Air Plan Approval; Florida; Miscellaneous SIP Changes, 3886-3889 [2024-01030]
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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Rules and Regulations
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M. Administrative Procedure Act
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List of Subjects in 30 CFR Part 1241
Administrative practice and
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Penalties, Public lands—mineral
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Howard M. Cantor,
Director, Office of Natural Resources
Revenue.
Authority and Issuance
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For the reasons discussed in the
preamble, ONRR amends 30 CFR part
1241 as set forth below:
PART 1241—PENALTIES
1. The authority citation for part 1241
continues to read as follows:
■
Authority: 25 U.S.C. 396 et seq., 396a et
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351
et seq., 1001 et seq., 1701 et seq.; 43 U.S.C.
1301 et seq., 1331 et seq., 1801 et seq.
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§ 1241.52
[Amended]
2. Amend § 1241.52 by:
a. In paragraph (a)(2), removing
‘‘$1,474’’ and adding in its place
‘‘$1,522’’.
■ b. In paragraph (b) introductory text,
removing ‘‘$14,754’’ and adding in its
place ‘‘$15,232’’.
■
■
§ 1241.60
[Amended]
3. Amend § 1241.60 by:
a. In paragraph (b)(1), removing
‘‘$29,505’’ and adding in its place
‘‘$30,461’’.
■ b. In paragraph (b)(2), removing
‘‘$73,764’’ and adding in its place
‘‘$76,155’’.
■
■
[FR Doc. 2024–01110 Filed 1–19–24; 8:45 am]
BILLING CODE 4335–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0660; FRL–11572–
02–R4]
Air Plan Approval; Florida;
Miscellaneous SIP Changes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the Florida State Implementation Plan
(SIP), submitted by the Florida
Department of Environmental Protection
(FDEP) on April 1, 2022. The final rule
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and removes outdated references,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. EPA is approving the
changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective February
21, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0660. All documents in the docket
are listed on the 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
SUMMARY:
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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
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:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9088. Ms. Bell can also be
reached via electronic mail at
bell.tiereny@epa.gov.
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 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–
296.712, Miscellaneous Manufacturing
Process Operations.2
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 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.
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Through a notice of proposed
rulemaking (NPRM) published on
November 28, 2023 (88 FR 83062), EPA
proposed to approve the April 1, 2022,
SIP submittal, which corrects
definitions, updates and removes
outdated references, clarifies
applicability in these rules, and removes
methods to determine visible emissions
in Rules 62–296.320 and 62–296.406.
The details of the submission, as well as
EPA’s rationale for changing these rules,
are described in more detail in EPA’s
November 28, 2023, NPRM. Comments
on the November 28, 2023, NPRM were
due on or before December 28, 2023.
EPA received one comment on the
November 28, 2023, NPRM, and it
supports EPA’s action. No adverse
comments were received.
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II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of Rule 62–
296.320(4), General Pollutant Emission
Limiting Standards, state effective on
July 10, 2014; 3 Rule 62–296.406, Fossil
Fuel Steam Generators with Less Than
250 Million Btu Per Hour Heat Input,
state effective on November 5, 2020;
Rule 62–296.602, Primary Lead-Acid
Battery Manufacturing Operations, state
effective on July 10, 2014; Rule 62–
296.603, Secondary Lead Smelting
Operations, state effective on July 10,
2014; Rule 62–296.604, Electric Arc
Furnace Equipped Secondary Steel
Manufacturing Operations, state
effective on July 10, 2014; Rule 62–
296.700, Reasonably Available Control
Technology (RACT) Particulate Matter,
state effective on August 14, 2019; Rule
62–296.702, Fossil Fuel Steam
Generators, state effective on July 10,
2014; Rule 62–296.704, Asphalt
Concrete Plants, state effective on July
10, 2014; Rule 62–296.705, Phosphate
Processing Operations, state effective on
July 10, 2014; Rule 62–296.707, Electric
Arc Furnaces, state effective on July 10,
2014; Rule 62–296.708, Sweat or Pot
Furnaces, state effective on July 10,
2014; Rule 62–296.711, Materials
Handling, Sizing, Screening, Crushing
and Grinding Operations, state effective
on July 10, 2014; and Rule 62–296.712,
Miscellaneous Manufacturing Process
Operations, state effective on July 10,
See also, footnote 1 regarding subsection (3) of Rule
62–296.320.
3 Subsections (1), (2), and (3) of Rule 62–296.320
remain in the SIP with a state effective date of
March 13, 1996.
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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
State implementation plan, 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.4
III. Final Action
EPA is approving the changes to Rule
62–296.320(4), General Pollutant
Emission Limiting Standards; Rule 62–
296.406, Fossil Fuel Steam Generators
with Less Than 250 Million Btu Per
Hour Heat Input; 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, into the Florida SIP.
EPA is approving these changes because
they are consistent with 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
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. 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,
4 62
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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
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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
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 22, 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) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 16, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
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 ‘‘62–296.320,’’
‘‘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’’ to
read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(c) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
EPA-APPROVED FLORIDA LAWS AND REGULATIONS
State citation
(section)
*
State
effective
date
Title/subject
*
*
*
Chapter 62–296
Explanation
*
*
*
Stationary Sources—Emission Standards
*
62–296.320 .........
*
*
General Pollutant Emission Limiting Standards.
*
7/10/2014
*
1/22/2024, [Insert citation
of publication].
*
62–296.406 .........
*
*
Fossil Fuel Steam Generators with Less
Than 250 million Btu per Hour Heat Input.
*
11/5/2020
*
1/22/2024, [Insert citation
of publication].
*
*
*
62–296.602 .........
*
*
Primary Lead-Acid Battery Manufacturing
Operations.
Secondary Lead Smelting Operations .........
*
7/10/2014
*
*
62–296.604 .........
Electric Arc Furnace Equipped Secondary
Steel Manufacturing Operations.
7/10/2014
*
1/22/2024, [Insert citation
of publication].
1/22/2024, [Insert citation
of publication].
1/22/2024, [Insert citation
of publication].
*
62–296.700 .........
*
8/14/2019
*
62–296.704 .........
Asphalt Concrete Plants ...............................
7/10/2014
62–296.705 .........
Phosphate Processing Operations ...............
7/10/2014
62–296.707 .........
Electric Arc Furnaces ...................................
7/10/2014
62–296.708 .........
Sweat or Pot Furnaces .................................
7/10/2014
*
1/22/2024, [Insert
of publication].
1/22/2024, [Insert
of publication].
1/22/2024, [Insert
of publication].
1/22/2024, [Insert
of publication].
1/22/2024, [Insert
of publication].
1/22/2024, [Insert
of publication].
*
62–296.702 .........
*
*
Reasonably Available Control Technology
(RACT) Particulate Matter.
Fossil Fuel Steam Generators .....................
62–296.603 .........
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*
*
Except 62–296.320(1), (2), and (3),
approved on 6/16/1999, state effective 3/13/1996.
citation
citation
citation
citation
citation
citation
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EPA-APPROVED FLORIDA LAWS AND REGULATIONS—Continued
Title/subject
62–296.711 .........
Materials Handling, Sizing, Screening,
Crushing and Grinding Operations.
Miscellaneous Manufacturing Process Operations.
62–296.712 .........
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2021–0615; EPA–R05–
OAR–2021–0616; EPA–R05–OAR–2021–
0617; FRL–11003–02–R5]
Air Plan Approval; Ohio; Canton,
Cleveland, and Steubenville Second
10-Year 2006 24-Hour PM2.5 Limited
Maintenance Plans
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving the limited
maintenance plans (LMPs) submitted by
the Ohio Environmental Protection
Agency (OEPA) for the CantonMassillon (Stark County), ClevelandAkron-Lorain (Cuyahoga, Lake, Lorain,
Medina, Portage, and Summit Counties)
and Steubenville-Weirton Ohio-West
Virginia (Jefferson County) maintenance
areas. The plans address the second 10year maintenance periods for particulate
matter with an aerodynamic diameter
less than or equal to a nominal 2.5
micrometers (PM2.5). EPA is approving
Ohio’s LMP submissions for CantonMassillon, Cleveland-Akron-Lorain, and
Steubenville-Weirton because they
provide for the maintenance of the 2006
PM2.5 national ambient air quality
standards (NAAQS) through the end of
the second 10-year portion of the
maintenance periods. EPA finds
adequate and is approving the LMPs as
meeting the appropriate transportation
conformity requirements. EPA proposed
to approve this action on July 5, 2023,
and received no adverse comments.
DATES: This final rule is effective on
February 21, 2024.
ADDRESSES: EPA has established dockets
for this action under Docket ID No.
EPA–R05–OAR–2021–0615 (CantonSUMMARY:
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7/10/2014
*
[FR Doc. 2024–01030 Filed 1–19–24; 8:45 am]
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State
effective
date
State citation
(section)
Jkt 262001
EPA approval date
1/22/2024, [Insert citation
of publication].
1/22/2024, [Insert citation
of publication].
*
*
Massillon), EPA–R05–OAR–2021–0616
(Cleveland-Akron-Lorain), or EPA–R05–
OAR–2021–0617 (SteubenvilleWeirton). All documents in the dockets
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information (CBI) 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Cecilia
Magos, at (312) 886–7336 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Cecilia Magos, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7336, magos.cecilia@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On November 13, 2009, EPA
designated the Canton-Massillon
(Canton), Cleveland-Akron-Lorain
(Cleveland), and Steubenville-Weirton
(Steubenville) areas as PM2.5
nonattainment areas due to measured
violations of the 2006 PM2.5 NAAQS (74
FR 58688). On June 18, May 30, and
May 25, 2012, OEPA submitted requests
to redesignate the Canton, Cleveland,
and Steubenville nonattainment areas to
attainment of the 2006 PM2.5 NAAQS.
These submissions included plans to
provide for maintenance of the 2006
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Explanation
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*
*
2PM2.5 NAAQS in the areas for 10 years.
EPA redesignated the Canton,
Cleveland, and Steubenville areas to
attainment for the 2006 PM2.5 NAAQS
on October 22, 2013 (78 FR 62459), and
September 18, 2013 (78 FR 57270 and
78 FR 57273), respectively, and
approved the associated maintenance
plans into the Ohio State
Implementation Plan (SIP). The purpose
of OEPA’S September 8, 2021, LMP
submissions is to fulfill the second 10year planning requirement of CAA
section 175A(b) to ensure PM2.5 NAAQS
compliance for these areas.
On July 5, 2023 (88 FR 42900), EPA
proposed to approve the second 10-year
PM2.5 LMPs, for the Canton, Cleveland,
and Steubenville maintenance areas
addressing the 2006 PM2.5 maintenance
areas. EPA’s approval of these LMPs
will satisfy the CAA section 175A
requirements for the second 10-year
period for the Canton, Cleveland, and
Steubenville 2006 PM2.5 maintenance
areas through 2033. Further explanation
of the CAA requirements, a detailed
analysis of the revisions, and EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking (88 FR 42900) and will not
be restated here. The public comment
period for this proposed rule ended on
August 4, 2023. EPA received no
comments on the proposal and is
finalizing our action as proposed.
II. Final Action
EPA is approving the second 10-year
PM2.5 LMPs for Canton, Cleveland, and
Steubenville 2006 PM2.5 maintenance
areas submitted by OEPA. EPA’s review
of the air quality data for the
maintenance areas indicates that they
continue to show attainment well below
the level of the 2006 PM2.5 NAAQS and
meet all the LMP qualifying criteria set
forth in the PM2.5 LMP Guidance. The
Canton, Cleveland, and Steubenville
maintenance areas will no longer be
required to perform regional emissions
analyses as part of the conformity
process, but must meet project-level
conformity analyses requirements as
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]]>Agencies
[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3886-3889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0660; FRL-11572-02-R4]
Air Plan Approval; Florida; Miscellaneous SIP Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Florida State Implementation Plan (SIP), submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022.
The final rule 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. EPA is approving the changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective February 21, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0660. All documents in the docket
are listed on the 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 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached 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\
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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 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 subsection (3) of Rule 62-296.320.
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[[Page 3887]]
Through a notice of proposed rulemaking (NPRM) published on
November 28, 2023 (88 FR 83062), EPA proposed to approve the April 1,
2022, SIP submittal, which corrects definitions, updates and removes
outdated references, clarifies applicability in these rules, and
removes methods to determine visible emissions in Rules 62-296.320 and
62-296.406. The details of the submission, as well as EPA's rationale
for changing these rules, are described in more detail in EPA's
November 28, 2023, NPRM. Comments on the November 28, 2023, NPRM were
due on or before December 28, 2023. EPA received one comment on the
November 28, 2023, NPRM, and it supports EPA's action. No adverse
comments were received.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Rule 62-296.320(4), General Pollutant
Emission Limiting Standards, state effective on July 10, 2014; \3\ Rule
62-296.406, Fossil Fuel Steam Generators with Less Than 250 Million Btu
Per Hour Heat Input, state effective on November 5, 2020; Rule 62-
296.602, Primary Lead-Acid Battery Manufacturing Operations, state
effective on July 10, 2014; Rule 62-296.603, Secondary Lead Smelting
Operations, state effective on July 10, 2014; Rule 62-296.604, Electric
Arc Furnace Equipped Secondary Steel Manufacturing Operations, state
effective on July 10, 2014; Rule 62-296.700, Reasonably Available
Control Technology (RACT) Particulate Matter, state effective on August
14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, state
effective on July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants,
state effective on July 10, 2014; Rule 62-296.705, Phosphate Processing
Operations, state effective on July 10, 2014; Rule 62-296.707, Electric
Arc Furnaces, state effective on July 10, 2014; Rule 62-296.708, Sweat
or Pot Furnaces, state effective on July 10, 2014; Rule 62-296.711,
Materials Handling, Sizing, Screening, Crushing and Grinding
Operations, state effective on July 10, 2014; and Rule 62-296.712,
Miscellaneous Manufacturing Process Operations, 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 State implementation plan, 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.\4\
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\3\ Subsections (1), (2), and (3) of Rule 62-296.320 remain in
the SIP with a state effective date of March 13, 1996.
\4\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the changes to Rule 62-296.320(4), General
Pollutant Emission Limiting Standards; Rule 62-296.406, Fossil Fuel
Steam Generators with Less Than 250 Million Btu Per Hour Heat Input;
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, into the
Florida SIP. EPA is approving these changes because they are consistent
with 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 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. 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
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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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 22, 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) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 16, 2024.
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
``62-296.320,'' ``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'' to read as follows:
Sec. 52.520 Identification of plan.
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(c) * * *
EPA-Approved Florida Laws and Regulations
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State
State citation (section) Title/subject effective EPA approval date Explanation
date
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Chapter 62-296 Stationary Sources--Emission Standards
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62-296.320.................. General Pollutant 7/10/2014 1/22/2024, [Insert Except 62-296.320(1),
Emission Limiting citation of (2), and (3),
Standards. publication]. approved on 6/16/
1999, state effective
3/13/1996.
* * * * * * *
62-296.406.................. Fossil Fuel Steam 11/5/2020 1/22/2024, [Insert ......................
Generators with Less citation of
Than 250 million Btu publication].
per Hour Heat Input.
* * * * * * *
62-296.602.................. Primary Lead-Acid 7/10/2014 1/22/2024, [Insert ......................
Battery Manufacturing citation of
Operations. publication].
62-296.603.................. Secondary Lead 7/10/2014 1/22/2024, [Insert ......................
Smelting Operations. citation of
publication].
62-296.604.................. Electric Arc Furnace 7/10/2014 1/22/2024, [Insert ......................
Equipped Secondary citation of
Steel Manufacturing publication].
Operations.
* * * * * * *
62-296.700.................. Reasonably Available 8/14/2019 1/22/2024, [Insert ......................
Control Technology citation of
(RACT) Particulate publication].
Matter.
62-296.702.................. Fossil Fuel Steam 7/10/2014 1/22/2024, [Insert ......................
Generators. citation of
publication].
62-296.704.................. Asphalt Concrete 7/10/2014 1/22/2024, [Insert ......................
Plants. citation of
publication].
62-296.705.................. Phosphate Processing 7/10/2014 1/22/2024, [Insert ......................
Operations. citation of
publication].
62-296.707.................. Electric Arc Furnaces. 7/10/2014 1/22/2024, [Insert ......................
citation of
publication].
62-296.708.................. Sweat or Pot Furnaces. 7/10/2014 1/22/2024, [Insert ......................
citation of
publication].
[[Page 3889]]
62-296.711.................. Materials Handling, 7/10/2014 1/22/2024, [Insert ......................
Sizing, Screening, citation of
Crushing and Grinding publication].
Operations.
62-296.712.................. Miscellaneous 7/10/2014 1/22/2024, [Insert ......................
Manufacturing Process citation of
Operations. publication].
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[FR Doc. 2024-01030 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P
