Air Plan Approval; FL; Miscellaneous SIP Changes, 83062-83065 [2023-26107]
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Technical Guide, available on PostalPro at
https://postalpro.usps.com.
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7.0 Combining Package Services and Parcel
Select Parcels for Destination Entry
7.1 Combining Parcels—DSCF and DDU
Entry
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7.1.2 Basic Standards
Package Services and Parcel Select parcels
that qualify as machinable, nonmachinable,
and irregular under 201 and meet the
following conditions may be combined in 5digit scheme and 5-digit sacks or 5-digit
scheme and 5-digit pallets under these
conditions:
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[Revise the second sentence of item b to
read as follows:]
b. * * * For mailings presented under 7.0,
mailers may document and pay postage using
USPS Ship under 2.9.
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7.2 Combining Parcel Select and Package
Services Machinable Parcels for DNDC Entry
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7.2.2 Basic Standards
Parcel Select and Package Services parcels
must meet the following conditions:
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read as follows:]
d. * * * For mailings presented under 7.0,
mailers may document and pay postage using
USPS Ship under 2.9.
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Preparing Pallets
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introductory text of 8.6.6 to read as follows:]
* * * Labels on containers of parcels
prepared using USPS Ship under 2.9 must
show ‘‘USPS Ship’’ either to the left of
required line 3 information or directly below
line 3 using the same size and lettering used
for line 3. * * *
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18.0 Priority Mail Express Open and
Distribute and Priority Mail Open and
Distribute
18.1
Prices and Fees
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18.1.6 Postage Statement for Enclosed Mail
[Revise the text of 18.1.6 to read as
follows:]
The mailer must provide the correct
postage statement for the enclosed mail
unless prepared under USPS Ship. If the
enclosed mail is zone-priced, the mailer must
either provide documentation that details the
pieces and postage, by zone for each Priority
Mail Express Open and Distribute or Priority
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Mail Open and Distribute shipment
destination or provide a separate postage
statement for each Priority Mail Express
Open and Distribute or Priority Mail Open
and Distribute shipment destination. The
mailer must always present the mailing to the
designated USPS acceptance unit for
verification of postage and fees. A postage
statement is not required for the Priority Mail
Express or Priority Mail portion of the Open
and Distribute shipment, unless Priority Mail
postage is paid by permit imprint not
prepared under USPS Ship.
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18.5
Preparation
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introductory text of 18.5.4 to read as follows:]
* * * For mailings prepared under USPS
Ship, use green Tag 161–EVS and pink Tag
190–EVS. * * *
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18.5.7 Address Label Service Barcode
Requirement
[Revise the first sentence in the
introductory text of 18.5.7 to read as follows:]
An electronic service barcode must include
USS 128 or Intelligent Mail package barcode
(IMpb) (USPS Ship approved mailers)
symbology for Priority Mail Express Open
and Distribute, and the IMpb symbology for
Priority Mail Open and Distribute in the
address label. * * *
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18.6
Enter and Deposit
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18.6.3 Postmark and Signing Tags and
Labels
[Revise the text of 18.6.3 to read as
follows:]
Upon completion of the verification and
acceptance of the contents, all Open and
Distribute tags and labels must be
postmarked and signed in the space provided
unless prepared under an authorized USPS
Ship manifest mailing system. Open and
Distribute USPS Ship tags and labels bear the
marking ‘‘APPROVED USPS Ship MAILER’’
in the space normally designated for the
postmark and signature.
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21.0
Optional Combined Parcel Mailings
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21.1 Basic Standards for Combining Parcel
Select, Package Services, and USPS
Marketing Mail Parcels
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[Alphabetically under ‘‘U’’ list the
following:]
USPS Ship, 705.2.9
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Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–26160 Filed 11–27–23; 8:45 am]
18.5.4 Tags 161 and 190—Priority Mail
Open and Distribute
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introductory text of 18.5.3 to read as follows:]
* * * For mailings prepared under USPS
Ship, use blue Tag 257–EVS and yellow Tag
267–EVS. * * *
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18.5.3 Tags 257 and 267—Priority Mail
Express Open and Distribute
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21.1.2 Postage Payment
[Revise the last sentence of 21.1.2 to read
as follows:]
* * * Mailers may document and pay
postage using USPS Ship under 2.9.
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0660; FRL–11572–
01–R4]
Air Plan Approval; FL; Miscellaneous
SIP Changes
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the Florida
Department of Environmental Protection
(FDEP) on April 1, 2022. The proposed
revision corrects definitions, updates,
and removes outdated references,
clarifies rule applicability in several
rules within the Florida SIP, and
removes methods to determine visible
emissions.
DATES: Comments must be received on
or before December 28, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0660 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
SUMMARY:
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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
www.epa.gov/dockets/commenting-epadockets.
296.712, Miscellaneous Manufacturing
Process Operations.2 The April 1, 2022,
SIP revision that is the subject of this
proposed rulemaking corrects
definitions, updates and removes
outdated references, and clarifies
applicability in these rules, and it
removes methods to determine visible
emissions in Rules 62–296.320 and 62–
296.406. Further discussion of what the
State submitted and why EPA is
proposing to approve these changes to
the Florida SIP is provided in the
following section.
FOR FURTHER INFORMATION CONTACT:
A. Analysis of Rule 62–296.320
Tiereny Bell, 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.
Ms. Bell can be reached via phone
number (404) 562–9088 or via electronic
mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On April 1, 2022, FDEP submitted a
SIP revision to EPA regarding Chapter
62–296, Florida Administrative Code
(F.A.C.), Stationary Sources, of the
Florida SIP. In Florida’s April 1, 2022,
submission, the State is requesting that
EPA approve changes to the following
rules in the Florida SIP: Rule 62–
296.320(4), General Pollutant Emission
Limiting Standards; 1 Rule 62–296.406,
Fossil Fuel Steam Generators with Less
Than 250 Million Btu Per Hour Heat
Input, New and Existing Emissions
Units; Rule 62–296.602, Primary LeadAcid Battery Manufacturing Operations;
Rule 62–296.603, Secondary Lead
Smelting Operations; Rule 62–296.604,
Electric Arc Furnace Equipped
Secondary Steel Manufacturing
Operations; Rule 62–296.700,
Reasonably Available Control
Technology (RACT) Particulate Matter;
Rule 62–296.702, Fossil Fuel Steam
Generators; Rule 62–296.704, Asphalt
Concrete Plants; Rule 62–296.705,
Phosphate Processing Operations; Rule
62–296.707, Electric Arc Furnaces; Rule
62–296.708, Sweat or Pot Furnaces;
Rule 62–296.711, Materials Handling,
Sizing, Screening, Crushing and
Grinding Operations; and Rule 62–
1 On
October 13, 2023, the State submitted a letter
to EPA withdrawing its request to revise subsection
(3) of Rule 62–296.320. Thus, EPA is not acting on
Rule 62–296.320(3). For further information, please
see the docket for this proposed rulemaking, which
includes Florida’s October 13, 2023, withdrawal
letter.
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II. Analysis of Florida’s April 1, 2022,
SIP Revision
In the April 1, 2022, submission, the
State requests that EPA remove a
reference to the Ringlemann Chart and
revise subparagraph (4) of Rule 62–
296.320 to include citations to the Code
of Federal Regulations for the applicable
EPA test methods—Methods 5, 9 and
17—and state that EPA test methods are
adopted and incorporated by reference
at Rule 62–204.800, instead of Rule 62–
297.401, Compliance Test Methods, due
to the repeal of Rule 62–297.401.3
The Ringlemann Chart visible
emissions evaluation system evolved
from the concept developed by
Maximillian Ringelmann in the late
1800s, in which a chart with calibrated
black grids on a white background was
used to measure black smoke emissions
from coal-fired boilers. The Ringelmann
Chart was adopted by the U.S. Bureau
of Mines in the early 1900s and was
used extensively in efforts to assess and
control emissions. In the early 1950s,
the Ringelmann concept was expanded
to other colors of smoke by the
introduction of the concept of
‘‘equivalent opacity.’’ Equivalent
opacity meant that the white smoke was
equivalent to a Ringelmann number in
its ability to obscure the view of a
background. In some States, equivalent
opacity is still measured in Ringelmann
numbers, whereas in others a 0 to 100
percent scale is used. EPA stopped
using Ringelmann numbers in the New
Source Performance Standards (NSPS)
when the revised EPA Method 9 was
2 On April 1, 2022, FDEP submitted a number of
SIP revisions to Chapter 62–296, Stationary
Sources. These other SIP revisions not described
herein will be acted on through other rulemakings.
See also, footnote 1 regarding subparagraph (3) of
Rule 62–296.320.
3 Florida repealed Rule 62–297.401, State
effective on July 10, 2014. On October 13, 2017,
EPA approved the removal of Rule 62–297.401 from
Florida’s SIP. See 82 FR 47636. Rule 62–204.800
adopts and incorporates by reference Federal rules
cited throughout FDEP’s air pollution rules.
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promulgated in 1974.4 All NSPS visible
emission limits are stated in percent
opacity units, although some State
regulations still specify the use of the
Ringelmann system. EPA Method 9 is
based solely on opacity.
EPA conducted extensive field studies
on the accuracy and reliability of the
Method 9 opacity evaluation technique
when the method was revised and
repromulgated in response to industry
challenges concerning certain NSPS
opacity standards and methods. The
studies showed that visible emissions
can be assessed accurately by properly
trained and certified observers. Two
central features of Method 9 involve
taking opacity readings of plumes at 15second intervals and averaging 24
consecutive readings (6 minutes) unless
some other time is specified in the
emission standard (some NSPS specify
a 3-minute averaging period). EPA is
proposing to approve removal of the
reference to the Ringlemann Chart
because studies found that Method 9
was more accurate and reliable for an
evaluation technique than the use of the
Ringelmann numbers, EPA no longer
uses Ringelmann numbers in the NSPS,
and the State rule continues to use
Method 9 for opacity. Thus, removal of
the reference to the Ringlemann Chart
will not interfere with any applicable
requirement concerning attainment or
any other applicable Clean Air Act
(CAA) requirement.5
B. Analysis of Rule 62–296.406
In the April 1, 2022, submission, the
State requests that EPA revise Rule 62–
296.406, currently titled ‘‘Fossil Fuel
Steam Generators with Less Than 250
Million Btu Per Hour Heat Input, New
and Existing Emissions Units,’’ by
removing the unnecessary phrases
‘‘New and Existing Emissions Units’’
from the rule title and ‘‘new and
existing’’ from the rule text. EPA is
proposing to approve these changes
because the rule will continue to apply
to new and existing emissions units that
meet the rule’s unchanged applicability
criteria.
FDEP is also requesting that EPA
approve revisions to Rule 62–
296.406(1), which remove references to
repealed FDEP Method 9. Subparagraph
296.406(1) requires subject sources to
comply with a visible emissions limit of
20 percent opacity. However, the rule
4 For further information regarding EPA’s revised
Method 9 and opacity, see ‘‘Section 3.12 Method 9Visible Determination of the Opacity of Emissions
from Stationary Sources,’’ available at https://
www3.epa.gov/ttnemc01/qahandbook3/
qaiii%201977/qa%20vol%20iii%20%20aug%201977%20-%20sec%203-12.pdf.
5 See CAA section 110(l).
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also allows sources two options for
exceeding 20 percent opacity: one sixminute period per hour during which
opacity cannot exceed 27 percent, or
one two-minute period per hour during
which opacity cannot exceed 40
percent. The rule requires that the
option selected by the source be
specified in the source’s construction
and operation permits. The SIP revision
removes the exception that allows up to
40 percent opacity over a two-minute
period per hour but retains the
exception that allows up to 27 percent
opacity for one six-minute period per
hour. The option proposed for deletion,
which allows opacity of no more than
40 percent over a two-minute average,
stems from, and was consistent with,
FDEP Method 9, which measured
opacity on a two-minute average;
however, Florida removed this method
from its State rules on July 10, 2014.
The option that is retained, allowing
one exceedance per hour of an opacity
up to 27 percent over a six-minute
average, is consistent with, EPA Method
9, which measures opacity on a sixminute average. While the averaging
times and percent opacity allowed in
the two exceptions differs, the two
exceptions are approximately equivalent
on a six-minute average.6 Subparagraph
296.406(1) is also revised to add the
phrase ‘‘shall not exceed’’; delete the
word ‘‘either’’; add the word ‘‘one’’
before the word hour; add the word
‘‘period’’ after one-hour; change the
word percentile to percent; and delete
the provision that provided that the
selected exception to the 20 percent
opacity requirement (27 percent for a
six-minute average per hour or 40
percent for two-minute period per hour)
would be specified in a permit. These
revisions either remove language to
correspond to the removal of the 40
percent opacity exception or clarify rule
language. With such revisions, the
proposed rule would state: ‘‘Visible
Emissions—shall not exceed 20 percent
opacity, except for one six-minute
period per one-hour period, which shall
not exceed 27 percent.’’ EPA is
proposing to approve these changes
because Florida has removed FDEP
Method 9 from its State rules, the
exception is approximately equivalent
to the 27 percent exception that remains
in the rule, and the changes will not
6 See the March 17, 2023, EPA memorandum to
the file re: FL–167–1, April 1, 2022; DEP Method
9, which is included in the docket for this proposed
rulemaking. This memorandum memorializes a
conversation between EPA and FL DEP during
which Florida confirmed that the difference
between the two options is negligible since the data
points are measured by a human observer in five
percent increments.
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interfere with any applicable
requirement concerning attainment or
any other applicable CAA requirement.
C. Analysis of Rules 62–296.602, .603,
and .604
As discussed below, the April 1, 2022,
SIP revision contains several changes to
Rule 62–296.602, Primary Lead-Acid
Battery Manufacturing Operations; Rule
62–296.603, Secondary Lead Smelting
Operations; and Rule 62–296.604,
Electric Arc Furnace Equipped
Secondary Steel Manufacturing
Operations.
The April 1, 2022, submission revises
Rules 62–296.602(3), 62–296.603(3), and
62–296.604(3) by requiring the use of
EPA’s air quality models as provided in
40 CFR part 51, Appendix W; adding a
citation to 40 CFR part 51, Appendix W;
stating that EPA test methods are
adopted and incorporated by reference
at Rule 62–204.800; and clarifying that
the ambient air quality standard for lead
is the national standard. EPA is
proposing to approve the
aforementioned changes because they
will not interfere with any applicable
requirement concerning attainment or
any other applicable CAA requirement.
D. Analysis of Rules 62–296.700, .702,
.704, .705, .707, .708, .711, and .712
As discussed below, the April 1, 2022,
submission requests several changes to
Rule 62–296.700, Reasonably Available
Control Technology (RACT) Particulate
Matter; Rule 62–296.702, Fossil Fuel
Steam Generators; Rule 62–296.704,
Asphalt Concrete Plants; Rule 62–
296.705, Phosphate Processing
Operations; Rule 62–296.707, Electric
Arc Furnace; Rule 62–296.708, Sweat or
Pot Furnaces; Rule 62–296.711,
Materials Handling, Sizing, Screening,
Crushing and Grinding Operations; and
Rule 62–296.712, Miscellaneous
Manufacturing Process Operations.
The April 1, 2022, submission seeks
to clarify Rules 62–296.700(1) and (2) by
updating certain rule citations and
revising the term ‘‘existing emissions
unit’’ to ‘‘any emissions unit issued an
air permit on or before May 30, 1988,’’
because Florida’s PM RACT rules only
apply to emission units that have been
issued air permits on or before May 30,
1988.7 The April 1, 2022 submission
7 On May 19, 1988, Florida submitted revisions to
the SIP regarding particulate matter (PM) as part of
the implementation of the PM10 standard (PM with
an aerodynamic diameter of 10 microns or less).
The rules submitted under the May 19, 1988, date
was State effective on May 30, 1988. In these
revisions, which were approved by EPA on
February 1, 1990 (55 FR 3403), EPA approved
Florida’s changes to its particulate matter SIP that
clarify what areas of the State were covered by the
PM (total suspended particulates (TSP)) RACT rules
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also deletes general language that
provided that the rule applied in ‘‘a
particulate matter air quality
maintenance area or in the area of
influence of such an area,’’ and instead
includes language to clarify what areas
of the State are subject to RACT for TSP
by specifically identifying those
geographic areas. Additionally, the
revision moves language from Rule 62–
296.700’s applicability section at .700(1)
that provides an exception for an
emissions unit which has received a
determination of Best Available Control
Technology to Rule 62–296.700’s
exemptions section at .700(2). These
changes to 62–296.700(1) and (2) clarify
applicability of the rule. Rules 62–
296.702, .704, .705, .707, .708, .711, and
.712 are revised to include citations to
applicable EPA test methods, as
described in 40 CFR part 60,
Appendices A–2, A–3, A–4, A–6, A–7,
and B, and state that EPA test methods
are adopted and incorporated by
reference in Rule 62–204.800. In
addition, the revisions delete a sentence
in Rule 62–296–702(3) stating that EPA
Method 5 may be used to demonstrate
compliance because this provision
already specifies when EPA Method 5
may be used. EPA is proposing to
approve these changes as they do not
change the applicability of the rule and
will not interfere with any applicable
requirement concerning attainment or
any other applicable CAA requirement.
III. 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
requirements of 1 CFR 51.5, and as
discussed in Section II of this preamble,
EPA is proposing to incorporate by
reference Florida Rule 62–296.320(4),
General Pollutant Emission Limiting
Standards, state effective July 10,
2014; 8 Rule 62–296.406, Fossil Fuel
Steam Generators with Less Than 250
Million Btu Per Hour Heat Input, State
effective November 5, 2020; Rule 62–
296.602, Primary Lead-Acid Battery
Manufacturing Operations, State
effective July 10, 2014; Rule 62–296.603,
and the location of PM (TSP) air quality
maintenance areas and areas of influence (areas
within 50 kilometers outside the boundary of an air
quality maintenance area). EPA also clarified in that
notice that RACT for existing sources would
continue to apply in TSP nonattainment areas, but
RACT for new and modified sources was rescinded.
That notice addressed Rule 17–2.650, which was
later recodified to become Rules 62–296.700
through 62–296.712.
8 Portions of Rule 62–296.320 that are not
addressed in this proposed rulemaking would
remain in the Florida SIP with a State effective
March 13, 1996.
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Secondary Lead Smelting Operations,
State effective July 10, 2014; Rule 62–
296.604, Electric Arc Furnace Equipped
Secondary Steel Manufacturing
Operations, state effective July 10, 2014;
Rule 62–296.700, Reasonably Available
Control Technology (RACT) Particulate
Matter, State effective August 14, 2019;
Rule 62–296.702, Fossil Fuel Steam
Generators, State effective July 10, 2014;
Rule 62–296.704, Asphalt Concrete
Plants, State effective July 10, 2014;
Rule 62–296.705, Phosphate Processing
Operations, State effective July 10, 2014;
Rule 62–296.707, Electric Arc Furnace,
State effective July 10, 2014; Rule 62–
296.708, Sweat or Pot Furnaces, State
effective July 10, 2014; Rule 62–296.711,
Materials Handling, Sizing, Screening,
Crushing and Grinding Operations,
State effective July 10, 2014; and Rule
62–296.712, Miscellaneous
Manufacturing Process Operations,
State effective 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).
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IV. Proposed Action
For the reasons discussed above, EPA
is proposing to approve the April 1,
2022, Florida SIP revision consisting of
amendments to Rules 62–296.320(4),
62–296.406, 62–296.602, 62–296.603,
62–296.604, 62–296.700, 62–296.702,
62–296.704, 62–296.705, 62–296.707,
62–296.708, 62–296.711, and 62–
296.712 in the Florida SIP.
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
CAA and applicable Federal regulations.
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 proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 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.);
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• 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 Clean Air Act.
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.’’
The State of Florida did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
83065
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
proposed action. Due to the nature of
the action being proposed here, this
proposed 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 proposed 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 21, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023–26107 Filed 11–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 268
[EPA–HQ–OLEM–2023–0372; FRL 11026–
04–OLEM]
Department of Energy Hanford Mixed
Radioactive Waste Land Disposal
Restrictions Variance
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The United States
Environmental Protection Agency (EPA)
is proposing to grant a treatability
variance from the Land Disposal
Restrictions (LDR) treatment standards
for the U.S. Department of Energy (DOE)
for approximately 2,000 gallons of
mixed low-activity waste from the
Hanford Site in Washington State. The
petitioner demonstrated that treatment
of the waste to the specified standard is
technically inappropriate, and the
treatment variance is sufficient to
minimize threats to human health and
the environment posed by land disposal
of the waste. If the variance is granted,
the waste will be stabilized subject to
specified conditions, and disposed at
EnergySolutions in Clive, Utah and/or
Waste Control Specialists in Andrews
County, Texas. The variance would
allow DOE, Washington, and EPA to
SUMMARY:
E:\FR\FM\28NOP1.SGM
28NOP1
]]>Agencies
[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Proposed Rules]
[Pages 83062-83065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26107]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0660; FRL-11572-01-R4]
Air Plan Approval; FL; Miscellaneous SIP Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022.
The proposed revision corrects definitions, updates, and removes
outdated references, clarifies rule applicability in several rules
within the Florida SIP, and removes methods to determine visible
emissions.
DATES: Comments must be received on or before December 28, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0660 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
[[Page 83063]]
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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Ms. Bell can be reached
via phone number (404) 562-9088 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2022, FDEP submitted a SIP revision to EPA regarding
Chapter 62-296, Florida Administrative Code (F.A.C.), Stationary
Sources, of the Florida SIP. In Florida's April 1, 2022, submission,
the State is requesting that EPA approve changes to the following rules
in the Florida SIP: Rule 62-296.320(4), General Pollutant Emission
Limiting Standards; \1\ Rule 62-296.406, Fossil Fuel Steam Generators
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing
Emissions Units; Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting
Operations; Rule 62-296.604, Electric Arc Furnace Equipped Secondary
Steel Manufacturing Operations; Rule 62-296.700, Reasonably Available
Control Technology (RACT) Particulate Matter; Rule 62-296.702, Fossil
Fuel Steam Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule
62-296.705, Phosphate Processing Operations; Rule 62-296.707, Electric
Arc Furnaces; Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711,
Materials Handling, Sizing, Screening, Crushing and Grinding
Operations; and Rule 62-296.712, Miscellaneous Manufacturing Process
Operations.\2\ The April 1, 2022, SIP revision that is the subject of
this proposed rulemaking corrects definitions, updates and removes
outdated references, and clarifies applicability in these rules, and it
removes methods to determine visible emissions in Rules 62-296.320 and
62-296.406. Further discussion of what the State submitted and why EPA
is proposing to approve these changes to the Florida SIP is provided in
the following section.
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\1\ On October 13, 2023, the State submitted a letter to EPA
withdrawing its request to revise subsection (3) of Rule 62-296.320.
Thus, EPA is not acting on Rule 62-296.320(3). For further
information, please see the docket for this proposed rulemaking,
which includes Florida's October 13, 2023, withdrawal letter.
\2\ On April 1, 2022, FDEP submitted a number of SIP revisions
to Chapter 62-296, Stationary Sources. These other SIP revisions not
described herein will be acted on through other rulemakings. See
also, footnote 1 regarding subparagraph (3) of Rule 62-296.320.
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II. Analysis of Florida's April 1, 2022, SIP Revision
A. Analysis of Rule 62-296.320
In the April 1, 2022, submission, the State requests that EPA
remove a reference to the Ringlemann Chart and revise subparagraph (4)
of Rule 62-296.320 to include citations to the Code of Federal
Regulations for the applicable EPA test methods--Methods 5, 9 and 17--
and state that EPA test methods are adopted and incorporated by
reference at Rule 62-204.800, instead of Rule 62-297.401, Compliance
Test Methods, due to the repeal of Rule 62-297.401.\3\
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\3\ Florida repealed Rule 62-297.401, State effective on July
10, 2014. On October 13, 2017, EPA approved the removal of Rule 62-
297.401 from Florida's SIP. See 82 FR 47636. Rule 62-204.800 adopts
and incorporates by reference Federal rules cited throughout FDEP's
air pollution rules.
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The Ringlemann Chart visible emissions evaluation system evolved
from the concept developed by Maximillian Ringelmann in the late 1800s,
in which a chart with calibrated black grids on a white background was
used to measure black smoke emissions from coal-fired boilers. The
Ringelmann Chart was adopted by the U.S. Bureau of Mines in the early
1900s and was used extensively in efforts to assess and control
emissions. In the early 1950s, the Ringelmann concept was expanded to
other colors of smoke by the introduction of the concept of
``equivalent opacity.'' Equivalent opacity meant that the white smoke
was equivalent to a Ringelmann number in its ability to obscure the
view of a background. In some States, equivalent opacity is still
measured in Ringelmann numbers, whereas in others a 0 to 100 percent
scale is used. EPA stopped using Ringelmann numbers in the New Source
Performance Standards (NSPS) when the revised EPA Method 9 was
promulgated in 1974.\4\ All NSPS visible emission limits are stated in
percent opacity units, although some State regulations still specify
the use of the Ringelmann system. EPA Method 9 is based solely on
opacity.
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\4\ For further information regarding EPA's revised Method 9 and
opacity, see ``Section 3.12 Method 9-Visible Determination of the
Opacity of Emissions from Stationary Sources,'' available at https://www3.epa.gov/ttnemc01/qahandbook3/qaiii%201977/qa%20vol%20iii%20-%20aug%201977%20-%20sec%203-12.pdf.
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EPA conducted extensive field studies on the accuracy and
reliability of the Method 9 opacity evaluation technique when the
method was revised and repromulgated in response to industry challenges
concerning certain NSPS opacity standards and methods. The studies
showed that visible emissions can be assessed accurately by properly
trained and certified observers. Two central features of Method 9
involve taking opacity readings of plumes at 15-second intervals and
averaging 24 consecutive readings (6 minutes) unless some other time is
specified in the emission standard (some NSPS specify a 3-minute
averaging period). EPA is proposing to approve removal of the reference
to the Ringlemann Chart because studies found that Method 9 was more
accurate and reliable for an evaluation technique than the use of the
Ringelmann numbers, EPA no longer uses Ringelmann numbers in the NSPS,
and the State rule continues to use Method 9 for opacity. Thus, removal
of the reference to the Ringlemann Chart will not interfere with any
applicable requirement concerning attainment or any other applicable
Clean Air Act (CAA) requirement.\5\
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\5\ See CAA section 110(l).
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B. Analysis of Rule 62-296.406
In the April 1, 2022, submission, the State requests that EPA
revise Rule 62-296.406, currently titled ``Fossil Fuel Steam Generators
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing
Emissions Units,'' by removing the unnecessary phrases ``New and
Existing Emissions Units'' from the rule title and ``new and existing''
from the rule text. EPA is proposing to approve these changes because
the rule will continue to apply to new and existing emissions units
that meet the rule's unchanged applicability criteria.
FDEP is also requesting that EPA approve revisions to Rule 62-
296.406(1), which remove references to repealed FDEP Method 9.
Subparagraph 296.406(1) requires subject sources to comply with a
visible emissions limit of 20 percent opacity. However, the rule
[[Page 83064]]
also allows sources two options for exceeding 20 percent opacity: one
six-minute period per hour during which opacity cannot exceed 27
percent, or one two-minute period per hour during which opacity cannot
exceed 40 percent. The rule requires that the option selected by the
source be specified in the source's construction and operation permits.
The SIP revision removes the exception that allows up to 40 percent
opacity over a two-minute period per hour but retains the exception
that allows up to 27 percent opacity for one six-minute period per
hour. The option proposed for deletion, which allows opacity of no more
than 40 percent over a two-minute average, stems from, and was
consistent with, FDEP Method 9, which measured opacity on a two-minute
average; however, Florida removed this method from its State rules on
July 10, 2014. The option that is retained, allowing one exceedance per
hour of an opacity up to 27 percent over a six-minute average, is
consistent with, EPA Method 9, which measures opacity on a six-minute
average. While the averaging times and percent opacity allowed in the
two exceptions differs, the two exceptions are approximately equivalent
on a six-minute average.\6\ Subparagraph 296.406(1) is also revised to
add the phrase ``shall not exceed''; delete the word ``either''; add
the word ``one'' before the word hour; add the word ``period'' after
one-hour; change the word percentile to percent; and delete the
provision that provided that the selected exception to the 20 percent
opacity requirement (27 percent for a six-minute average per hour or 40
percent for two-minute period per hour) would be specified in a permit.
These revisions either remove language to correspond to the removal of
the 40 percent opacity exception or clarify rule language. With such
revisions, the proposed rule would state: ``Visible Emissions--shall
not exceed 20 percent opacity, except for one six-minute period per
one-hour period, which shall not exceed 27 percent.'' EPA is proposing
to approve these changes because Florida has removed FDEP Method 9 from
its State rules, the exception is approximately equivalent to the 27
percent exception that remains in the rule, and the changes will not
interfere with any applicable requirement concerning attainment or any
other applicable CAA requirement.
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\6\ See the March 17, 2023, EPA memorandum to the file re: FL-
167-1, April 1, 2022; DEP Method 9, which is included in the docket
for this proposed rulemaking. This memorandum memorializes a
conversation between EPA and FL DEP during which Florida confirmed
that the difference between the two options is negligible since the
data points are measured by a human observer in five percent
increments.
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C. Analysis of Rules 62-296.602, .603, and .604
As discussed below, the April 1, 2022, SIP revision contains
several changes to Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting
Operations; and Rule 62-296.604, Electric Arc Furnace Equipped
Secondary Steel Manufacturing Operations.
The April 1, 2022, submission revises Rules 62-296.602(3), 62-
296.603(3), and 62-296.604(3) by requiring the use of EPA's air quality
models as provided in 40 CFR part 51, Appendix W; adding a citation to
40 CFR part 51, Appendix W; stating that EPA test methods are adopted
and incorporated by reference at Rule 62-204.800; and clarifying that
the ambient air quality standard for lead is the national standard. EPA
is proposing to approve the aforementioned changes because they will
not interfere with any applicable requirement concerning attainment or
any other applicable CAA requirement.
D. Analysis of Rules 62-296.700, .702, .704, .705, .707, .708, .711,
and .712
As discussed below, the April 1, 2022, submission requests several
changes to Rule 62-296.700, Reasonably Available Control Technology
(RACT) Particulate Matter; Rule 62-296.702, Fossil Fuel Steam
Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule 62-296.705,
Phosphate Processing Operations; Rule 62-296.707, Electric Arc Furnace;
Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711, Materials
Handling, Sizing, Screening, Crushing and Grinding Operations; and Rule
62-296.712, Miscellaneous Manufacturing Process Operations.
The April 1, 2022, submission seeks to clarify Rules 62-296.700(1)
and (2) by updating certain rule citations and revising the term
``existing emissions unit'' to ``any emissions unit issued an air
permit on or before May 30, 1988,'' because Florida's PM RACT rules
only apply to emission units that have been issued air permits on or
before May 30, 1988.\7\ The April 1, 2022 submission also deletes
general language that provided that the rule applied in ``a particulate
matter air quality maintenance area or in the area of influence of such
an area,'' and instead includes language to clarify what areas of the
State are subject to RACT for TSP by specifically identifying those
geographic areas. Additionally, the revision moves language from Rule
62-296.700's applicability section at .700(1) that provides an
exception for an emissions unit which has received a determination of
Best Available Control Technology to Rule 62-296.700's exemptions
section at .700(2). These changes to 62-296.700(1) and (2) clarify
applicability of the rule. Rules 62-296.702, .704, .705, .707, .708,
.711, and .712 are revised to include citations to applicable EPA test
methods, as described in 40 CFR part 60, Appendices A-2, A-3, A-4, A-6,
A-7, and B, and state that EPA test methods are adopted and
incorporated by reference in Rule 62-204.800. In addition, the
revisions delete a sentence in Rule 62-296-702(3) stating that EPA
Method 5 may be used to demonstrate compliance because this provision
already specifies when EPA Method 5 may be used. EPA is proposing to
approve these changes as they do not change the applicability of the
rule and will not interfere with any applicable requirement concerning
attainment or any other applicable CAA requirement.
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\7\ On May 19, 1988, Florida submitted revisions to the SIP
regarding particulate matter (PM) as part of the implementation of
the PM10 standard (PM with an aerodynamic diameter of 10
microns or less). The rules submitted under the May 19, 1988, date
was State effective on May 30, 1988. In these revisions, which were
approved by EPA on February 1, 1990 (55 FR 3403), EPA approved
Florida's changes to its particulate matter SIP that clarify what
areas of the State were covered by the PM (total suspended
particulates (TSP)) RACT rules and the location of PM (TSP) air
quality maintenance areas and areas of influence (areas within 50
kilometers outside the boundary of an air quality maintenance area).
EPA also clarified in that notice that RACT for existing sources
would continue to apply in TSP nonattainment areas, but RACT for new
and modified sources was rescinded. That notice addressed Rule 17-
2.650, which was later recodified to become Rules 62-296.700 through
62-296.712.
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III. 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 requirements of 1 CFR 51.5, and as discussed in Section II of this
preamble, EPA is proposing to incorporate by reference Florida Rule 62-
296.320(4), General Pollutant Emission Limiting Standards, state
effective July 10, 2014; \8\ Rule 62-296.406, Fossil Fuel Steam
Generators with Less Than 250 Million Btu Per Hour Heat Input, State
effective November 5, 2020; Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations, State effective July 10, 2014; Rule 62-
296.603,
[[Page 83065]]
Secondary Lead Smelting Operations, State effective July 10, 2014; Rule
62-296.604, Electric Arc Furnace Equipped Secondary Steel Manufacturing
Operations, state effective July 10, 2014; Rule 62-296.700, Reasonably
Available Control Technology (RACT) Particulate Matter, State effective
August 14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, State
effective July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants,
State effective July 10, 2014; Rule 62-296.705, Phosphate Processing
Operations, State effective July 10, 2014; Rule 62-296.707, Electric
Arc Furnace, State effective July 10, 2014; Rule 62-296.708, Sweat or
Pot Furnaces, State effective July 10, 2014; Rule 62-296.711, Materials
Handling, Sizing, Screening, Crushing and Grinding Operations, State
effective July 10, 2014; and Rule 62-296.712, Miscellaneous
Manufacturing Process Operations, State effective 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).
---------------------------------------------------------------------------
\8\ Portions of Rule 62-296.320 that are not addressed in this
proposed rulemaking would remain in the Florida SIP with a State
effective March 13, 1996.
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IV. Proposed Action
For the reasons discussed above, EPA is proposing to approve the
April 1, 2022, Florida SIP revision consisting of amendments to Rules
62-296.320(4), 62-296.406, 62-296.602, 62-296.603, 62-296.604, 62-
296.700, 62-296.702, 62-296.704, 62-296.705, 62-296.707, 62-296.708,
62-296.711, and 62-296.712 in the Florida SIP.
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 CAA and applicable
Federal regulations. 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 proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 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 Clean Air Act.
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.''
The State of Florida 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 proposed action. Due to the nature of the action being proposed
here, this proposed 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 proposed 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 21, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-26107 Filed 11-27-23; 8:45 am]
BILLING CODE 6560-50-P
