Air Plan Approval; FL; Prevention of Significant Deterioration Infrastructure Elements, 35608-35610 [2021-14176]
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35608
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
prices, any USPS Marketing Mail
Enhanced Carrier Route prices
(including DALs or DMLs used with
Product Samples), or any Bound Printed
Matter carrier route prices are subject to
the carrier route accuracy standard and
must meet the following requirements:
[Revise the text of item a to read as
follows:]
a. Each address and associated carrier
route code used on the mailpieces (or
DALs or DMLs) in a mailing must be
updated with one of the USPS-approved
methods in 6.2 using a product release
that is within the USPS Product Cycle
as provided in Exhibit 9.3.1.
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*
*
*
[Delete item c.]
*
*
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*
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9.0 Coding Accuracy Support System
(CASS)
*
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*
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9.3 Date of Address Matching and
Coding
9.3.1
Update Standards
[Revise the text of 9.3.1 to read as
follows:]
Unless Z4CHANGE is used, all
automation and carrier route mailings
bearing addresses coded by any AIS
product must be coded with current
CASS-certified software and the current
USPS database. Coding must be done
using a product release that is within
the USPS Product Cycle as provided in
Exhibit 9.3.1. All AIS products may be
used immediately on release. New
product releases must be included in
address matching systems no later than
after the first of the month following the
product date. The overlap in dates for
product use allows mailers adequate
time to install the new data files and test
their systems. Mailers are expected to
update their systems with the latest data
files as soon as practicable and need not
wait until the ‘‘last permissible use’’
date. The mailer’s signature on the
postage statement certifies that this
standard has been met when the
corresponding mail is presented to the
USPS. The ‘‘current USPS database’’
product cycle is defined by the table in
Exhibit 9.3.1.
[Delete current table under 9.3.1 and
add new table as Exhibit 9.3.1 to read
as follows:]
EXHIBIT 9.3.1—USPS DATABASE PRODUCT CYCLE
Release date
(posted)
Expiration date
(last permissible use date)
Last permissible mailing date
Use of file released in * * *
(Publish date)
And must end no later than * * *
Mid-November ...............................
Mid-December ...............................
Mid-January ...................................
Mid-February ..................................
Mid-March ......................................
Mid-April .........................................
Mid-May .........................................
Mid-June ........................................
Mid-July ..........................................
Mid-August .....................................
Mid-September ..............................
Mid-October ...................................
December 1 ..................................
January 1 ......................................
February 1 ....................................
March 1 .........................................
April 1 ...........................................
May 1 ............................................
June 1 ...........................................
July 1 ............................................
August 1 .......................................
September 1 .................................
October 1 ......................................
November 1 ..................................
February 28/29 .............................
March 31 .......................................
April 30 .........................................
May 31 ..........................................
June 30 .........................................
July 31 ..........................................
August 31 .....................................
September 30 ...............................
October 31 ....................................
November 30 ................................
December 31 ................................
January 31 ....................................
*
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Product date
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9.5
Documentation
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ACTION:
Final rule.
DATES:
VerDate Sep<11>2014
*
This rule is effective August 6,
2021.
The Environmental Protection
Agency (EPA) is approving revisions to
the Florida State Implementation Plan
9.5.5 Using a Single List
(SIP), submitted by the Florida
[Revise the text of 9.5.5 by deleting the
Department of Environmental Protection
last sentence.]
(FDEP), Division of Air Resources
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Management, to EPA on August 26,
2020. The Clean Air Act (CAA or Act)
Ruth B. Stevenson,
requires that each state adopt and
Attorney, Federal Compliance.
submit a SIP for the implementation,
[FR Doc. 2021–14319 Filed 7–6–21; 8:45 am]
maintenance, and enforcement of each
BILLING CODE P
national ambient air quality standard
(NAAQS) promulgated by EPA,
commonly referred to as an
ENVIRONMENTAL PROTECTION
‘‘infrastructure SIP.’’ This submission
AGENCY
addresses certain greenhouse gas (GHG)
Prevention of Significant Deterioration
40 CFR Part 52
(PSD) permitting requirements for the
[EPA–R04–OAR–2020–0459; FRL–10025–
2008 and 1997 8-hour Ozone and the
49–Region 4]
1997 Annual and 2006 24-hour Fine
Particulate Matter (PM2.5) NAAQS.
Air Plan Approval; FL; Prevention of
Additionally, EPA is converting the
Significant Deterioration Infrastructure
previous disapprovals of Florida’s
Elements
infrastructure SIPs related to the CAA
GHG PSD permitting requirements for
AGENCY: Environmental Protection
the above NAAQS to full approvals.
Agency (EPA).
*
March 31.
April 30.
May 31.
June 30.
July 31.
August 31.
September 30.
October 31.
November 30.
December 31.
January 31.
February 28/29.
SUMMARY:
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0459. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air 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
ADDRESSES:
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07JYR1
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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:
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
williams.pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
khammond on DSKJM1Z7X2PROD with RULES
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.
Through previous rulemakings, EPA
disapproved portions of several SIP
submissions from Florida regarding the
2008 and 1997 8-hour Ozone, as well as
the 1997 Annual and 2006 24-hour
PM2.5 NAAQS, because at the time,
Florida’s SIP did not address or provide
adequate legal authority for the
implementation of a GHG PSD program
in Florida.1 However, 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’’. This Florida SIP revision
addressed the Federal GHG
requirements for PSD as specified in the
June 3, 2010, GHG Tailoring Rule.2
1 EPA partially disapproved the 1997 8-hour
Ozone infrastructure SIP to the extent that it relied
on the GHG PSD permitting requirements to meet
the 110(a)(2)(C) and 110(a)(2)(j)requirements; see 77
FR 44485 (July 30, 2012). EPA disapproved the
State’s prong 3 of section 110(a)(2)(D)(i) as it relates
to GHG PSD permitting requirements for the 1997
and 2006 Fine Particulate Matter NAAQS, See 78
FR 19998 (April 3, 2013). EPA also disapproved
section 110(a)(2)(D)(i)(II) concerning visibility
requirements; and the portions of sections
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i), and
110(a)(2)(J) related to the regulation of GHG
emissions for the 2008 8-hour Ozone NAAQS, See
78 FR 65559 (November 1, 2013).
2 75 FR 31514.
VerDate Sep<11>2014
15:58 Jul 06, 2021
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On August 6, 2020, Florida submitted
a SIP revision to approve various
infrastructure SIP elements that were
previously disapproved by EPA. The
submittal requested approval for the
following elements from the 1997 and
2008 Ozone NAAQS and the 1997 and
2006 PM2.5 NAAQS as it relates to
Florida’s regulation of greenhouse gases
under the PSD program: (1). Sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) Prong 3,
and 110(a)(2)(J) infrastructure elements
for Florida’s 2008 Ozone Infrastructure
SIP; (2). Sections 110(a)(2)(C) and
110(a)(2)(J) infrastructure elements for
Florida’s 1997 Ozone Infrastructure SIP;
(3). Section 110(a)(2)(D)(i)(II) Prong 3
infrastructure elements for Florida’s
2006 PM2.5 Infrastructure SIP; and (4).
Section 110(a)(2)(D)(i)(II) Prong 3
infrastructure elements for Florida’s
1997 PM2.5 Infrastructure SIP. This
action only pertains to sections
110(a)(2)(C), (D)(i)(II), and (J) as they
relate to GHG under a SIP-approved
PSD permitting program.
Thus, in a notice of proposed
rulemaking (NPRM) published on
March 2, 2021, (86 FR 12143), EPA
proposed to determine 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 proposed 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. The March 2, 2021,
NPRM provides additional detail
regarding the background and rationale
for EPA’s action. Comments on the
March 2, 2021, NPRM were due on or
before April 1, 2021. EPA received no
comments on the March 2, 2021, NPRM.
II. Final Action
EPA is approving 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 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
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35609
1997 Annual and 2006 24-hour PM2.5
NAAQS for section 110(a)(2)(D)(i)(ii)
prong 3. Consequently, EPA is
converting 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.
III. 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);
• 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
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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.
Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reason stated in the preamble,
the EPA amends 40 CFR parts 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.
the 1997 8-Hour Ozone National
Ambient Air Quality Standards,’’
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 1997 Annual Fine
Particulate Matter National Ambient Air
Quality Standards,’’ ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2006
24-hour Fine Particulate Matter National
Ambient Air Quality Standards,’’ and
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2008 8-Hour
Ozone National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
§ 52.520
Subpart K—Florida
*
2. Section 52.520(e) is amended by
adding four new entries for ‘‘110(a)(1)
and (2) Infrastructure Requirements for
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual Fine Particulate Matter National Ambient Air Quality
Standards.
110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour Fine Particulate Matter National Ambient Air Quality
Standards.
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards.
§ 52.522
[Amended]
[Removed and Reserved]
■ 4. Remove and reserve § 52.523.
[FR Doc. 2021–14176 Filed 7–6–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R04–OAR–2020–0129; FRL–10025–
80-Region 4]
Air Plan Approval; AL; NOX SIP Call
and Removal of CAIR
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
15:58 Jul 06, 2021
Federal Register
notice
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Explanation
*
8/26/2020
*
7/7/2021
*
[Insert citation of
publication].
8/26/2020
7/7/2021
[Insert citation of
publication].
8/26/2020
7/7/2021
[Insert citation of
publication].
Approving SIP submission for prong 3 of
section 110(a)(2)(D)(i) as it relates to
GHG PSD permitting requirements.
8/26/2020
7/7/2021
[Insert citation of
publication].
Approving SIP submission for section
110(a)(2)(C), prong 3 of 110(a)(2)(D)(i),
and 110(a)(2)(J) as it relates to the regulation of GHG emissions.
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the State of
Alabama through a letter dated February
27, 2020, to add regulations maintaining
compliance with the State’s nitrogen
oxides (NOX) SIP Call obligations for
large non-electricity generating units
(non-EGUs), to repeal the State’s
previously sunsetted NOX Budget
Trading Program regulations, and to
repeal the State’s Clean Air Interstate
Rule (CAIR) regulations. EPA is also
conditionally approving into the SIP
state regulations that establish
monitoring and reporting requirements
for units subject to the NOX SIP Call,
including alternative monitoring
options for certain sources for NOX SIP
Call purposes. In addition, EPA is
making ministerial changes to reflect the
State’s renumbering of an existing
SUMMARY:
3. Section 52.522 is amended by
removing and reserving paragraph (b).
■
§ 52.523
EPA
approval
date
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*
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Approving SIP submission for sections
110(a)(2)(C) & 110(a)(2)(J) as it relates
to GHG PSD permitting requirements.
Approving SIP submission for prong 3 of
section 110(a)(2)(D)(i) as it relates to
GHG PSD permitting requirements.
regulation for ‘‘New Combustion
Sources.’’
DATES:
This rule is effective August 6,
2021.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0129. 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
ADDRESSES:
E:\FR\FM\07JYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35608-35610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14176]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0459; FRL-10025-49-Region 4]
Air Plan Approval; FL; Prevention of Significant Deterioration
Infrastructure Elements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
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 converting the previous disapprovals of
Florida's infrastructure SIPs related to the CAA GHG PSD permitting
requirements for the above NAAQS to full approvals.
DATES: This rule is effective August 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0459. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air 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
[[Page 35609]]
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: 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.
Through previous rulemakings, EPA disapproved portions of several
SIP submissions from Florida regarding the 2008 and 1997 8-hour Ozone,
as well as the 1997 Annual and 2006 24-hour PM2.5 NAAQS,
because at the time, Florida's SIP did not address or provide adequate
legal authority for the implementation of a GHG PSD program in
Florida.\1\ However, 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''. This Florida SIP revision addressed
the Federal GHG requirements for PSD as specified in the June 3, 2010,
GHG Tailoring Rule.\2\
---------------------------------------------------------------------------
\1\ EPA partially disapproved the 1997 8-hour Ozone
infrastructure SIP to the extent that it relied on the GHG PSD
permitting requirements to meet the 110(a)(2)(C) and
110(a)(2)(j)requirements; see 77 FR 44485 (July 30, 2012). EPA
disapproved the State's prong 3 of section 110(a)(2)(D)(i) as it
relates to GHG PSD permitting requirements for the 1997 and 2006
Fine Particulate Matter NAAQS, See 78 FR 19998 (April 3, 2013). EPA
also disapproved section 110(a)(2)(D)(i)(II) concerning visibility
requirements; and the portions of sections 110(a)(2)(C), prong 3 of
110(a)(2)(D)(i), and 110(a)(2)(J) related to the regulation of GHG
emissions for the 2008 8-hour Ozone NAAQS, See 78 FR 65559 (November
1, 2013).
\2\ 75 FR 31514.
---------------------------------------------------------------------------
On August 6, 2020, Florida submitted a SIP revision to approve
various infrastructure SIP elements that were previously disapproved by
EPA. The submittal requested approval for the following elements from
the 1997 and 2008 Ozone NAAQS and the 1997 and 2006 PM2.5
NAAQS as it relates to Florida's regulation of greenhouse gases under
the PSD program: (1). Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) Prong
3, and 110(a)(2)(J) infrastructure elements for Florida's 2008 Ozone
Infrastructure SIP; (2). Sections 110(a)(2)(C) and 110(a)(2)(J)
infrastructure elements for Florida's 1997 Ozone Infrastructure SIP;
(3). Section 110(a)(2)(D)(i)(II) Prong 3 infrastructure elements for
Florida's 2006 PM2.5 Infrastructure SIP; and (4). Section
110(a)(2)(D)(i)(II) Prong 3 infrastructure elements for Florida's 1997
PM2.5 Infrastructure SIP. This action only pertains to
sections 110(a)(2)(C), (D)(i)(II), and (J) as they relate to GHG under
a SIP-approved PSD permitting program.
Thus, in a notice of proposed rulemaking (NPRM) published on March
2, 2021, (86 FR 12143), EPA proposed to determine 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 proposed 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. The March 2,
2021, NPRM provides additional detail regarding the background and
rationale for EPA's action. Comments on the March 2, 2021, NPRM were
due on or before April 1, 2021. EPA received no comments on the March
2, 2021, NPRM.
II. Final Action
EPA is approving 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
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 converting 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.
III. 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);
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
[[Page 35610]]
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.
Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reason stated in the preamble, the EPA amends 40 CFR parts
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. Section 52.520(e) is amended by adding four new entries for
``110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality Standards,'' ``110(a)(1) and (2)
Infrastructure Requirements for the 1997 Annual Fine Particulate Matter
National Ambient Air Quality Standards,'' ``110(a)(1) and (2)
Infrastructure Requirements for the 2006 24-hour Fine Particulate
Matter National Ambient Air Quality Standards,'' and ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 8-Hour Ozone National
Ambient Air Quality Standards'' at the end of the table to read as
follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval
Provision effective date date Federal Register notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) 8/26/2020 7/7/2021 [Insert citation of Approving SIP
Infrastructure Requirements publication]. submission for
for the 1997 8-Hour Ozone sections
National Ambient Air Quality 110(a)(2)(C) &
Standards. 110(a)(2)(J) as it
relates to GHG PSD
permitting
requirements.
110(a)(1) and (2) 8/26/2020 7/7/2021 [Insert citation of Approving SIP
Infrastructure Requirements publication]. submission for prong
for the 1997 Annual Fine 3 of section
Particulate Matter National 110(a)(2)(D)(i) as
Ambient Air Quality Standards. it relates to GHG
PSD permitting
requirements.
110(a)(1) and (2) 8/26/2020 7/7/2021 [Insert citation of Approving SIP
Infrastructure Requirements publication]. submission for prong
for the 2006 24-hour Fine 3 of section
Particulate Matter National 110(a)(2)(D)(i) as
Ambient Air Quality Standards. it relates to GHG
PSD permitting
requirements.
110(a)(1) and (2) 8/26/2020 7/7/2021 [Insert citation of Approving SIP
Infrastructure Requirements publication]. submission for
for the 2008 8-Hour Ozone section
National Ambient Air Quality 110(a)(2)(C), prong
Standards. 3 of
110(a)(2)(D)(i), and
110(a)(2)(J) as it
relates to the
regulation of GHG
emissions.
----------------------------------------------------------------------------------------------------------------
Sec. 52.522 [Amended]
0
3. Section 52.522 is amended by removing and reserving paragraph (b).
Sec. 52.523 [Removed and Reserved]
0
4. Remove and reserve Sec. 52.523.
[FR Doc. 2021-14176 Filed 7-6-21; 8:45 am]
BILLING CODE 6560-50-P
