Air Plan Approval; FL; Prevention of Significant Deterioration Infrastructure Elements, 12143-12145 [2021-04059]
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
Administration Size Standards define
‘‘small entities’’ as for-profit or
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12143
Comments must be received on
or before April 1, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2020–0459 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
David Cantrell,
etc.) must be accompanied by a written
comment. The written comment is
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the Functions and Duties of the Assistant
should include discussion of all points
Secretary for the Office of Special Education
you wish to make. EPA will generally
and Rehabilitative Services.
not consider comments or comment
[FR Doc. 2021–04369 Filed 2–26–21; 4:15 pm]
contents located outside of the primary
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93–Region 4]
epa-dockets.
FOR
FURTHER INFORMATION CONTACT:
Air Plan Approval; FL; Prevention of
Significant Deterioration Infrastructure Pearlene Williams, Air Regulatory
Management Section, Air Planning and
Elements
Implementation Branch, Air and
AGENCY: Environmental Protection
Radiation Division, U.S. Environmental
Agency (EPA).
Protection Agency, Region 4, 61 Forsyth
ACTION: Proposed rule.
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
SUMMARY: The Environmental Protection
9144. Ms. Williams can also be reached
Agency (EPA) is proposing to approve
via electronic mail at
revisions to the Florida State
williams.pearlene@epa.gov.
Implementation Plan (SIP), submitted
SUPPLEMENTARY
INFORMATION:
by the Florida Department of
Environmental Protection (FDEP),
I. Background
Division of Air Resources Management,
Pursuant to section 110(a)(1) of the
to EPA on August 26, 2020. The Clean
CAA, states are required to submit SIP
Air Act (CAA or Act) requires that each
revisions meeting the applicable
state adopt and submit a SIP for the
requirements of section 110(a)(2) within
implementation, maintenance, and
three years after promulgation of a new
enforcement of each national ambient
or revised NAAQS or within such
air quality standard (NAAQS)
shorter period as EPA may prescribe.
promulgated by EPA, commonly
Section 110(a)(2) requires states to
referred to as an ‘‘infrastructure SIP.’’
address basic SIP elements such as
This submission addresses certain
requirements for monitoring, basic
greenhouse gas (GHG) Prevention of
program requirements, and legal
Significant Deterioration (PSD)
authority that are designed to assure
permitting requirements for the 2008
attainment and maintenance of the
and 1997 8-hour ozone and the 1997
NAAQS. States were previously
annual and 2006 24-hour fine
required to submit such SIPs for the
particulate matter (PM2.5) NAAQS.
2008 and 1997 8-hour ozone and the
Additionally, EPA is proposing to
1997 annual and 2006 24-hour PM2.5
convert the previous disapprovals of
NAAQS to EPA within three years of
Florida’s infrastructure SIPs related to
promulgation of the respective NAAQS.
the CAA GHG PSD permitting
This action only pertains to sections
requirements for the above NAAQS to
110(a)(2)(C), (D)(i)(II), and (J) as they
full approvals.
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DATES:
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12144
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
relate to GHG under a SIP-approved
PSD permitting program.1
On July 30, 2012 (77 FR 44485), EPA
disapproved portions of Florida’s 1997
8-hour ozone infrastructure SIP
submission related to GHG PSD
permitting requirements under section
110(a)(2)(C) and section 110(a)(2)(J). The
disapproval action was a result of
Florida not submitting a SIP revision to
adopt the appropriate emission
thresholds for determining which new
stationary sources and modification
projects become subject to PSD
permitting requirements for their GHG
emissions as promulgated in the GHG
Tailoring Rule. See 75 FR 31514 (June
3, 2010).
On April 3, 2013 (78 FR 19998), EPA
disapproved the portion of Florida’s
infrastructure SIP submission for both
the 1997 annual and 2006 24-hour PM2.5
NAAQS related to GHG PSD permitting
requirements under the section
110(a)(2)(D)(i)(II) provision that
prohibits emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state. The Florida SIP
for these two standards did not provide
adequate legal authority to address the
GHG PSD permitting requirements at or
above the levels of emissions set forth
in the June 3, 2010, GHG Tailoring Rule.
On November 1, 2013 (78 FR 65559),
EPA disapproved portions of Florida’s
2008 8-hour ozone infrastructure SIP
submission related to GHG PSD
permitting requirements under section
110(a)(2)(C), the section
110(a)(2)(D)(i)(II) provision that
prohibits emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state, and section
110(a)(2)(J). The disapproval was a
result of Florida not submitting a SIP
revision to adopt the appropriate
emission thresholds for determining
which new stationary sources and
modification projects become subject to
PSD permitting requirements for their
GHG emissions as promulgated in the
June 3, 2010, GHG Tailoring Rule.
In summary, for the 2008 and 1997 8hour ozone and the 1997 annual and
2006 24-hour PM2.5 NAAQS, Florida’s
SIP did not address or provide adequate
legal authority for the implementation
of a GHG PSD program in Florida.
On May 19, 2014 (79 FR 28607), EPA
approved Florida’s December 19, 2013,
SIP revision that amended the State’s
definition of ‘‘PSD pollutant’’ to provide
Florida with the authority to regulate
GHG under its PSD program to establish
1 See
section II for a description of these CAA
infrastructure SIP elements.
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PSD applicability thresholds for GHG
emissions at the same emissions
thresholds and in the same timeframes
as those specified by EPA in the June 3,
2010, GHG Tailoring Rule. Based on this
May 19, 2014 approval, the Florida SIP
addressed the GHG requirements for
PSD as specified in the June 3, 2010,
GHG Tailoring Rule.
II. Analysis of Florida’s Submission
A. Section 110(a)(2)(C) Programs for
Enforcement of Control Measures and
for Construction or Modification of
Stationary Sources
This element consists of three subelements: Enforcement, state-wide
regulation of new and modified minor
sources and minor modifications of
major sources, and preconstruction
permitting of new major sources and
major modifications in areas designated
attainment or unclassifiable for the
subject NAAQS as required by CAA title
I part C (i.e., the major source PSD
program).
This proposed action pertains to the
PSD permitting for new major sources
and major modifications for the 2008
and 1997 8-hour ozone NAAQS. EPA
interprets the PSD sub-element to
require that a state’s infrastructure SIP
submission for a particular NAAQS
demonstrate that the state has a
complete PSD permitting program in
place covering the current PSD
requirements for all regulated NSR
pollutants. A state’s PSD permitting
program is complete for this subelement (and (D)(i)(II) and (J) related to
PSD) if EPA has already approved or is
simultaneously approving the state’s
implementation plan with respect to all
PSD requirements that are due under
the EPA regulations or the CAA.
FDEP’s August 26, 2020, submission
cited a number of SIP provisions to
address the major source PSD program.
Florida’s authority to regulate new and
modified sources to assist in the
protection of air quality in attainment or
unclassifiable areas is established in
Chapter 62–210 and Chapter 62–212 of
the Florida SIP. Under Florida’s SIP,
new major sources and major
modifications in areas of the State
designated attainment or unclassifiable
for a NAAQS are subject to a federallyapproved PSD permitting program
meeting all the current structural
requirements of part C of title I of the
CAA to satisfy the infrastructure SIP
PSD elements. With EPA’s May 19, 2014
approval of Florida’s SIP revision to
address GHG under its PSD program in
accordance with the GHG Tailoring
Rule, Florida’s SIP satisfied current
CAA requirements for PSD. Therefore,
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EPA has made the preliminary
determination that Florida’s SIP and
practices are adequate for PSD
permitting related to GHGs for major
sources and major modifications as
required by section 110(a)(2)(C) for the
2008 and 1997 8-hour ozone NAAQS.
B. Section 110(a)(2)(D)(i)(I) and (II)
Interstate Pollution Transport
Section 110(a)(2)(D)(i) has two
components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these
components has two subparts resulting
in four distinct components, commonly
referred to as ‘‘prongs,’’ that must be
addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (‘‘prong 1’’) and interfering with
maintenance of the NAAQS in another
state (‘‘prong 2’’). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (‘‘prong 3’’), or
to protect visibility in another state
(‘‘prong 4’’).
This proposed action pertains to
110(a)(2)(D)(i)(II)—prong 3 for the 2008
8-hour ozone and the 1997 annual and
2006 24-hour PM2.5 NAAQS. This
requirement may be met by a state’s
confirmation in an infrastructure SIP
submission that new major sources and
major modifications in the state are
subject to a PSD program meeting
current structural requirements of part C
of title I of the CAA, or if the state
contains nonattainment areas that have
the potential to impact PSD in another
state, a nonattainment new source
review (NNSR) program.2 A state’s PSD
permitting program satisfies prong 3 if
EPA has already approved or is
simultaneously approving the state’s
implementation plan with respect to all
PSD requirements that are due under
EPA regulations or the CAA on or before
the date of EPA’s proposed action on the
infrastructure SIP submission.
As explained in the discussion of
section 110(a)(2)(C), Florida’s SIP
contains provisions for the State’s PSD
program that reflect the required
structural PSD requirements to satisfy
prong 3 of section 110(a)(2)(D)(i)(II).
Florida addresses prong 3 for PSD
2 Florida’s NNSR program is not relevant to this
proposed action as it is limited to the regulation of
GHGs under the State’s PSD program.
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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
through Chapters 62–204, 62–210, and
62–212. EPA has made the preliminary
determination that Florida’s SIP and
practices are adequate for interstate
transport for PSD permitting of major
sources and major modifications related
to GHGs for the 2008 8-hour ozone and
the 1997 annual and 2006 24- hour
PM2.5 NAAQS for section
110(a)(2)(D)(i)(II) (prong 3).
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C. 110(a)(2)(J) Consultation With
Government Officials, Public
Notification, and PSD and Visibility
Protection
This element consists of four subelements: Consultation requirements of
section 121, the public notification
requirements of section 127, PSD, and
visibility protection. This action
pertains to the PSD element of section
110(a)(2)(J) for GHGs for the 2008 and
1997 8-hour ozone NAAQS.
With regard to the PSD element of
section 110(a)(2)(J), this requirement is
met when a state demonstrates in an
infrastructure SIP submission that its
PSD program meets all the current
requirements of part C of title I of the
CAA. As explained in the discussion of
section 110(a)(2)(C), Florida’s SIP
contains provisions in Chapters 62–210
and 62–212 for the State’s PSD program
that reflect the relevant SIP revisions to
satisfy the requirement of the PSD
element of section 110(a)(2)(J). EPA has
made the preliminary determination
that Florida’s SIP is adequate for PSD
permitting of major sources and major
modifications related to GHGs for the
2008 and 1997 8-hour ozone NAAQS for
section 110(a)(2)(J).
III. Proposed Action
EPA is proposing to approve revisions
to the Florida SIP, submitted on August
26, 2020, related to sections
110(a)(2)(C), (D)(i) (prong 3), and (J) as
they relate to new major sources and
major modifications in areas of the State
designated attainment or unclassifiable.
EPA has made the preliminary
determination that Florida’s SIP and
practices are adequate for GHG PSD
permitting of major sources and major
modifications related to the 2008 8-hour
ozone NAAQS for sections 110(a)(2)(C),
(D)(i) (prong 3), and (J); the 1997 8-hour
ozone NAAQS for sections 110(a)(2)(C)
and (J); and the 1997 annual and 2006
24-hour PM2.5 NAAQS for section
110(a)(2)(D)(i)(ii) prong 3. Consequently,
EPA is proposing to convert the
previous disapprovals of Florida’s
infrastructure SIPs related to the CAA
GHG PSD permitting requirements for
the 2008 and 1997 8-hour ozone and the
1997 annual and 2006 24-hour PM2.5
NAAQS to full approvals.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
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12145
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Particulate matter,
Reporting and recordkeeping
requirements and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–04059 Filed 3–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R03–UST–2020–0291, FRL 10018–07–
Region 3]
Virginia: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Solid Waste
Disposal Act of 1965, as amended
(commonly known as the Resource
Conservation and Recovery Act
(RCRA)), the Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Commonwealth of
Virginia’s Underground Storage Tank
(UST) program submitted by the
Commonwealth of Virginia (Virginia or
State). This action is based on EPA’s
determination that these revisions
satisfy all requirements needed for
program approval. This action also
proposes to codify EPA’s approval of
Virginia’s state program and to
incorporate by reference those
provisions of Virginia’s regulations and
statutes that we have determined meet
the requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions. In the ‘‘Rules
and Regulations’’ section of this issue of
the Federal Register, EPA is approving
this action by a direct final rule. If no
significant negative comment is
received, EPA will not take further
action on this proposed rulemaking, and
the direct final rule will be effective 60
days from the date of publication in this
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12143-12145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04059]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0459; FRL-10017-93-Region 4]
Air Plan Approval; FL; Prevention of Significant Deterioration
Infrastructure Elements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Florida State Implementation Plan (SIP),
submitted by the Florida Department of Environmental Protection (FDEP),
Division of Air Resources Management, to EPA on August 26, 2020. The
Clean Air Act (CAA or Act) requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each
national ambient air quality standard (NAAQS) promulgated by EPA,
commonly referred to as an ``infrastructure SIP.'' This submission
addresses certain greenhouse gas (GHG) Prevention of Significant
Deterioration (PSD) permitting requirements for the 2008 and 1997 8-
hour ozone and the 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) NAAQS. Additionally, EPA is proposing to convert the
previous disapprovals of Florida's infrastructure SIPs related to the
CAA GHG PSD permitting requirements for the above NAAQS to full
approvals.
DATES: Comments must be received on or before April 1, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0459 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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) 562-9144. Ms. Williams can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIP revisions meeting the applicable requirements of section
110(a)(2) within three years after promulgation of a new or revised
NAAQS or within such shorter period as EPA may prescribe. Section
110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements, and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were previously required to submit such SIPs for the 2008
and 1997 8-hour ozone and the 1997 annual and 2006 24-hour
PM2.5 NAAQS to EPA within three years of promulgation of the
respective NAAQS. This action only pertains to sections 110(a)(2)(C),
(D)(i)(II), and (J) as they
[[Page 12144]]
relate to GHG under a SIP-approved PSD permitting program.\1\
---------------------------------------------------------------------------
\1\ See section II for a description of these CAA infrastructure
SIP elements.
---------------------------------------------------------------------------
On July 30, 2012 (77 FR 44485), EPA disapproved portions of
Florida's 1997 8-hour ozone infrastructure SIP submission related to
GHG PSD permitting requirements under section 110(a)(2)(C) and section
110(a)(2)(J). The disapproval action was a result of Florida not
submitting a SIP revision to adopt the appropriate emission thresholds
for determining which new stationary sources and modification projects
become subject to PSD permitting requirements for their GHG emissions
as promulgated in the GHG Tailoring Rule. See 75 FR 31514 (June 3,
2010).
On April 3, 2013 (78 FR 19998), EPA disapproved the portion of
Florida's infrastructure SIP submission for both the 1997 annual and
2006 24-hour PM2.5 NAAQS related to GHG PSD permitting
requirements under the section 110(a)(2)(D)(i)(II) provision that
prohibits emissions activity in one state from interfering with
measures required to prevent significant deterioration of air quality
in another state. The Florida SIP for these two standards did not
provide adequate legal authority to address the GHG PSD permitting
requirements at or above the levels of emissions set forth in the June
3, 2010, GHG Tailoring Rule.
On November 1, 2013 (78 FR 65559), EPA disapproved portions of
Florida's 2008 8-hour ozone infrastructure SIP submission related to
GHG PSD permitting requirements under section 110(a)(2)(C), the section
110(a)(2)(D)(i)(II) provision that prohibits emissions activity in one
state from interfering with measures required to prevent significant
deterioration of air quality in another state, and section
110(a)(2)(J). The disapproval was a result of Florida not submitting a
SIP revision to adopt the appropriate emission thresholds for
determining which new stationary sources and modification projects
become subject to PSD permitting requirements for their GHG emissions
as promulgated in the June 3, 2010, GHG Tailoring Rule.
In summary, for the 2008 and 1997 8-hour ozone and the 1997 annual
and 2006 24-hour PM2.5 NAAQS, Florida's SIP did not address
or provide adequate legal authority for the implementation of a GHG PSD
program in Florida.
On May 19, 2014 (79 FR 28607), EPA approved Florida's December 19,
2013, SIP revision that amended the State's definition of ``PSD
pollutant'' to provide Florida with the authority to regulate GHG under
its PSD program to establish PSD applicability thresholds for GHG
emissions at the same emissions thresholds and in the same timeframes
as those specified by EPA in the June 3, 2010, GHG Tailoring Rule.
Based on this May 19, 2014 approval, the Florida SIP addressed the GHG
requirements for PSD as specified in the June 3, 2010, GHG Tailoring
Rule.
II. Analysis of Florida's Submission
A. Section 110(a)(2)(C) Programs for Enforcement of Control Measures
and for Construction or Modification of Stationary Sources
This element consists of three sub-elements: Enforcement, state-
wide regulation of new and modified minor sources and minor
modifications of major sources, and preconstruction permitting of new
major sources and major modifications in areas designated attainment or
unclassifiable for the subject NAAQS as required by CAA title I part C
(i.e., the major source PSD program).
This proposed action pertains to the PSD permitting for new major
sources and major modifications for the 2008 and 1997 8-hour ozone
NAAQS. EPA interprets the PSD sub-element to require that a state's
infrastructure SIP submission for a particular NAAQS demonstrate that
the state has a complete PSD permitting program in place covering the
current PSD requirements for all regulated NSR pollutants. A state's
PSD permitting program is complete for this sub-element (and (D)(i)(II)
and (J) related to PSD) if EPA has already approved or is
simultaneously approving the state's implementation plan with respect
to all PSD requirements that are due under the EPA regulations or the
CAA.
FDEP's August 26, 2020, submission cited a number of SIP provisions
to address the major source PSD program. Florida's authority to
regulate new and modified sources to assist in the protection of air
quality in attainment or unclassifiable areas is established in Chapter
62-210 and Chapter 62-212 of the Florida SIP. Under Florida's SIP, new
major sources and major modifications in areas of the State designated
attainment or unclassifiable for a NAAQS are subject to a federally-
approved PSD permitting program meeting all the current structural
requirements of part C of title I of the CAA to satisfy the
infrastructure SIP PSD elements. With EPA's May 19, 2014 approval of
Florida's SIP revision to address GHG under its PSD program in
accordance with the GHG Tailoring Rule, Florida's SIP satisfied current
CAA requirements for PSD. Therefore, EPA has made the preliminary
determination that Florida's SIP and practices are adequate for PSD
permitting related to GHGs for major sources and major modifications as
required by section 110(a)(2)(C) for the 2008 and 1997 8-hour ozone
NAAQS.
B. Section 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components has two subparts
resulting in four distinct components, commonly referred to as
``prongs,'' that must be addressed in infrastructure SIP submissions.
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I),
are provisions that prohibit any source or other type of emissions
activity in one state from contributing significantly to nonattainment
of the NAAQS in another state (``prong 1'') and interfering with
maintenance of the NAAQS in another state (``prong 2''). The third and
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state from
interfering with measures required to prevent significant deterioration
of air quality in another state (``prong 3''), or to protect visibility
in another state (``prong 4'').
This proposed action pertains to 110(a)(2)(D)(i)(II)--prong 3 for
the 2008 8-hour ozone and the 1997 annual and 2006 24-hour
PM2.5 NAAQS. This requirement may be met by a state's
confirmation in an infrastructure SIP submission that new major sources
and major modifications in the state are subject to a PSD program
meeting current structural requirements of part C of title I of the
CAA, or if the state contains nonattainment areas that have the
potential to impact PSD in another state, a nonattainment new source
review (NNSR) program.\2\ A state's PSD permitting program satisfies
prong 3 if EPA has already approved or is simultaneously approving the
state's implementation plan with respect to all PSD requirements that
are due under EPA regulations or the CAA on or before the date of EPA's
proposed action on the infrastructure SIP submission.
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\2\ Florida's NNSR program is not relevant to this proposed
action as it is limited to the regulation of GHGs under the State's
PSD program.
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As explained in the discussion of section 110(a)(2)(C), Florida's
SIP contains provisions for the State's PSD program that reflect the
required structural PSD requirements to satisfy prong 3 of section
110(a)(2)(D)(i)(II). Florida addresses prong 3 for PSD
[[Page 12145]]
through Chapters 62-204, 62-210, and 62-212. EPA has made the
preliminary determination that Florida's SIP and practices are adequate
for interstate transport for PSD permitting of major sources and major
modifications related to GHGs for the 2008 8-hour ozone and the 1997
annual and 2006 24- hour PM2.5 NAAQS for section
110(a)(2)(D)(i)(II) (prong 3).
C. 110(a)(2)(J) Consultation With Government Officials, Public
Notification, and PSD and Visibility Protection
This element consists of four sub-elements: Consultation
requirements of section 121, the public notification requirements of
section 127, PSD, and visibility protection. This action pertains to
the PSD element of section 110(a)(2)(J) for GHGs for the 2008 and 1997
8-hour ozone NAAQS.
With regard to the PSD element of section 110(a)(2)(J), this
requirement is met when a state demonstrates in an infrastructure SIP
submission that its PSD program meets all the current requirements of
part C of title I of the CAA. As explained in the discussion of section
110(a)(2)(C), Florida's SIP contains provisions in Chapters 62-210 and
62-212 for the State's PSD program that reflect the relevant SIP
revisions to satisfy the requirement of the PSD element of section
110(a)(2)(J). EPA has made the preliminary determination that Florida's
SIP is adequate for PSD permitting of major sources and major
modifications related to GHGs for the 2008 and 1997 8-hour ozone NAAQS
for section 110(a)(2)(J).
III. Proposed Action
EPA is proposing to approve revisions to the Florida SIP, submitted
on August 26, 2020, related to sections 110(a)(2)(C), (D)(i) (prong 3),
and (J) as they relate to new major sources and major modifications in
areas of the State designated attainment or unclassifiable. EPA has
made the preliminary determination that Florida's SIP and practices are
adequate for GHG PSD permitting of major sources and major
modifications related to the 2008 8-hour ozone NAAQS for sections
110(a)(2)(C), (D)(i) (prong 3), and (J); the 1997 8-hour ozone NAAQS
for sections 110(a)(2)(C) and (J); and the 1997 annual and 2006 24-hour
PM2.5 NAAQS for section 110(a)(2)(D)(i)(ii) prong 3.
Consequently, EPA is proposing to convert the previous disapprovals of
Florida's infrastructure SIPs related to the CAA GHG PSD permitting
requirements for the 2008 and 1997 8-hour ozone and the 1997 annual and
2006 24-hour PM2.5 NAAQS to full approvals.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Particulate matter, Reporting and recordkeeping
requirements and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-04059 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P