Air Plan Approval; FL; General Provisions Repeals and Amendments, 42410-42413 [2024-09734]

Download as PDF 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: VerDate Sep<11>2014 16:35 May 14, 2024 Jkt 262001 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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. E:\FR\FM\15MYP1.SGM 15MYP1 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Proposed Rules 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. VerDate Sep<11>2014 16:35 May 14, 2024 Jkt 262001 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). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 42411 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 E:\FR\FM\15MYP1.SGM 15MYP1 42412 Federal Register / Vol. 89, No. 95 / Wednesday, May 15, 2024 / Proposed Rules 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 VerDate Sep<11>2014 16:35 May 14, 2024 Jkt 262001 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); PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 • 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. E:\FR\FM\15MYP1.SGM 15MYP1 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. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:35 May 14, 2024 Jkt 262001 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 Sfmt 4702 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 Fmt 4702 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] PO 00000 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.
---------------------------------------------------------------------------

    \2\ Florida currently does not have any nonattainment areas. See 
40 CFR 81.310.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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


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