Air Plan Approval; FL; General Provisions Repeals and Amendments, 42410-42413 [2024-09734]
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42410
Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Proposed Rules
decision-making by the Department
when making required disciplinary or
personnel determinations. Additionally,
the information collected may be
properly classified pursuant to
executive order. Accordingly,
application of exemptions (k)(1) or (k)(7)
may be necessary.
(D) Subsection (e)(4)(G) and (H).
These subsections are inapplicable to
the extent exemption is claimed from
subsections (d)(1) and (2).
(E) Subsection (e)(4)(I). To the extent
that this provision is construed to
require more detailed disclosure than
the broad information currently
published in the system notice
concerning categories of sources of
records in the system, an exemption
from this provision is necessary to
protect the confidentiality of sources of
information, the privacy and physical
safety of witnesses and informants, and
testing or examination material used
solely to determine individual
qualifications for appointment of
promotion in the Federal service.
Additionally, records in this system
may be properly classified pursuant to
executive order. Accordingly,
application of exemptions (k)(1) and
(k)(7) may be necessary.
(F) Subsection (f). To the extent that
portions of the system are exempt from
the provisions of the Privacy Act
concerning individual access and
amendment of records, DoD is not
required to establish rules concerning
procedures and requirements relating to
such provisions. Accordingly,
application of exemptions (k)(1) and
(k)(7) may be necessary.
Dated: May 2, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–09968 Filed 5–14–24; 8:45 am]
BILLING CODE 6001–FR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0211; FRL–11927–
01–R4]
lotter on DSK11XQN23PROD with PROPOSALS1
Air Plan Approval; FL; General
Provisions Repeals and Amendments
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
SUMMARY:
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Department of Environmental Protection
(FDEP) on August 12, 2022, for the
purpose of removing several obsolete,
duplicative, or unnecessary rules from
the general provisions portion of the
Florida SIP. EPA is proposing to
approve this revision pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments are due on or before
June 14, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0211, 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.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, 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. LaRocca can be reached via phone
number (404) 562–8994 or via electronic
mail at larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve changes
to the Florida SIP submitted by the State
on August 12, 2022, to remove several
obsolete, duplicative, or unnecessary
rules from the Florida SIP. Specifically,
the changes address Rules 62–204.100,
Florida Administrative Code (F.A.C.),
Purpose and Scope; 62–204.200, F.A.C.,
Definitions; 62–204.220, F.A.C.,
Ambient Air Quality Protection; 62–
204.240, F.A.C., Ambient Air Quality
Standards; 62–204.260, F.A.C.,
Prevention of Significant Deterioration
Maximum Allowable Increases (PSD
Increments); and 62–204.400, F.A.C.,
Public Notice and Hearing
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Requirements for State Implementation
Plan Revisions.1 To support the removal
of these rules from the SIP, Florida’s
August 12, 2022, submittal provides
justifications to demonstrate, pursuant
to CAA section 110(l), that the removal
would not interfere with any applicable
requirement concerning attainment of
the National Ambient Air Quality
Standards (NAAQS) and reasonable
further progress (RFP) or any other
applicable requirement of the CAA.
EPA’s analysis of Florida’s August 12,
2022, submission, and the Agency’s
rationale for proposing to approve
removal of these rules from the Florida
SIP are provided in section II, below.
II. EPA’s Analysis
A. Rule 62–204.100, Purpose and Scope
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.100, Purpose and
Scope, from the Florida SIP. The State
repealed this rule on February 16, 2012.
Rule 62–204.100 was first approved by
EPA into the Florida SIP on June 16,
1999, with a state-effective date of
March 13, 1996. See 64 FR 32346.
However, the State has since
determined that this rule is unnecessary
because it does not contain any
requirements and merely explains the
purpose of Chapter 62–204. EPA agrees
with the State’s rationale and is
therefore proposing to remove Rule 62–
204.100 from the Florida SIP because
removal would not interfere with any
applicable requirement concerning
attainment of any NAAQS and RFP or
any other applicable CAA requirement.
B. Rule 62–204.200, Definitions
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.200, Definitions,
from the Florida SIP. The State repealed
this rule on February 16, 2012. Rule 62–
204.200 was first approved by EPA into
the Florida SIP on June 16, 1999, with
a state-effective date of March 13, 1996.
See 64 FR 32346. The SIP-approved rule
was last updated in 2008. See 73 FR
36435 (June 27, 2008). However, the
State has determined that the lists of
definitions are either unnecessary or are
redundant in the Florida SIP due, in
part, to subsequent changes in the SIP.
Most of the definitions in this rule are
also listed in SIP-approved Rule 62–
210.200. The only definitions not
duplicated in Rule 62–210.200 are Rule
1 FDEP’s August 12, 2022, SIP Revision also
included changes to Rules 62–204.320, 62–204.340,
62–204.360, and 62–204.500. Florida subsequently
withdrew the changes to Rules 62–204.320, 62–
204.340, and 62–204.360 from EPA’s consideration.
EPA intends to address the changes to Rule 62–
204.500 in separate rulemakings.
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62–204.200(21), Marginal
Nonattainment Area for Ozone; Rule
62–204.200(23), Moderate
Nonattainment Area; Rule 62–
204.200(25), Nonattainment Area; and
Rule 62–204.200(28), Redesignation of
an Area. These definitions are not
required to be part of the Florida SIP
because they define terms related to
designating and redesignating areas for
compliance with the NAAQS, the
authority for which rests with EPA.
EPA agrees with Florida that Rules
62–204.200 (21), (23), (25) and (28), are
not necessary in the Florida SIP and
agrees that the rest of Rule 62–204.200
is redundant to Rule 62–210.200 in the
Florida SIP. Therefore, EPA is proposing
to remove the rule from the SIP because
removal would not interfere with any
applicable requirement concerning
attainment of any NAAQS and RFP or
any other applicable CAA requirement.
lotter on DSK11XQN23PROD with PROPOSALS1
C. Rule 62–204.220, F.A.C., Ambient Air
Quality Protection
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.220, Ambient Air
Quality Protection, from the Florida SIP.
The State repealed this rule on February
16, 2012. Rule 62–204.220 was first
approved by EPA into the Florida SIP
on June 16, 1999, with a state-effective
date of March 13, 1996. See 64 FR
32346. Rule 62–204.220(1) prohibits the
Department from issuing an air permit
which would cause or contribute to a
violation of an ambient air quality
standard, except as provided in Rule
62–212.500, which pertains to
preconstruction permitting in
nonattainment areas.2 Rule 62–
204.220(2) prohibits the Department
from issuing air quality permits that
would authorize the construction or
modification of any emissions unit or
facility that would cause or contribute
to an ambient concentration at any point
within a baseline area that exceeds
either the appropriate baseline
concentration for the point plus the
appropriate maximum allowable
increase or the appropriate ambient air
quality standard, whichever is less,
except as provided in Rule 62–212.400,
which pertains to PSD permitting.
‘‘Baseline Area’’ is defined in SIPapproved Rule 62–210.200 as ‘‘all of the
state’’ for sulfur dioxide, nitrogen
dioxide, and particulate matter (i.e.,
PM10 and PM2.5). ‘‘Baseline
concentration’’ is also defined in Rule
62–210.200 and is the ambient
concentration level that exists in the
2 Florida currently does not have any
nonattainment areas. See 40 CFR 81.310.
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baseline area at the time of the
applicable minor source baseline date.
The language in Rule 62–204.220(1)
and (2) is unnecessary because SIPapproved Rule 62–212.300(1)(b) and
(1)(c) also prohibit a source from
constructing or modifying any
emissions unit or facility if it would
either (1) cause or contribute to a
violation of any ambient air quality
standard, except as provided in Rule
62–212.500 or (2) cause or contribute to
an ambient concentration at any point
within a baseline area that exceeds
either the appropriate baseline
concentration for the point plus the
appropriate maximum allowable
increase or the appropriate ambient air
quality standard, whichever is less.
The State is also seeking to remove
Rule 62–204.220(3), which requires that
ambient air quality monitors used to
establish violations of an ambient air
quality standard meet the requirements
of 40 CFR part 58 (part 58). The relevant
sections of part 58 apply directly to any
State or local air pollution control
agency which has a delegated authority
to operate a portion of the State’s State
or Local Air Monitoring Station
(SLAMS) 3 network. Among other
requirements, part 58 prescribes
detailed collection methodologies,
quality assurance procedures, and data
handling and reporting requirements for
ambient air monitoring network
operations. Because Rule 62–204.220(3)
only applies to Florida’s SLAMS
monitors, the rule is unnecessary in
Florida’s SIP as those monitors are
directly regulated by part 58.
Finally, the State is seeking to remove
Rule 62–204.220(4), which states that
any rule which requires modeling
would need to be consistent with 40
CFR part 51, appendix W. SIP-approved
Rule 62–212.400, Prevention of
Significant Deterioration (PSD),
paragraph (6) references appendix W,
and Rule 62–212.400(6) is the only rule
in the Florida SIP that addresses
modeling. That rule requires air quality
modeling under Rule 62–212.400 to
meet Federal requirements in 40 CFR
52.21(l), which references appendix W
of 40 CFR part 51. Therefore, the State
has determined that the language in
Rule 62–204.220(4) is not necessary in
the Florida SIP.
3 SLAMS include the ambient air quality
monitoring sites and monitors that are required by
40 CFR part 58, appendix D, and are needed to meet
the regulatory air monitoring objectives, including
NAAQS comparisons, but may serve other data
purposes. The SLAMS network is defined by the
State or local air pollution control agency in the
annual ambient air monitoring network plan
required by 40 CFR 58.10(a)(1).
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For the foregoing reasons, EPA agrees
with the State that the entirety of Rule
62–204.220 is not necessary. EPA is
therefore proposing to remove Rule 62–
204.220 from the Florida SIP because
removal would not interfere with any
applicable requirement concerning
attainment of any NAAQS and RFP or
any other applicable CAA requirement.
D. Rule 62–204.240, Ambient Air
Quality Standards
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.240, Ambient Air
Quality Standards, from the Florida SIP.
The State repealed this rule on February
16, 2012. Rule 62–204.240 was first
approved by EPA into the Florida SIP
on June 16, 1999, with a state-effective
date of March 13, 1996. See 64 FR
32346. The rule identifies ambient air
quality standards for the six criteria
pollutants addressed by the NAAQS:
sulfur dioxide, particulate matter,
carbon monoxide, ozone, nitrogen
dioxide, and lead. Florida states that the
standards identified in Rule 62–204.240
are outdated and obsolete, have not
functioned as state-only standards for
any purpose, and were intended to
reference the Federal ambient air quality
standards. Rule 62–204.240 is
unnecessary because the term ‘‘Ambient
Air Quality Standard’’ is defined in the
SIP at Rule 62–210.200 and references
the Federal standards in 40 CFR part 50,
National Primary and Secondary
Ambient Air Quality Standards, which
is adopted and incorporated by
reference in Rule 62–204.800. EPA
agrees with the State and is therefore
proposing to remove Rule 62–204.240
from the Florida SIP because removal
would not interfere with any applicable
requirement concerning attainment of
any NAAQS and RFP or any other
applicable CAA requirement.
E. Rule 62–204.260, Prevention of
Significant Deterioration Maximum
Allowable Increases (PSD Increments)
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.260, Prevention of
Significant Deterioration Maximum
Allowable Increases (PSD Increments),
from the Florida SIP. The State repealed
this rule on February 16, 2012. Rule 62–
204.260 was first approved by EPA into
the Florida SIP on June 16, 1999, with
a state-effective date of March 13, 1996.
See 64 FR 32346. The rule establishes
the PSD maximum allowable increases
for particulate matter, sulfur dioxide,
and nitrogen dioxide in Class I, II, and
III Areas, which are found in Federal
regulations. The State has determined
that Rule 62–204.260 is unnecessary
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and redundant because SIP-approved
Rule 62–210.200 includes a definition
for ‘‘PSD Increment’’ which points to
the Federal PSD increments at 40 CFR
52.21(c), which is adopted and
incorporated by reference in Rule 62–
204.800. EPA agrees with the State and
is therefore proposing to remove Rule
62–204.260 from the Florida SIP
because removal would not interfere
with any applicable requirement
concerning attainment of any NAAQS
and RFP or any other applicable CAA
requirement.
lotter on DSK11XQN23PROD with PROPOSALS1
F. Rule 62–204.400, Public Notice and
Hearing Requirements for State
Implementation Plan Revisions
In Florida’s August 12, 2022,
submission, the State requests that EPA
remove Rule 62–204.400, Public Notice
& Hearing Requirements for State
Implementation Plan Revisions, from
the Florida SIP. The State repealed this
rule on February 16, 2012. Rule 62–
204.400 was first approved by EPA into
the Florida SIP on June 16, 1999, with
a state-effective date is November 30,
1994. See 64 FR 32346. The rule
contains internal State administrative
requirements that require FDEP to
notice and hold a public hearing prior
to adopting any proposed revision to the
SIP and make available the proposed
revision for public inspection; furnish a
record of the public hearing to the EPA
Administrator upon request; and
include a certification that the hearing
was held with each proposed SIP
revision. While the CAA does require
public hearings to be held on
prospective SIP revisions, those
requirements are found in 40 CFR
51.102 and apply directly to the State.
Therefore, EPA agrees with the State
and is proposing to remove Rule 62–
204.260 from the Florida SIP because
removal would not interfere with any
applicable requirement concerning
attainment of any NAAQS and RFP or
any other applicable CAA requirement.
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule amended
regulatory text that includes
incorporation by reference. As described
in sections I and II of this preamble,
EPA is proposing to remove Rules 62–
204.100, Purpose and Scope; 62–
204.200, Definitions; 62–204.220,
Ambient Air Quality Protection; 62–
204.240, Ambient Air Quality
Standards; 62–204.260, Prevention of
Significant Deterioration Maximum
Allowable Increases (PSD Increments);
and 62–204.400, Public Notice and
Hearing Requirements for State
Implementation Plan Revisions, from
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the Florida SIP, which were
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
EPA has made and will continue to
make the SIP generally available at the
EPA Region 4 Office. To obtain a copy,
please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information.
IV. Proposed Action
For the reasons discussed in Section
III, EPA is proposing to approve the
August 12, 2022, Florida SIP revision
consisting of the removal of Rules 62–
204.100, Purpose and Scope; 62–
204.200, Definitions; 62–204.220,
Ambient Air Quality Protection; 62–
204.240, Ambient Air Quality
Standards; 62–204.260, Prevention of
Significant Deterioration Maximum
Allowable Increases (PSD Increments);
and 62–204.400, Public Notice and
Hearing Requirements for State
Implementation Plan Revisions, from
the Florida SIP.
V. Statutory and Executive Language
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 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);
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• 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 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 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.
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Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Proposed Rules
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: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–09734 Filed 5–14–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R08–UST–2023–0563; FRL–11550–
01–R8]
South Dakota: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to grant
approval to the State of South Dakota for
the changes to its Underground Storage
Tank (UST) program submitted by the
State under the Solid Waste Disposal
Act, as amended, commonly referred to
as the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements for UST program approval
and is approving the State’s changes
through a direct final action. This action
also proposes to codify South Dakota’s
state program as revised by South
Dakota and approved by the EPA and to
incorporate by reference the State
regulations that we have determined
meet the requirements for approval.
DATES: Send written comments by June
14, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
UST–2023–0563 by mail to Jeff
Fitzgibbons, Resource Conservation and
Recovery Program, EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129. You may also submit
comments electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the ‘‘Rules and Regulations’’ section of
this Federal Register.
FOR FURTHER INFORMATION CONTACT: Jeff
Fitzgibbons at telephone number: (303)
312–6633, email address:
fitzgibbons.jeffrey@epa.gov.
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SUMMARY:
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In the
‘‘Rules and Regulations’’ section of this
Federal Register, the EPA is approving
changes to the South Dakota program as
a direct final rule. The EPA did not
make a proposal to the direct final rule
because we believe this action is not
controversial and do not expect
comments that oppose it. We have
explained the reasons for this approval
in the preamble of the direct final rule.
The State’s federally-authorized and
codified UST program, as revised
pursuant to this action, will remain
subject to the EPA’s inspection and
enforcement authorities under sections
9005 and 9006 of RCRA subtitle I and
other applicable statutory and
regulatory provisions.
Unless EPA receives written
comments that oppose the approval
during the comment period, the direct
final rule will become effective on the
date it establishes, and we will not take
further action on this proposal. If we get
comments that oppose the
authorization, we will withdraw the
direct final rule and it will not take
immediate effect. We will then respond
to public comments in a later final rule
based on this proposal. You may not
have another opportunity for comment.
If you want to comment on this action,
you must do so at this time.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 40
[FAR Case 2023–008, Docket No. 2023–
0008, Sequence No. 1]
RIN 9000–AO56
Federal Acquisition Regulation:
Prohibition on Certain Semiconductor
Products and Services; Correction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Advance notice of proposed
rulemaking; correction.
AGENCY:
DoD, GSA, and NASA are
issuing a correction to FAR Case 2023–
008; Prohibition on Certain
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William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2024–10632 Filed 5–14–24; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BM82
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
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In rule FR Doc. 2024–08735,
published in the Federal Register at 89
FR 36738, on May 3, 2024, make the
following correction:
On page 36738, in the third column,
in the first paragraph correct web page
URL: https://www.nist.gov/
semiconductors.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Greater
Amberjack and Red Snapper
Management Measures
BILLING CODE 6560–50–P
Frm 00017
SUPPLEMENTARY INFORMATION:
Correction
[Docket No. 240508–0131]
[FR Doc. 2024–10366 Filed 5–14–24; 8:45 am]
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Semiconductor Products and Services;
which published in the Federal Register
on May 3, 2024. This correction makes
an update to the web page URL.
DATES: May 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Farpolicy@gsa.gov or call 202–969–
4075. Please cite FAR Case 2023–008;
Correction.
50 CFR Part 622
Dated: April 30, 2024.
KC Becker,
Regional Administrator, Region 8.
SUMMARY:
42413
NMFS proposes to implement
management measures described in a
framework action under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council).
If implemented, this proposed rule
would modify the Gulf of Mexico (Gulf)
greater amberjack commercial trip limit
and the recreational fixed closed season.
Additionally, this proposed rule would
clarify the Gulf red snapper charter
vessel/headboat (for-hire) component
quota and annual catch target (ACT)
regulations. The purposes of this
proposed rule are to extend the
SUMMARY:
E:\FR\FM\15MYP1.SGM
15MYP1
Agencies
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Proposed Rules]
[Pages 42410-42413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0211; FRL-11927-01-R4]
Air Plan Approval; FL; General Provisions Repeals and Amendments
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 August 12,
2022, for the purpose of removing several obsolete, duplicative, or
unnecessary rules from the general provisions portion of the Florida
SIP. EPA is proposing to approve this revision pursuant to the Clean
Air Act (CAA or Act).
DATES: Comments are due on or before June 14, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0211, 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. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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. LaRocca can be reached via phone number (404) 562-8994
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve changes to the Florida SIP submitted by
the State on August 12, 2022, to remove several obsolete, duplicative,
or unnecessary rules from the Florida SIP. Specifically, the changes
address Rules 62-204.100, Florida Administrative Code (F.A.C.), Purpose
and Scope; 62-204.200, F.A.C., Definitions; 62-204.220, F.A.C., Ambient
Air Quality Protection; 62-204.240, F.A.C., Ambient Air Quality
Standards; 62-204.260, F.A.C., Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments); and 62-204.400, F.A.C.,
Public Notice and Hearing Requirements for State Implementation Plan
Revisions.\1\ To support the removal of these rules from the SIP,
Florida's August 12, 2022, submittal provides justifications to
demonstrate, pursuant to CAA section 110(l), that the removal would not
interfere with any applicable requirement concerning attainment of the
National Ambient Air Quality Standards (NAAQS) and reasonable further
progress (RFP) or any other applicable requirement of the CAA. EPA's
analysis of Florida's August 12, 2022, submission, and the Agency's
rationale for proposing to approve removal of these rules from the
Florida SIP are provided in section II, below.
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\1\ FDEP's August 12, 2022, SIP Revision also included changes
to Rules 62-204.320, 62-204.340, 62-204.360, and 62-204.500. Florida
subsequently withdrew the changes to Rules 62-204.320, 62-204.340,
and 62-204.360 from EPA's consideration. EPA intends to address the
changes to Rule 62-204.500 in separate rulemakings.
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II. EPA's Analysis
A. Rule 62-204.100, Purpose and Scope
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.100, Purpose and Scope, from the Florida SIP.
The State repealed this rule on February 16, 2012. Rule 62-204.100 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. However, the
State has since determined that this rule is unnecessary because it
does not contain any requirements and merely explains the purpose of
Chapter 62-204. EPA agrees with the State's rationale and is therefore
proposing to remove Rule 62-204.100 from the Florida SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
B. Rule 62-204.200, Definitions
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.200, Definitions, from the Florida SIP. The
State repealed this rule on February 16, 2012. Rule 62-204.200 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. The SIP-
approved rule was last updated in 2008. See 73 FR 36435 (June 27,
2008). However, the State has determined that the lists of definitions
are either unnecessary or are redundant in the Florida SIP due, in
part, to subsequent changes in the SIP. Most of the definitions in this
rule are also listed in SIP-approved Rule 62-210.200. The only
definitions not duplicated in Rule 62-210.200 are Rule
[[Page 42411]]
62-204.200(21), Marginal Nonattainment Area for Ozone; Rule 62-
204.200(23), Moderate Nonattainment Area; Rule 62-204.200(25),
Nonattainment Area; and Rule 62-204.200(28), Redesignation of an Area.
These definitions are not required to be part of the Florida SIP
because they define terms related to designating and redesignating
areas for compliance with the NAAQS, the authority for which rests with
EPA.
EPA agrees with Florida that Rules 62-204.200 (21), (23), (25) and
(28), are not necessary in the Florida SIP and agrees that the rest of
Rule 62-204.200 is redundant to Rule 62-210.200 in the Florida SIP.
Therefore, EPA is proposing to remove the rule from the SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
C. Rule 62-204.220, F.A.C., Ambient Air Quality Protection
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.220, Ambient Air Quality Protection, from the
Florida SIP. The State repealed this rule on February 16, 2012. Rule
62-204.220 was first approved by EPA into the Florida SIP on June 16,
1999, with a state-effective date of March 13, 1996. See 64 FR 32346.
Rule 62-204.220(1) prohibits the Department from issuing an air permit
which would cause or contribute to a violation of an ambient air
quality standard, except as provided in Rule 62-212.500, which pertains
to preconstruction permitting in nonattainment areas.\2\ Rule 62-
204.220(2) prohibits the Department from issuing air quality permits
that would authorize the construction or modification of any emissions
unit or facility that would cause or contribute to an ambient
concentration at any point within a baseline area that exceeds either
the appropriate baseline concentration for the point plus the
appropriate maximum allowable increase or the appropriate ambient air
quality standard, whichever is less, except as provided in Rule 62-
212.400, which pertains to PSD permitting. ``Baseline Area'' is defined
in SIP-approved Rule 62-210.200 as ``all of the state'' for sulfur
dioxide, nitrogen dioxide, and particulate matter (i.e.,
PM10 and PM2.5). ``Baseline concentration'' is
also defined in Rule 62-210.200 and is the ambient concentration level
that exists in the baseline area at the time of the applicable minor
source baseline date.
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\2\ Florida currently does not have any nonattainment areas. See
40 CFR 81.310.
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The language in Rule 62-204.220(1) and (2) is unnecessary because
SIP-approved Rule 62-212.300(1)(b) and (1)(c) also prohibit a source
from constructing or modifying any emissions unit or facility if it
would either (1) cause or contribute to a violation of any ambient air
quality standard, except as provided in Rule 62-212.500 or (2) cause or
contribute to an ambient concentration at any point within a baseline
area that exceeds either the appropriate baseline concentration for the
point plus the appropriate maximum allowable increase or the
appropriate ambient air quality standard, whichever is less.
The State is also seeking to remove Rule 62-204.220(3), which
requires that ambient air quality monitors used to establish violations
of an ambient air quality standard meet the requirements of 40 CFR part
58 (part 58). The relevant sections of part 58 apply directly to any
State or local air pollution control agency which has a delegated
authority to operate a portion of the State's State or Local Air
Monitoring Station (SLAMS) \3\ network. Among other requirements, part
58 prescribes detailed collection methodologies, quality assurance
procedures, and data handling and reporting requirements for ambient
air monitoring network operations. Because Rule 62-204.220(3) only
applies to Florida's SLAMS monitors, the rule is unnecessary in
Florida's SIP as those monitors are directly regulated by part 58.
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\3\ SLAMS include the ambient air quality monitoring sites and
monitors that are required by 40 CFR part 58, appendix D, and are
needed to meet the regulatory air monitoring objectives, including
NAAQS comparisons, but may serve other data purposes. The SLAMS
network is defined by the State or local air pollution control
agency in the annual ambient air monitoring network plan required by
40 CFR 58.10(a)(1).
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Finally, the State is seeking to remove Rule 62-204.220(4), which
states that any rule which requires modeling would need to be
consistent with 40 CFR part 51, appendix W. SIP-approved Rule 62-
212.400, Prevention of Significant Deterioration (PSD), paragraph (6)
references appendix W, and Rule 62-212.400(6) is the only rule in the
Florida SIP that addresses modeling. That rule requires air quality
modeling under Rule 62-212.400 to meet Federal requirements in 40 CFR
52.21(l), which references appendix W of 40 CFR part 51. Therefore, the
State has determined that the language in Rule 62-204.220(4) is not
necessary in the Florida SIP.
For the foregoing reasons, EPA agrees with the State that the
entirety of Rule 62-204.220 is not necessary. EPA is therefore
proposing to remove Rule 62-204.220 from the Florida SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
D. Rule 62-204.240, Ambient Air Quality Standards
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.240, Ambient Air Quality Standards, from the
Florida SIP. The State repealed this rule on February 16, 2012. Rule
62-204.240 was first approved by EPA into the Florida SIP on June 16,
1999, with a state-effective date of March 13, 1996. See 64 FR 32346.
The rule identifies ambient air quality standards for the six criteria
pollutants addressed by the NAAQS: sulfur dioxide, particulate matter,
carbon monoxide, ozone, nitrogen dioxide, and lead. Florida states that
the standards identified in Rule 62-204.240 are outdated and obsolete,
have not functioned as state-only standards for any purpose, and were
intended to reference the Federal ambient air quality standards. Rule
62-204.240 is unnecessary because the term ``Ambient Air Quality
Standard'' is defined in the SIP at Rule 62-210.200 and references the
Federal standards in 40 CFR part 50, National Primary and Secondary
Ambient Air Quality Standards, which is adopted and incorporated by
reference in Rule 62-204.800. EPA agrees with the State and is
therefore proposing to remove Rule 62-204.240 from the Florida SIP
because removal would not interfere with any applicable requirement
concerning attainment of any NAAQS and RFP or any other applicable CAA
requirement.
E. Rule 62-204.260, Prevention of Significant Deterioration Maximum
Allowable Increases (PSD Increments)
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.260, Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments), from the Florida SIP. The
State repealed this rule on February 16, 2012. Rule 62-204.260 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. The rule
establishes the PSD maximum allowable increases for particulate matter,
sulfur dioxide, and nitrogen dioxide in Class I, II, and III Areas,
which are found in Federal regulations. The State has determined that
Rule 62-204.260 is unnecessary
[[Page 42412]]
and redundant because SIP-approved Rule 62-210.200 includes a
definition for ``PSD Increment'' which points to the Federal PSD
increments at 40 CFR 52.21(c), which is adopted and incorporated by
reference in Rule 62-204.800. EPA agrees with the State and is
therefore proposing to remove Rule 62-204.260 from the Florida SIP
because removal would not interfere with any applicable requirement
concerning attainment of any NAAQS and RFP or any other applicable CAA
requirement.
F. Rule 62-204.400, Public Notice and Hearing Requirements for State
Implementation Plan Revisions
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.400, Public Notice & Hearing Requirements for
State Implementation Plan Revisions, from the Florida SIP. The State
repealed this rule on February 16, 2012. Rule 62-204.400 was first
approved by EPA into the Florida SIP on June 16, 1999, with a state-
effective date is November 30, 1994. See 64 FR 32346. The rule contains
internal State administrative requirements that require FDEP to notice
and hold a public hearing prior to adopting any proposed revision to
the SIP and make available the proposed revision for public inspection;
furnish a record of the public hearing to the EPA Administrator upon
request; and include a certification that the hearing was held with
each proposed SIP revision. While the CAA does require public hearings
to be held on prospective SIP revisions, those requirements are found
in 40 CFR 51.102 and apply directly to the State. Therefore, EPA agrees
with the State and is proposing to remove Rule 62-204.260 from the
Florida SIP because removal would not interfere with any applicable
requirement concerning attainment of any NAAQS and RFP or any other
applicable CAA requirement.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
amended regulatory text that includes incorporation by reference. As
described in sections I and II of this preamble, EPA is proposing to
remove Rules 62-204.100, Purpose and Scope; 62-204.200, Definitions;
62-204.220, Ambient Air Quality Protection; 62-204.240, Ambient Air
Quality Standards; 62-204.260, Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments); and 62-204.400, Public
Notice and Hearing Requirements for State Implementation Plan
Revisions, from the Florida SIP, which were incorporated by reference
in accordance with the requirements of 1 CFR part 51. EPA has made and
will continue to make the SIP generally available at the EPA Region 4
Office. To obtain a copy, please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information.
IV. Proposed Action
For the reasons discussed in Section III, EPA is proposing to
approve the August 12, 2022, Florida SIP revision consisting of the
removal of Rules 62-204.100, Purpose and Scope; 62-204.200,
Definitions; 62-204.220, Ambient Air Quality Protection; 62-204.240,
Ambient Air Quality Standards; 62-204.260, Prevention of Significant
Deterioration Maximum Allowable Increases (PSD Increments); and 62-
204.400, Public Notice and Hearing Requirements for State
Implementation Plan Revisions, from the Florida SIP.
V. Statutory and Executive Language
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 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 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 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
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.
[[Page 42413]]
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: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-09734 Filed 5-14-24; 8:45 am]
BILLING CODE 6560-50-P