Proposed Rule2022-20423
Air Plan Approval; Florida; Removal of Odor, Fluorides, and Total Reduced Sulfur Rules and Related Definitions From the Florida SIP
Primary source
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Published
September 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to correct the erroneous incorporation of several rules and related definitions into the Florida State Implementation Plan (SIP). The rules being proposed for removal from the SIP, which are identified by Florida in letters to EPA dated March 16, 2021, and July 2, 2021, regulate odor, fluoride, and total reduced sulfur (TRS) emissions. EPA is proposing to remove these rules and definitions from the Florida SIP because they are not related to implementation, maintenance, or enforcement of the national ambient air quality standards (NAAQS) or otherwise required to be included in the SIP.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58045-58047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20423]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0355; FRL-10157-01-R4]
Air Plan Approval; Florida; Removal of Odor, Fluorides, and Total
Reduced Sulfur Rules and Related Definitions From the Florida SIP
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
correct the erroneous incorporation of several rules and related
definitions into the Florida State Implementation Plan (SIP). The rules
being proposed for removal from the SIP, which are identified by
Florida in letters to EPA dated March 16, 2021, and July 2, 2021,
regulate odor, fluoride, and total reduced sulfur (TRS) emissions. EPA
is proposing to remove these rules and definitions from the Florida SIP
because they are not related to implementation, maintenance, or
enforcement of the national ambient air quality standards (NAAQS) or
otherwise required to be included in the SIP.
DATES: Comments must be received on or before October 24, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0355 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#365752575b4518534057587653465718515940"><span class="__cf_email__" data-cfemail="b7d6d3d6dac499d2c1d6d9f7d2c7d699d0d8c1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
A SIP is a federally enforceable collection of regulations and
documents used by a state, territory, or local air district to
implement, maintain, and enforce the NAAQS and to fulfill other
requirements of the Clean Air Act (CAA or Act) that require SIP
measures (e.g., measures addressing regional haze under CAA section
169A). The NAAQS currently address six criteria pollutants: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide. Each federally approved SIP protects air quality primarily by
addressing air pollution at its point of origin through air pollution
regulations and control strategies.
EPA has incorporated several rules related to odor, fluorides, and
TRS into the Florida SIP. In letters to EPA dated March 16, 2021, and
July 2, 2021, Florida identifies some of those rules as inappropriate
for inclusion in the SIP, provides the bases for its conclusions, and
asks EPA to remove them pursuant to CAA section 110(k)(6).
Section 110(k)(6) provides EPA with the authority to make
corrections to prior SIP actions that are subsequently found to be in
error in the same manner as the prior action, and to do so without
requiring any further submission from the state.\1\ While section
110(k)(6) provides EPA with the authority to correct its own ``error,''
nowhere does this provision or any other provision in the CAA define
what qualifies as ``error.'' Thus, EPA believes the term should be
given its plain language, everyday meaning, which includes all
unintentional, incorrect, or wrong actions and mistakes. Each provision
proposed for removal from Florida's SIP is discussed below along with
EPA's analysis.
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\1\ Section 110(k)(6) states that ``Whenever the Administrator
determines that the Administrator's action approving, disapproving,
or promulgating any plan or plan revision (or part thereof), area
designation, redesignation, classification, or reclassification was
in error, the Administrator may in the same manner as the approval,
disapproval, or promulgation revise such action as appropriate
without requiring any further submission from the State. Such
determination and the basis thereof shall be provided to the State
and public.''
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II. EPA's Analysis
A. Rule 62-210.200, F.A.C.<SUP>2</SUP>--Definitions
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\2\ F.A.C. stands for Florida Administrative Code.
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In the July 2, 2021, letter from FDEP, the State requests that EPA
remove the following terms and their definitions in Rule 62-210.200
from the Florida SIP: (66) Calciner, (109) Cross Recovery Furnace,
(117) Digester System, (157) Green Liquor Sulfidity, (182) Lime Kiln,
(207) Multiple Effect Evaporator System, (211) Neutral Sulfite
Semichemical (NSSC) Pulping Operation, (212) New Design Direct-Fired
Kraft Recovery
[[Page 58046]]
Furnace, (213) New Design Direct-Fired Suspension-Burning Kraft
Recovery Furnace, (214) New Design Kraft Recovery Furnace, (221)
Objectionable Odor, (222) Odor, (223) Old Design Kraft Recovery
Furnace, (241) Plant Section, (286) Smelt Dissolving Tank, (299)
Straight Kraft Recovery Furnace, and (307) Tall Oil Plant.\3\
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\3\ EPA last updated the SIP-approved version of Rule 62-210.200
on September 16, 2020 (85 FR 57707).
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In the Florida SIP, these defined terms are only used in Rules 62-
210.310(4), 62-296.320, 62-296.403, 62-296.404(4) through (6), and 62-
297.440(2)(f), which are all being proposed for removal in this
110(k)(6) error correction notice. If EPA removes these rules from the
Florida SIP, these terms will no longer be needed in the SIP because
they are not used in any other SIP rules. EPA is proposing to remove
these terms and their definitions from the Florida SIP for this reason
and because they are not related to implementation, maintenance, or
enforcement of the NAAQS or otherwise required to be included in the
SIP.
B. Rule 62-210.310, F.A.C.--Air General Permits
In the July 2, 2021, letter from FDEP, the State requests that EPA
remove subparagraphs (4)(d)2.b, (4)(e)2.b, and (4)(f)2.c. of Rule 62-
210.310, Air General Permits from the Florida SIP.\4\ These
subparagraphs serve only to require compliance with the objectionable
odor prohibition of Rule 62-296.320(2), which, as discussed below, is
also proposed for removal from the SIP. If EPA removes Rule 62-
296.320(2) from the SIP, these provisions of Rule 62-210.310 will no
longer have meaning. EPA is proposing to remove these subparagraphs
from the Florida SIP for this reason and because they are not related
to implementation, maintenance, or enforcement of the NAAQS or
otherwise required to be included in the SIP.
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\4\ EPA last updated the SIP-approved version of Rule 62-210.310
on October 6, 2017 (82 FR 46682).
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C. Rule 62-296.320, F.A.C.--General Pollutant Emission Limiting
Standards
In the March 16, 2021, letter from FDEP, the State requests that
EPA remove Rule 62-296.320(2), Objectionable Odor Prohibited from the
Florida SIP.\5\ This SIP-approved rule provides that ``No person shall
cause, suffer, allow or permit the discharge of air pollutants which
cause or contribute to objectionable odor.'' EPA is proposing to remove
this rule from the Florida SIP because it is not related to
implementation, maintenance, or enforcement of the NAAQS or otherwise
required to be included in the SIP.
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\5\ EPA last updated the SIP-approved version of Rule 62-296.320
on June 16, 1999 (64 FR 32346).
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D. Rule 62-296.403, F.A.C.--Phosphate Processing
In the March 16, 2021, letter from FDEP, the State requests that
EPA remove Rule 62-296.403, Phosphate Processing, in its entirety, from
the Florida SIP.\6\ This rule requires certain phosphate processing
plants and plant sections to meet emissions limitations on the pounds
of fluoride emitted per ton of phosphate material input and to comply
with specified test methods. EPA is proposing to remove this rule from
the Florida SIP because it is not related to implementation,
maintenance, or enforcement of the NAAQS or otherwise required to be
included in the SIP.
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\6\ EPA last updated the SIP-approved version of Rule 62-296.403
on June 16, 1999 (64 FR 32346).
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E. Rule 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil
Plants
In the March 16, 2021, letter from FDEP, the State requests that
EPA remove the portions of Rule 62-296.404, Kraft (Sulfate) Pulp Mills
and Tall Oil Plants, regarding TRS from the Florida SIP.\7\
Specifically, EPA is proposing to remove Rule 62-296.404(1)(b) and
Rules 62-296.404(4)(a)3, (4)(b)3, (4)(c)3, (4)(d), and (4)(e), which
outline different testing methods and procedures for TRS processes, as
well as Rules 62-296.404(5) and 62-296.404(6), which outline monitoring
and reporting requirements for sources of TRS. EPA is proposing to
remove these provisions from the Florida SIP because they are not
related to implementation, maintenance, or enforcement of the NAAQS or
otherwise required to be included in the SIP.
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\7\ EPA last updated the SIP-approved version of Rule 62-296.404
on June 16, 1999 (64 FR 32346).
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F. Rule 62-297.440, F.A.C.--Supplementary Test Procedures
In the July 2, 2021, letter from FDEP, the State requests that EPA
remove paragraph (2)(f) of Rule 62-297.440, Supplementary Test
Procedures from the Florida SIP.\8\ Rule 62-297.440(2)(f) provides that
when determining whether a kraft recovery furnace is a straight kraft
or cross recovery furnace the procedure in 40 CFR 60.285(d)(3) of
Subpart BB shall be used. This provision is used only to determine
which type of recovery furnace a specific unit is, as defined in Rule
62-210.200, in order to establish what TRS emission limit applies. If
EPA removes all TRS provisions in 62-210.200, as described elsewhere in
this notice, Rule 62-297.440(2)(f) will be unnecessary. EPA is
proposing to remove this paragraph from the Florida SIP for this reason
and because it is not related to implementation, maintenance, or
enforcement of the NAAQS or otherwise required to be included in the
SIP.
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\8\ EPA last updated the SIP-approved version of Rule 62-
297.440, Supplementary Test Procedures, on April 2, 2018 (83 FR
13875).
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EPA's prior approval into the Florida SIP of the rules and
definitions identified by the State in its March 16, 2021, and July 2,
2021, letters to EPA, was in error because these rules and definitions
are not related to implementation, maintenance, or enforcement of the
NAAQS or otherwise required to be included in the SIP. EPA is therefore
proposing to remove them from the Florida SIP.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. EPA is
proposing to remove certain provisions and defined terms from the
following rules in the Florida SIP: 62-210.200, F.A.C.--Definitions,
62-210.310, F.A.C.--Air General Permits, 62-296.320, F.A.C.--General
Pollutant Emission Limiting Standards, 62-296.403, F.A.C.--Phosphate
Processing, 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil
Plants, and 62-297.440, F.A.C.--Supplementary Test Procedures. From
Rule 62-210.200, Definitions, EPA is proposing to remove the following
defined terms and their definitions: (66) Calciner, (109) Cross
Recovery Furnace, (117) Digester System, (157) Green Liquor Sulfidity,
(182) Lime Kiln, (207) Multiple Effect Evaporator System, (211) Neutral
Sulfite Semichemical (NSSC) Pulping Operation, (212) New Design Direct-
Fired Kraft Recovery Furnace, (213) New Design Direct-Fired Suspension-
Burning Kraft Recovery Furnace, (214) New Design Kraft Recovery
Furnace, (221) Objectionable Odor, (222) Odor, (223) Old Design Kraft
Recovery Furnace, (241) Plant Section, (286) Smelt Dissolving Tank,
(299) Straight Kraft Recovery Furnace, and (307) Tall Oil Plant. From
Rule 62-210.310, Air General Permits, EPA is proposing to remove the
following provisions: 62-210.310(4)(d)2.b, (4)(e)2.b, and (4)(f)2.c.
From Rule 62-296.320, General Pollutant Emission Limiting Standards,
EPA is proposing to remove provision 62-296.320(2). From Rule 62-
296.404, Kraft (Sulfate) Pulp Mills and Tall Oil Plants, EPA is
proposing to remove the following provisions: 62-296.404(1)(b),
(4)(a)3,
[[Page 58047]]
(4)(b)3, (4)(c)3, (4)(d), (4)(e), (5) and (6). From Rule 62-297.440,
Supplementary Test Procedures, EPA is proposing to remove provision 62-
297.440(2)(f). Finally, EPA is proposing to remove Rule 62-296.403,
Phosphate Processing, in its entirety. The remaining portions of these
rules will remain incorporated in the Florida SIP, as 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 (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. Proposed Action
EPA is proposing to remove portions of Rules 62-210.200, F.A.C.--
Definitions, 62-210.310, F.A.C.--Air General Permits, 62-296.320,
F.A.C.--General Pollutant Emission Limiting Standards, 62-296.404,
F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil Plants, and 62-297.440,
F.A.C.--Supplementary Test Procedures and all of Rule 62-296.403,
F.A.C.--Phosphate Processing from the Florida SIP because EPA's
incorporation of these rules and definitions into the SIP was in error
as they are not related to implementation, maintenance, or enforcement
of the NAAQS or otherwise required to be included in the SIP.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This proposed action
merely proposes to correct errors in previous rulemakings approving SIP
submissions and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> 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 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 proposed
rule does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial
direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-20423 Filed 9-22-22; 8:45 am]
BILLING CODE 6560-50-P
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