Air Plan Approval and Designation of Areas; FL; Redesignation of the Hillsborough County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment, 60927-60931 [2019-23375]
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Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Rules and Regulations
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
enforceable duty on any state, local or
tribal governments, or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, tribes, or the
relationship between the national
government and the states and tribes, or
on the distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. Four tribes have
areas of Indian country within or
directly adjacent to the Phoenix NAA:
Fort McDowell Yavapai Nation, Gila
River Indian Community, Salt River
Pima-Maricopa Indian Community of
the Salt River Reservation, and the
Tohono O’odham Nation of Arizona.
The EPA sent letters to potentially
affected tribes located within or directly
adjacent to the boundaries of the
Phoenix NAA informing them of our
proposed action and offering
consultation.52 We did not receive any
requests for consultation.
H. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
52 See letters from Elizabeth Adams, EPA Region
IX Air and Radiation Division Director, to tribal
officials, dated June 13, 2019.
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J. National Technology Transfer
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations. The results of this
evaluation are contained in the section
of the preamble titled ‘‘Environmental
Justice Considerations.’’
L. Congressional Review Act (CRA)
The CRA, 5 U.S.C. 801 et seq., as
added by the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 13, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: October 21, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations 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 D—Arizona
■
2. Add § 52.153 to read as follows:
§ 52.153
Ozone.
Control strategy and regulations:
(a) Determination of attainment by the
attainment date. Effective December 12,
2019 the EPA has determined that the
Phoenix-Mesa Moderate nonattainment
area in Arizona attained the 2008 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of July 20, 2018, based
upon complete, quality-assured, and
certified data for the calendar years
2015–2017. The EPA has also
determined that the requirement of
section 172(c)(9) to provide for
contingency measures to be
implemented in the event the area fails
to attain by its attainment date for the
2008 8-hour NAAQS does not apply to
the area.
(b) [Reserved]
[FR Doc. 2019–23829 Filed 11–8–19; 8:45 am]
BILLING CODE 6560–50–P
M. Judicial Review
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0552; FRL–10001–
35–Region 4]
Air Plan Approval and Designation of
Areas; FL; Redesignation of the
Hillsborough County 2010 1-Hour
Sulfur Dioxide Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In a letter dated June 7, 2018,
the State of Florida, through the Florida
Department of Environmental Protection
(FDEP), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Hillsborough County
sulfur dioxide (SO2) nonattainment area
(hereinafter referred to as the
SUMMARY:
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‘‘Hillsborough County Area’’ or ‘‘Area’’)
to attainment for the 2010 1-hour SO2
primary national ambient air quality
standard (NAAQS) and to approve an
accompanying state implementation
plan (SIP) revision containing a
maintenance plan for the Area. Through
a letter dated April 16, 2019, FDEP
submitted a revision to the June 7, 2018,
redesignation request and SIP revision
asking EPA to incorporate certain
conditions into the SIP from a recent
permit revision applicable to the Tampa
Electric Company—Big Bend Station
(Big Bend) power plant. EPA is taking
final action: To determine that the
Hillsborough County Area attained the
2010 1-hour SO2 NAAQS by its
applicable attainment date of October 4,
2018; to approve the SIP revision
containing the State’s plan for
maintaining attainment of the 2010 1hour SO2 standard and to incorporate
the maintenance plan into the SIP; to
redesignate the Hillsborough County
Area to attainment for the 2010 1-hour
SO2 NAAQS; and to incorporate into the
SIP certain permitting conditions
applicable to Big Bend, including a
condition that lowers the SO2 emissions
cap and a condition that restricts fuel
use at two electric generating units to
natural gas.
DATES: This rule will be effective
December 12, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0552. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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 and Radiation 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:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
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Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Sanchez may be reached by phone
at (404) 562–9644 or via electronic mail
at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for the
actions?
On June 2, 2010, EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22,
2010). Under EPA’s regulations at 40
CFR part 50, the 2010 1-hour SO2
NAAQS is met at a monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations is less than
or equal to 75 ppb (based on the
rounding convention in 40 CFR part 50,
appendix T). See 40 CFR 50.17.
Ambient air quality monitoring data for
the 3-year period must meet a data
completeness requirement. A year meets
data completeness requirements when
all four quarters are complete, and a
quarter is complete when at least 75
percent of the sampling days for each
quarter have complete data. A sampling
day has complete data if 75 percent of
the hourly concentration values,
including state-flagged data affected by
exceptional events which have been
approved for exclusion by the
Administrator, are reported.1
Upon promulgation of a new or
revised NAAQS, the Clean Air Act
(CAA or Act) requires EPA to designate
as nonattainment any area that does not
meet (or that contributes to ambient air
quality in a nearby area that does not
meet) the NAAQS. EPA designated the
Hillsborough County Area as
nonattainment for the 2010 1-hour SO2
NAAQS, effective on October 4, 2013,
using 2009–2011 complete, quality
assured, and certified ambient air
quality data. See 78 FR 47191 (August
5, 2013). The Hillsborough County Area
is comprised of the portion of
Hillsborough County encompassed by
the polygon with the vertices using
Universal Traverse Mercator (UTM)
coordinates in UTM zone 17 with datum
NAD83 as follows: (1) Vertices-UTM
Easting (m) 358581, UTM Northing
3076066; (2) vertices-UTM Easting (m)
355673, UTM Northing 3079275; (3)
UTM Easting (m) 360300, UTM
Northing 3086380; (4) vertices-UTM
Easting (m) 366850, UTM Northing
3086692; (5) vertices-UTM Easting (m)
368364, UTM Northing 3083760; and (6)
vertices-UTM Easting (m) 365708, UTM
1 See
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40 CFR part 50, appendix T, section 3(b).
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Northing 3079121. Under the CAA,
nonattainment areas must attain the
NAAQS as expeditiously as practicable
but not later than five years after the
October 4, 2013, effective date of the
designation. See CAA section 192(a).
Therefore, the Hillsborough County
Area’s applicable attainment date was
no later than October 4, 2018.
EPA’s 2010 SO2 nonattainment
designation for the Area triggered an
obligation for Florida to develop a
nonattainment SIP revision addressing
certain requirements under title I, part
D, subpart 1 (hereinafter ‘‘Subpart 1’’),
and to submit that SIP revision to EPA
in accordance with the deadlines in title
I, part D, subpart 5 (hereinafter ‘‘Subpart
5’’). Subpart 1 contains the general
requirements for nonattainment areas
for criteria pollutants, including
requirements to develop a SIP that
provides for the implementation of
reasonably available control measures
(RACM), requires reasonable further
progress (RFP), includes base-year and
attainment-year emissions inventories, a
SIP-approved nonattainment new
source review (NNSR) permitting
program that accounts for growth in the
area, enforceable emission limitations
and other such control measures, and
provides for the implementation of
contingency measures. This SIP revision
was due within 18 months following the
October 4, 2013, effective date of
designation (i.e., April 4, 2015). See
CAA section 191(a). Florida submitted a
nonattainment SIP revision to EPA on
April 3, 2015.
On July 3, 2017 (82 FR 30749), EPA
approved Florida’s April 3, 2015, SO2
nonattainment SIP revision. This SIP
revision provided a modeled attainment
demonstration and satisfied the required
nonattainment planning requirements
mentioned above for the Hillsborough
County Area. The revision included a
base year emissions inventory, a
modeling demonstration of attainment
for the 2010 SO2 NAAQS, RACM/
Reasonable Available Control
Technology (RACT), an RFP plan, a
NNSR permitting program, and
contingency measures for the
Hillsborough County Area.
As part of that action, EPA
incorporated into the Florida SIP
specified SO2 emissions caps,
compliance monitoring, and
recordkeeping and reporting
requirements for emission units at the
Mosaic Fertilizer, LLC Riverview facility
(Permit No. 0570008–080–AC, issued on
January 15, 2015) and Big Bend (Permit
No. 0570039–074–AC, issued on
February 26, 2015). Florida based its
modeled attainment demonstration,
submitted with its April 3, 2015,
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nonattainment SIP revision, on these
conditions. Big Bend has four emission
units (EUs 1 through 4), and Big Bend’s
permit placed an SO2 emissions cap on
all four units at 3,162 pounds per hour
(lb/hr) on a 30-day boiler operating day
average. To demonstrate compliance
with the four-unit cap, Permit No.
0570039–074–AC required each unit to
monitor SO2 emissions with a
continuous emission monitoring system
(CEMS).
On December 14, 2018, Florida issued
a final air construction permit to Big
Bend (Permit No. 0570039–120–AC)
that, among other things, lowers the
four-unit emissions cap from 3,162 lb/
hr to 2,156 lb/hr; restricts EUs 1 and 2
to only burn natural gas; and since the
amount of sulfur in natural gas is
negligible, authorizes the removal of the
SO2 CEMS for EUs 1 and 2 and requires
monitoring for these two units in
accordance with the calculation method
allowed for gas-fired acid rain units in
40 CFR part 75 to demonstrate
compliance with the lowered emissions
cap.2 EUs 1 and 2 share a stack and a
flue gas desulfurization (FGD) system to
control SO2. Permit No. 0570039–074–
AC required certified CEMS as the
method of SO2 emissions monitoring
and compliance for EUs 1 and 2.
However, with the restriction on EUs 1
and 2 to burn natural gas in the revised
permit, the new method of monitoring
and compliance for EUs 1 and 2 utilizes
the protocol in 40 CFR part 75,
Appendix D to determine the hourly
SO2 emission rate from each unit. EUs
3 and 4 continue to certify compliance
with the emissions cap through use of
CEMS. Therefore, Big Bend will
demonstrate compliance of the lowered
four-unit emissions cap through a
combination of 40 CFR part 75,
Appendix D (EUs 1 and 2) and SO2
CEMS data (EUs 3 and 4). As required
by 40 CFR part 75, Appendix D, section
2.1, Big Bend will measure and record
the hourly flow rate of natural gas
combusted by EUs 1 and 2 with an inline fuel flowmeter. The pounds-perhour SO2 emission rates for each of
these two units will then be calculated
by using the equation provided in 40
CFR part 75, Appendix D, section 3.3.1,
along with the measured hourly natural
gas flow rate to each unit and the
vendor certified sulfur content of the
combusted natural gas.
On June 7, 2018,3 Florida submitted a
request to EPA to redesignate the
2 Florida incorporated the conditions applicable
to Big Bend from Permit No. 0570039–120–AC into
the facility’s Title V operating permit on February
8, 2019.
3 The June 7, 2018, submission was received by
EPA on June 12, 2018.
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Hillsborough County Area to attainment
for the 2010 1-hour SO2 NAAQS and a
related SIP revision containing a
maintenance plan for the Area. On April
16, 2019, FDEP submitted a revision to
the June 7, 2018, redesignation request
and SIP revision asking EPA to
incorporate into the SIP certain permit
conditions established in Permit No.
0570039–120–AC.4 As noted below,
some of these conditions replace
conditions that EPA incorporated into
the SIP from Permit No. 0570039–074–
AC in the Agency’s July 3, 2017 action
approving the State’s nonattainment
SIP. The conditions identified for
incorporation into the SIP from Permit
No. 0570039–120–AC are: (1) Section 2,
Condition 4 (new)—describing the 40
CFR part 75, Appendix D monitoring
methodology and compliance
requirements for EUs 1 and 2; (2) the
‘‘SO2 Emissions Cap’’ provision from
Section 3, Condition 4 (replacement)—
setting a four-unit emissions cap of
2,156 lb/hr averaged over a 30-day
boiler operating day, requiring that EUs
1 and 2 demonstrate compliance with
the cap by monitoring natural gas fuel
flow and following the procedures in
Appendix D to 40 CFR 75 to determine
SO2 mass emissions, and requiring that
EUs 3 and 4 demonstrate compliance
with the cap through CEMS; (3) the
‘‘SO2 CEMS’’ provision from Section 3,
Condition 4 (replacement)—requiring
EUs 3 and 4 to use CEMS to
demonstrate compliance with the cap
and to meet the quality assurance and
quality control requirements outlined in
the facility’s title V permit; and (4) the
‘‘Methods of Operation’’ for Units 1 and
2 provision from Section 3, Condition 6
(new)—restricting EUs 1 and 2 to
burning only natural gas from a
federally regulated pipeline. In a notice
of proposed rulemaking (NPRM)
published on July 31, 2019 (84 FR
37173), EPA proposed to determine that
the Area attained the 2010 1-hour SO2
NAAQS by its attainment date of
October 4, 2018; to approve the
maintenance plan for the Area as
meeting the maintenance plan
requirements of CAA section 175A and
to incorporate it into the SIP; to approve
Florida’s request for redesignation of the
Area from nonattainment to attainment
for the 2010 1-hour SO2 NAAQS as
meeting the redesignation requirements
of CAA section 107(d)(3)(E); and to
incorporate into the SIP the
aforementioned permitting conditions
applicable to Big Bend. No comments
were received on the July 31, 2019,
proposed rulemaking. The details of
4 The April 19. 2019, submission was received by
EPA on April 25, 2019.
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60929
Florida’s submittal and the rationale for
EPA’s actions are further explained in
the NPRM, including the modeled
attainment demonstration and
consideration of SO2 ambient air
monitoring data trends in the area to
determine attainment with the 2010 1hour SO2 NAAQS.
II. What are the effects of these actions?
Approval of the redesignation request
changes the legal designation of the
Hillsborough County Area, found at 40
CFR 81.310, from nonattainment to
attainment for the 2010 1-hour SO2
NAAQS. Approval of Florida’s
associated SIP revision also incorporates
a plan into the SIP for maintaining the
2010 1-hour SO2 NAAQS in the
Hillsborough County Area as described
in the NPRM. The CAA section 175A
maintenance plan also establishes
contingency measures to remedy any
future violations of the 2010 1-hour SO2
NAAQS and procedures for evaluation
of potential violations. The Area is
required to implement this maintenance
plan and the prevention of significant
deterioration program for the 2010
1-hour SO2 NAAQS. The approved
maintenance plan can only be revised if
the revision meets the requirements of
CAA section 110(l) and, if applicable,
CAA section 193. Approval of the SIP
revision also incorporates into the SIP
certain permitting conditions applicable
to Big Bend, making them permanent
and federally enforceable.
III. 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 into Florida’s SIP the
following conditions from Air Permit
No. 0570039–120–AC issued by FDEP to
Big Bend with an effective date of
December 14, 2018, related to an SO2
emissions cap and fuel restriction at the
facility and associated compliance
monitoring, recordkeeping, and
reporting requirements: 5 (1) Section 2,
Condition 4; (2) the ‘‘SO2 Emissions
Cap’’ provision from Section 3,
Condition 4; 6 (3) the ‘‘SO2 CEMS’’
5 For additional information regarding these
permit conditions, see Section I, above, and Section
V of the NPRM.
6 In its April 16, 2019, submittal, Florida
identifies this provision as ‘‘Section 3, Subsection
B, Specific Condition 2’’; however, it is contained
under the heading ‘‘4. Permit Being Modified:
Permit No. 0570039–096–AC’’ in Section 3 of
Permit No. 0570039–120–AC. See Section V of the
NPRM for additional information.
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provision from Section 3, Condition 4; 7
and (4) the ‘‘Methods of Operation’’ for
Units 1 and 2 provision from Section 3,
Condition 6.8 Therefore, these material
have been approved by EPA for
inclusion in the state implementation
plan, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.9
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
IV. Final Action
EPA is taking final actions regarding
Florida’s request to redesignate the
Hillsborough County Area to attainment
for the 2010 1-hour SO2 NAAQS and
associated SIP revision. EPA is
determining that the Hillsborough
County Area attained the 2010 1-hour
SO2 NAAQS by its applicable
attainment date of October 4, 2018. EPA
is also approving the SIP revision
containing the State’s plan for
maintaining attainment of the 2010 1hour SO2 standard and incorporating
the maintenance plan into the SIP. EPA
is approving Florida’s redesignation
request and redesignating the
Hillsborough County Area to attainment
for the 2010 1-hour SO2 NAAQS.
Finally, EPA is incorporating the
aforementioned permit conditions for
Big Bend into the SIP. As mentioned
above, approval of the redesignation
request changes the official designation
of the Hillsborough County Area from
nonattainment to attainment, as found
in 40 CFR part 81.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
7 In its April 16, 2019, submittal, Florida
identifies this provision as ‘‘Section 3, Subsection
B, Specific Condition 3; however, it is contained
under the heading ‘‘4. Permit Being Modified:
Permit No. 0570039–096–AC’’ in Section 3 of
Permit No. 0570039–120–AC. See Section V of the
NPRM for additional information.
8 In its April 16, 2019, submittal, Florida
identifies this provision as ‘‘Section 3, Subsection
A, Specific Condition 3a; however, it is contained
under the heading ‘‘6. Permits Being Modified:
Permit Nos. 0570039–066–AC & 109–AC’’ in
Section 3 of Permit No. 0570039–120–AC. See
Section V of the NPRM for additional information.
9 See 62 FR 27968 (May 22, 1997).
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107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
Federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these actions:
• Are not significant regulatory
actions 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);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because redesignations and SIP
approvals are exempted under
Executive Order 12866;
• Do not impose information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
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under Executive Order 12898 (59 FR
7629, February 16, 1994).
These actions are 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 January 13, 2020. 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur dioxide, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: October 10, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended
as follows:
E:\FR\FM\12NOR1.SGM
12NOR1
Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart K—Florida
2. Section 52.520 is amended by:
a. In paragraph (d), revising the entry
for ‘‘Tampa Electric Company—Big
Bend Station’’ Air Permit No. 0570039–
074–AC,
■ b. In paragraph (d), adding a new
entry for ‘‘Tampa Electric Company—
■
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
60931
Big Bend Station’’ at the end of the
table, and
■ c. In paragraph (e), adding a new entry
for ‘‘2010 1-hour SO2 Maintenance Plan
for the Hillsborough Area’’ at the end of
the table to read as follows.
§ 52.520
*
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS
Name of source
State
effective
date
Permit No.
*
Tampa Electric Company-Big
Bend Station.
*
Air Permit No. 0570039–
074–AC.
*
*
Tampa Electric Company-Big
Bend Station.
*
Air Permit No. 0570039–
120–AC.
*
EPA approval date
2/26/2015
12/14/2018
Explanation
*
*
7/3/2017, 82 FR 30749 ......
*
*
Only Section 3, Subsection B, Condition 5.
*
*
11/12/2019 [Insert citation
of publication].
*
*
Only Section 2, Condition 4; the ‘‘SO2 Emissions Cap’’
provision from Section 3, Condition 4; the ‘‘SO2
CEMS’’ provision from Section 3, Condition 4; and
the ‘‘Methods of Operation’’ for Units 1 and 2 provision from Section 3, Condition 6.
(e) ‘‘
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
2010 1-hour SO2 Maintenance
Plan for the Hillsborough
Area.
EPA
approval
date
*
6/7/2018
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
*
11/12/2019
Federal Register, notice
*
[Insert citation of publication].
Explanation
*
Authority: 42 U.S.C. 7401 et seq.
4. In § 81.310, the table entitled
‘‘Florida-2010 Sulfur Dioxide NAAQS
(Primary)’’ is amended by revising the
■
*
*
entry for ‘‘Hillsborough County, FL’’ to
read as follows:
§ 81.310
*
Florida.
*
*
*
*
FLORIDA-2010 SULFUR DIOXIDE NAAQS (PRIMARY)
Designation
Designated area
FL 2
Hillsborough County,
..........................................................................................................................................................................
Hillsborough County (part).
That portion of Hillsborough County encompassed by the polygon with the vertices using Universal Traverse Mercator
(UTM) coordinates in UTM zone 17 with datum NAD83 as follows: (1) Vertices-UTM Easting (m) 358581, UTM Northing
3076066; (2) vertices-UTM Easting (m) 355673, UTM Northing 3079275; (3) UTM Easting (m) 360300, UTM Northing
3086380; (4) vertices-UTM Easting (m) 366850, UTM Northing 3086692; (5) vertices-UTM Easting (m) 368364, UTM
Northing 3083760; and (6) vertices-UTM Easting (m) 365708, UTM Northing 3079121.
*
*
*
*
*
*
1 This
Date 1
Type
12/12/2019
Attainment
*
date is 4/9/2018, unless otherwise noted.
2 Excludes Indian country located in each area, if any, unless otherwise specified.
3 Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this
table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
*
*
*
*
*
[FR Doc. 2019–23375 Filed 11–8–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Rules and Regulations]
[Pages 60927-60931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23375]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0552; FRL-10001-35-Region 4]
Air Plan Approval and Designation of Areas; FL; Redesignation of
the Hillsborough County 2010 1-Hour Sulfur Dioxide Nonattainment Area
to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In a letter dated June 7, 2018, the State of Florida, through
the Florida Department of Environmental Protection (FDEP), submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Hillsborough County sulfur dioxide (SO2) nonattainment
area (hereinafter referred to as the
[[Page 60928]]
``Hillsborough County Area'' or ``Area'') to attainment for the 2010 1-
hour SO2 primary national ambient air quality standard
(NAAQS) and to approve an accompanying state implementation plan (SIP)
revision containing a maintenance plan for the Area. Through a letter
dated April 16, 2019, FDEP submitted a revision to the June 7, 2018,
redesignation request and SIP revision asking EPA to incorporate
certain conditions into the SIP from a recent permit revision
applicable to the Tampa Electric Company--Big Bend Station (Big Bend)
power plant. EPA is taking final action: To determine that the
Hillsborough County Area attained the 2010 1-hour SO2 NAAQS
by its applicable attainment date of October 4, 2018; to approve the
SIP revision containing the State's plan for maintaining attainment of
the 2010 1-hour SO2 standard and to incorporate the
maintenance plan into the SIP; to redesignate the Hillsborough County
Area to attainment for the 2010 1-hour SO2 NAAQS; and to
incorporate into the SIP certain permitting conditions applicable to
Big Bend, including a condition that lowers the SO2
emissions cap and a condition that restricts fuel use at two electric
generating units to natural gas.
DATES: This rule will be effective December 12, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0552. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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 and Radiation 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: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Sanchez may be
reached by phone at (404) 562-9644 or via electronic mail at
san[email protected].
SUPPLEMENTARY INFORMATION:
I. What is the background for the actions?
On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA's regulations
at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a
monitoring site when the 3-year average of the annual 99th percentile
of daily maximum 1-hour average concentrations is less than or equal to
75 ppb (based on the rounding convention in 40 CFR part 50, appendix
T). See 40 CFR 50.17. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. A year meets
data completeness requirements when all four quarters are complete, and
a quarter is complete when at least 75 percent of the sampling days for
each quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including state-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\1\
---------------------------------------------------------------------------
\1\ See 40 CFR part 50, appendix T, section 3(b).
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA
or Act) requires EPA to designate as nonattainment any area that does
not meet (or that contributes to ambient air quality in a nearby area
that does not meet) the NAAQS. EPA designated the Hillsborough County
Area as nonattainment for the 2010 1-hour SO2 NAAQS,
effective on October 4, 2013, using 2009-2011 complete, quality
assured, and certified ambient air quality data. See 78 FR 47191
(August 5, 2013). The Hillsborough County Area is comprised of the
portion of Hillsborough County encompassed by the polygon with the
vertices using Universal Traverse Mercator (UTM) coordinates in UTM
zone 17 with datum NAD83 as follows: (1) Vertices-UTM Easting (m)
358581, UTM Northing 3076066; (2) vertices-UTM Easting (m) 355673, UTM
Northing 3079275; (3) UTM Easting (m) 360300, UTM Northing 3086380; (4)
vertices-UTM Easting (m) 366850, UTM Northing 3086692; (5) vertices-UTM
Easting (m) 368364, UTM Northing 3083760; and (6) vertices-UTM Easting
(m) 365708, UTM Northing 3079121. Under the CAA, nonattainment areas
must attain the NAAQS as expeditiously as practicable but not later
than five years after the October 4, 2013, effective date of the
designation. See CAA section 192(a). Therefore, the Hillsborough County
Area's applicable attainment date was no later than October 4, 2018.
EPA's 2010 SO2 nonattainment designation for the Area
triggered an obligation for Florida to develop a nonattainment SIP
revision addressing certain requirements under title I, part D, subpart
1 (hereinafter ``Subpart 1''), and to submit that SIP revision to EPA
in accordance with the deadlines in title I, part D, subpart 5
(hereinafter ``Subpart 5''). Subpart 1 contains the general
requirements for nonattainment areas for criteria pollutants, including
requirements to develop a SIP that provides for the implementation of
reasonably available control measures (RACM), requires reasonable
further progress (RFP), includes base-year and attainment-year
emissions inventories, a SIP-approved nonattainment new source review
(NNSR) permitting program that accounts for growth in the area,
enforceable emission limitations and other such control measures, and
provides for the implementation of contingency measures. This SIP
revision was due within 18 months following the October 4, 2013,
effective date of designation (i.e., April 4, 2015). See CAA section
191(a). Florida submitted a nonattainment SIP revision to EPA on April
3, 2015.
On July 3, 2017 (82 FR 30749), EPA approved Florida's April 3,
2015, SO2 nonattainment SIP revision. This SIP revision
provided a modeled attainment demonstration and satisfied the required
nonattainment planning requirements mentioned above for the
Hillsborough County Area. The revision included a base year emissions
inventory, a modeling demonstration of attainment for the 2010
SO2 NAAQS, RACM/Reasonable Available Control Technology
(RACT), an RFP plan, a NNSR permitting program, and contingency
measures for the Hillsborough County Area.
As part of that action, EPA incorporated into the Florida SIP
specified SO2 emissions caps, compliance monitoring, and
recordkeeping and reporting requirements for emission units at the
Mosaic Fertilizer, LLC Riverview facility (Permit No. 0570008-080-AC,
issued on January 15, 2015) and Big Bend (Permit No. 0570039-074-AC,
issued on February 26, 2015). Florida based its modeled attainment
demonstration, submitted with its April 3, 2015,
[[Page 60929]]
nonattainment SIP revision, on these conditions. Big Bend has four
emission units (EUs 1 through 4), and Big Bend's permit placed an
SO2 emissions cap on all four units at 3,162 pounds per hour
(lb/hr) on a 30-day boiler operating day average. To demonstrate
compliance with the four-unit cap, Permit No. 0570039-074-AC required
each unit to monitor SO2 emissions with a continuous
emission monitoring system (CEMS).
On December 14, 2018, Florida issued a final air construction
permit to Big Bend (Permit No. 0570039-120-AC) that, among other
things, lowers the four-unit emissions cap from 3,162 lb/hr to 2,156
lb/hr; restricts EUs 1 and 2 to only burn natural gas; and since the
amount of sulfur in natural gas is negligible, authorizes the removal
of the SO2 CEMS for EUs 1 and 2 and requires monitoring for
these two units in accordance with the calculation method allowed for
gas-fired acid rain units in 40 CFR part 75 to demonstrate compliance
with the lowered emissions cap.\2\ EUs 1 and 2 share a stack and a flue
gas desulfurization (FGD) system to control SO2. Permit No.
0570039-074-AC required certified CEMS as the method of SO2
emissions monitoring and compliance for EUs 1 and 2. However, with the
restriction on EUs 1 and 2 to burn natural gas in the revised permit,
the new method of monitoring and compliance for EUs 1 and 2 utilizes
the protocol in 40 CFR part 75, Appendix D to determine the hourly
SO2 emission rate from each unit. EUs 3 and 4 continue to
certify compliance with the emissions cap through use of CEMS.
Therefore, Big Bend will demonstrate compliance of the lowered four-
unit emissions cap through a combination of 40 CFR part 75, Appendix D
(EUs 1 and 2) and SO2 CEMS data (EUs 3 and 4). As required
by 40 CFR part 75, Appendix D, section 2.1, Big Bend will measure and
record the hourly flow rate of natural gas combusted by EUs 1 and 2
with an in-line fuel flowmeter. The pounds-per-hour SO2
emission rates for each of these two units will then be calculated by
using the equation provided in 40 CFR part 75, Appendix D, section
3.3.1, along with the measured hourly natural gas flow rate to each
unit and the vendor certified sulfur content of the combusted natural
gas.
---------------------------------------------------------------------------
\2\ Florida incorporated the conditions applicable to Big Bend
from Permit No. 0570039-120-AC into the facility's Title V operating
permit on February 8, 2019.
---------------------------------------------------------------------------
On June 7, 2018,\3\ Florida submitted a request to EPA to
redesignate the Hillsborough County Area to attainment for the 2010 1-
hour SO2 NAAQS and a related SIP revision containing a
maintenance plan for the Area. On April 16, 2019, FDEP submitted a
revision to the June 7, 2018, redesignation request and SIP revision
asking EPA to incorporate into the SIP certain permit conditions
established in Permit No. 0570039-120-AC.\4\ As noted below, some of
these conditions replace conditions that EPA incorporated into the SIP
from Permit No. 0570039-074-AC in the Agency's July 3, 2017 action
approving the State's nonattainment SIP. The conditions identified for
incorporation into the SIP from Permit No. 0570039-120-AC are: (1)
Section 2, Condition 4 (new)--describing the 40 CFR part 75, Appendix D
monitoring methodology and compliance requirements for EUs 1 and 2; (2)
the ``SO2 Emissions Cap'' provision from Section 3,
Condition 4 (replacement)--setting a four-unit emissions cap of 2,156
lb/hr averaged over a 30-day boiler operating day, requiring that EUs 1
and 2 demonstrate compliance with the cap by monitoring natural gas
fuel flow and following the procedures in Appendix D to 40 CFR 75 to
determine SO2 mass emissions, and requiring that EUs 3 and 4
demonstrate compliance with the cap through CEMS; (3) the
``SO2 CEMS'' provision from Section 3, Condition 4
(replacement)--requiring EUs 3 and 4 to use CEMS to demonstrate
compliance with the cap and to meet the quality assurance and quality
control requirements outlined in the facility's title V permit; and (4)
the ``Methods of Operation'' for Units 1 and 2 provision from Section
3, Condition 6 (new)--restricting EUs 1 and 2 to burning only natural
gas from a federally regulated pipeline. In a notice of proposed
rulemaking (NPRM) published on July 31, 2019 (84 FR 37173), EPA
proposed to determine that the Area attained the 2010 1-hour
SO2 NAAQS by its attainment date of October 4, 2018; to
approve the maintenance plan for the Area as meeting the maintenance
plan requirements of CAA section 175A and to incorporate it into the
SIP; to approve Florida's request for redesignation of the Area from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS as
meeting the redesignation requirements of CAA section 107(d)(3)(E); and
to incorporate into the SIP the aforementioned permitting conditions
applicable to Big Bend. No comments were received on the July 31, 2019,
proposed rulemaking. The details of Florida's submittal and the
rationale for EPA's actions are further explained in the NPRM,
including the modeled attainment demonstration and consideration of
SO2 ambient air monitoring data trends in the area to
determine attainment with the 2010 1-hour SO2 NAAQS.
---------------------------------------------------------------------------
\3\ The June 7, 2018, submission was received by EPA on June 12,
2018.
\4\ The April 19. 2019, submission was received by EPA on April
25, 2019.
---------------------------------------------------------------------------
II. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the Hillsborough County Area, found at 40 CFR 81.310, from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
Approval of Florida's associated SIP revision also incorporates a plan
into the SIP for maintaining the 2010 1-hour SO2 NAAQS in
the Hillsborough County Area as described in the NPRM. The CAA section
175A maintenance plan also establishes contingency measures to remedy
any future violations of the 2010 1-hour SO2 NAAQS and
procedures for evaluation of potential violations. The Area is required
to implement this maintenance plan and the prevention of significant
deterioration program for the 2010 1-hour SO2 NAAQS. The
approved maintenance plan can only be revised if the revision meets the
requirements of CAA section 110(l) and, if applicable, CAA section 193.
Approval of the SIP revision also incorporates into the SIP certain
permitting conditions applicable to Big Bend, making them permanent and
federally enforceable.
III. 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 into Florida's
SIP the following conditions from Air Permit No. 0570039-120-AC issued
by FDEP to Big Bend with an effective date of December 14, 2018,
related to an SO2 emissions cap and fuel restriction at the
facility and associated compliance monitoring, recordkeeping, and
reporting requirements: \5\ (1) Section 2, Condition 4; (2) the
``SO2 Emissions Cap'' provision from Section 3, Condition 4;
\6\ (3) the ``SO2 CEMS''
[[Page 60930]]
provision from Section 3, Condition 4; \7\ and (4) the ``Methods of
Operation'' for Units 1 and 2 provision from Section 3, Condition 6.\8\
Therefore, these material have been approved by EPA for inclusion in
the state implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\9\
---------------------------------------------------------------------------
\5\ For additional information regarding these permit
conditions, see Section I, above, and Section V of the NPRM.
\6\ In its April 16, 2019, submittal, Florida identifies this
provision as ``Section 3, Subsection B, Specific Condition 2'';
however, it is contained under the heading ``4. Permit Being
Modified: Permit No. 0570039-096-AC'' in Section 3 of Permit No.
0570039-120-AC. See Section V of the NPRM for additional
information.
\7\ In its April 16, 2019, submittal, Florida identifies this
provision as ``Section 3, Subsection B, Specific Condition 3;
however, it is contained under the heading ``4. Permit Being
Modified: Permit No. 0570039-096-AC'' in Section 3 of Permit No.
0570039-120-AC. See Section V of the NPRM for additional
information.
\8\ In its April 16, 2019, submittal, Florida identifies this
provision as ``Section 3, Subsection A, Specific Condition 3a;
however, it is contained under the heading ``6. Permits Being
Modified: Permit Nos. 0570039-066-AC & 109-AC'' in Section 3 of
Permit No. 0570039-120-AC. See Section V of the NPRM for additional
information.
\9\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
IV. Final Action
EPA is taking final actions regarding Florida's request to
redesignate the Hillsborough County Area to attainment for the 2010 1-
hour SO2 NAAQS and associated SIP revision. EPA is
determining that the Hillsborough County Area attained the 2010 1-hour
SO2 NAAQS by its applicable attainment date of October 4,
2018. EPA is also approving the SIP revision containing the State's
plan for maintaining attainment of the 2010 1-hour SO2
standard and incorporating the maintenance plan into the SIP. EPA is
approving Florida's redesignation request and redesignating the
Hillsborough County Area to attainment for the 2010 1-hour
SO2 NAAQS. Finally, EPA is incorporating the aforementioned
permit conditions for Big Bend into the SIP. As mentioned above,
approval of the redesignation request changes the official designation
of the Hillsborough County Area from nonattainment to attainment, as
found in 40 CFR part 81.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
Are not significant regulatory actions 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because redesignations and SIP approvals are
exempted under Executive Order 12866;
Do not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
These actions are 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 January 13, 2020. 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: October 10, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
[[Page 60931]]
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 is amended by:
0
a. In paragraph (d), revising the entry for ``Tampa Electric Company--
Big Bend Station'' Air Permit No. 0570039-074-AC,
0
b. In paragraph (d), adding a new entry for ``Tampa Electric Company--
Big Bend Station'' at the end of the table, and
0
c. In paragraph (e), adding a new entry for ``2010 1-hour
SO2 Maintenance Plan for the Hillsborough Area'' at the end
of the table to read as follows.
Sec. 52.520 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Florida Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Tampa Electric Company-Big Bend Air Permit No. 2/26/2015 7/3/2017, 82 FR Only Section 3,
Station. 0570039-074-AC. 30749. Subsection B,
Condition 5.
* * * * * * *
Tampa Electric Company-Big Bend Air Permit No. 12/14/2018 11/12/2019 [Insert Only Section 2,
Station. 0570039-120-AC. citation of Condition 4; the ``SO2
publication]. Emissions Cap''
provision from Section
3, Condition 4; the
``SO2 CEMS'' provision
from Section 3,
Condition 4; and the
``Methods of
Operation'' for Units
1 and 2 provision from
Section 3, Condition
6.
----------------------------------------------------------------------------------------------------------------
(e) ``
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register,
Provision effective date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2010 1-hour SO2 Maintenance Plan 6/7/2018 11/12/2019 [Insert citation of
for the Hillsborough Area. publication].
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.310, the table entitled ``Florida-2010 Sulfur Dioxide
NAAQS (Primary)'' is amended by revising the entry for ``Hillsborough
County, FL'' to read as follows:
Sec. 81.310 Florida.
* * * * *
Florida-2010 Sulfur Dioxide NAAQS (Primary)
------------------------------------------------------------------------
Designation
Designated area -------------------------------
Date \1\ Type
------------------------------------------------------------------------
Hillsborough County, FL \2\............. 12/12/2019 Attainment
Hillsborough County (part)..........
That portion of Hillsborough
County encompassed by the
polygon with the vertices using
Universal Traverse Mercator
(UTM) coordinates in UTM zone
17 with datum NAD83 as follows:
(1) Vertices-UTM Easting (m)
358581, UTM Northing 3076066;
(2) vertices-UTM Easting (m)
355673, UTM Northing 3079275;
(3) UTM Easting (m) 360300, UTM
Northing 3086380; (4) vertices-
UTM Easting (m) 366850, UTM
Northing 3086692; (5) vertices-
UTM Easting (m) 368364, UTM
Northing 3083760; and (6)
vertices-UTM Easting (m)
365708, UTM Northing 3079121...
* * * * * * *
------------------------------------------------------------------------
\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless
otherwise specified.
\3\ Includes any Indian country in each county or area, unless otherwise
specified. The EPA is not determining the boundaries of any area of
Indian country in this table, including any area of Indian country
located in the larger designation area. The inclusion of any Indian
country in the designation area is not a determination that the state
has regulatory authority under the Clean Air Act for such Indian
country.
* * * * *
[FR Doc. 2019-23375 Filed 11-8-19; 8:45 am]
BILLING CODE 6560-50-P
