Air Plan Approval; FL; Miscellaneous SIP Revision, 76137-76139 [2023-23833]
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0056; FRL–11369–
02–R4]
Air Plan Approval; FL; Miscellaneous
SIP Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a Florida
State Implementation Plan (SIP)
revision, submitted by the State of
Florida through the Florida Department
of Environmental Protection (FDEP) on
April 1, 2022. The SIP revision revises
multiple stationary source rules in
Florida’s SIP with substantive and
minor changes throughout. EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective December 6,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0056. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Ortiz can be reached via phone
number (404) 562–8085 or via electronic
mail at ortizborrero.josue@epa.gov.
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SUMMARY:
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I. Background
EPA is approving certain changes to
the Florida SIP that were submitted by
FDEP on April 1, 2022. Specifically,
EPA is approving changes to Rules 62–
296.414, Florida Administrative Code
(F.A.C.), Concrete Batching Plants; 62–
296.415, F.A.C., Soil Thermal Treatment
Facilities; 62–296.418, F.A.C., Bulk
Gasoline Plants; 62–296.500, F.A.C.,
Reasonably Available Control
Technology (RACT)—Volatile Organic
Compounds (VOC) and Nitrogen Oxides
(NOX) Emitting Facilities; 62–296.501,
F.A.C., Can Coating; 62–296.502, F.A.C.,
Coil Coating; 62–296.503, F.A.C., Paper
Coating; 62–296.504, F.A.C., Fabric and
Vinyl Coating; 62–296.505, F.A.C.,
Metal Furniture Coating; 62–296.506,
F.A.C., Surface Coating of Large
Appliances; 62–296.507, F.A.C., Magnet
Wire Coating; 62–296.508, F.A.C.,
Petroleum Liquid Storage; 62–296.510,
F.A.C., Bulk Gasoline Terminals; 62–
296.511, F.A.C., Solvent Metal Cleaning;
62–296.512, F.A.C., Cutback Asphalt;
62–296.513, F.A.C., Surface Coating of
Miscellaneous Metal Parts and
Products; 62–296.514, F.A.C., Surface
Coating of Flat Wood Paneling; 62–
296.515, F.A.C., Graphic Arts Systems;
and 62–296.516, F.A.C., Petroleum
Liquid Storage Tanks with External
Floating Roofs.1 These changes are for
multiple stationary source emission
standards rules in Florida’s SIP with
substantive and minor changes
throughout.
Through a notice of proposed
rulemaking (NPRM), published on
September 11, 2023, (88 FR 62303), EPA
proposed to approve the April 1, 2022,
submission. The details of Florida’s
submission, which amend various
stationary source emission standards, as
well as EPA’s rationale for approving
the changes, are described in the
September 11, 2023, NPRM. Comments
on the September 11, 2023, NPRM were
due on or before October 11, 2023. EPA
did not receive any adverse comments
on the September 11, 2023, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, and as discussed in Section
I of this preamble, EPA is finalizing the
incorporation by reference of Rules 62–
296.414, F.A.C., Concrete Batching
Plants; 62–296.415, F.A.C., Soil
1 The April 1, 2022, submittal transmits several
changes to other Florida SIP-approved rules. These
changes are not addressed in this action and will
be considered by EPA in separate rulemakings.
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76137
Thermal Treatment Facilities; 62–
296.511, F.A.C., Solvent Metal Cleaning,
each state effective November 5, 2020;
62–296.418, F.A.C., Bulk Gasoline
Plants; 62–296.500, F.A.C., Reasonably
Available Control Technology (RACT)—
Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Emitting
Facilities; 62–296.512, F.A.C., Cutback
Asphalt, each state effective August 14,
2019; and 62–296.501, F.A.C., Can
Coating; 62–296.502, F.A.C., Coil
Coating; 62–296.503, F.A.C., Paper
Coating; 62–296.504, F.A.C., Fabric and
Vinyl Coating; 62–296.505, F.A.C.,
Metal Furniture Coating; 62–296.506,
F.A.C., Surface Coating of Large
Appliances; 62–296.507, F.A.C., Magnet
Wire Coating; 62–296.508, F.A.C.,
Petroleum Liquid Storage; 62–296.510,
F.A.C., Bulk Gasoline Terminals; 62–
296.513, F.A.C., Surface Coating of
Miscellaneous Metal Parts and
Products; 62–296.514, F.A.C., Surface
Coating of Flat Wood Paneling; 62–
296.515, F.A.C., Graphic Arts Systems;
and 62–296.516, F.A.C., Petroleum
Liquid Storage Tanks with External
Floating Roofs, all state effective on July
10, 2014. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2
III. Final Action
EPA is finalizing the approval of the
April 1, 2022, Florida SIP revision to
incorporate various changes to Rules
62–296.414, F.A.C., Concrete Batching
Plants; 62–296.415, F.A.C., Soil
Thermal Treatment Facilities; 62–
296.418, F.A.C., Bulk Gasoline Plants;
62–296.500, F.A.C., Reasonably
Available Control Technology (RACT)—
Volatile Organic Compounds (VOC) and
Nitrogen Oxides (NOX) Emitting
Facilities; 62–296.501, F.A.C., Can
Coating; 62–296.502, F.A.C., Coil
Coating; 62–296.503, F.A.C., Paper
Coating; 62–296.504, F.A.C., Fabric and
Vinyl Coating; 62–296.505, F.A.C.,
Metal Furniture Coating; 62–296.506,
F.A.C., Surface Coating of Large
2 See
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62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
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Appliances; 62–296.507, F.A.C., Magnet
Wire Coating; 62–296.508, F.A.C.,
Petroleum Liquid Storage; 62–296.510,
F.A.C., Bulk Gasoline Terminals; 62–
296.511, F.A.C., Solvent Metal Cleaning;
62–296.512, F.A.C., Cutback Asphalt;
62–296.513, F.A.C., Surface Coating of
Miscellaneous Metal Parts and
Products; 62–296.514, F.A.C., Surface
Coating of Flat Wood Paneling; 62–
296.515, F.A.C., Graphic Arts Systems;
and 62–296.516, F.A.C., Petroleum
Liquid Storage Tanks with External
Floating Roofs, from the Florida SIP.
EPA is approving these changes because
they will not interfere with the
attainment or maintenance of the
NAAQS or any other applicable
requirement of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
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, the rule does not have
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,
February 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.’’
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 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 EJ for people of color, lowincome populations, and Indigenous
peoples.
This action is subject to the
Congressional Review Act, and EPA will
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submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 5, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: October 24, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. In § 52.520(c), amend the table by
revising the entries for ‘‘62–296.414,’’
‘‘62–296.415,’’ ‘‘62–62–296.418,’’ ‘‘62–
296.500,’’ ‘‘62–296.501,’’ ‘‘62–296.502,’’
‘‘62–296.503,’’ ‘‘62–296.504,’’ ‘‘62–
296.505,’’ ‘‘62–296.506,’’ ‘‘62–296.507,’’
‘‘62–296.508,’’ ‘‘62–296.510,’’ ‘‘62–
296.511,’’ ‘‘62–296.512,’’ ‘‘62–296.513,’’
‘‘62–296.514,’’ ‘‘62–296.515,’’ and ‘‘62–
296.516.’’
The revisions read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
EPA-APPROVED FLORIDA LAWS AND REGULATIONS
State citation
(section)
State effective
date
Title/subject
*
*
*
EPA approval date
*
Chapter 62–296
*
*
Concrete Batching Plants ..................
11/5/2020
62–296.415 ...........
Soil Thermal Treatment Facilities ......
11/5/2020
62–296.418 ...........
Bulk Gasoline Plants .........................
8/14/2019
*
62–296.500 ...........
*
8/14/2019
*
*
11/6/2023, [Insert citation of publication].
62–296.501 ...........
*
*
Reasonably Available Control Technology (RACT)—Volatile Organic
Compounds (VOC) and Nitrogen
Oxides (NOX) Emitting Facilities.
Can Coating .......................................
7/10/2014
62–296.502 ...........
Coil Coating .......................................
7/10/2014
62–296.503 ...........
Paper Coating ....................................
7/10/2014
62–296.504 ...........
Fabric and Vinyl Coating ...................
7/10/2014
62–296.505 ...........
Metal Furniture Coating .....................
7/10/2014
62–296.506 ...........
Surface Coating of Large Appliances
7/10/2014
62–296.507 ...........
Magnet Wire Coating .........................
7/10/2014
62–296.508 ...........
Petroleum Liquid Storage ..................
7/10/2014
62–296.510 ...........
Bulk Gasoline Terminals ....................
7/10/2014
62–296.511 ...........
Solvent Metal Cleaning ......................
11/5/2020
62–296.512 ...........
Cutback Asphalt .................................
8/14/2019
62–296.513 ...........
Surface Coating of Miscellaneous
Metal Parts and Products.
Surface Coating of Flat Wood Paneling.
Graphic Arts Systems ........................
7/10/2014
Petroleum Liquid Storage Tanks with
External Floating Roofs.
7/10/2014
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
62–296.515 ...........
62–296.516 ...........
*
*
*
*
*
*
7/10/2014
7/10/2014
*
*
[FR Doc. 2023–23833 Filed 11–3–23; 8:45 am]
11/6/2023, [Insert citation of publication].
11/6/2023, [Insert citation of publication].
11/6/2023, [Insert citation of publication].
*
[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica-
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0681; FRL–10386–
02–R9]
Approval of Air Quality Implementation
Plans; Vehicle Miles Traveled
Emissions Offset Demonstrations for
the 2015 Ozone Standards; California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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[Insert citation of publica-
BILLING CODE 6560–50–P
VerDate Sep<11>2014
*
Stationary Sources—Emission Standards
62–296.414 ...........
62–296.514 ...........
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Explanation
*
*
approve revisions to the California state
implementation plan (SIP) concerning
vehicle miles traveled (VMT) offset
demonstrations for the Los Angeles–
South Coast Air Basin (South Coast),
Riverside County (Coachella Valley),
Los Angeles–San Bernadino Counties
(West Mojave Desert), and San Joaquin
Valley nonattainment areas (NAAs) for
the 2015 ozone national ambient air
quality standards (2015 ozone NAAQS).
The EPA is taking action to approve
these revisions because they
demonstrate that California has added
or implemented specific enforceable
transportation control strategies and
transportation control measures to offset
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76137-76139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23833]
[[Page 76137]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0056; FRL-11369-02-R4]
Air Plan Approval; FL; Miscellaneous SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
Florida State Implementation Plan (SIP) revision, submitted by the
State of Florida through the Florida Department of Environmental
Protection (FDEP) on April 1, 2022. The SIP revision revises multiple
stationary source rules in Florida's SIP with substantive and minor
changes throughout. EPA is approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective December 6, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0056. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving certain changes to the Florida SIP that were
submitted by FDEP on April 1, 2022. Specifically, EPA is approving
changes to Rules 62-296.414, Florida Administrative Code (F.A.C.),
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment
Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-296.500,
F.A.C., Reasonably Available Control Technology (RACT)--Volatile
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities;
62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil Coating; 62-
296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric and Vinyl
Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-296.506,
F.A.C., Surface Coating of Large Appliances; 62-296.507, F.A.C., Magnet
Wire Coating; 62-296.508, F.A.C., Petroleum Liquid Storage; 62-296.510,
F.A.C., Bulk Gasoline Terminals; 62-296.511, F.A.C., Solvent Metal
Cleaning; 62-296.512, F.A.C., Cutback Asphalt; 62-296.513, F.A.C.,
Surface Coating of Miscellaneous Metal Parts and Products; 62-296.514,
F.A.C., Surface Coating of Flat Wood Paneling; 62-296.515, F.A.C.,
Graphic Arts Systems; and 62-296.516, F.A.C., Petroleum Liquid Storage
Tanks with External Floating Roofs.\1\ These changes are for multiple
stationary source emission standards rules in Florida's SIP with
substantive and minor changes throughout.
---------------------------------------------------------------------------
\1\ The April 1, 2022, submittal transmits several changes to
other Florida SIP-approved rules. These changes are not addressed in
this action and will be considered by EPA in separate rulemakings.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM), published on
September 11, 2023, (88 FR 62303), EPA proposed to approve the April 1,
2022, submission. The details of Florida's submission, which amend
various stationary source emission standards, as well as EPA's
rationale for approving the changes, are described in the September 11,
2023, NPRM. Comments on the September 11, 2023, NPRM were due on or
before October 11, 2023. EPA did not receive any adverse comments on
the September 11, 2023, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference of Rules 62-296.414, F.A.C.,
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment
Facilities; 62-296.511, F.A.C., Solvent Metal Cleaning, each state
effective November 5, 2020; 62-296.418, F.A.C., Bulk Gasoline Plants;
62-296.500, F.A.C., Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities; 62-296.512, F.A.C., Cutback Asphalt, each state effective
August 14, 2019; and 62-296.501, F.A.C., Can Coating; 62-296.502,
F.A.C., Coil Coating; 62-296.503, F.A.C., Paper Coating; 62-296.504,
F.A.C., Fabric and Vinyl Coating; 62-296.505, F.A.C., Metal Furniture
Coating; 62-296.506, F.A.C., Surface Coating of Large Appliances; 62-
296.507, F.A.C., Magnet Wire Coating; 62-296.508, F.A.C., Petroleum
Liquid Storage; 62-296.510, F.A.C., Bulk Gasoline Terminals; 62-
296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and
Products; 62-296.514, F.A.C., Surface Coating of Flat Wood Paneling;
62-296.515, F.A.C., Graphic Arts Systems; and 62-296.516, F.A.C.,
Petroleum Liquid Storage Tanks with External Floating Roofs, all state
effective on July 10, 2014. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
---------------------------------------------------------------------------
\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the April 1, 2022, Florida SIP
revision to incorporate various changes to Rules 62-296.414, F.A.C.,
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment
Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-296.500,
F.A.C., Reasonably Available Control Technology (RACT)--Volatile
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities;
62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil Coating; 62-
296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric and Vinyl
Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-296.506,
F.A.C., Surface Coating of Large
[[Page 76138]]
Appliances; 62-296.507, F.A.C., Magnet Wire Coating; 62-296.508,
F.A.C., Petroleum Liquid Storage; 62-296.510, F.A.C., Bulk Gasoline
Terminals; 62-296.511, F.A.C., Solvent Metal Cleaning; 62-296.512,
F.A.C., Cutback Asphalt; 62-296.513, F.A.C., Surface Coating of
Miscellaneous Metal Parts and Products; 62-296.514, F.A.C., Surface
Coating of Flat Wood Paneling; 62-296.515, F.A.C., Graphic Arts
Systems; and 62-296.516, F.A.C., Petroleum Liquid Storage Tanks with
External Floating Roofs, from the Florida SIP. EPA is approving these
changes because they will not interfere with the attainment or
maintenance of the NAAQS or any other applicable requirement of the
CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
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, the rule does not have 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,
February 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.''
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 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 EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 5, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: October 24, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. In Sec. 52.520(c), amend the table by revising the entries for
``62-296.414,'' ``62-296.415,'' ``62-62-296.418,'' ``62-296.500,''
``62-296.501,'' ``62-296.502,'' ``62-296.503,'' ``62-296.504,'' ``62-
296.505,'' ``62-296.506,'' ``62-296.507,'' ``62-296.508,'' ``62-
296.510,'' ``62-296.511,'' ``62-296.512,'' ``62-296.513,'' ``62-
296.514,'' ``62-296.515,'' and ``62-296.516.''
The revisions read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
[[Page 76139]]
EPA-Approved Florida Laws and Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation (section) Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.414............... Concrete Batching 11/5/2020 11/6/2023,
Plants. [Insert citation
of publication].
62-296.415............... Soil Thermal 11/5/2020 11/6/2023,
Treatment [Insert citation
Facilities. of publication].
62-296.418............... Bulk Gasoline 8/14/2019 11/6/2023,
Plants. [Insert citation
of publication].
* * * * * * *
62-296.500............... Reasonably 8/14/2019 11/6/2023,
Available [Insert citation
Control of publication].
Technology
(RACT)--Volatile
Organic
Compounds (VOC)
and Nitrogen
Oxides (NOX)
Emitting
Facilities.
62-296.501............... Can Coating...... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.502............... Coil Coating..... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.503............... Paper Coating.... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.504............... Fabric and Vinyl 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.505............... Metal Furniture 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.506............... Surface Coating 7/10/2014 11/6/2023,
of Large [Insert citation
Appliances. of publication].
62-296.507............... Magnet Wire 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.508............... Petroleum Liquid 7/10/2014 11/6/2023,
Storage. [Insert citation
of publication].
62-296.510............... Bulk Gasoline 7/10/2014 11/6/2023,
Terminals. [Insert citation
of publication].
62-296.511............... Solvent Metal 11/5/2020 11/6/2023,
Cleaning. [Insert citation
of publication].
62-296.512............... Cutback Asphalt.. 8/14/2019 11/6/2023,
[Insert citation
of publication].
62-296.513............... Surface Coating 7/10/2014 11/6/2023,
of Miscellaneous [Insert citation
Metal Parts and of publication].
Products.
62-296.514............... Surface Coating 7/10/2014 11/6/2023,
of Flat Wood [Insert citation
Paneling. of publication].
62-296.515............... Graphic Arts 7/10/2014 11/6/2023,
Systems. [Insert citation
of publication].
62-296.516............... Petroleum Liquid 7/10/2014 11/6/2023,
Storage Tanks [Insert citation
with External of publication].
Floating Roofs.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-23833 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
