rule that was
previously approved for removal from
the SIP in a separate action but was
never removed. EPA is taking action on
Florida’s February 1, 2017, SIP
submittal as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This direct final rule is effective
December 12, 2017 without further
notice, unless EPA receives adverse
comment by November 13, 2017. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0500 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
ADDRESSES:
Accordingly, the amendments to 40
CFR 52.2120(c) at Regulation 62.1 and
Regulation No. 62.2 (amendatory
instructions 2.A and B.) published on
August 21, 2017 (82 FR 39541), which
■
were to become effective October 20,
2017, are withdrawn.
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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 via telephone at
(404) 562–8966 or via electronic mail
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking today?
On February 1, 2017, FDEP submitted
to EPA for adoption a SIP revision for
the purpose of updating Florida’s
requirements and procedures for
emissions monitoring at stationary
sources. Florida’s February 1, 2017, SIP
submittal included amendments to three
F.A.C. rule sections and the removal of
one F.A.C. rule section from the Florida
SIP.1 Specifically, these changes to
Florida’s rules included the
amendments of Rule 62–297.310,
F.A.C.—‘‘General Emissions Test
Requirement;’’ 2 Rule 62–297.440,
F.A.C.—‘‘Supplementary Test
Procedures;’’ and Rule 62–297.450,
F.A.C.—‘‘EPA VOC Capture Efficiency
Test Procedures.’’ In addition, Florida’s
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1 Florida
Administrative Code, ‘‘62–297,’’ for
example, is a rule chapter, and ‘‘62–297.310’’ is a
rule section, commonly written as ‘‘Chapter 62–297,
F.A.C.,’’ and ‘‘Rule 62–297.310, F.A.C.,’’
respectively. Throughout this rulemaking, we will
use this nomenclature to refer to rule chapter and
rule sections.
2 Although referenced in the February 1, 2017,
SIP submittal by the title of ‘‘General Emissions
Test Requirements,’’ the current SIP-approved Rule
62–297.310, F.A.C., is titled ‘‘General Test
Requirements.’’ The renaming of this Rule is
included in the February 1, 2017, SIP submittal and
is being acted on in a separate rulemaking.
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February 1, 2017, SIP submittal includes
the removal of one of Florida’s rule
sections from the SIP. Specifically,
Florida requested to remove Rule 62–
297.401, F.A.C.—‘‘Compliance Test
Methods’’ from the State’s
implementation plan because it has
been repealed at the state level, and,
according to the submittal, the section is
unnecessary, obsolete or duplicative of
other F.A.C. Rules.
Through this rulemaking, EPA is
approving the portions of Florida’s
February 1, 2017, SIP submittal
regarding amendments to Rule 62–
297.440, F.A.C., and Rule 62–297.450,
F.A.C., as well as the removal of Rules
62–297.401, F.A.C., from the State’s
implementation plan. The portion of the
SIP regarding Rule 62–297.310 is being
discussed in a separate rulemaking that
is proposing approval of portions of
several SIP submittals making
administrative and recodification
changes to Florida’s SIP. See 82 FR
37379 (August 10, 2017).
In addition to the removal of Rule 62–
297.401, F.A.C., EPA is removing Rule
62–297.400, F.A.C.—‘‘EPA Methods
Adopted by Reference’’ from the Florida
SIP. The removal of this rule section
was previously approved by EPA, but
was never reflected in Florida’s SIPapproved rules table in 40 CFR
52.520(c). For more detail on the
approval to remove Rule 62–297.400,
F.A.C., see the June 16, 1999,
rulemaking (64 FR 32346).
II. Analysis of State Submittal
As mentioned in Section I above,
Florida submitted to EPA a SIP revision
on February 1, 2017, which includes
amendments to three of its rules to
address requirements for emissions
monitoring at stationary sources and
proposed to remove one of its SIPapproved rules. Specifically, Florida
proposed amendments to Rules 62–
297.310, 62–297.440, and 62–297.450,
F.A.C., and proposed to remove Rule
62–297.401, F.A.C., from the State’s
implementation plan. A description of
the changes proposed to these Rules and
our analyses of these changes is
included below.
A. Rule 62–297.401, F.A.C.—
‘‘Compliance Test Methods’’
In its February 1, 2017, SIP submittal,
Florida requested that Rule 62–297.401,
F.A.C.—‘‘Compliance Test Methods’’ be
removed from the State’s
implementation plan. This rule section
listed the air emissions test methods
that were to be used whenever a
compliance test was required by another
rule or a permit. These test methods are
now prescribed in each individual rule
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47637
that requires a compliance test, and as
a result, Rule 62–297.401 is no longer
needed as its own separate list. In
addition, Florida incorporates by
reference all the necessary EPA test
methods in Rule 62–204.800, F.A.C—
‘‘Federal Regulations Adopted by
Reference.’’ Consequently, Florida has
since repealed Rule 62–297.401, F.A.C.,
state effective on July 10, 2014. EPA is
approving the removal of the
aforementioned rule from Florida’s SIP
because the requirements are still in
place in other state rules, and we
believe this repealed rule is no longer
necessary.
B. Rule 62–297.440, F.A.C.—
‘‘Supplementary Test Procedures’’
In Florida’s February 1, 2017, SIP
submittal the State proposed several
revisions to Rule 62–297.440, F.A.C.—
‘‘Supplementary Test Procedures,’’
which became state effective on July 10,
2014. This rule section listed additional
testing methods that could be used in
conjunction and as a supplement to all
other required test methods. In its
February 1, 2017, SIP submittal, Florida
is requesting the removal of several
subsections because they contain test
methods that are either adopted by
reference in other rule sections or are
now obsolete. Florida proposed to
remove the following subsections from
Rule 62–297.440, F.A.C.: (1)—‘‘ASTM
Methods,’’ (3)—‘‘American Conference
of Governmental Industrial Hygienists,
Recommended Practices—Industrial
Ventilation: A Manual of Recommended
Practice—Equipment Specifications,’’
(5)—‘‘Technical Association of Pulp and
Paper Industry (TAPPI), Test Methods,’’
(6)—‘‘Sulphur Development Institute of
Canada (SUDIC) Sampling and Testing
Sulphur Forms,’’ and (7)—‘‘EPA VOC
Capture Efficiency Test Procedures.’’
With the exception of the language
from subsection (7)—‘‘EPA VOC
Capture Efficiency Test Procedures’’
(which are now included in Rule 62–
297.450, F.A.C.—‘‘EPA VOC Capture
Efficiency Test Procedures’’), all other
subsections mentioned in the paragraph
above were repealed because they are
obsolete and unnecessary. Given that
these test methods were supplementary
and that all required test methods are
still in place and prescribed in each
section or permit that requires testing,
as mentioned in Section II.B. above,
EPA agrees with the amendments and is
approving the removal of these five
subsections from Rule 62–297.440,
F.A.C.
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C. Rule 62–297.450, F.A.C.—‘‘EPA VOC
Capture Efficiency Test Procedures’’
In its February 1, 2017, SIP submittal,
Florida proposed several revisions to
Rule 62–297.450, F.A.C—‘‘EPA VOC
Capture Efficiency Test Procedures,’’
which became state effective on July 10,
2014. This rule section lists procedures
for determining the capture efficiency of
a VOC capture system. The February 1,
2017, SIP submittal makes clarifying
changes to this rule by reformatting the
rule, but did not change the
requirements that had to be met in order
to determine the capture efficiency of a
VOC capture system. Some subsections
of the rule were removed, and instead,
the State references EPA’s Emissions
Measurement Technical Information
Center Guideline Document GD–035—
‘‘Guideline for Determining Capture
Efficiency,’’ January 9, 1995.3 In
addition, amendments to Rule 62–
297.450, F.A.C., add language removed
from subsection 62–297.440(7)
mentioned above.
EPA is approving the changes
provided in Florida’s February 1, 2017,
SIP submittal to Rule 62–297.450,
F.A.C., on the basis that these changes
are simply to clarify and simplify the
language in the rule, and are consistent
with EPA’s VOC capture efficiency test
procedure guidelines, as established in
the agency’s GD–035 guideline.
III. Removal of 62–297.400 From the
Florida SIP
In an April 15, 1996, SIP submittal,
Florida requested, among other things,
the removal of several Rule sections
from the State’s SIP. Specifically,
Florida requested to remove fourteen
sections from Rule Chapter 62–297,
F.A.C., including Rules 62–297.400, 62–
297.411, 62–297.412, 62–297.413, 62–
297.414, 62–297.415, 62–297.416, 62–
297.417, 62–297.418, 62–297.419, 62–
297.421, 62–297.422, 62–297.423, and
62–297.424, F.A.C. In a June 16, 1999
(64 FR 32346), rulemaking, EPA
approved the removal of these Florida
rule sections from the State’s SIP at the
same time that the agency added a table
of SIP-approved rules at 40 CFR
52.520.4 However, when creating this
table, EPA inadvertently included some
of the rules that were being removed
from Florida’s SIP. The rules that were
mistakenly left in the table under
Chapter 62–297, F.A.C., are Rules 62–
297.400, 62–297.411, 62–297.412, 62–
3 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.
4 The list of EPA-approved regulations in
Florida’s SIP can be found in Table (c) of 40 CFR
part 52, Subsection 520 [40 CFR 52.520(c)].
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297.413, 62–297.415, 62–297.416, 62–
297.417, and 62–297.423, F.A.C.
On November 29, 2012, Florida
submitted to EPA a letter requesting that
corrections be made to the table at 40
CFR 52.520(c), including the removal of
those rules that were approved for
removal but left in the table. As a
response to the November 29, 2012,
letter, EPA published a Correcting
Amendments rulemaking on June 20,
2013 (78 FR 37132), to make the
requested corrections to Rule Chapter
62–297 in table 52.520(c) of the Florida
SIP. In the June 20, 2013, correction,
EPA removed all remaining rules that
were previously approved for removal
with the exception of Rule 62–297.400,
F.A.C.
Although not requested by Florida in
their February 1, 2017, SIP submittal,
EPA is making the correction to the
table at 40 CFR 52.520 regarding Rule
62–297.400, F.A.C., at this time. At the
time of the repeal of this rule, the latest
SIP-approved version of Rule 62–
297.400, F.A.C., included references to
Rule 62–297.401, F.A.C., and Rules 62–
297.411 through 62–297.424, F.A.C.,
which are either removed from the SIP
or are being approved for removal in
this rulemaking. If Rule 62–297.400,
F.A.C., was left in the Florida SIP, it
would continue to make reference to
SIP-approved rules that no longer exist
in the State’s implementation plan and
could lead to confusion. Since this rule
was previously approved for removal in
the June 16, 1999, rulemaking, EPA is
now removing the aforementioned rule
from the Florida SIP.
IV. 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 Rule 62–297.440, F.A.C.,
entitled ‘‘Supplementary Test
Procedures’’ and Rule 62–297.450,
F.A.C., entitled ‘‘EPA VOC Capture
Efficiency Test Procedures,’’ both state
effective on July 19, 2014. 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’s 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
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be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.5
V. Final Action
EPA is taking direct final action to
approve the aforementioned changes to
the SIP, as submitted to us in Florida’s
February 1, 2017, SIP revision.
Specifically, EPA is approving the
amendments to Rule 62–297.440,
F.A.C., and Rule 62–297.450, F.A.C.,
both state effective on July 19, 2014, as
well as the removal of Rule 62–297.401,
F.A.C., from Florida’s SIP. In addition,
EPA is removing Rule 62–297.400,
F.A.C., from Florida’s SIP as approved
in a previous rulemaking.6 This action
is limited to the two rule revisions and
two rule removals mentioned above and
does not act on other portions of the
February 1, 2017, submittal that are
covered under a separate rulemaking.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective December 12, 2017
without further notice unless the
Agency receives adverse comments by
November 13, 2017. If EPA receives
such comments, then EPA will publish
a document withdrawing the final rule
and informing the public that the rule
will not take effect. All adverse
comments received will then be
addressed in a subsequent final rule
based on the proposed rule. EPA will
not institute a second comment period.
Parties interested in commenting should
do so at this time. If no such comments
are received, the public is advised that
this rule will be effective on December
12, 2017 and no further action will be
taken on the proposed rule. Please note
that if we receive adverse comment on
an amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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.
5 62
FR 27968 (May 22, 1997).
Section III of this rulemaking for details on
Rule 62–297.400.
6 See
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See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 12, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 29, 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 under
‘‘Chapter 62–297 Stationary Sources—
Emissions Monitoring’’ by removing the
entries for ‘‘62–297.400’’ and ‘‘62–
297.401’’ and revising the entries for
‘‘62–297.440’’ and ‘‘62–297.450’’ to read
as follows:
■
§ 52.520
*
Identification of plan.
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(c) * * *
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EPA-APPROVED FLORIDA REGULATIONS
State citation
(section)
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State
effective
date
Title/subject
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Chapter 62–297
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62–297.450 ..........
EPA VOC Capture Efficiency Test
Procedures.
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7/10/2014 10/13/2017, [Insert
publication].
7/10/2014 10/13/2017, [Insert
publication].
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Explanation
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Stationary Sources—Emissions Monitoring
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Supplementary Test Procedures
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EPA approval
date
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
*
*
*
[FR Doc. 2017–22114 Filed 10–12–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0385; FRL–9969–29–
Region 4]
Air Plan Approval: SC: Multiple
Revisions to Air Pollution Control
Standards
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
the August 16, 2017, direct final rule
that approves portions of the South
Carolina state implementation plan
(SIP) revisions for miscellaneous rules
covering air pollution control standards.
EPA will address the comment in a
subsequent final action based upon the
proposed rulemaking action, also
published on August 16, 2017. EPA will
not institute a second comment period
on this action.
DATES: The direct final rule published at
82 FR 38828, on August 16, 2017, is
withdrawn, effective October 13, 2017.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can also be reached via
electronic mail at wong.richard@
epa.gov.
SUMMARY:
On August
16, 2017 (82 FR 38828), EPA published
a direct final rule approving SIP
revisions submitted by the State of
South Carolina, through the South
Carolina Department of Health and
Environmental Control (SC DHEC). EPA
took a direct final action to approve
portions of the October 1, 2007, July 18,
2011, June 17, 2013, August 8, 2014,
August 12, 2015, July 27, 2016, and
November 4, 2016, submissions that
revise Regulation 61–62.5, Standard No.
1—‘‘Emissions From Fuel Burning
Operations’’ and Regulation 61–62.5,
Standard No. 4—‘‘Emissions From
Process Industries.’’
In the direct final rule, EPA explained
that the Agency was publishing the rule
nlaroche on DSK9F9SC42PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:07 Oct 12, 2017
Jkt 244001
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
anticipated no adverse comments.
Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revision should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. It was also
explained that all public comments
received would then be addressed in a
subsequent final rule based on the
proposed rule, and that EPA would not
institute a second comment period on
this action.
EPA received one adverse comment
from a single Commenter on the direct
final rule on both the changes to
Regulation 61–62.5, Standard No. 1 and
to Standard No. 4. As a result of the
comment received, EPA is withdrawing
the direct final rule approving the
aforementioned changes to the South
Carolina SIP at Regulation 61–62.5,
Standard No. 1 and Regulation 61–62.5,
Standard No. 4. EPA will address the
comment in a separate final action
based on the proposed action also
published on August 16, 2017 (82 FR
38874). EPA will not open a second
comment period for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 29, 2017.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
Accordingly, the amendments to 40
CFR 52.2120(c) published on August 16,
2017 (82 FR 38828), which were to
become effective October 16, 2017, are
withdrawn.
■
[FR Doc. 2017–22103 Filed 10–12–17; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–2142–03]
RIN 0648–XF729
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2017
Commercial Accountability Measures
and Closure for South Atlantic Greater
Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial greater amberjack in the
exclusive economic zone (EEZ) of the
South Atlantic. NMFS projects
commercial landings of greater
amberjack will reach the commercial
annual catch limit (ACL) by October 18,
2017. Therefore, NMFS closes the
commercial sector for greater amberjack
in the South Atlantic EEZ on October
18, 2017, and it will remain closed until
the start of the next fishing year on
March 1, 2018. This closure is necessary
to protect the greater amberjack
resource.
SUMMARY:
This rule is effective at 12:01
a.m., local time, October 18, 2017, until
12:01 a.m., local time, March 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes greater amberjack and
is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial ACL for greater
amberjack is equivalent to the
commercial quota. The commercial
quota for greater amberjack in the South
Atlantic is 769,388 lb (348,989 kg),
gutted weight, as specified in 50 CFR
622.190(a)(3).
Under 50 CFR 622.193(k)(1), NMFS is
required to close the commercial sector
DATES:
E:\FR\FM\13OCR1.SGM
13OCR1
]]>Agencies
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47636-47640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22114]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0500; FRL-9969-39-Region 4]
Air Plan Approval; Florida; Stationary Sources Emissions
Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a portion of a State Implementation Plan (SIP)
revision submitted by the State of Florida, through the Florida
Department of Environmental Protection (FDEP) on February 1, 2017, for
the purpose of revising Florida's requirements and procedures for
emissions monitoring at stationary sources. Florida's February 1, 2017,
SIP submittal includes amendments to three Florida Administrative Code
(F.A.C.) rule sections, as well as the removal of one F.A.C. rule
section from the Florida SIP in order to eliminate redundant language
and make updates to the requirements for emissions monitoring at
stationary sources. Additionally, this action includes a correction to
remove an additional F.A.C. rule that was previously approved for
removal from the SIP in a separate action but was never removed. EPA is
taking action on Florida's February 1, 2017, SIP submittal as a direct
final rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. This
action is being taken pursuant to the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective December 12, 2017 without
further notice, unless EPA receives adverse comment by November 13,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0500 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be
[[Page 47637]]
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 via telephone at (404) 562-8966
or via electronic mail febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking today?
On February 1, 2017, FDEP submitted to EPA for adoption a SIP
revision for the purpose of updating Florida's requirements and
procedures for emissions monitoring at stationary sources. Florida's
February 1, 2017, SIP submittal included amendments to three F.A.C.
rule sections and the removal of one F.A.C. rule section from the
Florida SIP.\1\ Specifically, these changes to Florida's rules included
the amendments of Rule 62-297.310, F.A.C.--``General Emissions Test
Requirement;'' \2\ Rule 62-297.440, F.A.C.--``Supplementary Test
Procedures;'' and Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency
Test Procedures.'' In addition, Florida's February 1, 2017, SIP
submittal includes the removal of one of Florida's rule sections from
the SIP. Specifically, Florida requested to remove Rule 62-297.401,
F.A.C.--``Compliance Test Methods'' from the State's implementation
plan because it has been repealed at the state level, and, according to
the submittal, the section is unnecessary, obsolete or duplicative of
other F.A.C. Rules.
---------------------------------------------------------------------------
\1\ Florida Administrative Code, ``62-297,'' for example, is a
rule chapter, and ``62-297.310'' is a rule section, commonly written
as ``Chapter 62-297, F.A.C.,'' and ``Rule 62-297.310, F.A.C.,''
respectively. Throughout this rulemaking, we will use this
nomenclature to refer to rule chapter and rule sections.
\2\ Although referenced in the February 1, 2017, SIP submittal
by the title of ``General Emissions Test Requirements,'' the current
SIP-approved Rule 62-297.310, F.A.C., is titled ``General Test
Requirements.'' The renaming of this Rule is included in the
February 1, 2017, SIP submittal and is being acted on in a separate
rulemaking.
---------------------------------------------------------------------------
Through this rulemaking, EPA is approving the portions of Florida's
February 1, 2017, SIP submittal regarding amendments to Rule 62-
297.440, F.A.C., and Rule 62-297.450, F.A.C., as well as the removal of
Rules 62-297.401, F.A.C., from the State's implementation plan. The
portion of the SIP regarding Rule 62-297.310 is being discussed in a
separate rulemaking that is proposing approval of portions of several
SIP submittals making administrative and recodification changes to
Florida's SIP. See 82 FR 37379 (August 10, 2017).
In addition to the removal of Rule 62-297.401, F.A.C., EPA is
removing Rule 62-297.400, F.A.C.--``EPA Methods Adopted by Reference''
from the Florida SIP. The removal of this rule section was previously
approved by EPA, but was never reflected in Florida's SIP-approved
rules table in 40 CFR 52.520(c). For more detail on the approval to
remove Rule 62-297.400, F.A.C., see the June 16, 1999, rulemaking (64
FR 32346).
II. Analysis of State Submittal
As mentioned in Section I above, Florida submitted to EPA a SIP
revision on February 1, 2017, which includes amendments to three of its
rules to address requirements for emissions monitoring at stationary
sources and proposed to remove one of its SIP-approved rules.
Specifically, Florida proposed amendments to Rules 62-297.310, 62-
297.440, and 62-297.450, F.A.C., and proposed to remove Rule 62-
297.401, F.A.C., from the State's implementation plan. A description of
the changes proposed to these Rules and our analyses of these changes
is included below.
A. Rule 62-297.401, F.A.C.--``Compliance Test Methods''
In its February 1, 2017, SIP submittal, Florida requested that Rule
62-297.401, F.A.C.--``Compliance Test Methods'' be removed from the
State's implementation plan. This rule section listed the air emissions
test methods that were to be used whenever a compliance test was
required by another rule or a permit. These test methods are now
prescribed in each individual rule that requires a compliance test, and
as a result, Rule 62-297.401 is no longer needed as its own separate
list. In addition, Florida incorporates by reference all the necessary
EPA test methods in Rule 62-204.800, F.A.C--``Federal Regulations
Adopted by Reference.'' Consequently, Florida has since repealed Rule
62-297.401, F.A.C., state effective on July 10, 2014. EPA is approving
the removal of the aforementioned rule from Florida's SIP because the
requirements are still in place in other state rules, and we believe
this repealed rule is no longer necessary.
B. Rule 62-297.440, F.A.C.--``Supplementary Test Procedures''
In Florida's February 1, 2017, SIP submittal the State proposed
several revisions to Rule 62-297.440, F.A.C.--``Supplementary Test
Procedures,'' which became state effective on July 10, 2014. This rule
section listed additional testing methods that could be used in
conjunction and as a supplement to all other required test methods. In
its February 1, 2017, SIP submittal, Florida is requesting the removal
of several subsections because they contain test methods that are
either adopted by reference in other rule sections or are now obsolete.
Florida proposed to remove the following subsections from Rule 62-
297.440, F.A.C.: (1)--``ASTM Methods,'' (3)--``American Conference of
Governmental Industrial Hygienists, Recommended Practices--Industrial
Ventilation: A Manual of Recommended Practice--Equipment
Specifications,'' (5)--``Technical Association of Pulp and Paper
Industry (TAPPI), Test Methods,'' (6)--``Sulphur Development Institute
of Canada (SUDIC) Sampling and Testing Sulphur Forms,'' and (7)--``EPA
VOC Capture Efficiency Test Procedures.''
With the exception of the language from subsection (7)--``EPA VOC
Capture Efficiency Test Procedures'' (which are now included in Rule
62-297.450, F.A.C.--``EPA VOC Capture Efficiency Test Procedures''),
all other subsections mentioned in the paragraph above were repealed
because they are obsolete and unnecessary. Given that these test
methods were supplementary and that all required test methods are still
in place and prescribed in each section or permit that requires
testing, as mentioned in Section II.B. above, EPA agrees with the
amendments and is approving the removal of these five subsections from
Rule 62-297.440, F.A.C.
[[Page 47638]]
C. Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency Test
Procedures''
In its February 1, 2017, SIP submittal, Florida proposed several
revisions to Rule 62-297.450, F.A.C--``EPA VOC Capture Efficiency Test
Procedures,'' which became state effective on July 10, 2014. This rule
section lists procedures for determining the capture efficiency of a
VOC capture system. The February 1, 2017, SIP submittal makes
clarifying changes to this rule by reformatting the rule, but did not
change the requirements that had to be met in order to determine the
capture efficiency of a VOC capture system. Some subsections of the
rule were removed, and instead, the State references EPA's Emissions
Measurement Technical Information Center Guideline Document GD-035--
``Guideline for Determining Capture Efficiency,'' January 9, 1995.\3\
In addition, amendments to Rule 62-297.450, F.A.C., add language
removed from subsection 62-297.440(7) mentioned above.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
EPA is approving the changes provided in Florida's February 1,
2017, SIP submittal to Rule 62-297.450, F.A.C., on the basis that these
changes are simply to clarify and simplify the language in the rule,
and are consistent with EPA's VOC capture efficiency test procedure
guidelines, as established in the agency's GD-035 guideline.
III. Removal of 62-297.400 From the Florida SIP
In an April 15, 1996, SIP submittal, Florida requested, among other
things, the removal of several Rule sections from the State's SIP.
Specifically, Florida requested to remove fourteen sections from Rule
Chapter 62-297, F.A.C., including Rules 62-297.400, 62-297.411, 62-
297.412, 62-297.413, 62-297.414, 62-297.415, 62-297.416, 62-297.417,
62-297.418, 62-297.419, 62-297.421, 62-297.422, 62-297.423, and 62-
297.424, F.A.C. In a June 16, 1999 (64 FR 32346), rulemaking, EPA
approved the removal of these Florida rule sections from the State's
SIP at the same time that the agency added a table of SIP-approved
rules at 40 CFR 52.520.\4\ However, when creating this table, EPA
inadvertently included some of the rules that were being removed from
Florida's SIP. The rules that were mistakenly left in the table under
Chapter 62-297, F.A.C., are Rules 62-297.400, 62-297.411, 62-297.412,
62-297.413, 62-297.415, 62-297.416, 62-297.417, and 62-297.423, F.A.C.
---------------------------------------------------------------------------
\4\ The list of EPA-approved regulations in Florida's SIP can be
found in Table (c) of 40 CFR part 52, Subsection 520 [40 CFR
52.520(c)].
---------------------------------------------------------------------------
On November 29, 2012, Florida submitted to EPA a letter requesting
that corrections be made to the table at 40 CFR 52.520(c), including
the removal of those rules that were approved for removal but left in
the table. As a response to the November 29, 2012, letter, EPA
published a Correcting Amendments rulemaking on June 20, 2013 (78 FR
37132), to make the requested corrections to Rule Chapter 62-297 in
table 52.520(c) of the Florida SIP. In the June 20, 2013, correction,
EPA removed all remaining rules that were previously approved for
removal with the exception of Rule 62-297.400, F.A.C.
Although not requested by Florida in their February 1, 2017, SIP
submittal, EPA is making the correction to the table at 40 CFR 52.520
regarding Rule 62-297.400, F.A.C., at this time. At the time of the
repeal of this rule, the latest SIP-approved version of Rule 62-
297.400, F.A.C., included references to Rule 62-297.401, F.A.C., and
Rules 62-297.411 through 62-297.424, F.A.C., which are either removed
from the SIP or are being approved for removal in this rulemaking. If
Rule 62-297.400, F.A.C., was left in the Florida SIP, it would continue
to make reference to SIP-approved rules that no longer exist in the
State's implementation plan and could lead to confusion. Since this
rule was previously approved for removal in the June 16, 1999,
rulemaking, EPA is now removing the aforementioned rule from the
Florida SIP.
IV. 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 Rule 62-
297.440, F.A.C., entitled ``Supplementary Test Procedures'' and Rule
62-297.450, F.A.C., entitled ``EPA VOC Capture Efficiency Test
Procedures,'' both state effective on July 19, 2014. 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's 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.\5\
---------------------------------------------------------------------------
\5\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Final Action
EPA is taking direct final action to approve the aforementioned
changes to the SIP, as submitted to us in Florida's February 1, 2017,
SIP revision. Specifically, EPA is approving the amendments to Rule 62-
297.440, F.A.C., and Rule 62-297.450, F.A.C., both state effective on
July 19, 2014, as well as the removal of Rule 62-297.401, F.A.C., from
Florida's SIP. In addition, EPA is removing Rule 62-297.400, F.A.C.,
from Florida's SIP as approved in a previous rulemaking.\6\ This action
is limited to the two rule revisions and two rule removals mentioned
above and does not act on other portions of the February 1, 2017,
submittal that are covered under a separate rulemaking.
---------------------------------------------------------------------------
\6\ See Section III of this rulemaking for details on Rule 62-
297.400.
---------------------------------------------------------------------------
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective December 12,
2017 without further notice unless the Agency receives adverse comments
by November 13, 2017. If EPA receives such comments, then EPA will
publish a document withdrawing the final rule and informing the public
that the rule will not take effect. All adverse comments received will
then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period. Parties
interested in commenting should do so at this time. If no such comments
are received, the public is advised that this rule will be effective on
December 12, 2017 and no further action will be taken on the proposed
rule. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
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.
[[Page 47639]]
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the CAA. 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 CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 12, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 29, 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 under ``Chapter 62-297 Stationary
Sources--Emissions Monitoring'' by removing the entries for ``62-
297.400'' and ``62-297.401'' and revising the entries for ``62-
297.440'' and ``62-297.450'' to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation (section) Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-297.440.................. Supplementary Test 7/10/2014 10/13/2017, [Insert
Procedures. citation of
publication].
62-297.450.................. EPA VOC Capture 7/10/2014 10/13/2017, [Insert
Efficiency Test citation of
Procedures. publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 47640]]
* * * * *
[FR Doc. 2017-22114 Filed 10-12-17; 8:45 am]
BILLING CODE 6560-50-P
