Air Plan Approval; Florida; Revision of Excess Emissions Provisions and Emission Standards, 29598-29616 [2023-09106]
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tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
MoDNR did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Confidential information, Emissions
data, Incorporation by reference, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 21, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
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 AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.210’’ to read as follows:
■
§ 52.1320
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Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
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*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
10–6.210 .................
*
Confidential
Information.
*
*
*
*
9/30/2022
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R04–OAR–2022–0892; FRL–10928–
01–R4]
Air Plan Approval; Florida; Revision of
Excess Emissions Provisions and
Emission Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
18:58 May 05, 2023
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The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Florida on November 22, 2016, and
supplemented on September 30, 2022,
through the Florida Department of
Environmental Protection (FDEP). The
November 22, 2016, SIP revision is in
response to EPA’s SIP call published on
June 12, 2015, concerning excess
emissions during startup, shutdown,
and malfunction (SSM) events. The
September 30, 2022, supplemental SIP
revision addresses additional SSMrelated rule amendments identified by
the State and the addition of source
specific sulfur dioxide (SO2) and
nitrogen oxide (NOX) emission limits.
SUMMARY:
[FR Doc. 2023–08931 Filed 5–5–23; 8:45 am]
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EPA proposes to find that Florida’s SIP
revisions provided November 22, 2016,
and September 30, 2022, correct the
deficiencies identified in EPA’s 2015
SIP call, and thus is proposing to
approve these SIP revisions.
Comments must be received on
or before June 7, 2023.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0892 at 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
ADDRESSES:
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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 https://
www.epa.gov/dockets/commenting-epadockets.
Joel
Huey, Manager, 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–
9104. Mr. Huey can also be reached via
electronic mail at huey.joel@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Background
II. Analysis of the Florida Submittals
A. EPA’s Analysis of Florida’s Excess
Emissions Rule SIP Revision Submitted
November 22, 2016
B. EPA’s Analysis of Florida’s
Supplemental SSM SIP Revision
Submitted September 30, 2022
1. Rule Section 62–296.402, F.A.C.,
Sulfuric Acid Plants (SAPs)
2. Rule Section 62–296.405, F.A.C.,
Existing Fossil Fuel Steam Generators
With Greater Than or Equal to 250
Million British Thermal Unit (Btu) Per
Hour Heat Input
3. Rule Section 62–296.408, F.A.C., Nitric
Acid Plants (NAPs)
4. Rule Section 62–296.570, F.A.C.,
Reasonably Available Control
Technology (RACT)—Requirements for
Major VOC- and NOX-Emitting Facilities
5. Florida’s Source-Specific SO2 and NOX
Emission Limits
i. Methodology for Developing Continuous
SO2 Emission Limits
ii. Methodology for Developing Continuous
NOX Emission Limits
iii. Nutrien White Springs, Emissions Units
066 and 067 (SAPs E and F)
iv. Mosaic Fertilizer, South Pierce Facility,
Emissions Units 004 and 005 (SAPs 10
and 11)
v. Tampa Electric Company (TECO)-Polk
Power Station, Emissions Unit 004, SAP
vi. SAPs With Previously Approved
Source-Specific Emissions
vii. Ascend Pensacola, Emissions Unit 042,
NAP
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viii. Trademark Nitrogen, Emissions Unit
001, NAP
III. Proposed Actions
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On February 22, 2013, EPA issued a
notice of proposed rulemaking outlining
EPA’s policy at the time with respect to
SIP provisions related to periods of
SSM. EPA analyzed specific SSM SIP
provisions and explained how each one
either did or did not comply with the
Clean Air Act (CAA or Act) with regards
to excess emission events. For each SIP
provision that EPA determined to be
inconsistent with the CAA, EPA
proposed to find that the existing SIP
provision was substantially inadequate
to meet CAA requirements and thus
proposed to issue a SIP call under CAA
section 110(k)(5). On September 17,
2014, EPA issued a document
supplementing and revising what the
Agency had previously proposed on
February 22, 2013, in light of a United
States Court of Appeals for the District
of Columbia Circuit decision that
determined the CAA precludes
authority of EPA to create affirmative
defense provisions applicable to private
civil suits. EPA outlined its updated
policy that affirmative defense SIP
provisions are not consistent with CAA
requirements. EPA proposed in the
supplemental proposal document to
apply its revised interpretation of the
CAA to specific affirmative defense SIP
provisions and proposed SIP calls for
those provisions where appropriate. See
79 FR 55920 (September 17, 2014).
On June 12, 2015, pursuant to CAA
section 110(k)(5), EPA finalized ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown and Malfunction,’’
hereinafter referred to as the ‘‘2015 SSM
SIP Action.’’ See 80 FR 33840 (June 12,
2015). The 2015 SSM SIP Action
clarified, restated, and updated EPA’s
interpretation that SSM exemption and
affirmative defense SIP provisions are
inconsistent with CAA requirements.
The 2015 SSM SIP Action found that
certain SIP provisions in 36 states,
including Florida, were substantially
inadequate to meet CAA requirements
and issued a SIP call to those states to
submit SIP revisions to address the
inadequacies. EPA established an 18month deadline by which the affected
states had to submit such SIP revisions.
States were required to submit
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corrective revisions to their SIPs in
response to the SIP calls by November
22, 2016.
EPA issued a memorandum in
October 2020 (2020 Memorandum),
which stated that certain provisions
governing SSM periods in SIPs could be
viewed as consistent with CAA
requirements.1 Importantly, the 2020
Memorandum stated that it ‘‘did not
alter in any way the determinations
made in the 2015 SSM SIP Action that
identified specific state SIP provisions
that were substantially inadequate to
meet the requirements of the Act.’’
Accordingly, the 2020 Memorandum
had no direct impact on the SIP call
issued to Florida in 2015. The 2020
Memorandum did, however, indicate
EPA’s intent at the time to review SIP
calls that were issued in the 2015 SSM
SIP Action to determine whether EPA
should maintain, modify, or withdraw
particular SIP calls through future
agency actions.
On September 30, 2021, EPA’s Deputy
Administrator withdrew the 2020
Memorandum and announced EPA’s
return to the policy articulated in the
2015 SSM SIP Action (2021
Memorandum).2 As articulated in the
2021 Memorandum, SIP provisions that
contain exemptions or affirmative
defense provisions are not consistent
with CAA requirements and, therefore,
generally are not approvable if
contained in a SIP submission. This
policy approach is intended to ensure
that all communities and populations,
including minority, low-income and
indigenous populations overburdened
by air pollution, receive the full health
and environmental protections provided
by the CAA.3 The 2021 Memorandum
also retracted the prior statement from
the 2020 Memorandum regarding EPA’s
plans to review and potentially modify
or withdraw particular SIP calls. That
statement no longer reflects EPA’s
intent. EPA intends to implement the
principles laid out in the 2015 SSM SIP
Action as the Agency acts on SIP
submissions, including the November
22, 2016, SIP submittal provided by
FDEP in response to the 2015 SIP call.
In the 2015 SSM SIP Action, EPA
determined that Florida Administrative
Code Rules (hereinafter referred to as
‘‘Rules’’) 62–210.700(1), 62–210.700(2),
62–210.700(3), and 62–210.700(4) are
1 October 9, 2020, memorandum ‘‘Inclusion of
Provisions Governing Periods of Startup, Shutdown
and Malfunctions in State Implementation Plans.’’
2 September 30, 2021, memorandum ‘‘Withdrawal
of the October 9, 2020, Memorandum Addressing
Startup, Shutdown, and Malfunctions in State
Implementation Plans and Implementation of the
Prior Policy.’’
3 See 80 FR 33839, 33985.
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substantially inadequate to meet CAA
requirements. See 80 FR 33839, 33962
(June 12, 2015). In the existing Florida
SIP, Rule 62–210.700(1) provides that
excess emissions resulting from SSM
modes of operation for any emissions
unit ‘‘shall be permitted’’ if the best
operational practices to minimize those
emissions is employed and the duration
of the excess emissions does not exceed
two hours in a 24-hour period. Rules
62–210.700(2) and .700(3) provide
specifically that excess emissions from
fossil fuel steam generators resulting
from startup or shutdown or from boiler
cleaning (soot blowing) and load
change, respectively, ‘‘shall be
permitted’’ if the best operational
practices to minimize the emissions and
duration of excess emissions are
employed. Finally, SIP-called Rule 62–
210.700(4) provides that excess
emissions which are caused entirely or
in part by ‘‘poor maintenance, poor
operation, or any other equipment or
process failure which may reasonably be
prevented’’ during SSM ‘‘shall be
prohibited.’’ The rationale underlying
EPA’s determination that Rules 62–
210.700(1), (2), (3) and (4) were
substantially inadequate to meet CAA
requirements, and therefore should be
included in the 2015 SSM SIP Action to
remedy the deficiencies, is detailed in
the 2015 SSM SIP Action and
accompanying proposals.
On November 22, 2016, FDEP
submitted a revision to the Florida SIP
(hereinafter referred to as Florida’s
‘‘Excess Emissions Rule SIP Revision’’)
in response to the 2015 SSM SIP Action.
In that revision, FDEP requests EPA
approval of the following changes to the
Florida SIP: (1) removal of Rule 62–
210.700(4) with the addition of
equivalent language to Rules 62–
210.700(1) and (2); (2) amendment of
Rule 62–210.700(3) to amend the
particulate matter (PM) limits applicable
during boiler cleaning (soot blowing)
and load changes by removing the
statement that excess emissions during
these periods ‘‘shall be permitted,’’
removing the exemption for pollutants
other than PM and visible emissions,
and removing a specific allowance for
visible emissions which exceed 60
percent opacity for up to four sixminute periods during the 3-hour period
of excess emissions allowed for soot
blowing or load change; (3) addition of
Rule 62–210.700(6) which states that
Rules 62–210.700(1) and (2) shall not
apply after May 22, 2018, to either
category-specific or unit-specific limits
that have been incorporated into
Florida’s SIP; and (4) addition of Rule
62–210.700(7), which states that after
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the effective date of the rule change
(October 23, 2016), Rules 62–210.700(1)
and (2) shall not apply to new permitspecific emission limits established
pursuant to Florida’s Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) regulations (Rules 62–212.400
and 62–210.500).
On September 30, 2022, FDEP
submitted a supplemental revision
(hereinafter referred to as Florida’s
‘‘Supplemental SSM SIP Revision’’) to
the State’s November 22, 2016, Excess
Emissions Rule SIP Revision. In the
Supplemental SSM SIP Revision, FDEP
includes ‘‘alternative SIP emission
limits for those SIP emission limits that
[FL] DEP identified as problematic’’ if
applied continuously and several
changes to language throughout Chapter
62–296. The State requests EPA
approval of the following changes: (1)
amendment of existing Rule 62–
296.405, ‘‘Fossil Fuel Steam Generators
with More Than 250 Million Btu Per
Hour Heat Input’’ and Rule 62–296.570,
‘‘Reasonably Available Control
Technology (RACT)—Requirements for
Major VOC- and NOX-Emitting
Facilities’’ to clarify how emissions are
calculated, including during periods of
startup, shutdown, and malfunction; (2)
addition of emissions-unit-specific SO2
and NOX emission limits for certain
sulfuric acid plants (SAPs) and nitric
acid plants (NAPs) in Florida; (3)
removal of SO2 emission limits in Rule
62–296.402, ‘‘Sulfuric Acid Plants’’; and
(4) removal of NOX emission limits in
Rule 62–296.408, ‘‘Nitric Acid Plants.’’
II. Analysis of the Florida Submittals
A. EPA’s Analysis of Florida’s Excess
Emissions Rule SIP Revision Submitted
November 22, 2016
The SIP-called provisions of Rules
62–210.700(1), (2), and (3) provide that
excess emissions ‘‘shall be permitted’’
under certain circumstances and thus
provide that such excess emissions will
not be violations, which is inconsistent
with CAA sections 110(a)(2)(A),
110(a)(2)(C), and 302(k). The SIP-called
provision of Rule 62–210.700(4)
provides that excess emissions caused
entirely or in part by poor maintenance,
poor operation, or any other equipment
or process failure that may reasonably
be prevented during periods of SSM are
prohibited. As EPA has previously
noted, such a provision ‘‘does not
negate the underlying problem of
providing exemptions for the excess
emissions in the first instance.’’ See 78
FR 12459, 12503 (February 22, 2013).
Florida’s Excess Emissions Rule SIP
Revision makes changes to Rule 62–
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210.700 to address the specific
deficiencies identified in the 2015 SSM
SIP Action. Florida has added new Rule
62–210.700(6),4 which provides that
paragraphs .700(1) and .700(2) shall no
longer apply for purposes of the SIP
after May 22, 2018. Specifically, Rule
62–210.700(6) provides that these
paragraphs will not apply to limits in
Chapter 62–296 that are incorporated or
will be incorporated into the SIP, nor
will they apply to unit-specific emission
limits which have been or will be
incorporated into the SIP. This covers
all SIP emission limits, since FDEP
establishes its applicable limits in
Chapter 62–296 and otherwise would
submit to EPA unit-specific emission
limits via source-specific SIP revisions
for incorporation into the SIP at 40 CFR
52.520(d). Because May 22, 2018, has
passed, EPA’s proposed approval of
Florida’s Excess Emissions Rule SIP
Revision, if finalized, would effectively
remove Rules 62–210.700(1) and .700(2)
from the SIP. The only changes made to
Rule 62–210.700(1) and .700(2) are to
remove the word ‘‘operational’’ in
describing the requirement that sources
adhere to best practices during periods
of SSM and the addition of the
prohibitory provision from existing Rule
62–210.700(4) (which is being deleted,
as discussed below). EPA proposes to
find that the addition of new Rule 62–
210.700(6) addresses the deficiencies in
.700(1) and .700(2) that EPA identified
in the 2015 SSM SIP Action.
The SIP-called version of Rule 62–
210.700(3) allows excess emissions
‘‘from existing fossil fuel steam
generators resulting from boiler cleaning
(soot blowing) and load change.’’ As
explained in the 2015 SSM SIP Action,
such exemptions are inconsistent with
CAA requirements. The changes to Rule
62–210.700(3) transmitted in Florida’s
Excess Emissions Rule SIP Revision
include: replacement of the term
‘‘Excess’’ with ‘‘Visible’’; deletion of the
term ‘‘shall be permitted’’; deletion of
the exemption for visible emissions
above 60 percent opacity during up to
24 total minutes over a 3-hour period for
periods of soot blowing or load change;
linguistic changes to the opacity and PM
limits applicable during ‘‘boiler
cleaning (soot blowing) and load
change’’; and exclusion of startup and
shutdown from, plus non-substantive
changes to, the definition of load
change. The effect of deleting the
statement that excess emissions ‘‘shall
be permitted’’ during soot blowing or
load change is the removal of the
4 The removal of 62–210.700(4) causes the
renumbering of existing paragraphs 62–210.700(5)
and .700(6) to .700(4) and .700(5), respectively.
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exemption for such excess emissions.
So, rather than permitting excess
emissions during such periods and
specifically allowing for visible
emissions above 60 percent opacity
during up to 24 total minutes over a 3hour period for periods of soot blowing
or load change, the revised rule only
retains the existing requirement that
opacity during these periods may not
exceed 60 percent opacity for the 6minute averaging time for up to 3 hours
in any 24-hour period. Additionally, the
corresponding PM limit is also retained.
Thus, the revised version of Rule 62–
210.700(3) no longer allows for exempt
periods during which no standard
applies to the affected facilities and
makes it more stringent than the current
SIP-approved version of the rule.
As noted above, Rule 62–210.700(4) is
removed, but the same language from
that provision is added at Rules .700(1)
and .700(2). This is not a specific
change to the treatment of excess
emissions under these provisions but
given the addition of Rule 62–
210.700(6), covered in more detail
below, these provisions do not apply
after May 22, 2018, and thus will have
no effect in the SIP.
Rule 62–210.700(6) is a new provision
which terminates the applicability of
Rules 62–210.700(1) and .700(2) after
May 22, 2018, for emission limits or
unit-specific emission limits that have
been incorporated into Florida’s SIP.
According to Florida’s Supplemental
SSM SIP Revision, the purpose of this
provision was to provide ‘‘time to
develop and submit alternative SIP
emission limits for those limits that
would be problematic if they applied at
all times.’’
Rule 62–210.700(7) is a new provision
which terminates the applicability of
paragraphs 62–210.700(1) and .700(2)
on October 23, 2016, for new permitspecific emission limits established
pursuant to Florida’s PSD and NNSR
regulations (Rules 62–212.400 and 62–
210.500). With the addition of this rule,
Florida establishes that emission limits
incorporated into Florida’s permits via
the State’s SIP-approved major new
source review program apply at all
times.
EPA proposes to find that with the
addition of paragraph 62–210.700(6)
and the removal of other exemptions for
transient modes of operation in 62–
210.700(3), emission limits incorporated
into Florida’s SIP apply at all times,
including periods of SSM. Moreover,
EPA is proposing to find that the
addition of 62–210.700(7) ensures that
emission limits incorporated into
Florida construction permits will not
allow excess emissions during periods
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of SSM. Therefore, based on Florida’s
changes to Rule 62–210.700 and the
State’s request to incorporate the revised
language in the Florida SIP, EPA
proposes to find that Florida’s Excess
Emissions Rule SIP Revision is
consistent with CAA requirements and
adequately addresses the specific
deficiencies that EPA identified in the
2015 SSM SIP Action with respect to
Rule 62–210.700 in the Florida SIP.
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1. Rule Section 62–296.402, Sulfuric
Acid Plants (SAPs)
In the Supplemental SSM SIP
Revision, FDEP proposes several
amendments to Rule 62–296.402,
‘‘Sulfuric Acid Plants.’’ Specifically,
FDEP proposes deletion of the
production-based SO2 emission limits in
renumbered Rules 62–296.402(2)(a)2.,
62–296.402(2)(b)2., and 62–
296.402(3)(b) from the SIP. Those
production-based SO2 emission limits
were written in units of pounds per ton
of 100 percent acid produced (pounds
per ton (lbs/ton)) and, when adopted
decades ago into Florida’s first SIP, were
not intended to be applicable during
periods of SSM because (1) the
methodology to calculate compliance
with a rolling three-hour productionbased limit is skewed by the lack of
production during hours of startup and
shutdown, and (2) the corresponding
New Source Performance Standard
(NSPS) at 40 CFR part 60, subpart H, on
which the Florida emission limit for
new units is based, exempted periods of
SSM via performance testing
requirements in subpart A to part 60 in
the original promulgation of part 60 and
as subsequently clarified.5
The SIP-called version of Rule 62–
210.700 allows excess emissions during
periods of SSM. Eleven SAPs that are
otherwise subject to Rule 62–296.402
are already subject to SIP-approved
pound-per-hour SO2 emission limits
which apply at all times, including
during SSM, imposed to attain and
maintain the 2010 SO2 NAAQS.6 To
replace the deleted production-based
SO2 emission limits, FDEP is proposing
to incorporate new SO2 emission limits
in units of pounds per hour (lbs/hr)
based on a longer-term averaging period
(specifically, either 6-hour or 24-hour
averages, as opposed to the 3-hour
average limit in Rule 62–296.402) for
the remaining SAPs in Florida. The
remaining SAPs are Emissions Units
066 and 067 at the White Springs
Agricultural Chemicals, Inc., Suwannee
River/Swift Creek Complex (Nutrien
White Springs); Emissions Units 004
and 005 at the Mosaic Fertilizer, South
Pierce Facility (Mosaic South Pierce);
and Emissions Unit 004 at the TECO
Polk Power Station (TECO-Polk).
The proposed SO2 emission limits for
these facilities apply at all times,
including periods of SSM, and are at
least as stringent as the current SO2
limits in Florida’s SIP in Rule 62–
296.402. Construction permits
containing the proposed SO2 emission
limits for these emissions units have
been issued by FDEP, and relevant
portions of those permits are included
in the Supplemental SSM SIP Revision
for incorporation into the SIP. Sections
II.B.5.iii–v of this notice of proposed
rulemaking (NPRM) provide a detailed
discussion of the emissions-unitspecific SO2 emission limits, the
methodology used for developing the
new emission limits, and the technical
demonstration showing that these limits
are at least as stringent as the existing
emission limits at Rule 62–296.402
proposed for deletion.
Additionally, FDEP has renumbered
existing provisions in Rule 62–296.402
with the addition of paragraph .402(1).
This new paragraph provides that the
SO2 emission limits do not apply to
SAPs which are subject to the
applicable NSPS at 40 CFR part 60,
subpart H. Instead of revising the rule
applicability for SIP purposes with new
paragraph .402(1), FDEP has elected to
remove the SO2 emission limits directly
from the SIP and replace them with
new, source-specific emission limits.
Thus, FDEP has not requested that EPA
incorporate Rule 62–296.402(1), 62–
296.402(2)(a)2., 62–296.402(2)(b)2., or
5 See 36 FR 24876 (December 23, 1971), 42 FR
57125 (November 1, 1977).
6 See 82 FR 30749 (July 3, 2017), 85 FR 9666
(February 20, 2020).
B. EPA’s Analysis of Florida’s
Supplemental SSM SIP Revision
Submitted September 30, 2022
Florida’s Supplemental SSM SIP
Revision requests that EPA approve
multiple changes to Florida’s SIP as
discussed in the following sections. The
changes include SSM-related
amendments to Rule 62–296.402,
‘‘Sulfuric Acid Plants,’’ Rule 62–
296.405, ‘‘Fossil Fuel Steam Generators
with More Than 250 Million Btu Per
Hour Heat Input,’’ Rule 62–296.408,
‘‘Nitric Acid Plants,’’ and Rule 62–
296.570, ‘‘Reasonably Available Control
Technology (RACT)—Requirements for
Major VOC- and NOX-Emitting
Facilities,’’ and the addition of
emissions-unit-specific SO2 and NOX
emission limits for certain SAPs and
NAPs located within the State of
Florida.
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62–296.402(3)(b), as renumbered, into
the SIP.
Finally, FDEP is revising Rule 62–
296.402(6), as renumbered from .402(5),
to change the excess emissions reporting
requirement from quarterly to semiannual. This revision to the frequency of
reporting is consistent with EPA
regulations at 40 CFR part 51, appendix
P, as revised August 14, 2020. See 85 FR
49596. Paragraph .402(5), as
renumbered from .402(4), requires that
facilities producing more than 300 tons
per day (tpd) of sulfuric acid must
install and operate continuous
emissions monitoring systems (CEMS).
Paragraph .402(6), as renumbered from
.402(5), requires the SAPs which install
and operate CEMS to make semi-annual
reports of excess emissions, including
the nature and cause of the excess
emissions. In the original promulgation
of Appendix P to 40 CFR part 51 7 and
the promulgation of early revisions to
the NSPS the same day,8 EPA required
quarterly reporting of such excess
emissions. When FDEP promulgated
requirements for SAPs at Rule 62–
296.402, it regulated sources subject to
both Appendix P of part 51 and the
NSPS, and the quarterly reporting
requirement aligned with federal
minimum requirements. Since that time,
EPA has revised both the NSPS and
Appendix P to allow for less frequent
(namely, semi-annual) reporting of
excess emissions.9 10 Additionally,
EPA’s title V major source operating
permit program regulations,
promulgated in 1992, require semiannual reporting.11
Section 110(l) of the CAA provides
that EPA shall not approve a revision to
a plan if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
requirement of the CAA. The proposed
revision to the frequency of the excess
emissions reporting requirement in the
Florida SIP for Rule 62–296.402 will not
override any more stringent reporting
requirements,12 will not cause any
7 See
40 FR 46240 (October 6, 1975).
40 FR 46250 (October 6, 1975).
9 See 61 FR 47840 (September 11, 1996).
10 See 85 FR 49596 (August 14, 2020).
11 See 57 FR 32250 (July 21, 1992) and 40 CFR
70.6(a)(3)(iii)(A).
12 To the extent any sources are required by other
CAA requirements to submit continuous opacity
monitoring reports more frequently, those
requirements will continue to apply and will not be
impacted by these proposed revisions.
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changes in allowable pollutant
emissions, and will not otherwise
interfere with the State’s ability to attain
and maintain the national ambient air
quality standards (NAAQS) or interfere
with any other applicable CAA
requirement. Furthermore, this change
makes Florida’s reporting requirements
consistent with the federal requirements
in Appendix P to part 51, the NSPS, and
other major source reporting required
for title V major sources.
EPA is also proposing to approve the
portion of Florida’s Supplemental SSM
SIP Revision that removes the existing
SO2 limit from Rule 62–296.402 and
incorporate the source-specific permit
limits into the SIP because the sourcespecific emission limits submitted to
EPA, or previously approved by EPA for
some sources, are continuous and at
least as stringent as the existing SIPapproved limit in this rule. See sections
II.B.5.i, iii–vi of this NPRM for a
detailed analysis of EPA’s proposal to
remove the existing SO2 limit from Rule
62–296.402.
2. Rule 62–296.405, Existing Fossil Fuel
Steam Generators With Greater Than or
Equal to 250 Million Btu Per Hour Heat
Input
Florida’s Supplemental SSM SIP
Revision transmits several changes to
Rule 62–296.405. First, the title is
revised from ‘‘Fossil Fuel Steam
Generators with More Than 250 Million
Btu Per Hour Heat Input’’ to ‘‘Existing
Fossil Fuel Steam Generators with
Greater than or Equal to 250 Million Btu
Per Hour Heat Input.’’ The revised title
clarifies that this section is only
applicable to existing units with a heat
input rate equal to or greater than 250
million Btu per hour. Next, a similar
clarifying change is made to add a new
paragraph 62–296.405(1), which
specifies applicability. This new
paragraph defines an ‘‘existing’’ fossil
fuel steam generator as one in existence,
in operation, under construction, or
which had received a permit to begin
construction prior to January 18, 1972.
EPA is proposing to find that this
provision aligns with the definition of
‘‘existing emission unit’’ already SIPapproved at Rule 62–210.200 and
clarifies that only existing emission
units are subject to Rule 62–296.405.
The existing SIP-approved rule specifies
SIP emission limits for existing
emission units and contains a paragraph
addressing new emissions units that
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simply refers to applicable NSPS. A SIP
revision submitted on April 1, 2022,
seeks to remove the paragraph covering
‘‘new emission units’’ which would
allow for the changes described above.
EPA is proposing to act on the April 1,
2022, SIP revision in a separate
rulemaking. EPA will not finalize the
changes described above unless EPA
finalizes the removal of the paragraph
covering ‘‘new emission units.’’
Next, the Supplemental SSM SIP
Revision renumbers Rule 62–
296.405(1)(a) to Rule 62–296.405(2), and
renumbers Rule 62–296.405(1)(b) to
Rule 62–296.405(3). Paragraph .405(3),
as renumbered, is revised to require
stack testing to demonstrate compliance
unless a PM CEMS is used, specify the
manner of demonstrating compliance
when a PM CEMS is used, and add a
definition for the term ‘‘operating day.’’
Under the existing SIP rule, the PM
emission limit applicable to existing
sources only requires compliance to be
determined via ‘‘applicable compliance
methods.’’ In the Supplemental SSM
SIP Revision, FDEP notes that, pursuant
to existing Rule 62–296.405(1)(e)2, the
applicable compliance methods would
be either stack testing or PM CEMS.
Where PM CEMS are required, such as
for sources subject to Appendix P of 40
CFR part 51 or subject to the NSPS, the
definition of ‘‘operating day’’ utilized in
this provision is consistent with the
definition of ‘‘boiler operating day’’
defined in the NSPS at 40 CFR part 60,
subpart D.13 FDEP specifies the
averaging period applicable to the PM
emission limit as a 30-operating day
limit. Prior to this change, no averaging
time was specified for this emission
limit, and the SIP did not require
compliance with the emission limit
during periods of SSM. EPA is
proposing to find that these changes
clarify the existing emission limit,
specify appropriate methods for
determining compliance, and ensure
that periods of non-compliance during
periods of SSM can be evaluated,
consistent with the removal of
exemptions from applicable SIP
emission limits in the Excess Emissions
Rule SIP Revision.
13 The definition is also consistent with: ‘‘boiler
operating day’’ at 40 CFR part 60, subpart Da for
units constructed, reconstructed, or modified after
February 28, 2005; ‘‘steam generating unit operating
day’’ at 40 CFR part 60, subpart Db; and ‘‘steam
generating unit operating day’’ at 40 CFR part 60,
subpart Dc.
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Florida’s Supplemental SSM SIP
Revision then renumbers Rule 62–
296.405(1)(c) to Rule 62–296.405(4),
renumbers provisions 62–296.405(1)(c)1
through (1)(c)2.c to 62–296.405(4)(a)
through (4)(b)3,14 15 adds language
requiring demonstration of compliance
by fuel sampling unless a SO2 CEMS is
used, and specifies the manner of
demonstrating compliance when a SO2
CEMS is used. Under the existing SIP
rule, the SO2 emission limits applicable
to existing sources only require
compliance to be determined via
‘‘applicable compliance methods.’’ In
Florida’s Supplemental SSM SIP
Revision, FDEP notes that the applicable
compliance methods at existing Rule
62–296.405(1)(e)3 would be either fuel
sampling or SO2 CEMS. Where SO2
CEMS are required, such as for sources
subject to Appendix P of 40 CFR part 51
or subject to the NSPS, FDEP specifies
the averaging period applicable to the
SO2 emission limit as a 24-hour block
average limit. Prior to this change, no
averaging time was specified for certain
applicable emission limits, and the SIP
did not require compliance with the
emission limits during periods of SSM.
EPA is proposing to find that these
changes clarify the existing emission
limits, specify appropriate methods for
determining compliance, and ensure
that instances of non-compliance during
periods of SSM can be evaluated,
consistent with the removal of
exemptions from applicable SIP
emission limits in the Excess Emissions
Rule SIP Revision.
Florida’s Supplemental SSM SIP
Revision also renumbers Rule 62–
296.405(1)(d) to Rule 62–296.405(5);
renumbers provisions 62–296.405(1)(d)1
14 On March 30, 2023, Florida provided a partial
withdrawal and clarification letter related to the
April 1, 2022, and September 30, 2022, SIP
revisions. In this letter, FDEP withdraws the
removal of requirements at 62–296.405(1)(c)1.g. and
62–296.405(1)(d)2. as transmitted in the April 1,
2022, SIP revision, from EPA consideration. The
letter further clarifies that with the retention of
these requirements for Florida Power and Light’s
Manatee Power Plant in the April 1, 2022, SIP
revision, the State is amending its request for what
will be part of the SIP with the approval of the
September 30, 2022, SIP revision. FDEP requests
that EPA recodify these provisions along with other
relevant renumbering to 62–296.405(3)(a)7. and 62–
296.405(5)(b), respectively. This letter is in the
docket for this proposed action.
15 The September 30, 2022, SIP revision shows
that Rule 62–296.405(1)(c)2.d is proposed to be
renumbered to 62–296.405(4)(b)4; however, EPA
notes that the April 1, 2022, SIP revision proposes
to remove this specific provision from the SIP and
includes a noninterference demonstration pursuant
to CAA section 110(l). As noted previously in this
NPRM, EPA is addressing the April 1, 2022,
changes in Rule 62–296.405 in a separate
rulemaking. EPA believes the September 30, 2022,
SIP revision does not intend to reintroduce this
provision for approval into the SIP.
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through (1)(d)4 to 62–296.405(5)(a)
through (5)(d), respectively; adds
language requiring demonstration of
compliance by stack testing unless a
NOX CEMS is used; and specifies the
manner of demonstrating compliance
when a NOX CEMS is used.16 Under the
existing SIP rule, the NOX emission
limits applicable to existing sources
only requires compliance to be
determined via ‘‘applicable compliance
methods.’’ In this SIP revision, FDEP
notes that the applicable compliance
methods at existing Rule 62–
296.405(1)(e)4. would be either stack
testing or NOX CEMS. Where NOX
CEMS are required, such as for sources
subject to Appendix P of 40 CFR part 51
or subject to the NSPS, FDEP specifies
the averaging period applicable to the
NOX emission limit as a 30-operating
day average limit. Prior to this change,
the applicable emission limits did not
specify any averaging times, and the SIP
did not require compliance with the
emission limits during periods of SSM.
EPA is proposing to find that these
changes clarify the existing emission
limits, specify appropriate methods for
determining compliance, and ensure
that periods of non-compliance during
periods of SSM can be evaluated,
consistent with the removal of
exemptions from applicable SIP
emission limits in the Excess Emissions
Rule SIP revision.
Next, Florida’s Supplemental SSM
SIP Revision renumbers Rule 62–
296.405(1)(e) to Rule 62–296.405(6);
renumbers Rules 62–296.405(1)(e)1 and
2 to Rules 62–296.405(6)(a) and (6)(b),
respectively; adds language specifying
that a PM CEMS may be used for
demonstrating compliance with the PM
limit in Rule 62–296.405(3) in lieu of
EPA Methods 17, 5, 5B or 5F (i.e., in
lieu of stack testing); and requires that
any such PM CEMS must comply with
EPA’s Performance Specification 11 of
40 CFR part 60, Appendix B, as adopted
and incorporated by reference into Rule
62–204.800.17 The Supplemental SSM
SIP Revision then renumbers Rules 62–
296.405(1)(e)3 and (e)4 to Rules 62–
296.405(6)(c) and (6)(d), respectively,
and further amends Rule 62–
296.405(6)(d) to exclusively require a
NOX CEMS for determining compliance,
removing the references to stack testing
for NOX. This change means that the
remaining existing emissions units
subject to Rule 62–296.405(5) are
required to install and operate CEMS for
NOX emissions. This provision
16 See
supra note 14.
62–204.800 adopts and incorporates by
reference Federal rules cited throughout FDEP’s air
pollution rules.
17 Rule
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29603
continues to require CEMS to meet the
requirements of 40 CFR part 75, as
adopted and incorporated by reference
in Rule 62–204.800. Additionally, Rule
62–296.405(1)(e)5 is renumbered to Rule
62–296.405(6)(e), and Rule 62–
296.405(1)(f) through (1)(f)2 are
renumbered to Rule 62–296.405(7)
through (7)(b), respectively.
Finally, Florida’s Supplemental SSM
SIP Revision renumbers Rules 62–
296.405(1)(g) and .405(3) to Rules 62–
296.405(8) and .405(9), respectively, and
makes additional changes to 62–
296.405(8). Specifically, the revisions to
Rule 62–296.405(8) change the
frequency at which excess emissions
reports are required to be submitted
from quarterly to semi-annual, define
the period covered by each semi-annual
report, and define the submittal
deadline for each report. The change in
reporting frequency is consistent with
the minimum reporting requirements of
Appendix P to 40 CFR part 51. As
discussed in section II.B.1, revising the
frequency of reports of excess emissions
to align with the federal minimum
requirements and with other
overlapping requirements, such as title
V reporting, will not override any more
stringent reporting requirements, will
not cause any changes in allowable
pollutant emissions, and will not
otherwise interfere with the State’s
ability to attain and maintain the
NAAQS or interfere with any other
applicable CAA requirement, and as
such, is consistent with CAA section
110(l). Therefore, because the changes to
Rule 62–296.405 are generally clarifying
in nature and consistent with federal
requirements, EPA is proposing to
approve these changes submitted in
Florida’s Supplemental SSM SIP
Revision.
3. Rule Section 62–296.408 Nitric Acid
Plants
In Florida’s Supplemental SSM SIP
Revision, FDEP proposes several
changes to Rule 62–296.408, ‘‘Nitric
Acid Plants.’’ Specifically, Florida’s
Supplemental SSM SIP Revision deletes
the production-based short-term 3-hour
average NOX emission limit of 3.0 lbs/
ton of 100 percent acid produced in
Rule 62–296.408(2) and deletes the NOX
test methods listed in Rule 62–
296.408(3)(b) (which prescribe stack
testing), and it marks both deleted
provisions as ‘‘[Reserved].’’ The existing
Rule 62–296.408(2) production-based
NOX emission limit of 3.0 lbs/ton of 100
percent acid produced was not
originally intended to be applicable
during periods of SSM because (1) the
methodology to calculate compliance
with a rolling three-hour production-
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based limit is skewed by the lack of
production during hours of startup and
shutdown, and (2) the corresponding
NSPS at 40 CFR part 60, subpart G, on
which the Florida emission limit for
new units is based, exempted periods of
SSM via performance testing
requirements in subpart A to part 60 in
the original promulgation of part 60 and
as subsequently clarified.18 The current
SIP-approved version of Rule 62–
210.700 provided that excess emissions
during periods of SSM were allowed.
There are currently two NAPs in
Florida subject to this Rule, Ascend
Pensacola and Trademark Nitrogen. To
replace the deleted production-based
limits, FDEP is proposing to incorporate
into the SIP a NOX emission limit of 2.6
lbs/ton of 100 percent nitric acid
produced based on a longer-term (720hour) averaging period for Emissions
Unit 042 at Ascend Pensacola and a
NOX emission limit of 2.6 lbs/ton of
nitric acid produced based on a longerterm (30-day) averaging period for
Emissions Unit 001 at Trademark
Nitrogen. Although 720 hours is
equivalent to 30 days, these two
different rolling averages result in
slightly different recordkeeping: Ascend
Pensacola demonstrates compliance on
an hourly rolling average, whereas
Trademark Nitrogen demonstrates
compliance on a daily rolling average.
Both proposed longer-term NOX
emission limits, which apply at all
times, including periods of SSM, are
comparably stringent to the current NOX
emission limit of 3.0 lbs/ton of 100
percent acid produced in Rule 62–
296.408. For both Ascend Pensacola and
Trademark Nitrogen, FDEP is also
proposing to incorporate into the SIP
shorter-term 3-hour average emission
limits of 3.0 lbs/ton of 100 percent nitric
acid produced, which do not apply
during periods of SSM. Thus, for steadystate operation, the NOX emission limit
in existing Rule 62–296.408 will be
carried forward as source-specific
emission limits for both facilities.
FDEP has issued construction permits
containing the proposed longer-term
NOX emission limits as well as the
short-term NOX emission limit of 3.0
lbs/ton of 100 percent acid produced,
which is proposed for deletion from the
SIP but will continue to exist in the
permits. Therefore, Ascend Pensacola
and Trademark Nitrogen will be subject
to both the same 3-hour average NOX
emission limit of 3.0 lbs/ton of 100
percent acid produced, which
specifically excludes periods of SSM, as
well as the continuous 30-day (or, for
Ascend Pensacola, 720-hour) average
18 See
supra note 5.
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NOX emission limit of 2.6 lbs/ton of 100
percent acid produced. Thus, these
facilities are subject to two limits, one
which is continuous, i.e., applies at all
times, and therefore provides a limit
that covers periods of SSM.
EPA is proposing to approve Florida’s
Supplemental SSM SIP Revision to
remove the existing NOX limit from
Rule 62–296.408 and incorporate the
source-specific permit limits because
the source-specific emission limits
submitted to EPA are continuous and at
least as stringent as the existing SIPapproved limit. Refer to sections II.B.5.i,
vii and viii of this NPRM for further
discussion on the emissions-unitspecific NOX emission limits, the
methodology used for developing those
emission limits, and the rationale for the
substitution of these limits for the
existing SIP-approved emission limits
included at 62–296.408, which support
EPA’s proposed action.
4. Rule Section 62–296.570, Reasonably
Available Control Technology (RACT)—
Requirements for Major VOC- and NOXEmitting Facilities
In Florida’s Supplemental SSM SIP
Revision, FDEP proposes to revise Rule
Section 62–296.570, ‘‘Reasonably
Available Control Technology (RACT)—
Requirements for Major VOC- and NOXEmitting Facilities.’’ Specifically, FDEP
amends Rule 62–296.570(4)(c) by
deleting the term ‘‘Exception’’ from the
prefatory text and ‘‘at all times except’’
as a limitation on the applicability of
the emission limits in the Rule. The
proposed amendment removes an
exception for periods of SSM, ensuring
that RACT emission limits in Rule 62–
296.570 apply at all times and during all
modes of operation, consistent with
revised Rule 62–210.700. Therefore,
EPA is proposing to approve this change
to Rule 62–296.570 because this
language, as revised, is consistent with
the 2015 SSM Policy.
5. Florida’s Source-Specific SO2 and
NOX Emission Limits
On June 2, 2010, the EPA
Administrator signed a final rule setting
a new SO2 NAAQS as a 1-hour standard
of 75 parts per billion (ppb), based on
a 3-year average of the annual 99th
percentile of 1-hour daily maximum
concentrations. See 75 FR 35520 (June
22, 2010). That action also revoked the
1971 annual and 24-hour SO2 NAAQS,
subject to certain conditions. Whenever
a NAAQS is revised, the CAA requires
EPA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA. See 75 FR 35520. EPA
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completed four ‘‘rounds’’ of
designations for the 2010 1-hour SO2
NAAQS.19 In two of these rounds of air
quality designations, three areas in
Florida were designated
nonattainment.20
To assist states in demonstrating
attainment with the primary 2010 1hour SO2 NAAQS, EPA issued a
guidance document titled ‘‘Guidance for
1-Hour SO2 Nonattainment Area SIP
Submissions’’ (SO2 Nonattainment
Guidance) on April 23, 2014.21 The SO2
Nonattainment Guidance provides
EPA’s recommended procedures for
demonstrating that a nonattainment area
will attain the 2010 1-hour SO2 NAAQS.
Among other things, it provides
guidance for using a statistical analysis
to determine NAAQS-protective longerterm emission limits for sources with
variable emissions. This procedure
involves compiling a representative
distribution, or sample set, of actual
emissions data on a 1-hour average,
using these data to compute a
corresponding distribution of longerterm emission averages, and then
calculating the ratio of the 99th
percentile of the longer-term values to
the 99th percentile of the hourly values.
The calculation of this ‘‘equivalency
ratio’’ of 99th percentile emissions
results in the relative ‘‘smoothing’’ of
emissions values recorded in the
shorter-term averaging period by
reducing the variability in the data
assessed and can be used to scale down
the value of a longer-term average
emission limit to make it comparably
stringent to a shorter-term average
emission limit.
In accordance with the SO2
Nonattainment Guidance, an analysis
for determining a NAAQS-protective
longer-term average emission limit
requires determination of a ‘‘critical
emission value’’ (CEV), that is, the
maximum 1-hour emissions rate that
provides for attainment as indicated by
modeling. Once determined through
modeling, the CEV is adjusted
downward by the equivalency ratio to
obtain a lower emission rate of
comparable stringency to the modeled
1-hour average emission rate. The longer
the averaging period, the smaller the
equivalency ratio will be. Comparison of
the modeled 1-hour limit to longer-term
19 See Sulfur Dioxide Designations—Regulatory
Actions, https://epa.gov/sulfur-dioxidedesignations/sulfur-dioxide-designationsregulatory-actions.
20 See 78 FR 47191 (August 5, 2013), 83 FR 1098
(January 9, 2018).
21 See SO Nonattainment Guidance, https://
2
www.epa.gov/so2-pollution/guidance-1-hour-sulfurdioxide-so2-nonattainment-area-stateimplementation-plans-sip.
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(e.g., 6-hour, 24-hour, 720-hour) average
limits, in particular an assessment of
whether the longer-term average limit
may be of comparable stringency to the
1-hour CEV, is critical for demonstrating
that any longer-term average limit in the
SIP will ensure that the SIP will provide
for attainment and maintenance of the
1-hour NAAQS. Florida employed this
approach to develop limits for several
SAPs in its nonattainment areas and in
one unclassifiable area, as designated at
the time of the SIP revisions containing
those limits. All SO2 nonattainment and
unclassifiable areas in Florida have
since been redesignated to attainment or
attainment/unclassifiable.22
The Supplemental SSM SIP Revision
contains longer-term average emission
limits which are comparably stringent to
a shorter-term average limit as it seeks
to replace SIP emission limits for SAPs
and NAPs that are based on a 3-hour
average and only applicable to steadystate operation with continuous
emission limits that also apply during
periods of SSM. The use of longer-term
averaging periods could help to help
account for the additional variability in
emissions introduced when considering
all modes of operation. More detail is
provided with respect to the NAPs and
the remaining SAPs in the State in the
following sections.
i. Methodology for Developing
Continuous SO2 Emission Limits
In the Supplemental SSM SIP
Revision, Florida proposes use of a
similar approach for developing longerterm average SO2 emission limits which
are of comparable stringency to the
current shorter-term (3-hour) SO2
emission limits in Florida’s SIP.
Currently, SO2 emissions for new SAPs
are limited by Rule 62–296.402(2) to 4.0
lbs/ton of acid produced, averaged over
a 3-hour period. Comparable longerterm (24-hour) emission limits were
calculated by substitution of the Rule
62–296.402(2) emission limit of 4.0 lbs/
ton of acid produced in place of a CEV.
Using this approach, FDEP proposes
source-specific permit limits that are
comparably stringent to the current SIPapproved emission limits, but which
allow for emissions variability (e.g.,
during periods of startup).
Making use of available CEMS data,
FDEP compared the 99th percentile 3hour average emission values to the
99th percentile 24-hour average
emission values to develop the sourcespecific equivalency ratios. To be
additionally conservative, FDEP also
compared the 99th percentile 1-hour
average emission values, which would
include more data variability than the 3hour values, to the 99th percentile 24hour average emission values to develop
alternative equivalency ratios. As
Florida sought to establish a mass-based
(hourly) emission limit, the State
multiplied the capacity of the SAPs by
the Rule 62–296.402 production-based
limit to determine the maximum hourly
emissions permitted for steady-state
periods. An appropriate longer-term
emission limit was then calculated as
the product of the hourly representation
of the Rule 62–296.402(2) emission limit
and the equivalency ratio at the selected
longer-term averaging period. FDEP
then worked with the sources to
develop continuous longer-term average
emission limits in construction permits
and submit those permit conditions for
incorporation into the SIP. In each case,
the SAPs were permitted with emission
limits at least as stringent as the
methodology for determining a
comparably stringent longer-term
average emission limit and either
equivalency ratio would produce. Table
1 shows equivalency ratios over
different averaging times for the Nutrien
White Springs and Mosaic South Pierce
SAPs. The TECO Polk SAP is not
included in Table 1, because this unit is
not equipped with CEMS data, which is
discussed in further detail in section
II.B.5.v of this NPRM. The other 11
SAPs subject to Rule 62–296.402 at
Mosaic Fertilizer’s Riverview facility
(Mosaic Riverview), Mosaic Fertilizer’s
Bartow facility (Mosaic Bartow), and
Mosaic Fertilizer’s New Wales facility
(Mosaic New Wales) are not included in
Table 1, because these SAPs already
have continuous limits approved into
the SIP, which is discussed in further
detail in section II.B.5.vi of this NPRM.
TABLE 1—CALCULATED EQUIVALENCY RATIOS FOR SO2 EMISSIONS
Nutrien White Springs .....................................
066–SAP E .....................................................
067–SAP F .....................................................
004–#10 SAP .................................................
005–#11 SAP .................................................
0.976
0.963
0.991
0.986
Equivalency
ratio
(24-hr:1-hr)
0.940
0.899
0.986
0.969
Equivalency
ratio
(24-hr:3-hr)
0.950
0.914
0.991
0.976
Scaling the hourly emissions by an
equivalency ratio in Table 1 provides a
comparably stringent mass-based limit.
As an example, the calculation for
Mosaic South Pierce would be as
follows. The #10 and #11 SAPs each
have a capacity of 3,000 tons of sulfuric
acid produced per day, so the
equivalent mass-based emissions (lbs/
hr) are determined by:
The collective emissions across both
SAPs is then 1,000 lbs/hr SO2. The
average of the two 24-hr:1-hr
equivalency ratios for these units would
be 0.978. The adjustment to the longerterm average comparably stringent
emission cap across both units would
be:
22 See 84 FR 17085 (April 24, 2019), 84 FR 60927
(November 12, 2019), and 85 FR 9666 (February 20,
2020).
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Mosaic South Pierce .......................................
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Equivalency
ratio
(6-hr:1-hr)
Facility
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For comparison purposes, the
equivalent maximum production-based
emissions would be:
The final selected ratio is 0.750, as
agreed upon by FDEP and Mosaic South
Pierce, and is described in further detail
in section B.5.iv of this NPRM. At the
final selected ratio of 0.750, the selected
longer-term average comparably
stringent emission limit would be:
percent nitric acid produced.
Comparable longer-term (720-hour and
30-day) NOX emission limits were
calculated by applying the comparably
stringent concept utilized in the SO2
Guidance to the Rule 62–296.408(2)
emission limit of 3.0 lbs/ton of 100
percent acid produced. In other words,
FDEP used the current SIP-approved
NOX emission limit to develop the new
longer-term average continuous
emission limit.
The production-based ratio of lb NOX/
ton of nitric acid produced is skewed
during periods where nitric acid
production is significantly decreased,
such as startup or shutdown.
Accordingly, the variability in those
periods may not reflect the variability in
NOX emissions coming out of the stack,
as the ratio of emissions/production can
be altered by either component. To
evaluate the actual variability in
emissions, FDEP analyzed the CEMS
data in lbs/hr to determine the
equivalency ratios rather than the
change in emission-to-production ratios
over time. Specifically, FDEP compared
the 98th percentile 1-hour and 3-hour
average emission values in lbs/hr to the
98th percentile 30-day average emission
values to develop the source-specific
equivalency ratios.24 The continuous,
source-specific emission limit was then
calculated as the product of the Rule
62–296.408(2) emission limit and the
equivalency ratio at the selected longerterm averaging period.
The State subsequently worked with
the sources to develop continuous
longer-term average emission limits in
construction permits and submit those
permit conditions for incorporation into
the SIP. The NAPs were permitted with
emission limits at least as stringent as
the methodology for determining a
comparably stringent longer-term
average emission limit and either
equivalency ratio would produce. Table
2 shows equivalency ratios over
different averaging times for the Ascend
Pensacola NAP. The Trademark
Nitrogen NAP is not included in Table
2 because, although this unit is
equipped with CEMS, that source’s data
is not digitized and readily available for
this type of analysis. The Ascend
Pensacola data was utilized for both
NAPs subject to Rule 62–296.408. This
23 See
77 FR 9532 (February 17, 2012).
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24 While the 2010 NO NAAQS, like the 2010 SO
2
2
NAAQS, utilizes a 1-hour averaging period, the
form of the NO2 NAAQS is the 98th percentile
rather than the 99th percentile.
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On January 22, 2010, EPA
strengthened the health-based standard
for nitrogen dioxide (NO2) by setting a
new 1-hour standard of 100 ppb. In
addition to establishing an averaging
time and level, the EPA Administrator
also set a new form for the standard.
The form for the 1-hour NO2 standard is
the 3-year average of the 98th percentile
of the annual distribution of daily
maximum 1-hour average
concentrations. The rule also retained,
with no change, the current annual
average NO2 standard of 53 ppb. See 75
FR 6474 (February 9, 2010). No areas in
Florida were designated nonattainment
for the 2010 NO2 NAAQS.23
Florida uses an approach similar to
the methodology employed to develop
its proposed longer-term average SO2
emission limits for developing proposed
longer-term average NOX emission
limits which are of comparable
stringency to the shorter-term NOX
emission limit currently in Florida’s
SIP. Currently, NOX emissions for new
and existing NAPs are limited by Rule
62–296.408(2) to 3.0 lbs/ton of 100
EP08MY23.001</GPH> EP08MY23.002</GPH>
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ii. Methodology for Developing
Continuous NOX Emission Limits
EP08MY23.004</GPH>
The final equivalent mass rate for
comparison purposes would be:
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29607
is discussed in further detail in section
II.B.5.viii of this NPRM.
Facility
Emissions unit
Equivalency
ratio
(720-hr:1-hr)
Equivalency
ratio
(720-hr:3-hr)
Ascend Pensacola ........................................................
042—NAP .....................................................................
0.950
0.958
equivalency ratio is the same as scaling
the maximum hourly emissions and
subsequently converting it to the
equivalent ratio of pounds per ton (lbs/
ton) of nitric acid produced at the
The adjustment to the longer-term
average comparably stringent emission
cap with use of the 720-hr:1-hr
equivalency ratio of 0.950 would be:
The final selected ratio is 0.867, as
agreed upon by FDEP and Ascend
Pensacola, and is described in further
detail in section B.5.vii of this NPRM.
At the final selected ratio of 0.867, the
selected longer-term average
comparably stringent emission limit
would be:
While a final longer-term average
mass-based emission limit in lbs/hr is
more straightforward, the State can set
the final longer-term average limit as a
production-based limit in units of lbs/
ton of nitric acid produced. A source is
more vulnerable to periods of low
production of nitric acid with the
emission limit in the lbs/ton of nitric
acid form because such periods of low
production can skew the ratio high,
even if NOX emissions from the source
have not significantly increased.
However, with the 720-hour and 30-day
rolling averaging times, these periods of
low production will not be as likely to
result in noncompliance as the 3-hour
averaging time for the Rule 62–296.408
limit would be. Generally, in periods
with decreased production of nitric
acid, the source is still motivated to
compensate with decreased emissions to
bring the ratio of lbs/ton of nitric acid
produced downward. In the alternative,
should the source emit at significantly
higher lbs/hr rates, the source would be
unable to compensate by increasing the
production of nitric acid beyond what
the unit is rated for. Therefore, the lbs/
ton of nitric acid produced form of the
emission limit is not less stringent than
a mass-based (lbs/hr) emission limit
would be.
Based on the modified methodology
(i.e., substituting SO2 and NOX emission
limits from Rules 62–296.402(2) and 62–
296.408(2) for the modeled CEV in the
SO2 Guidance), FDEP proposes that
emissions-unit-specific emission limits
be incorporated into the SIP as
comparably stringent longer-term
emission limits, thereby providing
continuous emission limits for these
facilities upon approval of Florida’s
Supplemental SSM SIP Revision. These
emission limits would be applicable at
all times and during all modes of
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maximum throughput. The Ascend
Pensacola NAP has a capacity of 1,500
tons of nitric acid produced per day, so
the equivalent mass-based emissions
(lbs/hr) are determined by:
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Scaling the existing steady-state SIP
limit by an equivalency ratio in Table 2
provides a comparably stringent longerterm average emission limit. Scaling the
production-based limit by the
EP08MY23.005</GPH> EP08MY23.006</GPH>
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TABLE 2—CALCULATED EQUIVALENCY RATIOS FOR NOX EMISSIONS
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operation, including periods of SSM.
Each emission limit was included in
construction permits issued recently by
FDEP. Using this approach, any
emission limit established for a source
with an averaging time longer than one
hour would be set at a level that is
sufficiently lower to provide a
comparable degree of stringency as the
existing 3-hour SIP emission limit. The
adjusted longer-term limit would allow
occasional emission spikes above the
limit during shorter averaging periods,
but this adjusted limit would also
require emissions to be lower for most
of the averaging period than they would
be required to be with a 3-hour emission
limit. Thus, the longer-term average
emission limit, when adjusted for
comparable stringency, will result in
reduced overall allowable emissions at
the longer-term averaging time and
beyond, and will require the source to
minimize any excursions above the
previous 3-hour averaging period. The
development of these emission limits
for each facility, and assessment of the
impacts to the SIP, are discussed in
greater detail in sections II.B.5.iii–viii
below.
iii. Nutrien White Springs, Emissions
Units 066 and 067 (SAPs E and F)
Permit 0470002–132–AC, issued to
Nutrien White Springs on September 22,
2022, imposes a combined longer-term
SO2 emissions cap of 840 lbs/hr, based
on a 24-hour block averaging period
(0600 hours to 0600 hours) for SAPs E
and F, requires that initial and ongoing
compliance demonstrations be based on
SO2 CEMS data, and specifies
recordkeeping requirements applicable
to the combination of Emissions Unit
066 (SAP E) and Emissions Unit 067
(SAP F). By permit, these conditions
became effective January 1, 2023. SAPs
E and F are both subject to this SO2
emissions cap during all times of
operation, including periods of SSM;
however, the 24-hour block average
must omit data generated during any
hours when both SAPs are not
operating. Florida’s Supplemental SSM
SIP Revision requests that EPA
incorporate this emissions limit and
associated monitoring, recordkeeping,
and reporting requirements into the SIP.
The longer-term SO2 emission cap is
in addition to an existing 3-hour rolling
average SO2 emission limit of 2.6 lbs/
ton of sulfuric acid produced, which
does not include periods of SSM, and a
365-day rolling average SO2 emission
limit of 2.3 lbs/ton of sulfuric acid
produced on a 365-day rolling average
that does include SSM. Florida also
submitted the 3-hour rolling average
and 365-day rolling average limits to
EPA for incorporation into the SIP via
an October 8, 2021, SIP revision, which
EPA will address in a separate action.
The longer-term 24-hour SO2
emission limit was calculated based on
an equivalency ratio of 0.916, which
FDEP and Nutrien White Springs agreed
upon as a conservative equivalency
ratio. The agreed-upon equivalency ratio
corresponds with the lower end of the
calculated 24-hour to 3-hour
equivalency ratios for SAPs E and F
listed in Table 1 and is less than the
average of the two equivalency ratios
calculated for these emissions units and,
therefore, results in a more stringent
emission limit across the two SAPs. The
proposed SO2 emission limit of 840 lbs/
hr (24-hour average) is based on
concurrent operation of SAPs E and F at
the maximum permitted hourly
throughput rate for each unit. Table 3
compares the existing Rule limit to the
proposed source-specific SIP limit.
TABLE 3—NUTRIEN WHITE SPRINGS, COMPARISON OF EXISTING RULE AND PROPOSED SOURCE-SPECIFIC EMISSION
LIMITS
Current production-based SIP limit a
Emission unit
Sulfuric acid
capacity
(tpd)
066 (SAP E) ............
067 (SAP F) ............
Combined
calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
2,750
2,750
4
4
Proposed source-specific SIP limit b
Combined
maximum
annual SO2
emissions
(tpy) c
917
Combined
calculated
SO2 production
emission
(lbs/ton)
[24-hr avg]
4,015
3.67
Combined
hourly SO2
limit
(lbs/hr)
[24-hr avg]
840
Combined
maximum
annual SO2
emissions
(tpy)
3,679
a Rule
62–296.402(2).
No. 0470002–132–AC. Based on an equivalency ratio of 0.916 agreed upon by FDEP and Nutrien.
= tons per year.
b Permit
ddrumheller on DSK120RN23PROD with PROPOSALS1
c tpy
Regarding the two SAPs at Nutrien
White Springs, EPA has evaluated the
incorporation of the new hourly
emission limit against removal of the
historical production-based limits in
Rule 62–296.402 from the SIP
considering the requirements of CAA
section 110(l), which provides that EPA
shall not approve a revision to a plan if
the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. In its
submission, FDEP provides an analysis
utilizing a methodology similar to the
approach outlined in the SO2
Nonattainment Guidance for developing
a long term, 24-hr block averaging
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period (0600 hours to 0600 hours) SO2
emission limit, applicable at all times
during operation, for the combination of
Emissions Units 006 (SAP E) and 067
(SAP F) at the Nutrien White Springs
facility that is comparably stringent to
the Rule 62–296.402(2) SO2 emission
limit in Florida’s SIP.
Given that the proposed sourcespecific hourly limit applies at all times,
it is more stringent for periods of SSM
than the existing Rule 62–296.402 limit,
which does not apply during these
periods. Furthermore, EPA is proposing
to find that the source-specific emission
limit is consistent with the 2015 SSM
Policy and helps FDEP achieve
consistency with the 2015 SSM SIP
Action across its SIP by eliminating an
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emission limit that does not apply at all
times and including an emission limit
that applies at all times. Table 3 shows
that the new source-specific limit is
comparably stringent to the existing
Rule 62–296.402 3-hour emission limit
for non-SSM periods of operation.
Additionally, Florida selected a 24-hour
average source-specific emission limit
that is more stringent than one
calculated using the equivalency ratios
in Table 1 (840 lbs/hr versus 844 lbs/hr).
Therefore, EPA does not expect
emissions to increase as a result of
removing the existing Rule 62–296.402
production-based emission limit.
Additionally, EPA notes that these units
remain subject to the equivalent 3-hour
average emission limit covering steady-
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state operation pursuant to 40 CFR part
60, subpart H. Thus, the 3-hour average
allowable emissions applicable to
steady-state (non-SSM) operation will
not be relaxed, even with the removal of
the Rule 62–296.402 3-hour emission
limit.
The proposed 24-hour SO2 emission
limit for SAPs E and F at Nutrien White
Springs is of comparable stringency to
the emission limit in Rule 62–296.402.
Because the facility will have a
permanent and federally enforceable
SIP-approved emission limit that is
comparably stringent to the existing
Rule limit and that applies at all times,
EPA proposes to remove the emission
limit at Rule 62–296.402(2)(b) from the
SIP.
iv. Mosaic Fertilizer, South Pierce
Facility, Emissions Units 004 and 005
(SAPs 10 and 11)
Permit 1050055–037–AC, issued to
Mosaic South Pierce on September 22,
2022, imposes a combined longer-term
SO2 emissions cap of 750 lbs/hr based
on a 24-hour block averaging period
(0600 hours to 0600 hours) for SAP #10
and #11, specifies initial and ongoing
compliance demonstrations be based on
SO2 CEMS data, and specifies
recordkeeping requirements applicable
to the combination of Emissions Unit
004 (SAP #10) and Emissions Unit 005
(SAP #11). By permit, the conditions
became effective April 1, 2023. SAP #10
and #11 are collectively subject to a
longer-term SO2 emissions cap during
all times of operation, including periods
of SSM. The 24-hour block average does
not include any hours during which
both SAPs are not operating. Florida’s
Supplemental SSM SIP Revision
requests that EPA incorporate these
emissions limits and associated
monitoring, recordkeeping, and
reporting requirements into the SIP.
The longer-term 24-hour SO2
emissions cap was calculated based on
an equivalency ratio of 0.750, which
FDEP and Mosaic agreed upon as a
conservative ratio. This factor is far less
than the calculated 24-hour to 3-hour
equivalency ratios for SAPs #10 and
#11, as shown in Table 1, and results in
proposed source-specific SIP emission
limits that are more conservative than
called for by the comparable stringency
approach. The proposed SO2 emission
limit of 750 lbs/hr (24-hour average) is
based on concurrent operation of SAP
10 and SAP 11 at the maximum
permitted hourly throughput rate for
each unit. Table 4 compares the existing
Rule limit to the proposed sourcespecific SIP limit.
TABLE 4—MOSAIC FERTILIZER, SOUTH PIERCE, COMPARISON OF EXISTING RULE AND PROPOSED SOURCE-SPECIFIC
EMISSION LIMITS
Current production-based SIP limit a
Emission unit
Sulfuric acid
capacity
(tpd)
4 (#10 SAP) ...............
5 (#11 SAP) ...............
a Rule
Combined
calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
3,000
3,000
4
4
Proposed source-specific SIP limit b
Combined
maximum
annual SO2
emissions
(tpy)
1,000
Calculated
SO2 production
emissions
(lbs/ton)
[24-hr avg]
4,380
3
Combined
hourly SO2
limit
(lbs/hr)
[24-hr avg]
750
Combined
maximum
annual SO2
emissions
(tpy)
3,285
62–296.402(2).
No. 1050046–083–AC. Based on an equivalency ratio of 0.750 agreed upon by FDEP and Mosaic.
ddrumheller on DSK120RN23PROD with PROPOSALS1
b Permit
Regarding the two SAPs at Mosaic
South Pierce, EPA has evaluated
incorporation of the new hourly
emission limit against the removal of
the historical production-based limits in
Rule 62–296.402 from the SIP
considering the requirements of CAA
section 110(l). In its submission, FDEP
provides an analysis utilizing a
methodology similar to the approach
outlined in the SO2 Nonattainment
Guidance for developing a long term,
24-hr block averaging period (0600
hours to 0600 hours), SO2 emission
limit, applicable at all times during
operation, for the combination of
Emissions Units 004 and 005 at Mosaic
South Pierce that is comparably
stringent to the Rule 62–296.402(2) SO2
emission limit in Florida’s SIP.
Given that the proposed sourcespecific hourly limit applies at all times,
it is more stringent for periods of SSM
than the Rule limit, which does not
apply during these periods.
Furthermore, EPA is proposing to find
that the source-specific emission limit is
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consistent with the 2015 SSM Policy
and helps FDEP achieve consistency
with the 2015 SSM SIP Action across its
SIP. Table 4 shows that the new sourcespecific limit is comparably stringent to
the existing Rule 62–296.402 3-hour
emission limit for non-SSM periods of
operation. Florida selected a 24-hour
average source-specific emission limit
that is more stringent than one
calculated using the equivalency ratios
in Table 1 (750 lbs/hr versus 978 lbs/hr).
Therefore, EPA does not expect
emissions to increase as a result of
removing the existing Rule 62–296.402
production-based emission limit.
Additionally, EPA notes that these units
remain subject to the equivalent 3-hour
average emission limit covering steadystate operation pursuant to 40 CFR part
60, subpart H. Thus, the 3-hour average
allowable emissions applicable to
steady-state (non-SSM) operation will
not be relaxed, even with the removal of
the Rule 62–296.402 3-hour emission
limit.
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The 24-hour SO2 emission limit for
SAPs 10 and 11 at the Mosaic South
Pierce is of comparable stringency to the
emission limits in Rule 62–296.402.
Because the facility will have a
permanent and federally enforceable
SIP-approved emission limit that is as
stringent as the Rule limit and that
applies at all times, EPA proposes to
remove the emission limit at Rule 62–
296.402(2)(b) from the SIP.
v. TECO-Polk Power Station, Emissions
Unit 004, SAP
Permit 1050233–050–AC, issued to
TECO-Polk on September 21, 2022,
imposes a longer-term SO2 emission
limit of 48.0 lbs/hr, based on a 6-hour
average, specified SO2 emissions testing
by stack test (EPA Method 6C), and adds
recordkeeping and recording
requirements applicable to the facility’s
SAP. By permit, these conditions
became effective January 1, 2023.
Florida’s Supplemental SSM SIP
Revision requests that EPA incorporate
this emissions limit and associated
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monitoring, recordkeeping, and
reporting requirements into the SIP.
TECO-Polk is not equipped with a
SO2 CEMS, as the facility has never
been subject to the NSPS at 40 CFR part
60, subpart H, and is not subject to
Appendix P of 40 CFR part 51. Thus,
Florida chose to select a longer-term
average emission limit that would still
allow for stack testing to determine
compliance. The State determined that
six 1-hour stack test runs could be
utilized for a slightly longer-term, 6hour average emission limit, and that
this averaging timeframe would help to
account for additional variability in the
emissions when applying the limit to all
modes of operation. The selected 6-hour
emission limit was adjusted downward
from the hourly expression of the
production-based 3-hour average SIP
emission limit, from 49.8 lbs/hr to 48.0
lbs/hr, to account for possible
excursions above the limit during
shorter averaging periods. The State
checked this new emission limit against
6-hour:3-hour and 6-hour:1-hour
equivalency ratios for Nutrien White
Springs and Mosaic South Pierce SAPs
which are equipped with CEMS.
Calculated equivalency ratios for these
sulfuric acid plants are listed in Table
1. The selected limit is consistent with
the smallest fractional 6-hour:1-hour
equivalency ratio of 0.963 across these
SAPs, calculated for SAP F at the
Nutrien White Springs. The 6-hour
average emission limit is applicable at
all times during operation, including
periods of SSM. The proposed SO2
emission limit of 48.0 lbs/hr (6-hour
average) is based on operation of the
SAP at TECO-Polk at the maximum
permitted hourly throughput rate. Table
5 compares the existing Rule limit to the
proposed source-specific emission limit.
TABLE 5—TECO POLK POWER STATION, COMPARISON OF EXISTING RULE AND PROPOSED SOURCE-SPECIFIC EMISSION
LIMITS
Current production-based SIP limit a
Proposed source-specific SIP limit b
Emission unit
Sulfuric acid
capacity
(tpd)
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
Calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
Maximum
annual SO2
emissions
(tpy)
Calculated
SO2 production
emissions
(lbs/ton)
[6-hr avg]
Hourly
SO2 limit
(lbs/hr)
[6-hr avg]
Maximum
annual SO2
emissions
(tpy)
004 .............................
299
4
49.8
218.3
3.85
48.0
214.6
a Rule
ddrumheller on DSK120RN23PROD with PROPOSALS1
62–296.402(2).
b Permit No. 1050233–050–AC.
As noted previously, the TECO-Polk
SAP is not equipped with a SO2 CEMS.
EPA also notes that annual SO2
potential emissions from the TECO-Polk
SAP, at 214.6 tpy, are an order of
magnitude less than the Nutrien White
Springs SAPs (3,678 tpy) and Mosaic
South Pierce SAPs (3,285 tpy), as can be
seen in Tables 3, 4, and 5.25 Therefore,
EPA believes this separate approach to
determining a slightly longer-term
average emission limit, in the absence of
other information, is appropriate.
Regarding the SAP at TECO-Polk, EPA
has evaluated incorporation of the new
hourly emission limit against the
removal of the historical productionbased limit in Rule 62–296.402 from the
SIP considering the requirements of
CAA section 110(l). In its submission,
FDEP’s methodology for developing a
longer-term 6-hour SO2 emission limit,
applicable at all times during operation,
for the TECO-Polk Power Station SAP
(Emissions Unit 004), was reasonable in
the absence of other data, such as CEMS
data, and given that the averaging time
was only increasing slightly. The State
checked that the equivalency ratio for
other SAPs equipped with CEMS would
result in a similar adjustment
25 EPA also notes as a practical matter that EU004
at TECO Polk has not operated in recent years due
to the facility’s combustion of natural gas in lieu of
generating syngas from coal and petroleum coke,
which would then be treated by the SAP for sulfur
removal ahead of combustion.
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downward in moving from a 3-hour
average to a 6-hour average emission
limit. The resultant longer-term average
emission limit is at least as stringent as
the current 3-hour SO2 emission limit at
Rule 62–296.402(2) of the Florida SIP
and, at the averaging time of 6-hours
and beyond, reduces the PTE.
Given that the proposed sourcespecific hourly limit applies at all times,
it is more stringent for periods of SSM
than the Rule limit which does not
apply during these periods.
Furthermore, EPA is proposing to find
that the source-specific emission limit is
consistent with the 2015 SSM Policy
and helps FDEP achieve consistency
with the 2015 SSM SIP Action across its
SIP. Table 5 shows that the new sourcespecific limit is as stringent as the
existing Rule 62–296.402 3-hour
emission limit for non-SSM periods of
operation. The selected emission limit
would be in line with the most
conservative equivalency ratio that SO2
CEMS data available for SAP E and SAP
F at the Nutrien White Springs facility
and SAP 10 and SAP 11 at Mosaic
South Pierce would determine.
Therefore, EPA does not expect
emissions to increase as a result of
removing the existing Rule 62–296.402
production-based emission limit.
The 6-hour SO2 emission limit for the
SAP at TECO-Polk is at least as stringent
as the emission limits in Rule 62–
296.402. Because the facility will have
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Fmt 4702
Sfmt 4702
a permanent and federally enforceable
SIP-approved emission limit that is as
stringent as the Rule limit and is
applicable at all times, EPA proposes to
approve removal of the emission limit at
Rule 62–296.402(2)(b) from the SIP.
vi. SAPs With Previously Approved
Source-Specific Emissions
Removing the emission limits at Rule
62–296.402 from the SIP would also
remove applicable emission limits for
several other SAPs in Florida for which
EPA has already approved sourcespecific continuous emission limits that
are significantly more stringent than the
limits being removed. In addition to the
production-based limit of 4.0 lbs/ton of
sulfuric acid produced, FDEP is
removing the higher emission limit of
10.0 lbs/ton of sulfuric acid produced at
Rule 62–296.402(1)(a)2 and 29.0 lbs/ton
of sulfuric acid produced at 62–
296.402(1)(b)2.
Only ‘‘existing emission units’’ in the
State (i.e., those which, in accordance
with the definitions at Rule 62–210.200
were in existence, in operation, or under
construction, or which had received a
permit to begin construction prior to
January 18, 1972) would have been
subject to the less stringent 10.0 lbs/ton
of sulfuric acid produced SO2 emission
limit at 62–296.402(1)(b)2, approved in
Florida’s original SIP submittal. See 37
FR 10842 (May 31, 1972). On July 3,
2017, EPA approved SIP revisions
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requiring updated continuous SO2
emission limits for three SAPs at Mosaic
Fertilizer’s Riverview facility (Mosaic
Riverview): EU 004 (#7 SAP), EU 005
(#8 SAP), and EU 006 (#9 SAP). See 82
FR 30749 (July 3, 2017). Two of the
SAPs, EU 004 (#7 SAP) and EU 005 (#8
SAP), began operation before January
18, 1972, and are therefore defined in
Florida’s SIP as ‘‘existing emission
units’’ even though they have been
reconstructed such that the NSPS at 40
CFR part 60, subpart H applies.
Consequently, these SAPs at Mosaic
Riverview are still subject to the less
stringent SO2 emission limit of 10.0 lbs/
ton of sulfuric acid produced at 62–
296.402(1)(b)2 as well as the NSPS limit
of 4.0 lbs/ton of sulfuric acid produced,
which is equivalent to the SIP emission
limit in Rule 62–296.402(2)(b). The limit
across all three SAPs, transmitted to
EPA in an April 3, 2015, SIP revision
and approved in the July 3, 2017, final
action is significantly more stringent
than the 10.0 lbs/ton of sulfuric acid
produced limit. Table 8 provides
additional information on how the
updated 2017-approved emission limits
are as stringent as the existing SIP limit
proposed for removal. The updated
2017-approved source-specific emission
limits for EU 004 and EU 005 are also
continuous, applying during periods of
SSM, and were also shown to provide
for attainment of the 1-hour SO2
NAAQS.
The less stringent limit of 29.0 lbs/ton
of sulfuric acid produced at former 62–
296.402(1)(a)2 has only applied to one
source, Occidental Chemical Company,
which is now Nutrien White Springs.26
See 40 FR 49328 (October 22, 1975).
However, the only active SAPs at this
facility are EU 066 (SAP E) and EU 067
(SAP F), which are not ‘‘existing
emissions units’’ under Florida’s
definition at 62–210.200, and the State
notes that they are subject to the
emission limit of 4.0 lbs/ton of sulfuric
acid produced in the SIP. Therefore, this
higher SO2 emission limit is not
applicable to any emission units in the
State, and there are no emissions
impacts from removing it.
The remaining SAPs—EU6 at the
Mosaic Riverview, the three units at
Mosaic Fertilizer, Bartow facility
(Mosaic Bartow), and the five units at
Mosaic Fertilizer, New Wales facility
(Mosaic New Wales)—are all subject to
the emission limit at 62–296.402(2)(b) of
4.0 lbs/ton of sulfuric acid produced.
FDEP notes in its September 20, 2022,
submittal that the source-specific
longer-term average emission limits for
the 11 SAPs across three facilities were
more stringent than the SIP emission
limits in Rule 62–296.402 because they
provided for attainment of the 1-hour
SO2 NAAQS. Additionally, Tables 6
through 8 compare the source-specific
SIP emission limits approved by EPA
into the SIP in previous actions to the
Rule 62–296.402 emission limits. Across
all facilities, the total annual emissions
allowed under the source-specific SIP
emission limits are significantly less
than what is allowed under Rule 62–
296.402. Additionally, the hourly and
production-based emission limits
compare favorably, and Table 9 shows
that the source-specific emission limits
are lower than the production-based
limits would be if expressed as hourly
limits, and lower than the equivalency
ratios in Table 1 used for determining
limits that are comparably stringent to
the Rule 62–296.402(2)(b) limit. Finally,
the hourly limits are continuous,
whereas the existing Rule limits
proposed for removal only apply during
steady-state operation, exempting
periods of SSM.
TABLE 6—MOSAIC BARTOW COMPARISON OF EXISTING RULE AND SOURCE-SPECIFIC EMISSION LIMITS
Current production-based SIP limit a
Emission unit
Sulfuric acid
capacity
(tpd)
012 (No. 4 SAP) ........
032 (No. 5 SAP) ........
033 (No. 6 SAP) ........
a Rule
Combined
calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
2,600
2,600
2,600
4
4
4
Approved source-specific SIP limit b
Combined
maximum
annual SO2
emissions
(tpy)
1,300
Combined
calculated
SO2 production
emissions
(lbs/ton)
[24-hr avg]
5,694
3.38
Combined
hourly SO2
limit
(lbs/hr)
[24-hr avg]
Combined
maximum SO2
emissions
(tpy)
1,100
4,818
62–296.402(2)(b).
No. 1050046–050–AC. See 85 FR 9666 (February 2, 2017).
b Permit
TABLE 7—MOSAIC NEW WALES COMPARISON OF EXISTING RULE AND SOURCE-SPECIFIC EMISSION LIMITS
Current production-based SIP limit a
ddrumheller on DSK120RN23PROD with PROPOSALS1
Emission unit
002
003
004
042
043
(No.
(No.
(No.
(No.
(No.
a Rule
1
2
3
4
5
SAP)
SAP)
SAP)
SAP)
SAP)
Sulfuric acid
capacity
(tpd)
........
........
........
........
........
Combined
calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
3,400
3,400
3,400
2,900
2,900
4
4
4
4
4
Approved source-specific SIP limit b
Combined
maximum
annual SO2
emissions
(tpy)
2,667
Combined
calculated
SO2
production
emissions
(lbs/ton)
[24-hr avg]
11,680
1.63
62–296.402(2)(b).
No. 1050059–106–AC. See 85 FR 9666 (February 2, 2020).
b Permit
26 See additional source historical information at
https://frs-public.epa.gov/ords/frs_public2/fii_
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query_dtl.disp_program_facility?p_registry_
id=110000588640.
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08MYP1
Combined
hourly
SO2 limit
(lbs/hr)
[24-hr avg]
1,090
Combined
maximum
annual SO2
emissions
(tpy)
4,774
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TABLE 8—MOSAIC RIVERVIEW COMPARISON OF EXISTING RULE AND SOURCE-SPECIFIC EMISSION LIMITS
Approved source-specific SIP limit a
Current production-based SIP limit
Emission unit
Sulfuric acid
capacity
(tpd)
4 (No. 7 SAP) ............
5 (No. 8 SAP) ............
6 (No. 6 SAP) ............
SO2 limit
(lbs/ton acid
produced)
[3-hr avg]
Combined
calculated
SO2 hourly
emissions
(lbs/hr)
[3-hr avg]
b 10
3,200
2,700
3,400
Combined
maximum
annual SO2
emissions
(tpy)
3,025
Combined
calculated
SO2 production
emissions
(lbs/ton)
[24-hr avg]
13,250
Combined
hourly
SO2 limit
(lbs/hr)
[24-hr avg]
1.48
575
Combined
maximum
annual SO2
emissions
(tpy)
2,518
b 10
c4
a Permit
b Rule
c Rule
No. 0570008–080–AC. See 82 FR 30749 (July 3, 2017).
62–296.402(1)(b)2.
62–296.402(2)(b).
TABLE 9—RATIO OF EXISTING SOURCE-SPECIFIC AND PRODUCTION-BASED EMISSION LIMITS FOR MOSAIC BARTOW, NEW
WALES, AND RIVERVIEW FACILITIES
Calculated ratio of
facility-wide sourcespecific limits to
rule limits
Facility
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Mosaic
Mosaic
Mosaic
Mosaic
Bartow .............................................................................................................................................................................
New Wales ......................................................................................................................................................................
Riverview Units EU4–EU5 ..............................................................................................................................................
Riverview Unit EU6 .........................................................................................................................................................
Regarding these 11 SAPs, EPA has
already approved continuous hourly
emission limits for these facilities into
the SIP. EPA is not reopening those
underlying actions to approve the
source-specific, continuous emission
limits into the SIP. EPA instead has
evaluated the removal of the historical
production-based limits in Rule 62–
296.402 from the SIP considering the
requirements of CAA section 110(l).
Given the SIP-approved hourly limits
apply at all times, the limits are more
stringent for periods of SSM than the
Rule limits which do not apply during
these periods. Furthermore, EPA is
proposing to find that these sourcespecific emission limits are consistent
with the 2015 SSM Policy and help
FDEP achieve consistency with the 2015
SSM SIP Action across its SIP.
The comparison of hourly and
production-based emission limits shows
that the source-specific limits are more
stringent. Additionally, the actual ratios
of the 24-hour average source-specific
emission limits to the respective 3-hour
average emission limits under Rule 62–
296.402 presented in Table 9 are much
lower than any equivalency ratios
determined for similar sources via
Florida’s methodology to determine
appropriate equivalency ratios
presented in Table 1. This means that
the 24-hour limits established to be
comparably stringent to modeled CEVs
are more stringent than would be
calculated to determine longer-term
average limits that are comparably
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stringent to the Rule 62–296.402 limits.
Therefore, emissions are not expected to
increase as a result of removing the
existing Rule production-based
emission limits. Additionally, EPA
notes that these units remain subject to
the 3-hour average emission limit of 4.0
lbs/ton of sulfuric acid produced
covering steady-state operation pursuant
to 40 CFR part 60, subpart H. Thus, the
3-hour average allowable emissions
applicable to steady-state (non-SSM)
operation will not be relaxed, even with
the removal of the Rule 62–296.402 3hour emission limits.
As explained in this section, the
previously SIP-approved 24-hour SO2
emission limits for SAPs at Mosaic
Bartow, Mosaic New Wales, and Mosaic
Riverview are more stringent than the
emission limits in Rule 62–296.402.
Because these facilities have existing
SIP-approved emission limits that are
more stringent than the Rule 62–296.402
limits, EPA proposes to remove the
emission limits in Rule 62–296.402 from
the SIP.
vii. Ascend Pensacola, Emissions Unit
042, NAP
Construction Permit 0330040–076–
AC, issued to Ascend Pensacola on
September 20, 2022, imposes a new
longer-term NOX emission limit,
expressed as NO2, of 2.6 lbs/ton of nitric
acid produced, based on a rolling 720hour average. The permit also specifies
NOX emissions testing and monitoring
requirements, emissions calculation
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0.846
0.409
0.148
0.371
methods, recordkeeping, and recording
requirements applicable to the Nitric
Acid Plant (EU 042) at Ascend
Pensacola. By permit, the conditions
became effective January 1, 2023.
Florida’s Supplemental SSM SIP
Revision requests that EPA incorporate
this emissions limit and associated
monitoring, recordkeeping, and
reporting requirements into the SIP.
The new longer-term NOX emission
limit is in addition to the NSPS, Subpart
G, NOX emission limit, expressed as
NO2, of 3.0 lbs/ton of 100 percent nitric
acid produced, based on a 3-hour
average excluding periods of SSM, and
a maximum allowable annual NOX
emission limit of 285 tons of NOX per
year based on a 365-day rolling total as
determined by CEMS data and stack gas
flow rate. Florida’s Supplemental SSM
SIP Revision requests that EPA
incorporate into the SIP the 3.0 lbs/ton
of 100 percent nitric acid produced
limit that excludes periods of SSM.
Florida did not request incorporation of
the annual limit of 285 tons NOX per
year. This would mean that the only
change to what applies during non-SSM
periods of operation is that there is now
an additional limit that applies over a
longer-term averaging period.
The NAP at this facility is equipped
with a NOX CEMS. Data from the
facility’s NOX CEMS were used to
develop both a 30-day:1-hour
equivalency ratio of 0.950 and a 30day:3-hour equivalency ratio of 0.958.
However, the State used an equivalency
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ratio of 0.867, which FDEP and Ascend
Pensacola agreed upon, in developing
the new longer-term NOX productionbased limit of 2.6 lbs/ton (720-hour
average) to provide ‘‘reasonable
assurance that the [longer-term NOX]
emission limit reflected a highly
controlled emission limiting process
operating continuously.’’ As another
point of comparison, equivalent hourly
emissions were determined by
multiplying the capacity of the NAPs by
the Rule 62–296.408 and source-specific
production-based limits to determine
29613
the maximum hourly emissions
permitted. Comparison of emission
limits based on the Rule 62–296.408
NOX emission limit and the proposed
new longer-term NOX emission limit are
shown in Table 10.
TABLE 10—ASCEND PENSACOLA, COMPARISON OF EXISTING RULE AND PROPOSED SOURCE-SPECIFIC EMISSION LIMITS
Current SIP limit a
Proposed source-specific SIP limit b
Emission unit
Nitric acid
capacity
(tpd)
NOX limit
(lbs/ton acid
produced)
[3-hr avg]
Calculated
hourly NOX
emissions
(lbs/hr)
[3-hr avg]
Maximum
annual NOX
emissions
(tpy)
NOX limit
(lbs/ton acid
produced)
[720-hr]
Calculated
hourly NOX
emissions
(lbs/hr)
[720-hr avg]
Maximum
annual NOX
emissions
(tpy)
042 .............................
1,500
3
187.5
821
2.60
162.6
712
a Rule
62–296.408(2).
No. 0330040–076–AC. Based on an equivalency ratio of 0.867 agreed upon by FDEP and Ascend. Permit 0330040–076–AC specifies
the averaging period of 720 hours which is equivalent to 30 days.
ddrumheller on DSK120RN23PROD with PROPOSALS1
b Permit
Regarding the NAP at Ascend
Pensacola, EPA has evaluated the
incorporation of the steady-state sourcespecific limit and the new longer-term
average continuous limit against
removal of the historical limit in Rule
62–296.408(2) from the SIP considering
the requirements of CAA section 110(l).
In its submission, FDEP completed a
reasonable analysis, utilizing a
methodology similar to the methodology
outlined in the SO2 Nonattainment
Guidance, for developing a longer-term
production-based NOX emission limit,
applicable at all times during operation,
for the Ascend Pensacola NAP, that is
comparable in stringency to the Rule
62–296.408(2) NOX emission limit in
Florida’s SIP. The methodology used to
calculate the equivalency ratios is
similar to the SO2 Nonattainment
Guidance; however, in addition to the
substituting the Rule 62–296.408(2)
NOX emission limits for the CEV,
calculation of these equivalency ratios
further differ from the SO2
Nonattainment Guidance as the
equivalency ratios were calculated as
the quotient of the 98th percentile of the
longer-term average emissions and the
98th percentile of the short-term average
emissions instead of the 99th
percentiles, to better align with the form
of the 2010 1-hour NO2 NAAQS.27 The
modified methodology is not a
significant change since the equivalency
ratio of 0.867 that FDEP and Ascend
agreed upon is more conservative than
both the 30-day:1-hour equivalency
ratio of 0.950 and the 30-day:3-hour
equivalency ratio of 0.958. Therefore,
the proposed longer-term NOX emission
limit, expressed as NO2, of 2.6 lbs/ton
27 https://www.epa.gov/no2-pollution/timelinenitrogen-dioxide-no2-national-ambient-air-qualitystandards-naaqs.
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nitric acid produced on a 720-hour
average (i.e., 30-day average) is also
more stringent than emission limits that
would result from the application of the
30-day:1-hour or the 30-day:3-hour
equivalency ratios. Additionally, the
proposed longer-term NOX emission
limit applies at all times during
operation, including periods of SSM.
Given the proposed source-specific
hourly limit applies at all times, it is
more stringent for periods of SSM than
the Rule limit which does not apply
during these periods. Furthermore, EPA
is proposing to find that the sourcespecific emission limit is consistent
with the 2015 SSM Policy and helps
FDEP achieve consistency with the 2015
SSM SIP Action across its SIP. Table 10
shows that the new longer-term average
source-specific limit is comparably
stringent to the existing Rule emission
limit. Florida selected a 720-hour
average source-specific emission limit
that is more stringent than one
calculated using the ratios in Table 2
(162.6 lbs/hr versus 179.1 lbs/hr).28
Additionally, emissions will not
increase as a result of removing the
existing Rule 62–296.408 productionbased emission limit for non-SSM
periods of operation because EPA is also
proposing to approve the equivalent 3hour average source-specific emission
limit into the SIP.
As explained in this section, the
proposed 720-hour (30-day) average
NOX emission limit for the NAP at
Ascend Pensacola is at least as stringent
as the emission limit in Rule 62–
296.408(2), and EPA is also approving a
3-hour average limit applicable to
steady-state periods that is equivalent to
the limit in Rule 62–296.408(2). Because
28 Or 2.6 lbs/ton of nitric acid produced versus
2.85 lbs/ton of nitric acid produced.
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the facility will have permanent and
federally enforceable SIP-approved
emission limits that together are more
stringent than the Rule 62–296.408 limit
alone and will now have a limit that
applies at all times, EPA proposes to
remove the emission limit at Rule 62–
296.408(2) from the SIP.
viii. Trademark Nitrogen, Emissions
Unit 001, NAP
Construction Permit 0570025–016–
AC, issued to the Trademark Nitrogen
facility (Trademark Nitrogen) on
September 20, 2022, imposes a longerterm NOX emission limit, expressed as
NO2, of 2.6 lbs/ton of nitric acid
produced, based on a rolling 30-day
average. The permit also specifies NOX
emissions testing and monitoring
requirements, emissions calculation
methods, and recordkeeping and
recording requirements applicable to the
nitric acid plant (EU 001) at Trademark
Nitrogen. By permit, the new conditions
became effective January 1, 2023. The
new longer-term 30-day NOX emission
limit is in addition to the applicable
NSPS Subpart G NOX emission limit of,
expressed as NO2, of 3.0 lbs/ton of 100
percent nitric acid produced, based on
a 3-hour average excluding excludes
periods of SSM. Florida’s Supplemental
SSM SIP Revision requests that EPA
incorporate this emissions limit and
associated monitoring, recordkeeping,
and reporting requirements into the SIP.
Florida also submits the 3.0 lbs/ton of
100 percent nitric acid produced limit
that excludes periods of SSM and
associated monitoring, recordkeeping,
and reporting requirements for
incorporation into the SIP. This would
mean that the only change to what
applies during non-SSM periods of
operation is that there is now an
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additional limit that applies over a
longer-term averaging period.
The Trademark Nitrogen NAP is
equipped with a NOX CEMS, however,
the CEMS utilizes a circular chart for
recording NOX emissions data and,
therefore, hourly data is not available
for determining site-specific
equivalency ratios for the Trademark
Nitrogen NAP. However, the NAP at this
facility and the NAP located at Ascend
Pensacola use a closely related chemical
process whereby ammonia is oxidized
in the presence of a catalyst to form
NOX which is then converted to nitric
acid by reaction with water and
controlled via process conditions and
selective catalytic reduction (SCR).29
Due to the similar NOX control
processes and the unavailability of
hourly data for the Trademark Nitrogen
NAP, the new longer-term NOX
emission limit was calculated utilizing
the equivalency ratio of 0.867 set for the
Ascend Pensacola facility, as discussed
in the previous section II.B.5.vii.
Comparison of the current SIP NOX
emission limit and the proposed sourcespecific NOX emission limit is shown in
Table 11.
TABLE 11—TRADEMARK NITROGEN, COMPARISON OF EXISTING RULE AND PROPOSED SOURCE-SPECIFIC EMISSION LIMITS
Current SIP limit a
Proposed source-specific SIP limit b
Emission unit
Nitric acid
capacity
(tpd)
NOX limit
(lbs/ton acid
produced)
[3-hr avg]
Calculated
NOX hourly
emissions
(lbs/hr)
[3-hr avg]
Maximum
annual NOX
emissions
(tpy)
NOX limit
(lbs/ton acid
produced)
[30-d avg]
Calculated
NOX hourly
emissions
(lbs/hr)
[30-d avg]
Maximum
annual NOX
emissions
(tpy)
001 .............................
150
3
18.8
82.1
2.60
16.3
71.2
a Rule
62–296.408(2).
No. 0570025–016–AC. Based on an equivalency ratio of 0.867.
ddrumheller on DSK120RN23PROD with PROPOSALS1
b Permit
Regarding the NAP at Trademark
Nitrogen, EPA has evaluated the
incorporation of the steady-state sourcespecific limit and the new longer-term
average continuous limit against
removal of the historical limit in Rule
62–296.408(2) from the SIP considering
the requirements of CAA section 110(l).
In its submission, FDEP completed a
reasonable analysis, utilizing a
methodology similar to the methodology
outlined in the SO2 Nonattainment
Guidance, for developing a longer-term
30-day NOX emission limit, applicable
at all times during operation, for the
Ascend Pensacola NAP, which was then
applied to the Trademark Nitrogen
facility as a similar source. As noted
previously, the Trademark Nitrogen
NAP does not have readily available
digitized CEMS data. EPA also notes
that annual NOX potential emissions
from the Trademark Nitrogen NAP, at 71
tpy, are an order of magnitude less than
the Ascend Pensacola NAP, at 712 tpy,
as can be seen in Tables 10 and 11.
Therefore, EPA believes this approach
to utilizing the CEMS data of a similar
source to establish a longer-term average
emission limit, in the absence of other
information, is appropriate.
EPA is proposing to find that the
resultant emission limit is comparable
in stringency to the Rule 62–296.408(2)
NOX emission limit in Florida’s SIP.
The methodology used to calculate the
equivalency ratios, and selection of the
equivalency ratio, are detailed in
sections II.B.5.ii and II.B.5.vii of this
NPRM. Additionally, the proposed
longer-term NOX emission limit is based
on operation of the nitric acid plant at
Trademark Nitrogen at the maximum
permitted hourly throughput rate and is
applicable at all times during operation,
including periods of SSM.
Given that the proposed sourcespecific hourly limit applies at all times,
it is more stringent for periods of SSM
than the Rule limit, which does not
apply during these periods.
Furthermore, the source-specific
emission limit is consistent with the
2015 SSM Policy and helps FDEP
achieve consistency with the 2015 SSM
SIP Action across its SIP. Table 11
shows that the new source-specific limit
is comparably stringent to the existing
Rule emission limit. Florida selected a
30-day average source-specific emission
limit that is more stringent than one
calculated using the ratios in Table 2
(16.3 lbs/hr versus 17.9 lbs/hr).30
Additionally, emissions will not
increase as a result of removing the
existing Rule 62–296.408 emission limit
for non-SSM periods of operation
because EPA is also proposing to
approve the equivalent 3-hour average
source-specific emission limit into the
SIP.
As explained above, the proposed 30day average NOX emission limit for the
NAP at Trademark Nitrogen is at least
as stringent as the emission limits in
Rule 62–296.408(2). Because the facility
will have a permanent and federally
enforceable SIP-approved emission limit
that is comparably stringent to the Rule
limit and applies at all times, EPA
proposes to remove the emission limit at
Rule 62–296.408(2) from the SIP.
29 EPA notes that the operating permits for
Ascend Pensacola and Trademark Nitrogen, while
not part of the SIP submission, each contain
conditions that require operation of the SCR while
the NAP is operating. See Permit No. 0330040–077–
AV for Ascend, condition M.3, and Permit No.
0570025–015–AO, condition A.3, both available in
the docket for this proposed action.
30 Or 2.6 lbs/ton of nitric acid produced versus
2.85 lbs/ton of nitric acid produced.
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III. Proposed Actions
EPA is proposing to approve Florida’s
Excess Emissions Rule SIP Revision
consisting of revisions to Rule Section
62–210.700, F.A.C.—Excess Emissions.
The revisions include (1) deletion of
Rule 62–210.700(4), F.A.C., with the
addition of equivalent language to Rules
62–210.700(1) and (2), F.A.C.; (2)
amendment of Rule 62–210.700(3),
F.A.C., to clarify and restate the visible
emissions and PM limits applicable
during boiler cleaning (soot blowing)
and load changes; (3) addition of Rule
62–210.700(6), which states that Rules
62–210.700(1) and (2) shall not apply
after May 22, 2018, to either emission
limits or unit-specific emission limits
that have been incorporated into
Florida’s SIP; and (4) addition of Rule
62–210.700(7), which states that after
October 23, 2016, Rules 62–210.700(1)
and (2), F.A.C., shall not apply to new
permit-specific emission limits
established pursuant to Florida’s PSD
and NNSR regulations (Rule 62–212.400
and 62–210.500, F.A.C.). EPA proposes
to find that Florida’s Excess Emissions
Rule SIP Revision is consistent with
CAA requirements and adequately
addresses the specific deficiencies that
EPA identified in the 2015 SSM SIP
Action with respect to the Florida SIP.
Additionally, EPA is proposing to
approve Florida’s Supplemental SSM
SIP Revision consisting of SSM-related
revisions to Rule 62–296.405, F.A.C.,
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Fossil Fuel Steam Generators with More
than 250 Million Btu Per Hour Heat
Input, and Rule 62–296.570, F.A.C.,
Reasonably Available Control
Technology [RACT]—Requirements for
Major VOC- and NOX-Emitting
Facilities; removal of the sulfur dioxide
emission limit in Rule 62–296.402,
F.A.C. Sulfuric Acid Plants; and
removal of the nitrogen oxides emission
limit in Rule 62–296.408, F.A.C., Nitric
Acid Plants. EPA is also proposing to
approve into Florida’s SIP sourcespecific SO2 and NOX emission limits
and construction permit conditions for
five SO2 emissions units and two NOX
emissions units. EPA proposes to find
that Florida’s Supplemental SSM SIP
Revision is consistent with CAA
requirements and adequately addresses
the additional regulations identified by
the State as problematic. EPA is not
reopening the 2015 SIP call and is
taking comments only on whether the
SIP revisions are consistent with CAA
requirements and whether they address
the substantial inadequacy in the
specific Florida SIP provisions
identified in the 2015 SIP call.
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, and as
discussed in sections I through III of this
preamble, EPA is proposing to
incorporate by reference Florida Rule
62–210.700, F.A.C., entitled ‘‘Excess
Emissions,’’ state effective October 23,
2016, which set a schedule by which the
exemptions from applicable emission
limits for startups, shutdowns, and
malfunctions would be removed. EPA is
also proposing to incorporate by
reference the following Florida Rules:
62–296.402, F.A.C., ‘‘Sulfuric Acid
Plants,’’ removing specific emission
limits from the Florida SIP, state
effective June 23, 2022, except for 62–
296.402(1), 62–926.402(2)(a)2., 62–
296.402(2)(b)2., and 62–296.402(3)(b);
62–296.405, F.A.C., ‘‘Fossil Fuel Steam
Generators with More Than 250 Million
Btu Per Hour Heat Input,’’ revising
monitoring requirements and clarifying
applicability, state effective June 23,
2022; 62–296.408, F.A.C., ‘‘Nitric Acid
Plants,’’ removing specific emission
limits, state effective November 23,
1994, except for 62–296.408(2); and 62–
296.570, F.A.C., ‘‘Reasonably Available
Control Technology [RACT]—
Requirements for Major VOC- and NOXEmitting Facilities,’’ removing an
exemption from RACT requirements
during startups, shutdowns, and
malfunctions, state effective June 23,
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2022. Additionally, EPA is proposing to
incorporate by reference into Florida’s
SIP the specified new operating
parameters, SO2 emission caps,
compliance monitoring, recordkeeping
and reporting requirements for emission
units EU 066 (SAP E) and EU 067 (SAP
F) at Nutrien White Springs (Permit No.
0470002–132–AC),31 EU 004 (SAP 10)
and EU 005 (SAP 11) at Mosaic South
Pierce (Permit No. 1050055–037–AC),32
and EU 004 at TECO-Polk (Permit No.
1050233–050–AC).33 The SO2 emission
standards specified in each permit are
the basis for the removal of other SO2
emission limits in the SIP. Finally, EPA
is proposing to incorporate by reference
into Florida’s SIP the specified, new
operating parameters, NOX emission
caps, compliance monitoring,
recordkeeping and reporting
requirements for emission units EU 042
at Ascend Pensacola (Permit No.
0330040–076–AC),34 and EU 001 at
Trademark Nitrogen (Permit No.
0570025–016–AC).35 The NOX emission
standards specified in each permit are
the basis for the removal of other NOX
emission limits in the SIP. 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).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
31 Specifically, EPA is proposing to incorporate
by reference into Florida’s SIP Specific Conditions
3 through 6 from Permit No. 0470002–132–AC
issued to White Springs Agricultural Chemicals,
Inc., Suwanee River/Swift Creek Complex by FDEP,
state effective September 22, 2022.
32 Specifically, EPA is proposing to incorporate
by reference into Florida’s SIP Specific Conditions
4 through 7 from Permit No. 1050055–037–AC
issued to Mosaic Fertilizer, LLC, South Pierce
Facility by FDEP, state effective September 22,
2022.
33 Specifically, EPA is proposing to incorporate
by reference into Florida’s SIP Specific Conditions
1 through 4 from Permit No. 1050233–050–AC
issued to Tampa Electric Company Polk Power
Station by FDEP, state effective September 21, 2022.
34 Specifically, EPA is proposing to incorporate
by reference into Florida’s SIP Specific Conditions
1 through 6 from Permit No. 0330040–076–AC
issued to Ascend Performance Materials Operations
LLC Pensacola Plant by FDEP, state effective
September 20, 2022. EPA notes that the condition
numbers are misidentified on pages 43–44 of the
Supplemental SSM SIP Revision as 1 and 5 through
9; in the permit, those conditions are numbered 1
through 6, as shown on pages 98–99 of the
Supplemental SSM SIP Revision.
35 Specifically, EPA is proposing to incorporate
by reference into Florida’s SIP Specific Conditions
1 and 5 through 9 from Permit No. 0570025–016–
AC issued to Trademark Nitrogen, Inc., by FDEP,
state effective September 20, 2022.
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29615
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. These actions merely propose
to approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these proposed actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001); and
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, 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, these actions do 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.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
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and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
FDEP did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in these proposed
actions. Due to the nature of the actions
being proposed here, these proposed
actions are expected to have a neutral to
positive impact on the air quality of the
affected area. Consideration of EJ is not
required as part of these proposed
actions, and there is no information in
the record inconsistent with the stated
goal of E.O. 12898 of achieving EJ for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon Monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023–09106 Filed 5–5–23; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2022–0656; FRL–10083–
01–R3]
Air Plan Approval; West Virginia; 2022
Amendments to West Virginia’s
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of West Virginia.
This revision updates West Virginia’s
incorporation by reference (IBR) of
EPA’s national ambient air quality
standards (NAAQS) and the associated
monitoring reference and equivalent
methods. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before June 7, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2022–0656 at
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT: Om
P. Devkota, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, Four Penn Center,
1600 John F. Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2172.
Mr. Devkota can also be reached via
electronic mail at Devkota.om@epa.gov.
SUPPLEMENTARY INFORMATION: On July 1,
2022, the West Virginia Department of
Environmental Protection (WVDEP)
submitted a revision to its SIP
pertaining to the amendments of
Legislative Rule, 45 Code of State Rule
(CSR) Ambient Air Quality Standards.
SUMMARY:
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The SIP submittal updates West
Virginia’s IBR of the NAAQS
promulgated by EPA and found at 40
Code of Federal Regulations (CFR) part
50 and ambient air monitoring reference
methods and equivalent methods
promulgated by EPA and found at 40
CFR part 53 into West Virginia’s
legislative rules.
I. Summary of SIP Revision and EPA
Analysis
WVDEP has historically chosen to
incorporate by reference the NAAQS,
found at 40 CFR part 50, and the
associated Federal ambient air
monitoring reference methods and
equivalent methods for these NAAQS
found at 40 CFR part 53. When
incorporating by reference these Federal
regulations, WVDEP has specified that it
is incorporating by reference these
regulations as they existed on a certain
date. The IBR of the NAAQS that is
currently approved in the West Virginia
SIP incorporates by reference 40 CFR
parts 50 and 53 as they existed on June
1, 2020. West Virginia’s July 1, 2022,
SIP revision updates the State’s IBR of
the primary and secondary NAAQS and
the ambient air monitoring reference
and equivalent methods, found in 40
CFR parts 50 and 53, respectively, as of
June 1, 2021. Primary NAAQS establish
air quality standards which the
administrator of EPA determines are
necessary, with an adequate margin of
safety, to protect the public health.
Secondary NAAQS establish air quality
standards which the administrator of
EPA determines necessary to protect the
public welfare from any known or
anticipated adverse effects of a
pollutant. This revision also
incorporates by reference the ambient
air monitoring reference methods and
equivalent methods promulgated by
EPA under 40 CFR part 53.
Since the last West Virginia IBR of
June 1, 2020, EPA: (1) updated method
201A of Appendix M of Part 51; (2)
completed the review of the NAAQS for
particulate matter; (3) completed the
review of the NAAQS for ozone; and (4)
designated one new reference method
for measuring concentrations of sulfur
dioxide and one new equivalent method
for measuring concentrations of
particulate matter (PM10) in ambient air.
See 85 FR 63394 (October 7, 2020—
corrected in 86 FR 9470 (February 16,
2021)), 85 FR 82684 (December 18,
2020), 85 FR 87256 (December 31,
2020), and 86 FR 12682 (March 4, 2021).
The amendments to the legislative
rule include changes to section 45–8–1
(General) and 45–8–3 (Adoption of
Standards). The amendments
alphabetize the criteria pollutants list in
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29598-29616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09106]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0892; FRL-10928-01-R4]
Air Plan Approval; Florida; Revision of Excess Emissions
Provisions and Emission Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Florida on November 22, 2016, and supplemented on September
30, 2022, through the Florida Department of Environmental Protection
(FDEP). The November 22, 2016, SIP revision is in response to EPA's SIP
call published on June 12, 2015, concerning excess emissions during
startup, shutdown, and malfunction (SSM) events. The September 30,
2022, supplemental SIP revision addresses additional SSM-related rule
amendments identified by the State and the addition of source specific
sulfur dioxide (SO2) and nitrogen oxide (NOX)
emission limits. EPA proposes to find that Florida's SIP revisions
provided November 22, 2016, and September 30, 2022, correct the
deficiencies identified in EPA's 2015 SIP call, and thus is proposing
to approve these SIP revisions.
DATES: Comments must be received on or before June 7, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0892 at 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
[[Page 29599]]
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 https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Joel Huey, Manager, 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) 562-9104. Mr. Huey can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the Florida Submittals
A. EPA's Analysis of Florida's Excess Emissions Rule SIP
Revision Submitted November 22, 2016
B. EPA's Analysis of Florida's Supplemental SSM SIP Revision
Submitted September 30, 2022
1. Rule Section 62-296.402, F.A.C., Sulfuric Acid Plants (SAPs)
2. Rule Section 62-296.405, F.A.C., Existing Fossil Fuel Steam
Generators With Greater Than or Equal to 250 Million British Thermal
Unit (Btu) Per Hour Heat Input
3. Rule Section 62-296.408, F.A.C., Nitric Acid Plants (NAPs)
4. Rule Section 62-296.570, F.A.C., Reasonably Available Control
Technology (RACT)--Requirements for Major VOC- and NOX-
Emitting Facilities
5. Florida's Source-Specific SO2 and NOX
Emission Limits
i. Methodology for Developing Continuous SO2 Emission
Limits
ii. Methodology for Developing Continuous NOX
Emission Limits
iii. Nutrien White Springs, Emissions Units 066 and 067 (SAPs E
and F)
iv. Mosaic Fertilizer, South Pierce Facility, Emissions Units
004 and 005 (SAPs 10 and 11)
v. Tampa Electric Company (TECO)-Polk Power Station, Emissions
Unit 004, SAP
vi. SAPs With Previously Approved Source-Specific Emissions
vii. Ascend Pensacola, Emissions Unit 042, NAP
viii. Trademark Nitrogen, Emissions Unit 001, NAP
III. Proposed Actions
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On February 22, 2013, EPA issued a notice of proposed rulemaking
outlining EPA's policy at the time with respect to SIP provisions
related to periods of SSM. EPA analyzed specific SSM SIP provisions and
explained how each one either did or did not comply with the Clean Air
Act (CAA or Act) with regards to excess emission events. For each SIP
provision that EPA determined to be inconsistent with the CAA, EPA
proposed to find that the existing SIP provision was substantially
inadequate to meet CAA requirements and thus proposed to issue a SIP
call under CAA section 110(k)(5). On September 17, 2014, EPA issued a
document supplementing and revising what the Agency had previously
proposed on February 22, 2013, in light of a United States Court of
Appeals for the District of Columbia Circuit decision that determined
the CAA precludes authority of EPA to create affirmative defense
provisions applicable to private civil suits. EPA outlined its updated
policy that affirmative defense SIP provisions are not consistent with
CAA requirements. EPA proposed in the supplemental proposal document to
apply its revised interpretation of the CAA to specific affirmative
defense SIP provisions and proposed SIP calls for those provisions
where appropriate. See 79 FR 55920 (September 17, 2014).
On June 12, 2015, pursuant to CAA section 110(k)(5), EPA finalized
``State Implementation Plans: Response to Petition for Rulemaking;
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of Startup, Shutdown and
Malfunction,'' hereinafter referred to as the ``2015 SSM SIP Action.''
See 80 FR 33840 (June 12, 2015). The 2015 SSM SIP Action clarified,
restated, and updated EPA's interpretation that SSM exemption and
affirmative defense SIP provisions are inconsistent with CAA
requirements. The 2015 SSM SIP Action found that certain SIP provisions
in 36 states, including Florida, were substantially inadequate to meet
CAA requirements and issued a SIP call to those states to submit SIP
revisions to address the inadequacies. EPA established an 18-month
deadline by which the affected states had to submit such SIP revisions.
States were required to submit corrective revisions to their SIPs in
response to the SIP calls by November 22, 2016.
EPA issued a memorandum in October 2020 (2020 Memorandum), which
stated that certain provisions governing SSM periods in SIPs could be
viewed as consistent with CAA requirements.\1\ Importantly, the 2020
Memorandum stated that it ``did not alter in any way the determinations
made in the 2015 SSM SIP Action that identified specific state SIP
provisions that were substantially inadequate to meet the requirements
of the Act.'' Accordingly, the 2020 Memorandum had no direct impact on
the SIP call issued to Florida in 2015. The 2020 Memorandum did,
however, indicate EPA's intent at the time to review SIP calls that
were issued in the 2015 SSM SIP Action to determine whether EPA should
maintain, modify, or withdraw particular SIP calls through future
agency actions.
---------------------------------------------------------------------------
\1\ October 9, 2020, memorandum ``Inclusion of Provisions
Governing Periods of Startup, Shutdown and Malfunctions in State
Implementation Plans.''
---------------------------------------------------------------------------
On September 30, 2021, EPA's Deputy Administrator withdrew the 2020
Memorandum and announced EPA's return to the policy articulated in the
2015 SSM SIP Action (2021 Memorandum).\2\ As articulated in the 2021
Memorandum, SIP provisions that contain exemptions or affirmative
defense provisions are not consistent with CAA requirements and,
therefore, generally are not approvable if contained in a SIP
submission. This policy approach is intended to ensure that all
communities and populations, including minority, low-income and
indigenous populations overburdened by air pollution, receive the full
health and environmental protections provided by the CAA.\3\ The 2021
Memorandum also retracted the prior statement from the 2020 Memorandum
regarding EPA's plans to review and potentially modify or withdraw
particular SIP calls. That statement no longer reflects EPA's intent.
EPA intends to implement the principles laid out in the 2015 SSM SIP
Action as the Agency acts on SIP submissions, including the November
22, 2016, SIP submittal provided by FDEP in response to the 2015 SIP
call.
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\2\ September 30, 2021, memorandum ``Withdrawal of the October
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions
in State Implementation Plans and Implementation of the Prior
Policy.''
\3\ See 80 FR 33839, 33985.
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In the 2015 SSM SIP Action, EPA determined that Florida
Administrative Code Rules (hereinafter referred to as ``Rules'') 62-
210.700(1), 62-210.700(2), 62-210.700(3), and 62-210.700(4) are
[[Page 29600]]
substantially inadequate to meet CAA requirements. See 80 FR 33839,
33962 (June 12, 2015). In the existing Florida SIP, Rule 62-210.700(1)
provides that excess emissions resulting from SSM modes of operation
for any emissions unit ``shall be permitted'' if the best operational
practices to minimize those emissions is employed and the duration of
the excess emissions does not exceed two hours in a 24-hour period.
Rules 62-210.700(2) and .700(3) provide specifically that excess
emissions from fossil fuel steam generators resulting from startup or
shutdown or from boiler cleaning (soot blowing) and load change,
respectively, ``shall be permitted'' if the best operational practices
to minimize the emissions and duration of excess emissions are
employed. Finally, SIP-called Rule 62-210.700(4) provides that excess
emissions which are caused entirely or in part by ``poor maintenance,
poor operation, or any other equipment or process failure which may
reasonably be prevented'' during SSM ``shall be prohibited.'' The
rationale underlying EPA's determination that Rules 62-210.700(1), (2),
(3) and (4) were substantially inadequate to meet CAA requirements, and
therefore should be included in the 2015 SSM SIP Action to remedy the
deficiencies, is detailed in the 2015 SSM SIP Action and accompanying
proposals.
On November 22, 2016, FDEP submitted a revision to the Florida SIP
(hereinafter referred to as Florida's ``Excess Emissions Rule SIP
Revision'') in response to the 2015 SSM SIP Action. In that revision,
FDEP requests EPA approval of the following changes to the Florida SIP:
(1) removal of Rule 62-210.700(4) with the addition of equivalent
language to Rules 62-210.700(1) and (2); (2) amendment of Rule 62-
210.700(3) to amend the particulate matter (PM) limits applicable
during boiler cleaning (soot blowing) and load changes by removing the
statement that excess emissions during these periods ``shall be
permitted,'' removing the exemption for pollutants other than PM and
visible emissions, and removing a specific allowance for visible
emissions which exceed 60 percent opacity for up to four six-minute
periods during the 3-hour period of excess emissions allowed for soot
blowing or load change; (3) addition of Rule 62-210.700(6) which states
that Rules 62-210.700(1) and (2) shall not apply after May 22, 2018, to
either category-specific or unit-specific limits that have been
incorporated into Florida's SIP; and (4) addition of Rule 62-
210.700(7), which states that after the effective date of the rule
change (October 23, 2016), Rules 62-210.700(1) and (2) shall not apply
to new permit-specific emission limits established pursuant to
Florida's Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NNSR) regulations (Rules 62-212.400
and 62-210.500).
On September 30, 2022, FDEP submitted a supplemental revision
(hereinafter referred to as Florida's ``Supplemental SSM SIP
Revision'') to the State's November 22, 2016, Excess Emissions Rule SIP
Revision. In the Supplemental SSM SIP Revision, FDEP includes
``alternative SIP emission limits for those SIP emission limits that
[FL] DEP identified as problematic'' if applied continuously and
several changes to language throughout Chapter 62-296. The State
requests EPA approval of the following changes: (1) amendment of
existing Rule 62-296.405, ``Fossil Fuel Steam Generators with More Than
250 Million Btu Per Hour Heat Input'' and Rule 62-296.570, ``Reasonably
Available Control Technology (RACT)--Requirements for Major VOC- and
NOX-Emitting Facilities'' to clarify how emissions are
calculated, including during periods of startup, shutdown, and
malfunction; (2) addition of emissions-unit-specific SO2 and
NOX emission limits for certain sulfuric acid plants (SAPs)
and nitric acid plants (NAPs) in Florida; (3) removal of SO2
emission limits in Rule 62-296.402, ``Sulfuric Acid Plants''; and (4)
removal of NOX emission limits in Rule 62-296.408, ``Nitric
Acid Plants.''
II. Analysis of the Florida Submittals
A. EPA's Analysis of Florida's Excess Emissions Rule SIP Revision
Submitted November 22, 2016
The SIP-called provisions of Rules 62-210.700(1), (2), and (3)
provide that excess emissions ``shall be permitted'' under certain
circumstances and thus provide that such excess emissions will not be
violations, which is inconsistent with CAA sections 110(a)(2)(A),
110(a)(2)(C), and 302(k). The SIP-called provision of Rule 62-
210.700(4) provides that excess emissions caused entirely or in part by
poor maintenance, poor operation, or any other equipment or process
failure that may reasonably be prevented during periods of SSM are
prohibited. As EPA has previously noted, such a provision ``does not
negate the underlying problem of providing exemptions for the excess
emissions in the first instance.'' See 78 FR 12459, 12503 (February 22,
2013).
Florida's Excess Emissions Rule SIP Revision makes changes to Rule
62-210.700 to address the specific deficiencies identified in the 2015
SSM SIP Action. Florida has added new Rule 62-210.700(6),\4\ which
provides that paragraphs .700(1) and .700(2) shall no longer apply for
purposes of the SIP after May 22, 2018. Specifically, Rule 62-
210.700(6) provides that these paragraphs will not apply to limits in
Chapter 62-296 that are incorporated or will be incorporated into the
SIP, nor will they apply to unit-specific emission limits which have
been or will be incorporated into the SIP. This covers all SIP emission
limits, since FDEP establishes its applicable limits in Chapter 62-296
and otherwise would submit to EPA unit-specific emission limits via
source-specific SIP revisions for incorporation into the SIP at 40 CFR
52.520(d). Because May 22, 2018, has passed, EPA's proposed approval of
Florida's Excess Emissions Rule SIP Revision, if finalized, would
effectively remove Rules 62-210.700(1) and .700(2) from the SIP. The
only changes made to Rule 62-210.700(1) and .700(2) are to remove the
word ``operational'' in describing the requirement that sources adhere
to best practices during periods of SSM and the addition of the
prohibitory provision from existing Rule 62-210.700(4) (which is being
deleted, as discussed below). EPA proposes to find that the addition of
new Rule 62-210.700(6) addresses the deficiencies in .700(1) and
.700(2) that EPA identified in the 2015 SSM SIP Action.
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\4\ The removal of 62-210.700(4) causes the renumbering of
existing paragraphs 62-210.700(5) and .700(6) to .700(4) and
.700(5), respectively.
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The SIP-called version of Rule 62-210.700(3) allows excess
emissions ``from existing fossil fuel steam generators resulting from
boiler cleaning (soot blowing) and load change.'' As explained in the
2015 SSM SIP Action, such exemptions are inconsistent with CAA
requirements. The changes to Rule 62-210.700(3) transmitted in
Florida's Excess Emissions Rule SIP Revision include: replacement of
the term ``Excess'' with ``Visible''; deletion of the term ``shall be
permitted''; deletion of the exemption for visible emissions above 60
percent opacity during up to 24 total minutes over a 3-hour period for
periods of soot blowing or load change; linguistic changes to the
opacity and PM limits applicable during ``boiler cleaning (soot
blowing) and load change''; and exclusion of startup and shutdown from,
plus non-substantive changes to, the definition of load change. The
effect of deleting the statement that excess emissions ``shall be
permitted'' during soot blowing or load change is the removal of the
[[Page 29601]]
exemption for such excess emissions. So, rather than permitting excess
emissions during such periods and specifically allowing for visible
emissions above 60 percent opacity during up to 24 total minutes over a
3-hour period for periods of soot blowing or load change, the revised
rule only retains the existing requirement that opacity during these
periods may not exceed 60 percent opacity for the 6-minute averaging
time for up to 3 hours in any 24-hour period. Additionally, the
corresponding PM limit is also retained. Thus, the revised version of
Rule 62-210.700(3) no longer allows for exempt periods during which no
standard applies to the affected facilities and makes it more stringent
than the current SIP-approved version of the rule.
As noted above, Rule 62-210.700(4) is removed, but the same
language from that provision is added at Rules .700(1) and .700(2).
This is not a specific change to the treatment of excess emissions
under these provisions but given the addition of Rule 62-210.700(6),
covered in more detail below, these provisions do not apply after May
22, 2018, and thus will have no effect in the SIP.
Rule 62-210.700(6) is a new provision which terminates the
applicability of Rules 62-210.700(1) and .700(2) after May 22, 2018,
for emission limits or unit-specific emission limits that have been
incorporated into Florida's SIP. According to Florida's Supplemental
SSM SIP Revision, the purpose of this provision was to provide ``time
to develop and submit alternative SIP emission limits for those limits
that would be problematic if they applied at all times.''
Rule 62-210.700(7) is a new provision which terminates the
applicability of paragraphs 62-210.700(1) and .700(2) on October 23,
2016, for new permit-specific emission limits established pursuant to
Florida's PSD and NNSR regulations (Rules 62-212.400 and 62-210.500).
With the addition of this rule, Florida establishes that emission
limits incorporated into Florida's permits via the State's SIP-approved
major new source review program apply at all times.
EPA proposes to find that with the addition of paragraph 62-
210.700(6) and the removal of other exemptions for transient modes of
operation in 62-210.700(3), emission limits incorporated into Florida's
SIP apply at all times, including periods of SSM. Moreover, EPA is
proposing to find that the addition of 62-210.700(7) ensures that
emission limits incorporated into Florida construction permits will not
allow excess emissions during periods of SSM. Therefore, based on
Florida's changes to Rule 62-210.700 and the State's request to
incorporate the revised language in the Florida SIP, EPA proposes to
find that Florida's Excess Emissions Rule SIP Revision is consistent
with CAA requirements and adequately addresses the specific
deficiencies that EPA identified in the 2015 SSM SIP Action with
respect to Rule 62-210.700 in the Florida SIP.
B. EPA's Analysis of Florida's Supplemental SSM SIP Revision Submitted
September 30, 2022
Florida's Supplemental SSM SIP Revision requests that EPA approve
multiple changes to Florida's SIP as discussed in the following
sections. The changes include SSM-related amendments to Rule 62-
296.402, ``Sulfuric Acid Plants,'' Rule 62-296.405, ``Fossil Fuel Steam
Generators with More Than 250 Million Btu Per Hour Heat Input,'' Rule
62-296.408, ``Nitric Acid Plants,'' and Rule 62-296.570, ``Reasonably
Available Control Technology (RACT)--Requirements for Major VOC- and
NOX-Emitting Facilities,'' and the addition of emissions-
unit-specific SO2 and NOX emission limits for
certain SAPs and NAPs located within the State of Florida.
1. Rule Section 62-296.402, Sulfuric Acid Plants (SAPs)
In the Supplemental SSM SIP Revision, FDEP proposes several
amendments to Rule 62-296.402, ``Sulfuric Acid Plants.'' Specifically,
FDEP proposes deletion of the production-based SO2 emission
limits in renumbered Rules 62-296.402(2)(a)2., 62-296.402(2)(b)2., and
62-296.402(3)(b) from the SIP. Those production-based SO2
emission limits were written in units of pounds per ton of 100 percent
acid produced (pounds per ton (lbs/ton)) and, when adopted decades ago
into Florida's first SIP, were not intended to be applicable during
periods of SSM because (1) the methodology to calculate compliance with
a rolling three-hour production-based limit is skewed by the lack of
production during hours of startup and shutdown, and (2) the
corresponding New Source Performance Standard (NSPS) at 40 CFR part 60,
subpart H, on which the Florida emission limit for new units is based,
exempted periods of SSM via performance testing requirements in subpart
A to part 60 in the original promulgation of part 60 and as
subsequently clarified.\5\
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\5\ See 36 FR 24876 (December 23, 1971), 42 FR 57125 (November
1, 1977).
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The SIP-called version of Rule 62-210.700 allows excess emissions
during periods of SSM. Eleven SAPs that are otherwise subject to Rule
62-296.402 are already subject to SIP-approved pound-per-hour
SO2 emission limits which apply at all times, including
during SSM, imposed to attain and maintain the 2010 SO2
NAAQS.\6\ To replace the deleted production-based SO2
emission limits, FDEP is proposing to incorporate new SO2
emission limits in units of pounds per hour (lbs/hr) based on a longer-
term averaging period (specifically, either 6-hour or 24-hour averages,
as opposed to the 3-hour average limit in Rule 62-296.402) for the
remaining SAPs in Florida. The remaining SAPs are Emissions Units 066
and 067 at the White Springs Agricultural Chemicals, Inc., Suwannee
River/Swift Creek Complex (Nutrien White Springs); Emissions Units 004
and 005 at the Mosaic Fertilizer, South Pierce Facility (Mosaic South
Pierce); and Emissions Unit 004 at the TECO Polk Power Station (TECO-
Polk).
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\6\ See 82 FR 30749 (July 3, 2017), 85 FR 9666 (February 20,
2020).
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The proposed SO2 emission limits for these facilities
apply at all times, including periods of SSM, and are at least as
stringent as the current SO2 limits in Florida's SIP in Rule
62-296.402. Construction permits containing the proposed SO2
emission limits for these emissions units have been issued by FDEP, and
relevant portions of those permits are included in the Supplemental SSM
SIP Revision for incorporation into the SIP. Sections II.B.5.iii-v of
this notice of proposed rulemaking (NPRM) provide a detailed discussion
of the emissions-unit-specific SO2 emission limits, the
methodology used for developing the new emission limits, and the
technical demonstration showing that these limits are at least as
stringent as the existing emission limits at Rule 62-296.402 proposed
for deletion.
Additionally, FDEP has renumbered existing provisions in Rule 62-
296.402 with the addition of paragraph .402(1). This new paragraph
provides that the SO2 emission limits do not apply to SAPs
which are subject to the applicable NSPS at 40 CFR part 60, subpart H.
Instead of revising the rule applicability for SIP purposes with new
paragraph .402(1), FDEP has elected to remove the SO2
emission limits directly from the SIP and replace them with new,
source-specific emission limits. Thus, FDEP has not requested that EPA
incorporate Rule 62-296.402(1), 62-296.402(2)(a)2., 62-296.402(2)(b)2.,
or
[[Page 29602]]
62-296.402(3)(b), as renumbered, into the SIP.
Finally, FDEP is revising Rule 62-296.402(6), as renumbered from
.402(5), to change the excess emissions reporting requirement from
quarterly to semi-annual. This revision to the frequency of reporting
is consistent with EPA regulations at 40 CFR part 51, appendix P, as
revised August 14, 2020. See 85 FR 49596. Paragraph .402(5), as
renumbered from .402(4), requires that facilities producing more than
300 tons per day (tpd) of sulfuric acid must install and operate
continuous emissions monitoring systems (CEMS). Paragraph .402(6), as
renumbered from .402(5), requires the SAPs which install and operate
CEMS to make semi-annual reports of excess emissions, including the
nature and cause of the excess emissions. In the original promulgation
of Appendix P to 40 CFR part 51 \7\ and the promulgation of early
revisions to the NSPS the same day,\8\ EPA required quarterly reporting
of such excess emissions. When FDEP promulgated requirements for SAPs
at Rule 62-296.402, it regulated sources subject to both Appendix P of
part 51 and the NSPS, and the quarterly reporting requirement aligned
with federal minimum requirements. Since that time, EPA has revised
both the NSPS and Appendix P to allow for less frequent (namely, semi-
annual) reporting of excess emissions.9 10 Additionally,
EPA's title V major source operating permit program regulations,
promulgated in 1992, require semi-annual reporting.\11\
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\7\ See 40 FR 46240 (October 6, 1975).
\8\ See 40 FR 46250 (October 6, 1975).
\9\ See 61 FR 47840 (September 11, 1996).
\10\ See 85 FR 49596 (August 14, 2020).
\11\ See 57 FR 32250 (July 21, 1992) and 40 CFR
70.6(a)(3)(iii)(A).
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Section 110(l) of the CAA provides that EPA shall not approve a
revision to a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. The proposed revision to
the frequency of the excess emissions reporting requirement in the
Florida SIP for Rule 62-296.402 will not override any more stringent
reporting requirements,\12\ will not cause any changes in allowable
pollutant emissions, and will not otherwise interfere with the State's
ability to attain and maintain the national ambient air quality
standards (NAAQS) or interfere with any other applicable CAA
requirement. Furthermore, this change makes Florida's reporting
requirements consistent with the federal requirements in Appendix P to
part 51, the NSPS, and other major source reporting required for title
V major sources.
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\12\ To the extent any sources are required by other CAA
requirements to submit continuous opacity monitoring reports more
frequently, those requirements will continue to apply and will not
be impacted by these proposed revisions.
---------------------------------------------------------------------------
EPA is also proposing to approve the portion of Florida's
Supplemental SSM SIP Revision that removes the existing SO2
limit from Rule 62-296.402 and incorporate the source-specific permit
limits into the SIP because the source-specific emission limits
submitted to EPA, or previously approved by EPA for some sources, are
continuous and at least as stringent as the existing SIP-approved limit
in this rule. See sections II.B.5.i, iii-vi of this NPRM for a detailed
analysis of EPA's proposal to remove the existing SO2 limit
from Rule 62-296.402.
2. Rule 62-296.405, Existing Fossil Fuel Steam Generators With Greater
Than or Equal to 250 Million Btu Per Hour Heat Input
Florida's Supplemental SSM SIP Revision transmits several changes
to Rule 62-296.405. First, the title is revised from ``Fossil Fuel
Steam Generators with More Than 250 Million Btu Per Hour Heat Input''
to ``Existing Fossil Fuel Steam Generators with Greater than or Equal
to 250 Million Btu Per Hour Heat Input.'' The revised title clarifies
that this section is only applicable to existing units with a heat
input rate equal to or greater than 250 million Btu per hour. Next, a
similar clarifying change is made to add a new paragraph 62-296.405(1),
which specifies applicability. This new paragraph defines an
``existing'' fossil fuel steam generator as one in existence, in
operation, under construction, or which had received a permit to begin
construction prior to January 18, 1972. EPA is proposing to find that
this provision aligns with the definition of ``existing emission unit''
already SIP-approved at Rule 62-210.200 and clarifies that only
existing emission units are subject to Rule 62-296.405. The existing
SIP-approved rule specifies SIP emission limits for existing emission
units and contains a paragraph addressing new emissions units that
simply refers to applicable NSPS. A SIP revision submitted on April 1,
2022, seeks to remove the paragraph covering ``new emission units''
which would allow for the changes described above. EPA is proposing to
act on the April 1, 2022, SIP revision in a separate rulemaking. EPA
will not finalize the changes described above unless EPA finalizes the
removal of the paragraph covering ``new emission units.''
Next, the Supplemental SSM SIP Revision renumbers Rule 62-
296.405(1)(a) to Rule 62-296.405(2), and renumbers Rule 62-
296.405(1)(b) to Rule 62-296.405(3). Paragraph .405(3), as renumbered,
is revised to require stack testing to demonstrate compliance unless a
PM CEMS is used, specify the manner of demonstrating compliance when a
PM CEMS is used, and add a definition for the term ``operating day.''
Under the existing SIP rule, the PM emission limit applicable to
existing sources only requires compliance to be determined via
``applicable compliance methods.'' In the Supplemental SSM SIP
Revision, FDEP notes that, pursuant to existing Rule 62-296.405(1)(e)2,
the applicable compliance methods would be either stack testing or PM
CEMS. Where PM CEMS are required, such as for sources subject to
Appendix P of 40 CFR part 51 or subject to the NSPS, the definition of
``operating day'' utilized in this provision is consistent with the
definition of ``boiler operating day'' defined in the NSPS at 40 CFR
part 60, subpart D.\13\ FDEP specifies the averaging period applicable
to the PM emission limit as a 30-operating day limit. Prior to this
change, no averaging time was specified for this emission limit, and
the SIP did not require compliance with the emission limit during
periods of SSM. EPA is proposing to find that these changes clarify the
existing emission limit, specify appropriate methods for determining
compliance, and ensure that periods of non-compliance during periods of
SSM can be evaluated, consistent with the removal of exemptions from
applicable SIP emission limits in the Excess Emissions Rule SIP
Revision.
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\13\ The definition is also consistent with: ``boiler operating
day'' at 40 CFR part 60, subpart Da for units constructed,
reconstructed, or modified after February 28, 2005; ``steam
generating unit operating day'' at 40 CFR part 60, subpart Db; and
``steam generating unit operating day'' at 40 CFR part 60, subpart
Dc.
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[[Page 29603]]
Florida's Supplemental SSM SIP Revision then renumbers Rule 62-
296.405(1)(c) to Rule 62-296.405(4), renumbers provisions 62-
296.405(1)(c)1 through (1)(c)2.c to 62-296.405(4)(a) through
(4)(b)3,14 15 adds language requiring demonstration of
compliance by fuel sampling unless a SO2 CEMS is used, and
specifies the manner of demonstrating compliance when a SO2
CEMS is used. Under the existing SIP rule, the SO2 emission
limits applicable to existing sources only require compliance to be
determined via ``applicable compliance methods.'' In Florida's
Supplemental SSM SIP Revision, FDEP notes that the applicable
compliance methods at existing Rule 62-296.405(1)(e)3 would be either
fuel sampling or SO2 CEMS. Where SO2 CEMS are
required, such as for sources subject to Appendix P of 40 CFR part 51
or subject to the NSPS, FDEP specifies the averaging period applicable
to the SO2 emission limit as a 24-hour block average limit.
Prior to this change, no averaging time was specified for certain
applicable emission limits, and the SIP did not require compliance with
the emission limits during periods of SSM. EPA is proposing to find
that these changes clarify the existing emission limits, specify
appropriate methods for determining compliance, and ensure that
instances of non-compliance during periods of SSM can be evaluated,
consistent with the removal of exemptions from applicable SIP emission
limits in the Excess Emissions Rule SIP Revision.
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\14\ On March 30, 2023, Florida provided a partial withdrawal
and clarification letter related to the April 1, 2022, and September
30, 2022, SIP revisions. In this letter, FDEP withdraws the removal
of requirements at 62-296.405(1)(c)1.g. and 62-296.405(1)(d)2. as
transmitted in the April 1, 2022, SIP revision, from EPA
consideration. The letter further clarifies that with the retention
of these requirements for Florida Power and Light's Manatee Power
Plant in the April 1, 2022, SIP revision, the State is amending its
request for what will be part of the SIP with the approval of the
September 30, 2022, SIP revision. FDEP requests that EPA recodify
these provisions along with other relevant renumbering to 62-
296.405(3)(a)7. and 62-296.405(5)(b), respectively. This letter is
in the docket for this proposed action.
\15\ The September 30, 2022, SIP revision shows that Rule 62-
296.405(1)(c)2.d is proposed to be renumbered to 62-296.405(4)(b)4;
however, EPA notes that the April 1, 2022, SIP revision proposes to
remove this specific provision from the SIP and includes a
noninterference demonstration pursuant to CAA section 110(l). As
noted previously in this NPRM, EPA is addressing the April 1, 2022,
changes in Rule 62-296.405 in a separate rulemaking. EPA believes
the September 30, 2022, SIP revision does not intend to reintroduce
this provision for approval into the SIP.
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Florida's Supplemental SSM SIP Revision also renumbers Rule 62-
296.405(1)(d) to Rule 62-296.405(5); renumbers provisions 62-
296.405(1)(d)1 through (1)(d)4 to 62-296.405(5)(a) through (5)(d),
respectively; adds language requiring demonstration of compliance by
stack testing unless a NOX CEMS is used; and specifies the
manner of demonstrating compliance when a NOX CEMS is
used.\16\ Under the existing SIP rule, the NOX emission
limits applicable to existing sources only requires compliance to be
determined via ``applicable compliance methods.'' In this SIP revision,
FDEP notes that the applicable compliance methods at existing Rule 62-
296.405(1)(e)4. would be either stack testing or NOX CEMS.
Where NOX CEMS are required, such as for sources subject to
Appendix P of 40 CFR part 51 or subject to the NSPS, FDEP specifies the
averaging period applicable to the NOX emission limit as a
30-operating day average limit. Prior to this change, the applicable
emission limits did not specify any averaging times, and the SIP did
not require compliance with the emission limits during periods of SSM.
EPA is proposing to find that these changes clarify the existing
emission limits, specify appropriate methods for determining
compliance, and ensure that periods of non-compliance during periods of
SSM can be evaluated, consistent with the removal of exemptions from
applicable SIP emission limits in the Excess Emissions Rule SIP
revision.
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\16\ See supra note 14.
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Next, Florida's Supplemental SSM SIP Revision renumbers Rule 62-
296.405(1)(e) to Rule 62-296.405(6); renumbers Rules 62-296.405(1)(e)1
and 2 to Rules 62-296.405(6)(a) and (6)(b), respectively; adds language
specifying that a PM CEMS may be used for demonstrating compliance with
the PM limit in Rule 62-296.405(3) in lieu of EPA Methods 17, 5, 5B or
5F (i.e., in lieu of stack testing); and requires that any such PM CEMS
must comply with EPA's Performance Specification 11 of 40 CFR part 60,
Appendix B, as adopted and incorporated by reference into Rule 62-
204.800.\17\ The Supplemental SSM SIP Revision then renumbers Rules 62-
296.405(1)(e)3 and (e)4 to Rules 62-296.405(6)(c) and (6)(d),
respectively, and further amends Rule 62-296.405(6)(d) to exclusively
require a NOX CEMS for determining compliance, removing the
references to stack testing for NOX. This change means that
the remaining existing emissions units subject to Rule 62-296.405(5)
are required to install and operate CEMS for NOX emissions.
This provision continues to require CEMS to meet the requirements of 40
CFR part 75, as adopted and incorporated by reference in Rule 62-
204.800. Additionally, Rule 62-296.405(1)(e)5 is renumbered to Rule 62-
296.405(6)(e), and Rule 62-296.405(1)(f) through (1)(f)2 are renumbered
to Rule 62-296.405(7) through (7)(b), respectively.
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\17\ Rule 62-204.800 adopts and incorporates by reference
Federal rules cited throughout FDEP's air pollution rules.
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Finally, Florida's Supplemental SSM SIP Revision renumbers Rules
62-296.405(1)(g) and .405(3) to Rules 62-296.405(8) and .405(9),
respectively, and makes additional changes to 62-296.405(8).
Specifically, the revisions to Rule 62-296.405(8) change the frequency
at which excess emissions reports are required to be submitted from
quarterly to semi-annual, define the period covered by each semi-annual
report, and define the submittal deadline for each report. The change
in reporting frequency is consistent with the minimum reporting
requirements of Appendix P to 40 CFR part 51. As discussed in section
II.B.1, revising the frequency of reports of excess emissions to align
with the federal minimum requirements and with other overlapping
requirements, such as title V reporting, will not override any more
stringent reporting requirements, will not cause any changes in
allowable pollutant emissions, and will not otherwise interfere with
the State's ability to attain and maintain the NAAQS or interfere with
any other applicable CAA requirement, and as such, is consistent with
CAA section 110(l). Therefore, because the changes to Rule 62-296.405
are generally clarifying in nature and consistent with federal
requirements, EPA is proposing to approve these changes submitted in
Florida's Supplemental SSM SIP Revision.
3. Rule Section 62-296.408 Nitric Acid Plants
In Florida's Supplemental SSM SIP Revision, FDEP proposes several
changes to Rule 62-296.408, ``Nitric Acid Plants.'' Specifically,
Florida's Supplemental SSM SIP Revision deletes the production-based
short-term 3-hour average NOX emission limit of 3.0 lbs/ton
of 100 percent acid produced in Rule 62-296.408(2) and deletes the
NOX test methods listed in Rule 62-296.408(3)(b) (which
prescribe stack testing), and it marks both deleted provisions as
``[Reserved].'' The existing Rule 62-296.408(2) production-based
NOX emission limit of 3.0 lbs/ton of 100 percent acid
produced was not originally intended to be applicable during periods of
SSM because (1) the methodology to calculate compliance with a rolling
three-hour production-
[[Page 29604]]
based limit is skewed by the lack of production during hours of startup
and shutdown, and (2) the corresponding NSPS at 40 CFR part 60, subpart
G, on which the Florida emission limit for new units is based, exempted
periods of SSM via performance testing requirements in subpart A to
part 60 in the original promulgation of part 60 and as subsequently
clarified.\18\ The current SIP-approved version of Rule 62-210.700
provided that excess emissions during periods of SSM were allowed.
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\18\ See supra note 5.
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There are currently two NAPs in Florida subject to this Rule,
Ascend Pensacola and Trademark Nitrogen. To replace the deleted
production-based limits, FDEP is proposing to incorporate into the SIP
a NOX emission limit of 2.6 lbs/ton of 100 percent nitric
acid produced based on a longer-term (720-hour) averaging period for
Emissions Unit 042 at Ascend Pensacola and a NOX emission
limit of 2.6 lbs/ton of nitric acid produced based on a longer-term
(30-day) averaging period for Emissions Unit 001 at Trademark Nitrogen.
Although 720 hours is equivalent to 30 days, these two different
rolling averages result in slightly different recordkeeping: Ascend
Pensacola demonstrates compliance on an hourly rolling average, whereas
Trademark Nitrogen demonstrates compliance on a daily rolling average.
Both proposed longer-term NOX emission limits, which apply
at all times, including periods of SSM, are comparably stringent to the
current NOX emission limit of 3.0 lbs/ton of 100 percent
acid produced in Rule 62-296.408. For both Ascend Pensacola and
Trademark Nitrogen, FDEP is also proposing to incorporate into the SIP
shorter-term 3-hour average emission limits of 3.0 lbs/ton of 100
percent nitric acid produced, which do not apply during periods of SSM.
Thus, for steady-state operation, the NOX emission limit in
existing Rule 62-296.408 will be carried forward as source-specific
emission limits for both facilities.
FDEP has issued construction permits containing the proposed
longer-term NOX emission limits as well as the short-term
NOX emission limit of 3.0 lbs/ton of 100 percent acid
produced, which is proposed for deletion from the SIP but will continue
to exist in the permits. Therefore, Ascend Pensacola and Trademark
Nitrogen will be subject to both the same 3-hour average NOX
emission limit of 3.0 lbs/ton of 100 percent acid produced, which
specifically excludes periods of SSM, as well as the continuous 30-day
(or, for Ascend Pensacola, 720-hour) average NOX emission
limit of 2.6 lbs/ton of 100 percent acid produced. Thus, these
facilities are subject to two limits, one which is continuous, i.e.,
applies at all times, and therefore provides a limit that covers
periods of SSM.
EPA is proposing to approve Florida's Supplemental SSM SIP Revision
to remove the existing NOX limit from Rule 62-296.408 and
incorporate the source-specific permit limits because the source-
specific emission limits submitted to EPA are continuous and at least
as stringent as the existing SIP-approved limit. Refer to sections
II.B.5.i, vii and viii of this NPRM for further discussion on the
emissions-unit-specific NOX emission limits, the methodology
used for developing those emission limits, and the rationale for the
substitution of these limits for the existing SIP-approved emission
limits included at 62-296.408, which support EPA's proposed action.
4. Rule Section 62-296.570, Reasonably Available Control Technology
(RACT)--Requirements for Major VOC- and NOX-Emitting
Facilities
In Florida's Supplemental SSM SIP Revision, FDEP proposes to revise
Rule Section 62-296.570, ``Reasonably Available Control Technology
(RACT)--Requirements for Major VOC- and NOX-Emitting
Facilities.'' Specifically, FDEP amends Rule 62-296.570(4)(c) by
deleting the term ``Exception'' from the prefatory text and ``at all
times except'' as a limitation on the applicability of the emission
limits in the Rule. The proposed amendment removes an exception for
periods of SSM, ensuring that RACT emission limits in Rule 62-296.570
apply at all times and during all modes of operation, consistent with
revised Rule 62-210.700. Therefore, EPA is proposing to approve this
change to Rule 62-296.570 because this language, as revised, is
consistent with the 2015 SSM Policy.
5. Florida's Source-Specific SO2 and NOX Emission
Limits
On June 2, 2010, the EPA Administrator signed a final rule setting
a new SO2 NAAQS as a 1-hour standard of 75 parts per billion
(ppb), based on a 3-year average of the annual 99th percentile of 1-
hour daily maximum concentrations. See 75 FR 35520 (June 22, 2010).
That action also revoked the 1971 annual and 24-hour SO2
NAAQS, subject to certain conditions. Whenever a NAAQS is revised, the
CAA requires EPA to designate areas throughout the United States as
attaining or not attaining the NAAQS; this designation process is
described in section 107(d)(1) of the CAA. See 75 FR 35520. EPA
completed four ``rounds'' of designations for the 2010 1-hour
SO2 NAAQS.\19\ In two of these rounds of air quality
designations, three areas in Florida were designated nonattainment.\20\
---------------------------------------------------------------------------
\19\ See Sulfur Dioxide Designations--Regulatory Actions,
https://epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions.
\20\ See 78 FR 47191 (August 5, 2013), 83 FR 1098 (January 9,
2018).
---------------------------------------------------------------------------
To assist states in demonstrating attainment with the primary 2010
1-hour SO2 NAAQS, EPA issued a guidance document titled
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions'' (SO2 Nonattainment Guidance) on April 23,
2014.\21\ The SO2 Nonattainment Guidance provides EPA's
recommended procedures for demonstrating that a nonattainment area will
attain the 2010 1-hour SO2 NAAQS. Among other things, it
provides guidance for using a statistical analysis to determine NAAQS-
protective longer-term emission limits for sources with variable
emissions. This procedure involves compiling a representative
distribution, or sample set, of actual emissions data on a 1-hour
average, using these data to compute a corresponding distribution of
longer-term emission averages, and then calculating the ratio of the
99th percentile of the longer-term values to the 99th percentile of the
hourly values. The calculation of this ``equivalency ratio'' of 99th
percentile emissions results in the relative ``smoothing'' of emissions
values recorded in the shorter-term averaging period by reducing the
variability in the data assessed and can be used to scale down the
value of a longer-term average emission limit to make it comparably
stringent to a shorter-term average emission limit.
---------------------------------------------------------------------------
\21\ See SO2 Nonattainment Guidance, https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip.
---------------------------------------------------------------------------
In accordance with the SO2 Nonattainment Guidance, an
analysis for determining a NAAQS-protective longer-term average
emission limit requires determination of a ``critical emission value''
(CEV), that is, the maximum 1-hour emissions rate that provides for
attainment as indicated by modeling. Once determined through modeling,
the CEV is adjusted downward by the equivalency ratio to obtain a lower
emission rate of comparable stringency to the modeled 1-hour average
emission rate. The longer the averaging period, the smaller the
equivalency ratio will be. Comparison of the modeled 1-hour limit to
longer-term
[[Page 29605]]
(e.g., 6-hour, 24-hour, 720-hour) average limits, in particular an
assessment of whether the longer-term average limit may be of
comparable stringency to the 1-hour CEV, is critical for demonstrating
that any longer-term average limit in the SIP will ensure that the SIP
will provide for attainment and maintenance of the 1-hour NAAQS.
Florida employed this approach to develop limits for several SAPs in
its nonattainment areas and in one unclassifiable area, as designated
at the time of the SIP revisions containing those limits. All
SO2 nonattainment and unclassifiable areas in Florida have
since been redesignated to attainment or attainment/unclassifiable.\22\
---------------------------------------------------------------------------
\22\ See 84 FR 17085 (April 24, 2019), 84 FR 60927 (November 12,
2019), and 85 FR 9666 (February 20, 2020).
---------------------------------------------------------------------------
The Supplemental SSM SIP Revision contains longer-term average
emission limits which are comparably stringent to a shorter-term
average limit as it seeks to replace SIP emission limits for SAPs and
NAPs that are based on a 3-hour average and only applicable to steady-
state operation with continuous emission limits that also apply during
periods of SSM. The use of longer-term averaging periods could help to
help account for the additional variability in emissions introduced
when considering all modes of operation. More detail is provided with
respect to the NAPs and the remaining SAPs in the State in the
following sections.
i. Methodology for Developing Continuous SO2 Emission Limits
In the Supplemental SSM SIP Revision, Florida proposes use of a
similar approach for developing longer-term average SO2
emission limits which are of comparable stringency to the current
shorter-term (3-hour) SO2 emission limits in Florida's SIP.
Currently, SO2 emissions for new SAPs are limited by Rule
62-296.402(2) to 4.0 lbs/ton of acid produced, averaged over a 3-hour
period. Comparable longer-term (24-hour) emission limits were
calculated by substitution of the Rule 62-296.402(2) emission limit of
4.0 lbs/ton of acid produced in place of a CEV. Using this approach,
FDEP proposes source-specific permit limits that are comparably
stringent to the current SIP-approved emission limits, but which allow
for emissions variability (e.g., during periods of startup).
Making use of available CEMS data, FDEP compared the 99th
percentile 3-hour average emission values to the 99th percentile 24-
hour average emission values to develop the source-specific equivalency
ratios. To be additionally conservative, FDEP also compared the 99th
percentile 1-hour average emission values, which would include more
data variability than the 3-hour values, to the 99th percentile 24-hour
average emission values to develop alternative equivalency ratios. As
Florida sought to establish a mass-based (hourly) emission limit, the
State multiplied the capacity of the SAPs by the Rule 62-296.402
production-based limit to determine the maximum hourly emissions
permitted for steady-state periods. An appropriate longer-term emission
limit was then calculated as the product of the hourly representation
of the Rule 62-296.402(2) emission limit and the equivalency ratio at
the selected longer-term averaging period. FDEP then worked with the
sources to develop continuous longer-term average emission limits in
construction permits and submit those permit conditions for
incorporation into the SIP. In each case, the SAPs were permitted with
emission limits at least as stringent as the methodology for
determining a comparably stringent longer-term average emission limit
and either equivalency ratio would produce. Table 1 shows equivalency
ratios over different averaging times for the Nutrien White Springs and
Mosaic South Pierce SAPs. The TECO Polk SAP is not included in Table 1,
because this unit is not equipped with CEMS data, which is discussed in
further detail in section II.B.5.v of this NPRM. The other 11 SAPs
subject to Rule 62-296.402 at Mosaic Fertilizer's Riverview facility
(Mosaic Riverview), Mosaic Fertilizer's Bartow facility (Mosaic
Bartow), and Mosaic Fertilizer's New Wales facility (Mosaic New Wales)
are not included in Table 1, because these SAPs already have continuous
limits approved into the SIP, which is discussed in further detail in
section II.B.5.vi of this NPRM.
Table 1--Calculated Equivalency Ratios for SO2 Emissions
----------------------------------------------------------------------------------------------------------------
Equivalency Equivalency Equivalency
Facility Emissions unit ratio (6-hr:1- ratio (24-hr:1- ratio (24-hr:3-
hr) hr) hr)
----------------------------------------------------------------------------------------------------------------
Nutrien White Springs................. 066-SAP E............... 0.976 0.940 0.950
067-SAP F............... 0.963 0.899 0.914
Mosaic South Pierce................... 004-#10 SAP............. 0.991 0.986 0.991
005-#11 SAP............. 0.986 0.969 0.976
----------------------------------------------------------------------------------------------------------------
Scaling the hourly emissions by an equivalency ratio in Table 1
provides a comparably stringent mass-based limit. As an example, the
calculation for Mosaic South Pierce would be as follows. The #10 and
#11 SAPs each have a capacity of 3,000 tons of sulfuric acid produced
per day, so the equivalent mass-based emissions (lbs/hr) are determined
by:
[GRAPHIC] [TIFF OMITTED] TP08MY23.000
The collective emissions across both SAPs is then 1,000 lbs/hr
SO2. The average of the two 24-hr:1-hr equivalency ratios
for these units would be 0.978. The adjustment to the longer-term
average comparably stringent emission cap across both units would be:
[[Page 29606]]
[GRAPHIC] [TIFF OMITTED] TP08MY23.001
For comparison purposes, the equivalent maximum production-based
emissions would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.002
The final selected ratio is 0.750, as agreed upon by FDEP and
Mosaic South Pierce, and is described in further detail in section
B.5.iv of this NPRM. At the final selected ratio of 0.750, the selected
longer-term average comparably stringent emission limit would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.003
The final equivalent mass rate for comparison purposes would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.004
ii. Methodology for Developing Continuous NOX Emission
Limits
On January 22, 2010, EPA strengthened the health-based standard for
nitrogen dioxide (NO2) by setting a new 1-hour standard of
100 ppb. In addition to establishing an averaging time and level, the
EPA Administrator also set a new form for the standard. The form for
the 1-hour NO2 standard is the 3-year average of the 98th
percentile of the annual distribution of daily maximum 1-hour average
concentrations. The rule also retained, with no change, the current
annual average NO2 standard of 53 ppb. See 75 FR 6474
(February 9, 2010). No areas in Florida were designated nonattainment
for the 2010 NO2 NAAQS.\23\
---------------------------------------------------------------------------
\23\ See 77 FR 9532 (February 17, 2012).
---------------------------------------------------------------------------
Florida uses an approach similar to the methodology employed to
develop its proposed longer-term average SO2 emission limits
for developing proposed longer-term average NOX emission
limits which are of comparable stringency to the shorter-term
NOX emission limit currently in Florida's SIP. Currently,
NOX emissions for new and existing NAPs are limited by Rule
62-296.408(2) to 3.0 lbs/ton of 100 percent nitric acid produced.
Comparable longer-term (720-hour and 30-day) NOX emission
limits were calculated by applying the comparably stringent concept
utilized in the SO2 Guidance to the Rule 62-296.408(2)
emission limit of 3.0 lbs/ton of 100 percent acid produced. In other
words, FDEP used the current SIP-approved NOX emission limit
to develop the new longer-term average continuous emission limit.
The production-based ratio of lb NOX/ton of nitric acid
produced is skewed during periods where nitric acid production is
significantly decreased, such as startup or shutdown. Accordingly, the
variability in those periods may not reflect the variability in
NOX emissions coming out of the stack, as the ratio of
emissions/production can be altered by either component. To evaluate
the actual variability in emissions, FDEP analyzed the CEMS data in
lbs/hr to determine the equivalency ratios rather than the change in
emission-to-production ratios over time. Specifically, FDEP compared
the 98th percentile 1-hour and 3-hour average emission values in lbs/hr
to the 98th percentile 30-day average emission values to develop the
source-specific equivalency ratios.\24\ The continuous, source-specific
emission limit was then calculated as the product of the Rule 62-
296.408(2) emission limit and the equivalency ratio at the selected
longer-term averaging period.
---------------------------------------------------------------------------
\24\ While the 2010 NO2 NAAQS, like the 2010
SO2 NAAQS, utilizes a 1-hour averaging period, the form
of the NO2 NAAQS is the 98th percentile rather than the
99th percentile.
---------------------------------------------------------------------------
The State subsequently worked with the sources to develop
continuous longer-term average emission limits in construction permits
and submit those permit conditions for incorporation into the SIP. The
NAPs were permitted with emission limits at least as stringent as the
methodology for determining a comparably stringent longer-term average
emission limit and either equivalency ratio would produce. Table 2
shows equivalency ratios over different averaging times for the Ascend
Pensacola NAP. The Trademark Nitrogen NAP is not included in Table 2
because, although this unit is equipped with CEMS, that source's data
is not digitized and readily available for this type of analysis. The
Ascend Pensacola data was utilized for both NAPs subject to Rule 62-
296.408. This
[[Page 29607]]
is discussed in further detail in section II.B.5.viii of this NPRM.
Table 2--Calculated Equivalency Ratios for NOX Emissions
----------------------------------------------------------------------------------------------------------------
Equivalency Equivalency
Facility Emissions unit ratio (720-hr:1- ratio (720-hr:3-
hr) hr)
----------------------------------------------------------------------------------------------------------------
Ascend Pensacola............................. 042--NAP....................... 0.950 0.958
----------------------------------------------------------------------------------------------------------------
Scaling the existing steady-state SIP limit by an equivalency ratio
in Table 2 provides a comparably stringent longer-term average emission
limit. Scaling the production-based limit by the equivalency ratio is
the same as scaling the maximum hourly emissions and subsequently
converting it to the equivalent ratio of pounds per ton (lbs/ton) of
nitric acid produced at the maximum throughput. The Ascend Pensacola
NAP has a capacity of 1,500 tons of nitric acid produced per day, so
the equivalent mass-based emissions (lbs/hr) are determined by:
[GRAPHIC] [TIFF OMITTED] TP08MY23.005
The adjustment to the longer-term average comparably stringent
emission cap with use of the 720-hr:1-hr equivalency ratio of 0.950
would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.006
The final selected ratio is 0.867, as agreed upon by FDEP and
Ascend Pensacola, and is described in further detail in section B.5.vii
of this NPRM. At the final selected ratio of 0.867, the selected
longer-term average comparably stringent emission limit would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.007
While a final longer-term average mass-based emission limit in lbs/
hr is more straightforward, the State can set the final longer-term
average limit as a production-based limit in units of lbs/ton of nitric
acid produced. A source is more vulnerable to periods of low production
of nitric acid with the emission limit in the lbs/ton of nitric acid
form because such periods of low production can skew the ratio high,
even if NOX emissions from the source have not significantly
increased. However, with the 720-hour and 30-day rolling averaging
times, these periods of low production will not be as likely to result
in noncompliance as the 3-hour averaging time for the Rule 62-296.408
limit would be. Generally, in periods with decreased production of
nitric acid, the source is still motivated to compensate with decreased
emissions to bring the ratio of lbs/ton of nitric acid produced
downward. In the alternative, should the source emit at significantly
higher lbs/hr rates, the source would be unable to compensate by
increasing the production of nitric acid beyond what the unit is rated
for. Therefore, the lbs/ton of nitric acid produced form of the
emission limit is not less stringent than a mass-based (lbs/hr)
emission limit would be.
Based on the modified methodology (i.e., substituting
SO2 and NOX emission limits from Rules 62-
296.402(2) and 62-296.408(2) for the modeled CEV in the SO2
Guidance), FDEP proposes that emissions-unit-specific emission limits
be incorporated into the SIP as comparably stringent longer-term
emission limits, thereby providing continuous emission limits for these
facilities upon approval of Florida's Supplemental SSM SIP Revision.
These emission limits would be applicable at all times and during all
modes of
[[Page 29608]]
operation, including periods of SSM. Each emission limit was included
in construction permits issued recently by FDEP. Using this approach,
any emission limit established for a source with an averaging time
longer than one hour would be set at a level that is sufficiently lower
to provide a comparable degree of stringency as the existing 3-hour SIP
emission limit. The adjusted longer-term limit would allow occasional
emission spikes above the limit during shorter averaging periods, but
this adjusted limit would also require emissions to be lower for most
of the averaging period than they would be required to be with a 3-hour
emission limit. Thus, the longer-term average emission limit, when
adjusted for comparable stringency, will result in reduced overall
allowable emissions at the longer-term averaging time and beyond, and
will require the source to minimize any excursions above the previous
3-hour averaging period. The development of these emission limits for
each facility, and assessment of the impacts to the SIP, are discussed
in greater detail in sections II.B.5.iii-viii below.
iii. Nutrien White Springs, Emissions Units 066 and 067 (SAPs E and F)
Permit 0470002-132-AC, issued to Nutrien White Springs on September
22, 2022, imposes a combined longer-term SO2 emissions cap
of 840 lbs/hr, based on a 24-hour block averaging period (0600 hours to
0600 hours) for SAPs E and F, requires that initial and ongoing
compliance demonstrations be based on SO2 CEMS data, and
specifies recordkeeping requirements applicable to the combination of
Emissions Unit 066 (SAP E) and Emissions Unit 067 (SAP F). By permit,
these conditions became effective January 1, 2023. SAPs E and F are
both subject to this SO2 emissions cap during all times of
operation, including periods of SSM; however, the 24-hour block average
must omit data generated during any hours when both SAPs are not
operating. Florida's Supplemental SSM SIP Revision requests that EPA
incorporate this emissions limit and associated monitoring,
recordkeeping, and reporting requirements into the SIP.
The longer-term SO2 emission cap is in addition to an
existing 3-hour rolling average SO2 emission limit of 2.6
lbs/ton of sulfuric acid produced, which does not include periods of
SSM, and a 365-day rolling average SO2 emission limit of 2.3
lbs/ton of sulfuric acid produced on a 365-day rolling average that
does include SSM. Florida also submitted the 3-hour rolling average and
365-day rolling average limits to EPA for incorporation into the SIP
via an October 8, 2021, SIP revision, which EPA will address in a
separate action.
The longer-term 24-hour SO2 emission limit was
calculated based on an equivalency ratio of 0.916, which FDEP and
Nutrien White Springs agreed upon as a conservative equivalency ratio.
The agreed-upon equivalency ratio corresponds with the lower end of the
calculated 24-hour to 3-hour equivalency ratios for SAPs E and F listed
in Table 1 and is less than the average of the two equivalency ratios
calculated for these emissions units and, therefore, results in a more
stringent emission limit across the two SAPs. The proposed
SO2 emission limit of 840 lbs/hr (24-hour average) is based
on concurrent operation of SAPs E and F at the maximum permitted hourly
throughput rate for each unit. Table 3 compares the existing Rule limit
to the proposed source-specific SIP limit.
Table 3--Nutrien White Springs, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit \a\ Proposed source-specific SIP limit \b\
---------------------------------------------------------------------------------------------------
Combined
Combined Combined calculated SO2
Emission unit Sulfuric acid SO2 limit (lbs/ calculated SO2 maximum annual production Combined hourly Combined
capacity (tpd) ton acid hourly SO2 emissions emission (lbs/ SO2 limit (lbs/ maximum annual
produced) [3- emissions (lbs/ (tpy) \c\ ton) [24-hr hr) [24-hr avg] SO2 emissions
hr avg] hr) [3-hr avg] avg] (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
066 (SAP E)......................... 2,750 4 917 4,015 3.67 840 3,679
067 (SAP F)......................... 2,750 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 0470002-132-AC. Based on an equivalency ratio of 0.916 agreed upon by FDEP and Nutrien.
\c\ tpy = tons per year.
Regarding the two SAPs at Nutrien White Springs, EPA has evaluated
the incorporation of the new hourly emission limit against removal of
the historical production-based limits in Rule 62-296.402 from the SIP
considering the requirements of CAA section 110(l), which provides that
EPA shall not approve a revision to a plan if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA. In its submission, FDEP provides an analysis utilizing a
methodology similar to the approach outlined in the SO2
Nonattainment Guidance for developing a long term, 24-hr block
averaging period (0600 hours to 0600 hours) SO2 emission
limit, applicable at all times during operation, for the combination of
Emissions Units 006 (SAP E) and 067 (SAP F) at the Nutrien White
Springs facility that is comparably stringent to the Rule 62-296.402(2)
SO2 emission limit in Florida's SIP.
Given that the proposed source-specific hourly limit applies at all
times, it is more stringent for periods of SSM than the existing Rule
62-296.402 limit, which does not apply during these periods.
Furthermore, EPA is proposing to find that the source-specific emission
limit is consistent with the 2015 SSM Policy and helps FDEP achieve
consistency with the 2015 SSM SIP Action across its SIP by eliminating
an emission limit that does not apply at all times and including an
emission limit that applies at all times. Table 3 shows that the new
source-specific limit is comparably stringent to the existing Rule 62-
296.402 3-hour emission limit for non-SSM periods of operation.
Additionally, Florida selected a 24-hour average source-specific
emission limit that is more stringent than one calculated using the
equivalency ratios in Table 1 (840 lbs/hr versus 844 lbs/hr).
Therefore, EPA does not expect emissions to increase as a result of
removing the existing Rule 62-296.402 production-based emission limit.
Additionally, EPA notes that these units remain subject to the
equivalent 3-hour average emission limit covering steady-
[[Page 29609]]
state operation pursuant to 40 CFR part 60, subpart H. Thus, the 3-hour
average allowable emissions applicable to steady-state (non-SSM)
operation will not be relaxed, even with the removal of the Rule 62-
296.402 3-hour emission limit.
The proposed 24-hour SO2 emission limit for SAPs E and F
at Nutrien White Springs is of comparable stringency to the emission
limit in Rule 62-296.402. Because the facility will have a permanent
and federally enforceable SIP-approved emission limit that is
comparably stringent to the existing Rule limit and that applies at all
times, EPA proposes to remove the emission limit at Rule 62-
296.402(2)(b) from the SIP.
iv. Mosaic Fertilizer, South Pierce Facility, Emissions Units 004 and
005 (SAPs 10 and 11)
Permit 1050055-037-AC, issued to Mosaic South Pierce on September
22, 2022, imposes a combined longer-term SO2 emissions cap
of 750 lbs/hr based on a 24-hour block averaging period (0600 hours to
0600 hours) for SAP #10 and #11, specifies initial and ongoing
compliance demonstrations be based on SO2 CEMS data, and
specifies recordkeeping requirements applicable to the combination of
Emissions Unit 004 (SAP #10) and Emissions Unit 005 (SAP #11). By
permit, the conditions became effective April 1, 2023. SAP #10 and #11
are collectively subject to a longer-term SO2 emissions cap
during all times of operation, including periods of SSM. The 24-hour
block average does not include any hours during which both SAPs are not
operating. Florida's Supplemental SSM SIP Revision requests that EPA
incorporate these emissions limits and associated monitoring,
recordkeeping, and reporting requirements into the SIP.
The longer-term 24-hour SO2 emissions cap was calculated
based on an equivalency ratio of 0.750, which FDEP and Mosaic agreed
upon as a conservative ratio. This factor is far less than the
calculated 24-hour to 3-hour equivalency ratios for SAPs #10 and #11,
as shown in Table 1, and results in proposed source-specific SIP
emission limits that are more conservative than called for by the
comparable stringency approach. The proposed SO2 emission
limit of 750 lbs/hr (24-hour average) is based on concurrent operation
of SAP 10 and SAP 11 at the maximum permitted hourly throughput rate
for each unit. Table 4 compares the existing Rule limit to the proposed
source-specific SIP limit.
Table 4--Mosaic Fertilizer, South Pierce, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit \a\ Proposed source-specific SIP limit \b\
-------------------------------------------------------------------------------------------------
Calculated SO2
Sulfuric acid SO2 limit (lbs/ Combined Combined production Combined Combined
Emission unit capacity (tpd) ton acid calculated SO2 maximum annual emissions (lbs/ hourly SO2 maximum annual
produced) [3- hourly SO2 emissions ton) [24-hr limit (lbs/hr) SO2 emissions
hr avg] emissions (lbs/ (tpy) avg] [24-hr avg] (tpy)
hr) [3-hr avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
4 (#10 SAP)........................... 3,000 4 1,000 4,380 3 750 3,285
5 (#11 SAP)........................... 3,000 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 1050046-083-AC. Based on an equivalency ratio of 0.750 agreed upon by FDEP and Mosaic.
Regarding the two SAPs at Mosaic South Pierce, EPA has evaluated
incorporation of the new hourly emission limit against the removal of
the historical production-based limits in Rule 62-296.402 from the SIP
considering the requirements of CAA section 110(l). In its submission,
FDEP provides an analysis utilizing a methodology similar to the
approach outlined in the SO2 Nonattainment Guidance for
developing a long term, 24-hr block averaging period (0600 hours to
0600 hours), SO2 emission limit, applicable at all times
during operation, for the combination of Emissions Units 004 and 005 at
Mosaic South Pierce that is comparably stringent to the Rule 62-
296.402(2) SO2 emission limit in Florida's SIP.
Given that the proposed source-specific hourly limit applies at all
times, it is more stringent for periods of SSM than the Rule limit,
which does not apply during these periods. Furthermore, EPA is
proposing to find that the source-specific emission limit is consistent
with the 2015 SSM Policy and helps FDEP achieve consistency with the
2015 SSM SIP Action across its SIP. Table 4 shows that the new source-
specific limit is comparably stringent to the existing Rule 62-296.402
3-hour emission limit for non-SSM periods of operation. Florida
selected a 24-hour average source-specific emission limit that is more
stringent than one calculated using the equivalency ratios in Table 1
(750 lbs/hr versus 978 lbs/hr). Therefore, EPA does not expect
emissions to increase as a result of removing the existing Rule 62-
296.402 production-based emission limit. Additionally, EPA notes that
these units remain subject to the equivalent 3-hour average emission
limit covering steady-state operation pursuant to 40 CFR part 60,
subpart H. Thus, the 3-hour average allowable emissions applicable to
steady-state (non-SSM) operation will not be relaxed, even with the
removal of the Rule 62-296.402 3-hour emission limit.
The 24-hour SO2 emission limit for SAPs 10 and 11 at the
Mosaic South Pierce is of comparable stringency to the emission limits
in Rule 62-296.402. Because the facility will have a permanent and
federally enforceable SIP-approved emission limit that is as stringent
as the Rule limit and that applies at all times, EPA proposes to remove
the emission limit at Rule 62-296.402(2)(b) from the SIP.
v. TECO-Polk Power Station, Emissions Unit 004, SAP
Permit 1050233-050-AC, issued to TECO-Polk on September 21, 2022,
imposes a longer-term SO2 emission limit of 48.0 lbs/hr,
based on a 6-hour average, specified SO2 emissions testing
by stack test (EPA Method 6C), and adds recordkeeping and recording
requirements applicable to the facility's SAP. By permit, these
conditions became effective January 1, 2023. Florida's Supplemental SSM
SIP Revision requests that EPA incorporate this emissions limit and
associated
[[Page 29610]]
monitoring, recordkeeping, and reporting requirements into the SIP.
TECO-Polk is not equipped with a SO2 CEMS, as the
facility has never been subject to the NSPS at 40 CFR part 60, subpart
H, and is not subject to Appendix P of 40 CFR part 51. Thus, Florida
chose to select a longer-term average emission limit that would still
allow for stack testing to determine compliance. The State determined
that six 1-hour stack test runs could be utilized for a slightly
longer-term, 6-hour average emission limit, and that this averaging
timeframe would help to account for additional variability in the
emissions when applying the limit to all modes of operation. The
selected 6-hour emission limit was adjusted downward from the hourly
expression of the production-based 3-hour average SIP emission limit,
from 49.8 lbs/hr to 48.0 lbs/hr, to account for possible excursions
above the limit during shorter averaging periods. The State checked
this new emission limit against 6-hour:3-hour and 6-hour:1-hour
equivalency ratios for Nutrien White Springs and Mosaic South Pierce
SAPs which are equipped with CEMS. Calculated equivalency ratios for
these sulfuric acid plants are listed in Table 1. The selected limit is
consistent with the smallest fractional 6-hour:1-hour equivalency ratio
of 0.963 across these SAPs, calculated for SAP F at the Nutrien White
Springs. The 6-hour average emission limit is applicable at all times
during operation, including periods of SSM. The proposed SO2
emission limit of 48.0 lbs/hr (6-hour average) is based on operation of
the SAP at TECO-Polk at the maximum permitted hourly throughput rate.
Table 5 compares the existing Rule limit to the proposed source-
specific emission limit.
Table 5--TECO Polk Power Station, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit \a\ Proposed source-specific SIP limit \b\
------------------------------------------------------------------------------------------------
Maximum Calculated SO2
Emission unit Sulfuric acid SO2 limit (lbs/ Calculated SO2 annual production Hourly SO2 Maximum annual
capacity (tpd) ton acid hourly SO2 emissions (lbs/ limit (lbs/hr) SO2 emissions
produced) [3-hr emissions (lbs/ emissions ton) [6-hr avg] [6-hr avg] (tpy)
avg] hr) [3-hr avg] (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
004................................... 299 4 49.8 218.3 3.85 48.0 214.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 1050233-050-AC.
As noted previously, the TECO-Polk SAP is not equipped with a
SO2 CEMS. EPA also notes that annual SO2
potential emissions from the TECO-Polk SAP, at 214.6 tpy, are an order
of magnitude less than the Nutrien White Springs SAPs (3,678 tpy) and
Mosaic South Pierce SAPs (3,285 tpy), as can be seen in Tables 3, 4,
and 5.\25\ Therefore, EPA believes this separate approach to
determining a slightly longer-term average emission limit, in the
absence of other information, is appropriate.
---------------------------------------------------------------------------
\25\ EPA also notes as a practical matter that EU004 at TECO
Polk has not operated in recent years due to the facility's
combustion of natural gas in lieu of generating syngas from coal and
petroleum coke, which would then be treated by the SAP for sulfur
removal ahead of combustion.
---------------------------------------------------------------------------
Regarding the SAP at TECO-Polk, EPA has evaluated incorporation of
the new hourly emission limit against the removal of the historical
production-based limit in Rule 62-296.402 from the SIP considering the
requirements of CAA section 110(l). In its submission, FDEP's
methodology for developing a longer-term 6-hour SO2 emission
limit, applicable at all times during operation, for the TECO-Polk
Power Station SAP (Emissions Unit 004), was reasonable in the absence
of other data, such as CEMS data, and given that the averaging time was
only increasing slightly. The State checked that the equivalency ratio
for other SAPs equipped with CEMS would result in a similar adjustment
downward in moving from a 3-hour average to a 6-hour average emission
limit. The resultant longer-term average emission limit is at least as
stringent as the current 3-hour SO2 emission limit at Rule
62-296.402(2) of the Florida SIP and, at the averaging time of 6-hours
and beyond, reduces the PTE.
Given that the proposed source-specific hourly limit applies at all
times, it is more stringent for periods of SSM than the Rule limit
which does not apply during these periods. Furthermore, EPA is
proposing to find that the source-specific emission limit is consistent
with the 2015 SSM Policy and helps FDEP achieve consistency with the
2015 SSM SIP Action across its SIP. Table 5 shows that the new source-
specific limit is as stringent as the existing Rule 62-296.402 3-hour
emission limit for non-SSM periods of operation. The selected emission
limit would be in line with the most conservative equivalency ratio
that SO2 CEMS data available for SAP E and SAP F at the
Nutrien White Springs facility and SAP 10 and SAP 11 at Mosaic South
Pierce would determine. Therefore, EPA does not expect emissions to
increase as a result of removing the existing Rule 62-296.402
production-based emission limit.
The 6-hour SO2 emission limit for the SAP at TECO-Polk
is at least as stringent as the emission limits in Rule 62-296.402.
Because the facility will have a permanent and federally enforceable
SIP-approved emission limit that is as stringent as the Rule limit and
is applicable at all times, EPA proposes to approve removal of the
emission limit at Rule 62-296.402(2)(b) from the SIP.
vi. SAPs With Previously Approved Source-Specific Emissions
Removing the emission limits at Rule 62-296.402 from the SIP would
also remove applicable emission limits for several other SAPs in
Florida for which EPA has already approved source-specific continuous
emission limits that are significantly more stringent than the limits
being removed. In addition to the production-based limit of 4.0 lbs/ton
of sulfuric acid produced, FDEP is removing the higher emission limit
of 10.0 lbs/ton of sulfuric acid produced at Rule 62-296.402(1)(a)2 and
29.0 lbs/ton of sulfuric acid produced at 62-296.402(1)(b)2.
Only ``existing emission units'' in the State (i.e., those which,
in accordance with the definitions at Rule 62-210.200 were in
existence, in operation, or under construction, or which had received a
permit to begin construction prior to January 18, 1972) would have been
subject to the less stringent 10.0 lbs/ton of sulfuric acid produced
SO2 emission limit at 62-296.402(1)(b)2, approved in
Florida's original SIP submittal. See 37 FR 10842 (May 31, 1972). On
July 3, 2017, EPA approved SIP revisions
[[Page 29611]]
requiring updated continuous SO2 emission limits for three
SAPs at Mosaic Fertilizer's Riverview facility (Mosaic Riverview): EU
004 (#7 SAP), EU 005 (#8 SAP), and EU 006 (#9 SAP). See 82 FR 30749
(July 3, 2017). Two of the SAPs, EU 004 (#7 SAP) and EU 005 (#8 SAP),
began operation before January 18, 1972, and are therefore defined in
Florida's SIP as ``existing emission units'' even though they have been
reconstructed such that the NSPS at 40 CFR part 60, subpart H applies.
Consequently, these SAPs at Mosaic Riverview are still subject to the
less stringent SO2 emission limit of 10.0 lbs/ton of
sulfuric acid produced at 62-296.402(1)(b)2 as well as the NSPS limit
of 4.0 lbs/ton of sulfuric acid produced, which is equivalent to the
SIP emission limit in Rule 62-296.402(2)(b). The limit across all three
SAPs, transmitted to EPA in an April 3, 2015, SIP revision and approved
in the July 3, 2017, final action is significantly more stringent than
the 10.0 lbs/ton of sulfuric acid produced limit. Table 8 provides
additional information on how the updated 2017-approved emission limits
are as stringent as the existing SIP limit proposed for removal. The
updated 2017-approved source-specific emission limits for EU 004 and EU
005 are also continuous, applying during periods of SSM, and were also
shown to provide for attainment of the 1-hour SO2 NAAQS.
The less stringent limit of 29.0 lbs/ton of sulfuric acid produced
at former 62-296.402(1)(a)2 has only applied to one source, Occidental
Chemical Company, which is now Nutrien White Springs.\26\ See 40 FR
49328 (October 22, 1975). However, the only active SAPs at this
facility are EU 066 (SAP E) and EU 067 (SAP F), which are not
``existing emissions units'' under Florida's definition at 62-210.200,
and the State notes that they are subject to the emission limit of 4.0
lbs/ton of sulfuric acid produced in the SIP. Therefore, this higher
SO2 emission limit is not applicable to any emission units
in the State, and there are no emissions impacts from removing it.
---------------------------------------------------------------------------
\26\ See additional source historical information at https://frs-public.epa.gov/ords/frs_public2/fii_query_dtl.disp_program_facility?p_registry_id=110000588640.
---------------------------------------------------------------------------
The remaining SAPs--EU6 at the Mosaic Riverview, the three units at
Mosaic Fertilizer, Bartow facility (Mosaic Bartow), and the five units
at Mosaic Fertilizer, New Wales facility (Mosaic New Wales)--are all
subject to the emission limit at 62-296.402(2)(b) of 4.0 lbs/ton of
sulfuric acid produced. FDEP notes in its September 20, 2022, submittal
that the source-specific longer-term average emission limits for the 11
SAPs across three facilities were more stringent than the SIP emission
limits in Rule 62-296.402 because they provided for attainment of the
1-hour SO2 NAAQS. Additionally, Tables 6 through 8 compare
the source-specific SIP emission limits approved by EPA into the SIP in
previous actions to the Rule 62-296.402 emission limits. Across all
facilities, the total annual emissions allowed under the source-
specific SIP emission limits are significantly less than what is
allowed under Rule 62-296.402. Additionally, the hourly and production-
based emission limits compare favorably, and Table 9 shows that the
source-specific emission limits are lower than the production-based
limits would be if expressed as hourly limits, and lower than the
equivalency ratios in Table 1 used for determining limits that are
comparably stringent to the Rule 62-296.402(2)(b) limit. Finally, the
hourly limits are continuous, whereas the existing Rule limits proposed
for removal only apply during steady-state operation, exempting periods
of SSM.
Table 6--Mosaic Bartow Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit \a\ Approved source-specific SIP limit \b\
-------------------------------------------------------------------------------------------------
Combined
Combined calculated SO2 Combined Combined
Emission unit Sulfuric acid SO2 limit (lbs/ calculated SO2 Combined production hourly SO2 maximum SO2
capacity (tpd) ton acid hourly maximum annual emissions (lbs/ limit (lbs/ emissions
produced) [3- emissions (lbs/ SO2 emissions ton) [24-hr hr) [24-hr (tpy)
hr avg] hr) [3-hr avg] (tpy) avg] avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
012 (No. 4 SAP)....................... 2,600 4 1,300 5,694 3.38 1,100 4,818
032 (No. 5 SAP)....................... 2,600 4
033 (No. 6 SAP)....................... 2,600 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2)(b).
\b\ Permit No. 1050046-050-AC. See 85 FR 9666 (February 2, 2017).
Table 7--Mosaic New Wales Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit \a\ Approved source-specific SIP limit \b\
-------------------------------------------------------------------------------------------------
Combined
Combined calculated SO2 Combined
Emission unit Sulfuric acid SO2 limit (lbs/ calculated SO2 Combined production Combined maximum annual
capacity (tpd) ton acid hourly maximum annual emissions (lbs/ hourly SO2 SO2 emissions
produced) [3- emissions (lbs/ SO2 emissions ton) [24-hr limit (lbs/hr) (tpy)
hr avg] hr) [3-hr avg] (tpy) avg] [24-hr avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
002 (No. 1 SAP)....................... 3,400 4 2,667 11,680 1.63 1,090 4,774
003 (No. 2 SAP)....................... 3,400 4
004 (No. 3 SAP)....................... 3,400 4
042 (No. 4 SAP)....................... 2,900 4
043 (No. 5 SAP)....................... 2,900 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2)(b).
\b\ Permit No. 1050059-106-AC. See 85 FR 9666 (February 2, 2020).
[[Page 29612]]
Table 8--Mosaic Riverview Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current production-based SIP limit Approved source-specific SIP limit \a\
-------------------------------------------------------------------------------------------------
Combined
Combined calculated SO2 Combined
Emission unit Sulfuric acid SO2 limit (lbs/ calculated SO2 Combined production Combined maximum annual
capacity (tpd) ton acid hourly maximum annual emissions (lbs/ hourly SO2 SO2 emissions
produced) [3- emissions (lbs/ SO2 emissions ton) [24-hr limit (lbs/hr) (tpy)
hr avg] hr) [3-hr avg] (tpy) avg] [24-hr avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
4 (No. 7 SAP)......................... 3,200 \b\ 10 3,025 13,250 1.48 575 2,518
5 (No. 8 SAP)......................... 2,700 \b\ 10
6 (No. 6 SAP)......................... 3,400 \c\ 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Permit No. 0570008-080-AC. See 82 FR 30749 (July 3, 2017).
\b\ Rule 62-296.402(1)(b)2.
\c\ Rule 62-296.402(2)(b).
Table 9--Ratio of Existing Source-Specific and Production-Based Emission
Limits for Mosaic Bartow, New Wales, and Riverview Facilities
------------------------------------------------------------------------
Calculated ratio
of facility-wide
Facility source-specific
limits to rule
limits
------------------------------------------------------------------------
Mosaic Bartow....................................... 0.846
Mosaic New Wales.................................... 0.409
Mosaic Riverview Units EU4-EU5...................... 0.148
Mosaic Riverview Unit EU6........................... 0.371
------------------------------------------------------------------------
Regarding these 11 SAPs, EPA has already approved continuous hourly
emission limits for these facilities into the SIP. EPA is not reopening
those underlying actions to approve the source-specific, continuous
emission limits into the SIP. EPA instead has evaluated the removal of
the historical production-based limits in Rule 62-296.402 from the SIP
considering the requirements of CAA section 110(l). Given the SIP-
approved hourly limits apply at all times, the limits are more
stringent for periods of SSM than the Rule limits which do not apply
during these periods. Furthermore, EPA is proposing to find that these
source-specific emission limits are consistent with the 2015 SSM Policy
and help FDEP achieve consistency with the 2015 SSM SIP Action across
its SIP.
The comparison of hourly and production-based emission limits shows
that the source-specific limits are more stringent. Additionally, the
actual ratios of the 24-hour average source-specific emission limits to
the respective 3-hour average emission limits under Rule 62-296.402
presented in Table 9 are much lower than any equivalency ratios
determined for similar sources via Florida's methodology to determine
appropriate equivalency ratios presented in Table 1. This means that
the 24-hour limits established to be comparably stringent to modeled
CEVs are more stringent than would be calculated to determine longer-
term average limits that are comparably stringent to the Rule 62-
296.402 limits. Therefore, emissions are not expected to increase as a
result of removing the existing Rule production-based emission limits.
Additionally, EPA notes that these units remain subject to the 3-hour
average emission limit of 4.0 lbs/ton of sulfuric acid produced
covering steady-state operation pursuant to 40 CFR part 60, subpart H.
Thus, the 3-hour average allowable emissions applicable to steady-state
(non-SSM) operation will not be relaxed, even with the removal of the
Rule 62-296.402 3-hour emission limits.
As explained in this section, the previously SIP-approved 24-hour
SO2 emission limits for SAPs at Mosaic Bartow, Mosaic New
Wales, and Mosaic Riverview are more stringent than the emission limits
in Rule 62-296.402. Because these facilities have existing SIP-approved
emission limits that are more stringent than the Rule 62-296.402
limits, EPA proposes to remove the emission limits in Rule 62-296.402
from the SIP.
vii. Ascend Pensacola, Emissions Unit 042, NAP
Construction Permit 0330040-076-AC, issued to Ascend Pensacola on
September 20, 2022, imposes a new longer-term NOX emission
limit, expressed as NO2, of 2.6 lbs/ton of nitric acid
produced, based on a rolling 720-hour average. The permit also
specifies NOX emissions testing and monitoring requirements,
emissions calculation methods, recordkeeping, and recording
requirements applicable to the Nitric Acid Plant (EU 042) at Ascend
Pensacola. By permit, the conditions became effective January 1, 2023.
Florida's Supplemental SSM SIP Revision requests that EPA incorporate
this emissions limit and associated monitoring, recordkeeping, and
reporting requirements into the SIP.
The new longer-term NOX emission limit is in addition to
the NSPS, Subpart G, NOX emission limit, expressed as
NO2, of 3.0 lbs/ton of 100 percent nitric acid produced,
based on a 3-hour average excluding periods of SSM, and a maximum
allowable annual NOX emission limit of 285 tons of
NOX per year based on a 365-day rolling total as determined
by CEMS data and stack gas flow rate. Florida's Supplemental SSM SIP
Revision requests that EPA incorporate into the SIP the 3.0 lbs/ton of
100 percent nitric acid produced limit that excludes periods of SSM.
Florida did not request incorporation of the annual limit of 285 tons
NOX per year. This would mean that the only change to what
applies during non-SSM periods of operation is that there is now an
additional limit that applies over a longer-term averaging period.
The NAP at this facility is equipped with a NOX CEMS.
Data from the facility's NOX CEMS were used to develop both
a 30-day:1-hour equivalency ratio of 0.950 and a 30-day:3-hour
equivalency ratio of 0.958. However, the State used an equivalency
[[Page 29613]]
ratio of 0.867, which FDEP and Ascend Pensacola agreed upon, in
developing the new longer-term NOX production-based limit of
2.6 lbs/ton (720-hour average) to provide ``reasonable assurance that
the [longer-term NOX] emission limit reflected a highly
controlled emission limiting process operating continuously.'' As
another point of comparison, equivalent hourly emissions were
determined by multiplying the capacity of the NAPs by the Rule 62-
296.408 and source-specific production-based limits to determine the
maximum hourly emissions permitted. Comparison of emission limits based
on the Rule 62-296.408 NOX emission limit and the proposed
new longer-term NOX emission limit are shown in Table 10.
Table 10--Ascend Pensacola, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current SIP limit \a\ Proposed source-specific SIP limit \b\
------------------------------------------------------------------------------------------------
Maximum Calculated
Emission unit Nitric acid NOX limit (lbs/ Calculated annual NOX limit (lbs/ hourly NOX Maximum annual
capacity (tpd) ton acid hourly NOX NOX ton acid emissions (lbs/ NOX emissions
produced) [3-hr emissions (lbs/ emissions produced) [720- hr) [720-hr (tpy)
avg] hr) [3-hr avg] (tpy) hr] avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
042................................... 1,500 3 187.5 821 2.60 162.6 712
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.408(2).
\b\ Permit No. 0330040-076-AC. Based on an equivalency ratio of 0.867 agreed upon by FDEP and Ascend. Permit 0330040-076-AC specifies the averaging
period of 720 hours which is equivalent to 30 days.
Regarding the NAP at Ascend Pensacola, EPA has evaluated the
incorporation of the steady-state source-specific limit and the new
longer-term average continuous limit against removal of the historical
limit in Rule 62-296.408(2) from the SIP considering the requirements
of CAA section 110(l).
In its submission, FDEP completed a reasonable analysis, utilizing
a methodology similar to the methodology outlined in the SO2
Nonattainment Guidance, for developing a longer-term production-based
NOX emission limit, applicable at all times during
operation, for the Ascend Pensacola NAP, that is comparable in
stringency to the Rule 62-296.408(2) NOX emission limit in
Florida's SIP. The methodology used to calculate the equivalency ratios
is similar to the SO2 Nonattainment Guidance; however, in
addition to the substituting the Rule 62-296.408(2) NOX
emission limits for the CEV, calculation of these equivalency ratios
further differ from the SO2 Nonattainment Guidance as the
equivalency ratios were calculated as the quotient of the 98th
percentile of the longer-term average emissions and the 98th percentile
of the short-term average emissions instead of the 99th percentiles, to
better align with the form of the 2010 1-hour NO2 NAAQS.\27\
The modified methodology is not a significant change since the
equivalency ratio of 0.867 that FDEP and Ascend agreed upon is more
conservative than both the 30-day:1-hour equivalency ratio of 0.950 and
the 30-day:3-hour equivalency ratio of 0.958. Therefore, the proposed
longer-term NOX emission limit, expressed as NO2,
of 2.6 lbs/ton nitric acid produced on a 720-hour average (i.e., 30-day
average) is also more stringent than emission limits that would result
from the application of the 30-day:1-hour or the 30-day:3-hour
equivalency ratios. Additionally, the proposed longer-term
NOX emission limit applies at all times during operation,
including periods of SSM.
---------------------------------------------------------------------------
\27\ https://www.epa.gov/no2-pollution/timeline-nitrogen-dioxide-no2-national-ambient-air-quality-standards-naaqs.
---------------------------------------------------------------------------
Given the proposed source-specific hourly limit applies at all
times, it is more stringent for periods of SSM than the Rule limit
which does not apply during these periods. Furthermore, EPA is
proposing to find that the source-specific emission limit is consistent
with the 2015 SSM Policy and helps FDEP achieve consistency with the
2015 SSM SIP Action across its SIP. Table 10 shows that the new longer-
term average source-specific limit is comparably stringent to the
existing Rule emission limit. Florida selected a 720-hour average
source-specific emission limit that is more stringent than one
calculated using the ratios in Table 2 (162.6 lbs/hr versus 179.1 lbs/
hr).\28\ Additionally, emissions will not increase as a result of
removing the existing Rule 62-296.408 production-based emission limit
for non-SSM periods of operation because EPA is also proposing to
approve the equivalent 3-hour average source-specific emission limit
into the SIP.
---------------------------------------------------------------------------
\28\ Or 2.6 lbs/ton of nitric acid produced versus 2.85 lbs/ton
of nitric acid produced.
---------------------------------------------------------------------------
As explained in this section, the proposed 720-hour (30-day)
average NOX emission limit for the NAP at Ascend Pensacola
is at least as stringent as the emission limit in Rule 62-296.408(2),
and EPA is also approving a 3-hour average limit applicable to steady-
state periods that is equivalent to the limit in Rule 62-296.408(2).
Because the facility will have permanent and federally enforceable SIP-
approved emission limits that together are more stringent than the Rule
62-296.408 limit alone and will now have a limit that applies at all
times, EPA proposes to remove the emission limit at Rule 62-296.408(2)
from the SIP.
viii. Trademark Nitrogen, Emissions Unit 001, NAP
Construction Permit 0570025-016-AC, issued to the Trademark
Nitrogen facility (Trademark Nitrogen) on September 20, 2022, imposes a
longer-term NOX emission limit, expressed as NO2,
of 2.6 lbs/ton of nitric acid produced, based on a rolling 30-day
average. The permit also specifies NOX emissions testing and
monitoring requirements, emissions calculation methods, and
recordkeeping and recording requirements applicable to the nitric acid
plant (EU 001) at Trademark Nitrogen. By permit, the new conditions
became effective January 1, 2023. The new longer-term 30-day
NOX emission limit is in addition to the applicable NSPS
Subpart G NOX emission limit of, expressed as
NO2, of 3.0 lbs/ton of 100 percent nitric acid produced,
based on a 3-hour average excluding excludes periods of SSM. Florida's
Supplemental SSM SIP Revision requests that EPA incorporate this
emissions limit and associated monitoring, recordkeeping, and reporting
requirements into the SIP. Florida also submits the 3.0 lbs/ton of 100
percent nitric acid produced limit that excludes periods of SSM and
associated monitoring, recordkeeping, and reporting requirements for
incorporation into the SIP. This would mean that the only change to
what applies during non-SSM periods of operation is that there is now
an
[[Page 29614]]
additional limit that applies over a longer-term averaging period.
The Trademark Nitrogen NAP is equipped with a NOX CEMS,
however, the CEMS utilizes a circular chart for recording
NOX emissions data and, therefore, hourly data is not
available for determining site-specific equivalency ratios for the
Trademark Nitrogen NAP. However, the NAP at this facility and the NAP
located at Ascend Pensacola use a closely related chemical process
whereby ammonia is oxidized in the presence of a catalyst to form
NOX which is then converted to nitric acid by reaction with
water and controlled via process conditions and selective catalytic
reduction (SCR).\29\ Due to the similar NOX control
processes and the unavailability of hourly data for the Trademark
Nitrogen NAP, the new longer-term NOX emission limit was
calculated utilizing the equivalency ratio of 0.867 set for the Ascend
Pensacola facility, as discussed in the previous section II.B.5.vii.
Comparison of the current SIP NOX emission limit and the
proposed source-specific NOX emission limit is shown in
Table 11.
---------------------------------------------------------------------------
\29\ EPA notes that the operating permits for Ascend Pensacola
and Trademark Nitrogen, while not part of the SIP submission, each
contain conditions that require operation of the SCR while the NAP
is operating. See Permit No. 0330040-077-AV for Ascend, condition
M.3, and Permit No. 0570025-015-AO, condition A.3, both available in
the docket for this proposed action.
Table 11--Trademark Nitrogen, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current SIP limit \a\ Proposed source-specific SIP limit \b\
------------------------------------------------------------------------------------------------
Maximum
Emission unit Nitric acid NOX limit (lbs/ Calculated NOX annual NOX limit (lbs/ Calculated NOX Maximum annual
capacity (tpd) ton acid hourly NOX ton acid hourly NOX emissions
produced) [3-hr emissions (lbs/ emissions produced) [30-d emissions (lbs/ (tpy)
avg] hr) [3-hr avg] (tpy) avg] hr) [30-d avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
001................................... 150 3 18.8 82.1 2.60 16.3 71.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.408(2).
\b\ Permit No. 0570025-016-AC. Based on an equivalency ratio of 0.867.
Regarding the NAP at Trademark Nitrogen, EPA has evaluated the
incorporation of the steady-state source-specific limit and the new
longer-term average continuous limit against removal of the historical
limit in Rule 62-296.408(2) from the SIP considering the requirements
of CAA section 110(l).
In its submission, FDEP completed a reasonable analysis, utilizing
a methodology similar to the methodology outlined in the SO2
Nonattainment Guidance, for developing a longer-term 30-day
NOX emission limit, applicable at all times during
operation, for the Ascend Pensacola NAP, which was then applied to the
Trademark Nitrogen facility as a similar source. As noted previously,
the Trademark Nitrogen NAP does not have readily available digitized
CEMS data. EPA also notes that annual NOX potential
emissions from the Trademark Nitrogen NAP, at 71 tpy, are an order of
magnitude less than the Ascend Pensacola NAP, at 712 tpy, as can be
seen in Tables 10 and 11. Therefore, EPA believes this approach to
utilizing the CEMS data of a similar source to establish a longer-term
average emission limit, in the absence of other information, is
appropriate.
EPA is proposing to find that the resultant emission limit is
comparable in stringency to the Rule 62-296.408(2) NOX
emission limit in Florida's SIP. The methodology used to calculate the
equivalency ratios, and selection of the equivalency ratio, are
detailed in sections II.B.5.ii and II.B.5.vii of this NPRM.
Additionally, the proposed longer-term NOX emission limit is
based on operation of the nitric acid plant at Trademark Nitrogen at
the maximum permitted hourly throughput rate and is applicable at all
times during operation, including periods of SSM.
Given that the proposed source-specific hourly limit applies at all
times, it is more stringent for periods of SSM than the Rule limit,
which does not apply during these periods. Furthermore, the source-
specific emission limit is consistent with the 2015 SSM Policy and
helps FDEP achieve consistency with the 2015 SSM SIP Action across its
SIP. Table 11 shows that the new source-specific limit is comparably
stringent to the existing Rule emission limit. Florida selected a 30-
day average source-specific emission limit that is more stringent than
one calculated using the ratios in Table 2 (16.3 lbs/hr versus 17.9
lbs/hr).\30\ Additionally, emissions will not increase as a result of
removing the existing Rule 62-296.408 emission limit for non-SSM
periods of operation because EPA is also proposing to approve the
equivalent 3-hour average source-specific emission limit into the SIP.
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\30\ Or 2.6 lbs/ton of nitric acid produced versus 2.85 lbs/ton
of nitric acid produced.
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As explained above, the proposed 30-day average NOX
emission limit for the NAP at Trademark Nitrogen is at least as
stringent as the emission limits in Rule 62-296.408(2). Because the
facility will have a permanent and federally enforceable SIP-approved
emission limit that is comparably stringent to the Rule limit and
applies at all times, EPA proposes to remove the emission limit at Rule
62-296.408(2) from the SIP.
III. Proposed Actions
EPA is proposing to approve Florida's Excess Emissions Rule SIP
Revision consisting of revisions to Rule Section 62-210.700, F.A.C.--
Excess Emissions. The revisions include (1) deletion of Rule 62-
210.700(4), F.A.C., with the addition of equivalent language to Rules
62-210.700(1) and (2), F.A.C.; (2) amendment of Rule 62-210.700(3),
F.A.C., to clarify and restate the visible emissions and PM limits
applicable during boiler cleaning (soot blowing) and load changes; (3)
addition of Rule 62-210.700(6), which states that Rules 62-210.700(1)
and (2) shall not apply after May 22, 2018, to either emission limits
or unit-specific emission limits that have been incorporated into
Florida's SIP; and (4) addition of Rule 62-210.700(7), which states
that after October 23, 2016, Rules 62-210.700(1) and (2), F.A.C., shall
not apply to new permit-specific emission limits established pursuant
to Florida's PSD and NNSR regulations (Rule 62-212.400 and 62-210.500,
F.A.C.). EPA proposes to find that Florida's Excess Emissions Rule SIP
Revision is consistent with CAA requirements and adequately addresses
the specific deficiencies that EPA identified in the 2015 SSM SIP
Action with respect to the Florida SIP.
Additionally, EPA is proposing to approve Florida's Supplemental
SSM SIP Revision consisting of SSM-related revisions to Rule 62-
296.405, F.A.C.,
[[Page 29615]]
Fossil Fuel Steam Generators with More than 250 Million Btu Per Hour
Heat Input, and Rule 62-296.570, F.A.C., Reasonably Available Control
Technology [RACT]--Requirements for Major VOC- and NOX-Emitting
Facilities; removal of the sulfur dioxide emission limit in Rule 62-
296.402, F.A.C. Sulfuric Acid Plants; and removal of the nitrogen
oxides emission limit in Rule 62-296.408, F.A.C., Nitric Acid Plants.
EPA is also proposing to approve into Florida's SIP source-specific
SO2 and NOX emission limits and construction
permit conditions for five SO2 emissions units and two
NOX emissions units. EPA proposes to find that Florida's
Supplemental SSM SIP Revision is consistent with CAA requirements and
adequately addresses the additional regulations identified by the State
as problematic. EPA is not reopening the 2015 SIP call and is taking
comments only on whether the SIP revisions are consistent with CAA
requirements and whether they address the substantial inadequacy in the
specific Florida SIP provisions identified in the 2015 SIP call.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in sections I
through III of this preamble, EPA is proposing to incorporate by
reference Florida Rule 62-210.700, F.A.C., entitled ``Excess
Emissions,'' state effective October 23, 2016, which set a schedule by
which the exemptions from applicable emission limits for startups,
shutdowns, and malfunctions would be removed. EPA is also proposing to
incorporate by reference the following Florida Rules: 62-296.402,
F.A.C., ``Sulfuric Acid Plants,'' removing specific emission limits
from the Florida SIP, state effective June 23, 2022, except for 62-
296.402(1), 62-926.402(2)(a)2., 62-296.402(2)(b)2., and 62-
296.402(3)(b); 62-296.405, F.A.C., ``Fossil Fuel Steam Generators with
More Than 250 Million Btu Per Hour Heat Input,'' revising monitoring
requirements and clarifying applicability, state effective June 23,
2022; 62-296.408, F.A.C., ``Nitric Acid Plants,'' removing specific
emission limits, state effective November 23, 1994, except for 62-
296.408(2); and 62-296.570, F.A.C., ``Reasonably Available Control
Technology [RACT]--Requirements for Major VOC- and NOX-
Emitting Facilities,'' removing an exemption from RACT requirements
during startups, shutdowns, and malfunctions, state effective June 23,
2022. Additionally, EPA is proposing to incorporate by reference into
Florida's SIP the specified new operating parameters, SO2
emission caps, compliance monitoring, recordkeeping and reporting
requirements for emission units EU 066 (SAP E) and EU 067 (SAP F) at
Nutrien White Springs (Permit No. 0470002-132-AC),\31\ EU 004 (SAP 10)
and EU 005 (SAP 11) at Mosaic South Pierce (Permit No. 1050055-037-
AC),\32\ and EU 004 at TECO-Polk (Permit No. 1050233-050-AC).\33\ The
SO2 emission standards specified in each permit are the
basis for the removal of other SO2 emission limits in the
SIP. Finally, EPA is proposing to incorporate by reference into
Florida's SIP the specified, new operating parameters, NOX
emission caps, compliance monitoring, recordkeeping and reporting
requirements for emission units EU 042 at Ascend Pensacola (Permit No.
0330040-076-AC),\34\ and EU 001 at Trademark Nitrogen (Permit No.
0570025-016-AC).\35\ The NOX emission standards specified in
each permit are the basis for the removal of other NOX
emission limits in the SIP. 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).
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\31\ Specifically, EPA is proposing to incorporate by reference
into Florida's SIP Specific Conditions 3 through 6 from Permit No.
0470002-132-AC issued to White Springs Agricultural Chemicals, Inc.,
Suwanee River/Swift Creek Complex by FDEP, state effective September
22, 2022.
\32\ Specifically, EPA is proposing to incorporate by reference
into Florida's SIP Specific Conditions 4 through 7 from Permit No.
1050055-037-AC issued to Mosaic Fertilizer, LLC, South Pierce
Facility by FDEP, state effective September 22, 2022.
\33\ Specifically, EPA is proposing to incorporate by reference
into Florida's SIP Specific Conditions 1 through 4 from Permit No.
1050233-050-AC issued to Tampa Electric Company Polk Power Station
by FDEP, state effective September 21, 2022.
\34\ Specifically, EPA is proposing to incorporate by reference
into Florida's SIP Specific Conditions 1 through 6 from Permit No.
0330040-076-AC issued to Ascend Performance Materials Operations LLC
Pensacola Plant by FDEP, state effective September 20, 2022. EPA
notes that the condition numbers are misidentified on pages 43-44 of
the Supplemental SSM SIP Revision as 1 and 5 through 9; in the
permit, those conditions are numbered 1 through 6, as shown on pages
98-99 of the Supplemental SSM SIP Revision.
\35\ Specifically, EPA is proposing to incorporate by reference
into Florida's SIP Specific Conditions 1 and 5 through 9 from Permit
No. 0570025-016-AC issued to Trademark Nitrogen, Inc., by FDEP,
state effective September 20, 2022.
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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. These actions merely
propose to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, these proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, 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, these actions do 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.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations
[[Page 29616]]
and low-income populations to the greatest extent practicable and
permitted by law. EPA defines environmental justice (EJ) as ``the fair
treatment and meaningful involvement of all people regardless of race,
color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
FDEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in these proposed actions. Due to the
nature of the actions being proposed here, these proposed actions are
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of these
proposed actions, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving EJ for
people of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon Monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-09106 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P
