Air Plan Approval; Florida; Stationary Sources Emissions Monitoring, 13875-13878 [2018-06542]
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13875
Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
Dated: March 21, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding an entry for ‘‘Removal of
Reliance on Reformulated Gasoline in
the Kentucky portion of the CincinnatiHamilton, OH–KY–IN Area’’ at the end
of the table to read as follows:
■
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.
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
Removal of Reliance on ReBoone, Campbell and Kenton
formulated Gasoline in the
Counties (Kentucky portion
Kentucky portion of the Cinof the Cincinnati-Hamilton
cinnati-Hamilton, OH–KY–IN
Area).
Area.
[FR Doc. 2018–06557 Filed 3–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0500; FRL–9976–
17—Region 4]
Air Plan Approval; Florida; Stationary
Sources Emissions Monitoring
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking 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. Specifically,
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 by EPA for
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SUMMARY:
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State
submittal date/
effective date
*
09/13/17
EPA approval date
*
4/2/2018 [Insert citation of
publication].
removal from the SIP but was never
removed. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective May 2,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0500. All documents in the docket
are listed on the www.regulations.gov
website. 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:
Andres Febres, Air Regulatory
Management Section, Air Planning and
PO 00000
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Explanations
*
*
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8966. Mr. Febres can also be
reached via electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking today?
On February 1, 2017, FDEP submitted
to EPA for approval 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
revision includes amendments to three
F.A.C. rule sections and the removal of
one F.A.C. rule section from the Florida
SIP. Specifically, these changes to
Florida’s rules include the amendments
of Rule 62–297.310, F.A.C.—‘‘General
Emissions Test Requirement;’’ 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.
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Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
Through this rulemaking, EPA is
finalizing approval of the portions of
Florida’s February 1, 2017, SIP revision
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 was
previously approved in a separate
rulemaking, which approved several SIP
amendments making administrative and
recodification changes to Florida’s SIP.
See 82 FR 46682 (October 6, 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).
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II. Background
On October 13, 2017, EPA published
a proposed rulemaking (82 FR 47662),
which accompanied a direct final
rulemaking (82 FR 47636) published on
the same date. The proposed rule
proposed to approve the portion of
Florida’s February 1, 2017 SIP revision
described above. It also stated that if
EPA received adverse comment on the
direct final rule, the direct final rule
would be withdrawn and all public
comments received would be addressed
in a subsequent final rule based on the
proposed rule. EPA received 11
comments on the direct final rule, 10 of
which were not relevant to the action.
However, one of those comments was
adverse. As a result, the direct final rule
was subsequently withdrawn. After
considering the adverse comment, EPA
is now taking final action, based on the
proposed rule, on the portion of
Florida’s February 1, 2017 SIP revision
described above.
III. Analysis of Florida’s Submittal
As stated in the proposed rule (82 FR
47662), a detailed rationale for EPA’s
approval of the above-described
portions of Florida’s February 1, 2017
SIP revision is set forth in the preamble
to the direct final rule (82 FR 47636). In
summary, EPA is approving
amendments to Rule 62–297.440, F.A.C.
that remove several subsections which
contain test methods that are either
adopted by reference in other rule
sections or are now obsolete. EPA is
approving amendments to Rule 62–
297.450, F.A.C. because the changes
clarify and simplify the language in the
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rule, and are consistent with EPA’s VOC
capture efficiency test procedure
guidelines, as established in the
agency’s GD–035 guideline. EPA is
approving the removal of Rule 62–
297.401, F.A.C. from Florida’s SIP
because the requirements are still in
place in other state rules and is
unnecessary. Finally, EPA is removing
Rule 62–297.400, F.A.C. from Florida’s
SIP because removal was previously
approved by EPA, but was never
reflected in Florida’s SIP-approved rules
table in 40 CFR 52.520(c).
IV. Response to Comments
Comment: As mentioned above, EPA
received one adverse public comment
on the direct final rule published on
October 13, 2017. The comment is
available for public viewing as a part of
the electronic docket for this
rulemaking.1 In summary, the
Commenter requested EPA to take
additional public comments on these
SIP revisions because the information in
the docket was not fully accessible to
the public during the initial comment
period for this action. A second portion
of the comment was not relevant to the
action being taken by EPA.
Response: EPA subsequently made
the state submittals and related
materials fully accessible to the public
in the electronic docket, and on
December 14, 2017 (82 FR 58790),
reopened the comment period for the
proposed rule that accompanied the
now withdrawn direct final rule. In the
rulemaking reopening the comment
period, EPA explained that it would
accept public comments until January
16, 2018, and that it would address any
comments received in a separate final
action based on the proposed action
published on October 13, 2017 (82 FR
47662). During the reopened comment
period from December 14, 2017, until
January 16, 2018, EPA received an
additional 12 comments, but those
comments were not relevant. The 12
additional comments are included in
the electronic docket for this action.
V. 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
SIP, 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.2
VI. Final Action
EPA is finalizing approval of the
above mentioned changes to the Florida
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.3 This action
is limited to the two rule revisions and
two rule removals mentioned above and
does not act on the portion of the
February 1, 2017, SIP submittal
regarding Rule 62–297.310. As
mentioned in Section I above, the
changes to Rule 62–297.310, were
previously approved in a separate
rulemaking. See 82 FR 46682 (October
6, 2017).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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,
2 62
1 See
Docket Identification No. EPA–R04–OAR–
2017–0500 at www.regulations.gov.
PO 00000
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FR 27968 (May 22, 1997).
Section III of this rulemaking for details on
Rule 62–297.400.
3 See
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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 June 1, 2018. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 15, 2018.
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. In § 52.520 paragraph (c) is
amended under ‘‘Chapter 62–297
Stationary Sources—Emissions
Monitoring’’ by:
■ a. Removing the entries for ‘‘62–
297.400’’ and ‘‘62–297.401;’’ and
■ b. Revising the entries for ‘‘62–
297.440’’ and ‘‘62–297.450’’ to read as
follows:
■
§ 52.520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA REGULATIONS
State citation
(section)
*
Title/subject
*
*
State
effective
date
*
EPA approval date
*
Explanation
*
*
*
*
*
*
Chapter 62–297 Stationary Sources—Emissions Monitoring
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62–297.440 ............................. Supplementary Test Procedures.
62–297.450 ............................. EPA VOC Capture Efficiency
Test Procedures.
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7/10/2014
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[FR Doc. 2018–06542 Filed 3–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2017–0570; FRL–9976–
31—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Maryland; Control of Emissions From
Existing Commercial and Industrial
Solid Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a negative declaration for
existing commercial and industrial solid
waste incineration (CISWI) units within
the State of Maryland. This negative
declaration certifies that CISWI units
subject to the requirements of sections
111(d) and 129 of the Clean Air Act
(CAA) do not exist within the
jurisdictional boundaries of the State of
Maryland. EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
DATES: This rule is effective on May 2,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R03–OAR–2017–0570. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
Sections 111(d) and 129 of the CAA
require states to submit plans to control
certain pollutants (designated
pollutants) at existing solid waste
combustor facilities (designated
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facilities) whenever standards of
performance have been established
under section 111(b) for new sources of
the same type, and EPA has established
emission guidelines (EG) for such
existing sources. CAA section 129
directs EPA to establish standards of
performance for new sources and
emissions guidelines for existing
sources for each category of solid waste
incineration unit. CAA section 129(a)
and (b). According to section 129(a)(4)
of the CAA, EPA also must specify
numerical emissions limitations for
particulate matter (total and fine),
opacity (as appropriate), sulfur dioxide,
hydrogen chloride, oxides of nitrogen,
carbon monoxide, lead, cadmium,
mercury, and dioxins and
dibenzofurans.
If a state fails to submit a satisfactory
plan, the CAA provides EPA the
authority to prescribe a plan for
regulating the designated pollutants at
the designated facilities. EPA prescribed
plan, also known as a federal plan, is
often delegated to states with designated
facilities but no EPA approved statespecific plan. If no such designated
facilities exist within a state’s
jurisdiction, a state may submit to the
EPA a letter of certification to that effect
(referred to as a negative declaration) in
lieu of a state plan to satisfy the state’s
obligation. 40 CFR 60.23(b) and 62.06. A
negative declaration exempts the state
from the requirement to submit a CAA
section 111(d)/section 129 plan for that
designated pollutant and source
category. 40 CFR 60.23(b).
II. State Submittal and EPA Analysis
The Maryland Department of the
Environment (MDE) has determined that
there are no existing CISWI units subject
to the requirements of sections 111(d)
and 129 of the CAA in its respective air
pollution control jurisdiction.
Accordingly, MDE submitted a negative
declaration letter to EPA certifying this
fact on January 20, 2017. A notice of
proposed rulemaking was published in
the Federal Register on February 1,
2018 (83 FR 4621). EPA received three
comments during the public comment
that were not specific nor related to this
action and thus are not addressed here.
The negative declaration letter and
EPA’s notice of proposed rulemaking
are available in the docket for this
rulemaking and online at
www.regulations.gov.
III. Final Action
In this final action, EPA is approving
the negative declaration for CISWI units
submitted by MDE on January 20, 2017
and amending part 62 to reflect receipt
of the negative declaration and
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subsequent approval by EPA. EPA is
accepting the negative declaration in
accordance with the requirements of the
CAA and 40 CFR 60.23(b) and 62.06.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely notifies
the public of EPA receipt of a negative
declaration from an air pollution control
agency without any existing CISWI
units in their jurisdiction. This action
imposes no requirements. Accordingly,
EPA certifies that this rule will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
does not impose any additional
enforceable duty beyond that required
by state law, it 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).
This action also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves the negative declaration for
existing CISWI units from the MDE and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This action also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
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]]>Agencies
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13875-13878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06542]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0500; FRL-9976-17--Region 4]
Air Plan Approval; Florida; Stationary Sources Emissions
Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking 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. Specifically, 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 by EPA for removal from the SIP but was never removed. This
action is being taken pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective May 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0500. All documents in the docket
are listed on the www.regulations.gov website. 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8966. Mr. Febres can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking today?
On February 1, 2017, FDEP submitted to EPA for approval 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 revision includes amendments to three F.A.C. rule
sections and the removal of one F.A.C. rule section from the Florida
SIP. Specifically, these changes to Florida's rules include the
amendments of Rule 62-297.310, F.A.C.--``General Emissions Test
Requirement;'' 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.
[[Page 13876]]
Through this rulemaking, EPA is finalizing approval of the portions
of Florida's February 1, 2017, SIP revision 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 was previously
approved in a separate rulemaking, which approved several SIP
amendments making administrative and recodification changes to
Florida's SIP. See 82 FR 46682 (October 6, 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. Background
On October 13, 2017, EPA published a proposed rulemaking (82 FR
47662), which accompanied a direct final rulemaking (82 FR 47636)
published on the same date. The proposed rule proposed to approve the
portion of Florida's February 1, 2017 SIP revision described above. It
also stated that if EPA received adverse comment on the direct final
rule, the direct final rule would be withdrawn and all public comments
received would be addressed in a subsequent final rule based on the
proposed rule. EPA received 11 comments on the direct final rule, 10 of
which were not relevant to the action. However, one of those comments
was adverse. As a result, the direct final rule was subsequently
withdrawn. After considering the adverse comment, EPA is now taking
final action, based on the proposed rule, on the portion of Florida's
February 1, 2017 SIP revision described above.
III. Analysis of Florida's Submittal
As stated in the proposed rule (82 FR 47662), a detailed rationale
for EPA's approval of the above-described portions of Florida's
February 1, 2017 SIP revision is set forth in the preamble to the
direct final rule (82 FR 47636). In summary, EPA is approving
amendments to Rule 62-297.440, F.A.C. that remove several subsections
which contain test methods that are either adopted by reference in
other rule sections or are now obsolete. EPA is approving amendments to
Rule 62-297.450, F.A.C. because the changes 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. EPA is approving the removal of Rule 62-297.401,
F.A.C. from Florida's SIP because the requirements are still in place
in other state rules and is unnecessary. Finally, EPA is removing Rule
62-297.400, F.A.C. from Florida's SIP because removal was previously
approved by EPA, but was never reflected in Florida's SIP-approved
rules table in 40 CFR 52.520(c).
IV. Response to Comments
Comment: As mentioned above, EPA received one adverse public
comment on the direct final rule published on October 13, 2017. The
comment is available for public viewing as a part of the electronic
docket for this rulemaking.\1\ In summary, the Commenter requested EPA
to take additional public comments on these SIP revisions because the
information in the docket was not fully accessible to the public during
the initial comment period for this action. A second portion of the
comment was not relevant to the action being taken by EPA.
---------------------------------------------------------------------------
\1\ See Docket Identification No. EPA-R04-OAR-2017-0500 at
www.regulations.gov.
---------------------------------------------------------------------------
Response: EPA subsequently made the state submittals and related
materials fully accessible to the public in the electronic docket, and
on December 14, 2017 (82 FR 58790), reopened the comment period for the
proposed rule that accompanied the now withdrawn direct final rule. In
the rulemaking reopening the comment period, EPA explained that it
would accept public comments until January 16, 2018, and that it would
address any comments received in a separate final action based on the
proposed action published on October 13, 2017 (82 FR 47662). During the
reopened comment period from December 14, 2017, until January 16, 2018,
EPA received an additional 12 comments, but those comments were not
relevant. The 12 additional comments are included in the electronic
docket for this action.
V. 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 SIP, 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.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Final Action
EPA is finalizing approval of the above mentioned changes to the
Florida 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.\3\ This action
is limited to the two rule revisions and two rule removals mentioned
above and does not act on the portion of the February 1, 2017, SIP
submittal regarding Rule 62-297.310. As mentioned in Section I above,
the changes to Rule 62-297.310, were previously approved in a separate
rulemaking. See 82 FR 46682 (October 6, 2017).
---------------------------------------------------------------------------
\3\ See Section III of this rulemaking for details on Rule 62-
297.400.
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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,
[[Page 13877]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 June 1, 2018. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 15, 2018.
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. In Sec. 52.520 paragraph (c) is amended under ``Chapter 62-297
Stationary Sources--Emissions Monitoring'' by:
0
a. Removing the entries for ``62-297.400'' and ``62-297.401;'' and
0
b. 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 date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-297.440....................... Supplementary Test 7/10/2014 4/2/2018 [Insert ...................
Procedures. citation of
publication].
62-297.450....................... EPA VOC Capture 7/10/2014 4/2/2018, [Insert ...................
Efficiency Test citation of
Procedures. publication].
* * * * * * *
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[[Page 13878]]
* * * * *
[FR Doc. 2018-06542 Filed 3-30-18; 8:45 am]
BILLING CODE 6560-50-P
