Air Plan Approval; Florida: Public Notice Procedures for Minor Operating Permits, 45539-45541 [2020-15700]
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Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
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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.
Mr. Akers can be reached via telephone
at (404) 562–9089 or via electronic mail
at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2020–15699 Filed 7–28–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0105; FRL–10012–
12–Region 4]
Air Plan Approval; Florida: Public
Notice Procedures for Minor Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of a State
Implementation Plan (SIP) revision
submitted by the State of Florida,
through the Florida Department of
Environmental Protection (FDEP), on
February 27, 2013. These portions
change the State’s public notice and
comment rule for air permitting by
modifying the length of the public
comment period for minor source
operating permitting and by making
non-substantive edits.
DATES: This rule is effective August 28,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0105. All documents in the docket
are listed on the www.regulations.gov
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 can
either be retrieved electronically via
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: D.
Brad Akers, Air Regulatory Management
SUMMARY:
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I. Background
EPA is approving changes to the
Florida SIP that were provided to EPA
through FDEP via a letter dated
February 27, 2013.1 EPA has previously
approved portions of the February 27,
2013 submittal,2 and FDEP has
withdrawn other portions from EPA
consideration.3 EPA is approving the
remaining portions of this SIP revision.
These remaining portions make changes
to Rule 62–210.350, Florida
Administrative Code (F.A.C.), Public
Notice and Comment, by revising the
length of the public notice period
required for federally enforceable state
operating permits (FESOPs) from 30
days to 14 days and making several
minor non-substantive edits to the Rule.
FESOPs are federally enforceable
permits issued by a state under a minor
source operating permit program that
EPA has approved into the SIP as
meeting criteria published by the
Agency on June 28, 1989. See 54 FR
27274 (June 28, 1989) (hereinafter
FESOP Guidance). See EPA’s May 5,
2020, notice of proposed rulemaking
(NPRM) (85 FR 26641) for further details
on these changes and EPA’s rationale for
approving them.
Comments on the NPRM were due on
or before June 4, 2020, and EPA
received one comment. EPA has
summarized this comment and is
providing a response in the following
section. The complete comment is
available in the docket for this
rulemaking.
II. Response to Comment
Comment: The Commenter requests
that EPA confirm that the 14-day
comment period at Rule 62–210.350 for
FESOP minor source permits will not be
received the submittal on March 6, 2013.
approved portions of the February 27,
2013, SIP revision making changes to Rule 62–
210.200, Definitions, 62–210.310, Air General
Permits, and portions of 62–210.350, Public Notice
and Comment, specifically portions of 62–
210.350(1) and (4), on October 6, 2017 (82 FR
46682).
3 FDEP withdrew portions of the February 27,
2013, SIP revision as follows: FDEP withdrew
certain changes to Rule 62–210.200, Definitions,
Rule 62–210.350, Public Notice and Comment, and
Rule 62–296.401, Incinerators, on June 28, 2017;
and FDEP withdrew the changes to 62–210.300,
Permits Required, on December 5, 2019. These
letters are located in the docket for this rulemaking.
PO 00000
1 EPA
2 EPA
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45539
followed if the minor source permit is
going to be used for SIP purposes. The
Commenter further states that should
such a FESOP minor source permit need
to be approved into the SIP, EPA must
clarify that a 30-day public comment
period is required.
Response: The 14-day comment
period in Rule 62–210.350 applies to the
issuance of all FESOPs regardless of
whether the State will ultimately submit
them to EPA for incorporation into the
SIP. As discussed in the NPRM, there
are no specific public notice
requirements for the issuance of minor
source operating permits in the Clean
Air Act (CAA) or implementing
regulations, and Florida’s rule complies
with EPA’s FESOP Guidance. The
Commenter does not challenge this
rationale for approving the SIP revision
or explain why FESOPs submitted for
SIP purposes must undergo a 30-day
comment period prior to issuance.4
Nonetheless, all SIP submittals,
including those that contain permit
conditions for incorporation into the
SIP, must undergo a 30-day public
comment period at the state level
pursuant to CAA Section 110(a), 40 CFR
51.102, and Appendix V to 40 CFR part
51, Criteria for Determining the
Completeness of Plan Submissions. This
comment period is separate from and in
addition to the comment period on any
permits included in that submittal.
Furthermore, EPA must provide for
public comment when proposing to
approve a SIP submittal unless, for good
cause, it finds that a public comment
period is impracticable, unnecessary, or
contrary to the public interest. See 5
U.S.C. 553. The public therefore has
ample opportunity to submit comments
on a SIP submittal. If the submittal seeks
to incorporate permit conditions into
the SIP, the public can comment during
the state and federal public comment
periods regarding the sufficiency of
those conditions for SIP purposes.
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 of Rule 62–210.350, F.A.C.,
Public Notice and Comment, state
effective October 12, 2008, consisting of
changes to the public comment period
regarding FESOPs as well as non4 As discussed in the NPRM, even with the
revision to Rule 62.210.350, the State may provide
for a longer comment period on FESOPs when a
commenter requests an extension.
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Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
substantive edits.5 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.6
IV. Final Action
EPA is approving changes to the
Florida SIP included in a February 27,
2013, submittal. Specifically, EPA is
approving changes to the public
comment period regarding FESOPs, as
well as non-substantive edits, in Rule
62–210.350, F.A.C., Public Notice and
Comment, state effective October 12,
2008. EPA is approving these changes
because they are not inconsistent with
the FESOP Guidance or the CAA, and
because the changes will not interfere
with any applicable requirement
concerning attainment and reasonable
further progress or any other
requirements in the Act.
V. 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,
5 Except for 62–210.350(1)(c) which was
withdrawn from EPA consideration on June 28,
2017.
6 See 62 FR 27968 (May 22, 1997).
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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
PO 00000
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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 September 28, 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,
Reporting and recordkeeping
requirements.
Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.
Therefore, for the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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 amend the table in
paragraph (c) by revising the entry for
‘‘62–210.350’’ to read as follows:
■
§ 52.520
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Identification of plan.
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(c) * * *
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45541
Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Rules and Regulations
EPA APPROVED FLORIDA REGULATIONS
State citation
(section)
State
effective
date
Title/subject
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Chapter 62–210
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62–210.350 .......
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Public Notice and Comment.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0612; FRL–10012–
02–Region 4]
Air Plan Approval; SC; NOX SIP Call
and Removal of CAIR
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of South Carolina
through letters dated April 12, 2019,
and July 11, 2019, to establish a SIPapproved state control program to
comply with the Nitrogen Oxides (NOX)
SIP call obligations for electric
generating units (EGUs) and large nonEGUs. EPA is also approving the
removal of the SIP-approved portions of
the State’s Clean Air Interstate Rule
(CAIR) Program rules from the South
Carolina SIP. In addition, EPA is
approving into the SIP state regulations
that establish an alternative monitoring
option for certain sources.
DATES: This rule is effective August 28,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0612. 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
SUMMARY:
VerDate Sep<11>2014
15:51 Jul 28, 2020
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
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:
Gobeail McKinley, 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.
The telephone number is (404) 562–
9230. Ms. McKinley can also be reached
via electronic mail at mckinley.gobeail@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act)
section 110(a)(2)(D)(i)(I), which EPA has
traditionally termed the good neighbor
provision, states are required to address
the interstate transport of air pollution.
Specifically, the good neighbor
provision requires that each state’s
implementation plan contain adequate
provisions to prohibit air pollutant
emissions from within the state that will
significantly contribute to
nonattainment of the national ambient
air quality standards (NAAQS), or that
will interfere with maintenance of the
NAAQS, in any other state.
In October 1998 (63 FR 57356), EPA
finalized the ‘‘Finding of Significant
Contribution and Rulemaking for
Certain States in the Ozone Transport
PO 00000
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07/29/2020 [Insert citation Except for 62–210.350(1)(c) which was withdrawn
of publication].
from EPA consideration on June 28, 2017.
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[FR Doc. 2020–15700 Filed 7–28–20; 8:45 am]
Explanation
Stationary Sources—General Requirements
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10/12/2008
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EPA approval date
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Assessment Group Region for Purposes
of Reducing Regional Transport of
Ozone’’ (‘‘NOX SIP Call’’). The NOX SIP
Call required eastern states, including
South Carolina, to submit SIPs that
prohibit excessive emissions of ozone
season NOX by implementing statewide
emissions budgets.1 The NOX SIP Call
addressed the good neighbor provision
for the 1979 ozone NAAQS and was
designed to mitigate the impact of
transported NOX emissions, one of the
precursors of ozone. EPA developed the
NOX Budget Trading Program, an
allowance trading program that states
could adopt to meet their obligations
under the NOX SIP Call. This trading
program allowed the following sources
to participate in a regional cap and trade
program: Generally EGUs with capacity
greater than 25 megawatts (MW); and
large industrial non-EGUs, such as
boilers and combustion turbines, with a
rated heat input greater than 250 million
British thermal units per hour (MMBtu/
hr). The NOX SIP Call also identified
potential reductions from cement kilns
and stationary internal combustion
engines.
To comply with the NOX SIP Call
requirements, South Carolina
Department of Health and
Environmental Control (SC DHEC)
promulgated provisions at Regulation
61–62.96, Subparts A through I. EPA
approved the provisions into South
Carolina’s SIP in 2002.2 The provisions
required EGUs and large non-EGUs in
the State to participate in the NOX
Budget Trading Program.
In 2005, EPA published CAIR, which
required eastern states, including South
Carolina, to submit SIPs that prohibited
1 See 63 FR 57356 (October 27, 1998). As
originally promulgated, the NOX SIP Call also
addressed good neighbor obligations under the 1997
8-hour ozone NAAQS, but EPA subsequently stayed
and later rescinded the rule’s provisions with
respect to that standard. See 65 FR 56245
(September 18, 2000); 84 FR 8422 (March 8, 2019).
2 See 67 FR 43546 (June 28, 2002).
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]]>Agencies
[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45539-45541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15700]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0105; FRL-10012-12-Region 4]
Air Plan Approval; Florida: Public Notice Procedures for Minor
Operating Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of a State Implementation Plan (SIP)
revision submitted by the State of Florida, through the Florida
Department of Environmental Protection (FDEP), on February 27, 2013.
These portions change the State's public notice and comment rule for
air permitting by modifying the length of the public comment period for
minor source operating permitting and by making non-substantive edits.
DATES: This rule is effective August 28, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0105. All documents in the docket
are listed on the www.regulations.gov 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 can either
be retrieved electronically via 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: D. Brad Akers, 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. Mr. Akers can be
reached via telephone at (404) 562-9089 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Florida SIP that were provided to
EPA through FDEP via a letter dated February 27, 2013.\1\ EPA has
previously approved portions of the February 27, 2013 submittal,\2\ and
FDEP has withdrawn other portions from EPA consideration.\3\ EPA is
approving the remaining portions of this SIP revision. These remaining
portions make changes to Rule 62-210.350, Florida Administrative Code
(F.A.C.), Public Notice and Comment, by revising the length of the
public notice period required for federally enforceable state operating
permits (FESOPs) from 30 days to 14 days and making several minor non-
substantive edits to the Rule. FESOPs are federally enforceable permits
issued by a state under a minor source operating permit program that
EPA has approved into the SIP as meeting criteria published by the
Agency on June 28, 1989. See 54 FR 27274 (June 28, 1989) (hereinafter
FESOP Guidance). See EPA's May 5, 2020, notice of proposed rulemaking
(NPRM) (85 FR 26641) for further details on these changes and EPA's
rationale for approving them.
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\1\ EPA received the submittal on March 6, 2013.
\2\ EPA approved portions of the February 27, 2013, SIP revision
making changes to Rule 62-210.200, Definitions, 62-210.310, Air
General Permits, and portions of 62-210.350, Public Notice and
Comment, specifically portions of 62-210.350(1) and (4), on October
6, 2017 (82 FR 46682).
\3\ FDEP withdrew portions of the February 27, 2013, SIP
revision as follows: FDEP withdrew certain changes to Rule 62-
210.200, Definitions, Rule 62-210.350, Public Notice and Comment,
and Rule 62-296.401, Incinerators, on June 28, 2017; and FDEP
withdrew the changes to 62-210.300, Permits Required, on December 5,
2019. These letters are located in the docket for this rulemaking.
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Comments on the NPRM were due on or before June 4, 2020, and EPA
received one comment. EPA has summarized this comment and is providing
a response in the following section. The complete comment is available
in the docket for this rulemaking.
II. Response to Comment
Comment: The Commenter requests that EPA confirm that the 14-day
comment period at Rule 62-210.350 for FESOP minor source permits will
not be followed if the minor source permit is going to be used for SIP
purposes. The Commenter further states that should such a FESOP minor
source permit need to be approved into the SIP, EPA must clarify that a
30-day public comment period is required.
Response: The 14-day comment period in Rule 62-210.350 applies to
the issuance of all FESOPs regardless of whether the State will
ultimately submit them to EPA for incorporation into the SIP. As
discussed in the NPRM, there are no specific public notice requirements
for the issuance of minor source operating permits in the Clean Air Act
(CAA) or implementing regulations, and Florida's rule complies with
EPA's FESOP Guidance. The Commenter does not challenge this rationale
for approving the SIP revision or explain why FESOPs submitted for SIP
purposes must undergo a 30-day comment period prior to issuance.\4\
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\4\ As discussed in the NPRM, even with the revision to Rule
62.210.350, the State may provide for a longer comment period on
FESOPs when a commenter requests an extension.
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Nonetheless, all SIP submittals, including those that contain
permit conditions for incorporation into the SIP, must undergo a 30-day
public comment period at the state level pursuant to CAA Section
110(a), 40 CFR 51.102, and Appendix V to 40 CFR part 51, Criteria for
Determining the Completeness of Plan Submissions. This comment period
is separate from and in addition to the comment period on any permits
included in that submittal. Furthermore, EPA must provide for public
comment when proposing to approve a SIP submittal unless, for good
cause, it finds that a public comment period is impracticable,
unnecessary, or contrary to the public interest. See 5 U.S.C. 553. The
public therefore has ample opportunity to submit comments on a SIP
submittal. If the submittal seeks to incorporate permit conditions into
the SIP, the public can comment during the state and federal public
comment periods regarding the sufficiency of those conditions for SIP
purposes.
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 of Rule 62-
210.350, F.A.C., Public Notice and Comment, state effective October 12,
2008, consisting of changes to the public comment period regarding
FESOPs as well as non-
[[Page 45540]]
substantive edits.\5\ 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). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\6\
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\5\ Except for 62-210.350(1)(c) which was withdrawn from EPA
consideration on June 28, 2017.
\6\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving changes to the Florida SIP included in a February
27, 2013, submittal. Specifically, EPA is approving changes to the
public comment period regarding FESOPs, as well as non-substantive
edits, in Rule 62-210.350, F.A.C., Public Notice and Comment, state
effective October 12, 2008. EPA is approving these changes because they
are not inconsistent with the FESOP Guidance or the CAA, and because
the changes will not interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
requirements in the Act.
V. 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, 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 September 28, 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, Reporting and recordkeeping
requirements.
Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.
Therefore, for the reasons stated in the preamble, the EPA amends
40 CFR part 52 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 amend the table in paragraph (c) by revising the
entry for ``62-210.350'' to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
[[Page 45541]]
EPA Approved Florida Regulations
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State
State citation (section) Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-210.350............... Public Notice and 10/12/2008 07/29/2020 [Insert Except for 62-
Comment. citation of 210.350(1)(c) which was
publication]. withdrawn from EPA
consideration on June
28, 2017.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-15700 Filed 7-28-20; 8:45 am]
BILLING CODE 6560-50-P
