Air Plan Approval; Revisions to the Florida State Implementation Plan Conformity Rule, 21437-21440 [2024-06394]
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Rules and Regulations
Therefore, NARA is removing the
provisions of § 1237.28(d) relating to
scanned digital images of photographic
prints. Section 1237.28(d) now refers to
part 1236 subpart E for digitizing
photographic prints. Because NARA
does not yet have standards for
digitizing negatives and slides, we have
retained § 1237.28(d) and limited its
scope to apply only to records in these
formats.
Once our revision of § 1237.28(d) is
complete, agencies and contractors must
follow the provisions outlined in part
1236 subpart E and the instructions in
other relevant sections of part 1236 for
digitizing photographic prints. These
provisions cover various aspects such as
scheduling and transfer, selection of
image management software and
hardware, digital image storage
strategies, quality control for scanned
digital images, inspection and
preservation of born-digital images,
record set designation, organization of
digital images, documentation
requirements, and creation of finding
aids. Agencies and contractors are
encouraged to consult the appropriate
NARA guidance and resources for
detailed instructions and help in
implementing these management
practices.
Regulatory Analysis
Executive Order 12866, Regulatory
Planning and Review, and Executive
Order 13563, Improving Regulation and
Regulation Review
The Office of Management and Budget
(OMB) has reviewed this rulemaking
and determined it is not ‘‘significant’’
under section 3(f) of Executive Order
12866. It is not significant because it
applies only to Federal agencies,
updates the regulations due to a
statutory requirement, only clarifies
requirements that agencies already have
to follow, and does not establish a new
program. The requirements are
necessary to comply with statute and to
ensure agencies are appropriately
preserving records.
ddrumheller on DSK120RN23PROD with RULES1
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.)
This review requires an agency to
prepare an initial regulatory flexibility
analysis and publish it when the agency
publishes the proposed rule. This
requirement does not apply if the
agency certifies that the rulemaking will
not, if promulgated, have a significant
economic impact on a substantial
number of small entities (5 U.S.C. 603).
We certify, after review and analysis,
that this rulemaking will not have a
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significant adverse economic impact on
small entities.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501, et seq.) requires
that agencies consider the impact of
paperwork and other information
collection burdens imposed on the
public and, under the provisions of PRA
section 3507(d), obtain approval from
OMB for each collection of information
we conduct, sponsor, or require through
regulations. This rulemaking does not
impose additional information
collection requirements on the public
that are subject to the Paperwork
Reduction Act.
Executive Order 13132, Federalism
Executive Order 13132 requires
agencies to ensure State and local
officials have the opportunity for
meaningful and timely input when
developing regulatory policies that may
have a substantial, direct effect on the
states, on the relationship between the
Federal Government and the states, or
on the distribution of power and
responsibilities among the various
levels of government. If the effects of the
rule on State and local governments are
substantial, the agency must prepare a
Federal assessment to assist senior
policymakers. This rulemaking will not
have any effects on State and local
governments within the meaning of the
E.O. Therefore, no federalism
assessment is required.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4; 2 U.S.C. 1532)
The Unfunded Mandates Reform Act
requires that agencies determine
whether any Federal mandate in the
rulemaking may result in State, local,
and Tribal governments, in the
aggregate, or the private sector,
expending $100 million in any one year.
NARA certifies that this rulemaking
does not contain a Federal mandate that
may result in such an expenditure.
Materials Incorporated by Reference
The following standards appear in the
amendatory text of this document and
were previously approved for the
locations in which they appear: ANSI/
AIIM TR34; ISO 2859–1.
List of Subjects in 36 CFR 1237
Archives and records, Digital
photographs, Digital records,
Incorporation by reference, Records
management.
For the reasons discussed in the
preamble, NARA amends 36 CFR part
1237 as follows:
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21437
PART 1237—AUDIOVISUAL,
CARTOGRAPHIC, AND RELATED
RECORDS MANAGEMENT
1. The authority citation for part 1237
continues to read as follows:
■
Authority: 44 U.S.C. 2904 and 3101.
§ 1237.3
[Amended]
2. Amend § 1237.3 by removing and
reserving paragraph (e)(1).
■ 3. Amend § 1237.28 by revising
paragraph (d) to read as follows:
■
§ 1237.28 What special concerns apply to
digital photographs?
*
*
*
*
*
(d)(1) When digitizing permanent or
unscheduled slides and negatives,
agencies must document the quality
control inspection process used during
the digitization process.
(i) Conduct a visual inspection of a
sample of the scanned images to
identify any defects. Additionally,
evaluate the accuracy of finding aids,
and verify the integrity of file header
information and file names.
(ii) The sample size must be large
enough to yield statistically valid
results. To determine the appropriate
sample size, use one of the quality
sampling methods outlined in ANSI/
AIIM TR34 (incorporated by reference,
see § 1237.3). Agencies may consult ISO
2859–1:1996 for further guidance
(contact NARA’s textual research room
or NARA’s Regulation Comments Desk,
see § 1237.3(a), for availability).
(2) When digitizing permanent or
unscheduled photographic prints, refer
to the requirements specified in part
1236 subpart E of this subchapter.
*
*
*
*
*
Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024–06406 Filed 3–27–24; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0096; FRL–11663–
02–R4]
Air Plan Approval; Revisions to the
Florida State Implementation Plan
Conformity Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
SUMMARY:
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submitted by the Florida Department of
Environmental Protection (FDEP)
through a letter dated August 12, 2022.
The revision updates the general
conformity portion of the conformity
rule in Florida’s SIP. EPA is approving
these changes because they are
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule is effective April 29,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0096. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Ortiz can be reached via phone
number (404) 562–8085 or via electronic
mail at ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
General conformity is a requirement
of CAA section 176(c). General
conformity prohibits Federal actions
within nonattainment and maintenance
areas unless the emissions from the
actions conform to the applicable SIP,
Tribal Implementation Plan (TIP), or
Federal Implementation Plan (FIP) for
the area.1 Conformity to an
1 ‘‘Federal action’’ is defined at 40 CFR 93.152 as
‘‘any activity engaged in by a department, agency,
or instrumentality of the Federal government, or
any activity that a department, agency or
instrumentality of the Federal government supports
in any way, provides financial assistance for,
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implementation plan means conformity
to an implementation plan’s purpose of
eliminating or reducing the severity and
number of violations of the national
ambient air quality standards (NAAQS
or standards) and achieving expeditious
attainment of such standards. See
section 176(c)(1). Under general
conformity, Federal actions cannot: (1)
Cause or contribute to any new violation
of any standard in any area; (2) increase
the frequency or severity of any existing
violation of any air quality standard in
any area; or (3) delay timely attainment
of any standard, any required interim
emission reductions, or any other
milestones, in any area. Id.
EPA promulgated two sets of
conformity regulations in November
1993 to implement section 176(c) of the
CAA. First, EPA promulgated
transportation conformity regulations,
which apply to highways and mass
transit, on November 24, 1993. See 58
FR 62188. These regulations establish
the criteria and procedures for
determining whether transportation
plans, programs, and projects funded
under 23 U.S.C. or the Federal Transit
Act (40 U.S.C. chapter 53) conform with
implementation plans. EPA
subsequently revised the transportation
conformity regulations several times.
See 69 FR 40004 (July 1, 2004); 70 FR
24280 (May 6, 2005); 71 FR 12468
(March 10, 2006); and 73 FR 4420
(January 24, 2008). Second, on
November 30, 1993, EPA promulgated
the general conformity regulations at 40
CFR part 51, subpart W and 40 CFR part
93, subpart B, which applied to all other
Federal actions to ensure they
conformed with implementation plans.
See 58 FR 63214. EPA has revised its
general conformity regulations twice.
See 71 FR 40420 (July 17, 2006) and 75
FR 17254 (April 5, 2010). As part of the
2010 revisions, EPA revised its general
conformity regulations to remove rules
from 40 CFR part 51, subpart W that
were duplicative of those in 40 CFR part
93, subpart B. See 75 FR 17254 (April
5, 2010).2
Florida Rule 62–204.500, Florida
Administrative Code (F.A.C.),
Conformity, addresses general
conformity in paragraph (1). EPA
incorporated Rule 62–204.500 into the
licenses, permits, or approves, other than activities
related to transportation plans, programs, and
projects developed, funded, or approved under title
23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601
et seq.). Where the Federal action is a permit,
license, or other approval for some aspect of a nonFederal undertaking, the relevant activity is the
part, portion, or phase of the non-Federal
undertaking that requires the Federal permit,
license, or approval.’’
2 For more information on general conformity, see
https://www.epa.gov/general-conformity.
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Florida SIP in a direct final rule on
August 11, 2003. See 68 FR 47468.
Since then, Florida has amended Rule
62–204.500, and those changes are the
subject of this rulemaking.3
Through a notice of proposed
rulemaking (NPRM), published on
February 1, 2024 (89 FR 6475), EPA
proposed to approve Florida’s August
12, 2022, SIP revision to Rule 62–
204.500. The details of the submission,
as well as EPA’s rationale for changing
this rule, are described in more detail in
EPA’s February 1, 2024, NPRM.
Comments on the February 1, 2024,
NPRM were due on or before March 4,
2024. EPA did not receive any
comments on the February 1, 2024,
NPRM.
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–
204.500, F.A.C., Conformity, state
effective on October 23, 2016, except for
paragraphs 62–204.500(1)(a), 62–
204.500(1)(b), 62–204.500(1)(c), and 62–
204.500(1)(d).4 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.5
III. Final Action
EPA is finalizing approval, with the
exceptions noted, the changes to Rule
3 The August 12, 2022, submittal transmits
several changes to other Florida SIP-approved rules.
These changes are not addressed in this rulemaking
and will be considered by EPA in separate
rulemakings. In addition, EPA is not acting on
paragraphs 62–204.500(1)(a)–(1)(d), F.A.C., because
they were withdrawn from EPA consideration in a
letter dated January 5, 2024, which is in the docket
for this rulemaking.
4 EPA is also correcting the explanation
associated with the entry for Rule 62–204.500 at 40
CFR 52.520(c) by removing the language ‘‘Except for
the incorporation by reference of 40 CFR 93.104(e)
of the Transportation Conformity Rule’’ because it
is erroneous as no reference to 40 CFR 93.104(e)
exists in Rule 62–204.500.
5 62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Rules and Regulations
62–204.500, Conformity, into the
Florida SIP. EPA is approving these
changes because they are consistent
with the CAA.
IV. Statutory and Executive Order
Reviews
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
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In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
FDEP did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
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21439
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 28, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 21, 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
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 entry for ‘‘62–204.500’’ to
read as follows:
■
§ 52.520
*
Identification of plan.
*
*
(c) * * *
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EPA-APPROVED FLORIDA LAWS AND REGULATIONS
State citation
(section)
State effective
date
Title/subject
Chapter 62–204
*
*
*
*
*
*
*
10/23/2016
*
*
3/28/2024, [Insert citation of
publication].
*
*
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[FR Doc. 2024–06394 Filed 3–27–24; 8:45 am]
VerDate Sep<11>2014
Explanation
Air Pollution Control—General Provisions
*
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62–204.500 ............................. Conformity ..............................
*
EPA approval date
28MRR1
*
Except for paragraphs 62–
204.500(1)(a), (1)(b), (1)(c),
and (1)(d).
*
]]>Agencies
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Rules and Regulations]
[Pages 21437-21440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06394]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0096; FRL-11663-02-R4]
Air Plan Approval; Revisions to the Florida State Implementation
Plan Conformity Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[[Page 21438]]
submitted by the Florida Department of Environmental Protection (FDEP)
through a letter dated August 12, 2022. The revision updates the
general conformity portion of the conformity rule in Florida's SIP. EPA
is approving these changes because they are consistent with the Clean
Air Act (CAA or Act).
DATES: This rule is effective April 29, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0096. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The
Regional Office's official hours of business are Monday through Friday
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
General conformity is a requirement of CAA section 176(c). General
conformity prohibits Federal actions within nonattainment and
maintenance areas unless the emissions from the actions conform to the
applicable SIP, Tribal Implementation Plan (TIP), or Federal
Implementation Plan (FIP) for the area.\1\ Conformity to an
implementation plan means conformity to an implementation plan's
purpose of eliminating or reducing the severity and number of
violations of the national ambient air quality standards (NAAQS or
standards) and achieving expeditious attainment of such standards. See
section 176(c)(1). Under general conformity, Federal actions cannot:
(1) Cause or contribute to any new violation of any standard in any
area; (2) increase the frequency or severity of any existing violation
of any air quality standard in any area; or (3) delay timely attainment
of any standard, any required interim emission reductions, or any other
milestones, in any area. Id.
---------------------------------------------------------------------------
\1\ ``Federal action'' is defined at 40 CFR 93.152 as ``any
activity engaged in by a department, agency, or instrumentality of
the Federal government, or any activity that a department, agency or
instrumentality of the Federal government supports in any way,
provides financial assistance for, licenses, permits, or approves,
other than activities related to transportation plans, programs, and
projects developed, funded, or approved under title 23 U.S.C. or the
Federal Transit Act (49 U.S.C. 1601 et seq.). Where the Federal
action is a permit, license, or other approval for some aspect of a
non-Federal undertaking, the relevant activity is the part, portion,
or phase of the non-Federal undertaking that requires the Federal
permit, license, or approval.''
---------------------------------------------------------------------------
EPA promulgated two sets of conformity regulations in November 1993
to implement section 176(c) of the CAA. First, EPA promulgated
transportation conformity regulations, which apply to highways and mass
transit, on November 24, 1993. See 58 FR 62188. These regulations
establish the criteria and procedures for determining whether
transportation plans, programs, and projects funded under 23 U.S.C. or
the Federal Transit Act (40 U.S.C. chapter 53) conform with
implementation plans. EPA subsequently revised the transportation
conformity regulations several times. See 69 FR 40004 (July 1, 2004);
70 FR 24280 (May 6, 2005); 71 FR 12468 (March 10, 2006); and 73 FR 4420
(January 24, 2008). Second, on November 30, 1993, EPA promulgated the
general conformity regulations at 40 CFR part 51, subpart W and 40 CFR
part 93, subpart B, which applied to all other Federal actions to
ensure they conformed with implementation plans. See 58 FR 63214. EPA
has revised its general conformity regulations twice. See 71 FR 40420
(July 17, 2006) and 75 FR 17254 (April 5, 2010). As part of the 2010
revisions, EPA revised its general conformity regulations to remove
rules from 40 CFR part 51, subpart W that were duplicative of those in
40 CFR part 93, subpart B. See 75 FR 17254 (April 5, 2010).\2\
---------------------------------------------------------------------------
\2\ For more information on general conformity, see https://www.epa.gov/general-conformity.
---------------------------------------------------------------------------
Florida Rule 62-204.500, Florida Administrative Code (F.A.C.),
Conformity, addresses general conformity in paragraph (1). EPA
incorporated Rule 62-204.500 into the Florida SIP in a direct final
rule on August 11, 2003. See 68 FR 47468. Since then, Florida has
amended Rule 62-204.500, and those changes are the subject of this
rulemaking.\3\
---------------------------------------------------------------------------
\3\ The August 12, 2022, submittal transmits several changes to
other Florida SIP-approved rules. These changes are not addressed in
this rulemaking and will be considered by EPA in separate
rulemakings. In addition, EPA is not acting on paragraphs 62-
204.500(1)(a)-(1)(d), F.A.C., because they were withdrawn from EPA
consideration in a letter dated January 5, 2024, which is in the
docket for this rulemaking.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM), published on
February 1, 2024 (89 FR 6475), EPA proposed to approve Florida's August
12, 2022, SIP revision to Rule 62-204.500. The details of the
submission, as well as EPA's rationale for changing this rule, are
described in more detail in EPA's February 1, 2024, NPRM. Comments on
the February 1, 2024, NPRM were due on or before March 4, 2024. EPA did
not receive any comments on the February 1, 2024, NPRM.
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 62-204.500, F.A.C., Conformity,
state effective on October 23, 2016, except for paragraphs 62-
204.500(1)(a), 62-204.500(1)(b), 62-204.500(1)(c), and 62-
204.500(1)(d).\4\ 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.\5\
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\4\ EPA is also correcting the explanation associated with the
entry for Rule 62-204.500 at 40 CFR 52.520(c) by removing the
language ``Except for the incorporation by reference of 40 CFR
93.104(e) of the Transportation Conformity Rule'' because it is
erroneous as no reference to 40 CFR 93.104(e) exists in Rule 62-
204.500.
\5\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing approval, with the exceptions noted, the changes
to Rule
[[Page 21439]]
62-204.500, Conformity, 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 CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
FDEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 28, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: March 21, 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 entry for ``62-
204.500'' to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
[[Page 21440]]
EPA-Approved Florida Laws and Regulations
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State effective
State citation (section) Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 62-204 Air Pollution Control--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
62-204.500...................... Conformity......... 10/23/2016 3/28/2024, [Insert Except for
citation of paragraphs 62-
publication]. 204.500(1)(a),
(1)(b), (1)(c),
and (1)(d).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-06394 Filed 3-27-24; 8:45 am]
BILLING CODE 6560-50-P
