Proposed Rule2023-19463
Air Plan Approval; FL; Miscellaneous SIP Revision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a Florida State Implementation Plan (SIP) revision, submitted by the State of Florida through the Florida Department of Environmental Protection (FDEP) on April 1, 2022. The SIP revision revises multiple stationary source rules in Florida's SIP with substantive and minor changes throughout. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
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[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Proposed Rules]
[Pages 62303-62309]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19463]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 /
Proposed Rules
[[Page 62303]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0056; FRL-11369-01-R4]
Air Plan Approval; FL; Miscellaneous SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Florida State Implementation Plan (SIP) revision, submitted
by the State of Florida through the Florida Department of Environmental
Protection (FDEP) on April 1, 2022. The SIP revision revises multiple
stationary source rules in Florida's SIP with substantive and minor
changes throughout. EPA is proposing to approve these changes pursuant
to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before October 11, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0056 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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#5c332e2835263e332e2e392e337236332f29391c392c3d723b332a"><span class="__cf_email__" data-cfemail="89e6fbfde0f3ebe6fbfbecfbe6a7e3e6fafcecc9ecf9e8a7eee6ff">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve certain changes to the Florida SIP that
were submitted by FDEP on April 1, 2022. Specifically, EPA is proposing
to approve changes to Rules 62-296.414, Florida Administrative Code
(F.A.C.), Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal
Treatment Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-
296.500, F.A.C., Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities; 62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil
Coating; 62-296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric
and Vinyl Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-
296.506, F.A.C., Surface Coating of Large Appliances; 62-296.507,
F.A.C., Magnet Wire Coating; 62-296.508, F.A.C., Petroleum Liquid
Storage; 62-296.510, F.A.C., Bulk Gasoline Terminals; 62-296.511,
F.A.C., Solvent Metal Cleaning; 62-296.512, F.A.C., Cutback Asphalt;
62-296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and
Products; 62-296.514, F.A.C., Surface Coating of Flat Wood Paneling;
62-296.515, F.A.C., Graphic Arts Systems; and 62-296.516, F.A.C.,
Petroleum Liquid Storage Tanks with External Floating Roofs.\1\
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\1\ The April 1, 2022, submittal transmits several changes to
other Florida SIP-approved rules. These changes are not addressed in
this notice and will be considered by EPA in separate rulemakings.
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II. EPA's Analysis of Florida's April 1, 2022, SIP Revision
A. Rule 62-296.414, Concrete Batching Plants
Florida's April 1, 2022, SIP revision updates Rule 62-296.414,
Concrete Batching Plants, with one change to a cross-reference, several
language edits, and an adjustment to one timing requirement.
First, the SIP revision changes one cross-reference in subparagraph
(3)(a) to reflect that EPA Method 9 is now found in 40 CFR part 60,
Appendix A-4. Previously, the rule indicated that EPA Method 9 could be
found in 40 CFR part 60, Appendix A generally. EPA is proposing to
approve this change since it specifies which section of Appendix A
houses EPA Method 9.
The SIP revision also makes several language edits. One language
change eliminates the unnecessary phrase ``new and existing'' from the
introductory paragraph of the rule to describe emissions units. The
rule applies to all emissions units producing concrete and concrete
products by batching or mixing cement and other materials, and the
change merely simplifies the text. Another edit in subparagraphs (4)(a)
and (4)(b) changes language to specify that visible emissions testing
must be conducted for ``stack emissions referenced in subsection 62-
296.414(1), F.A.C.'' rather than ``for each dust collector exhaust
point.'' This change broadens the scope of the rule by requiring
visible emissions tests to be performed at any emission point on a
stack that is appropriate per the required testing method, rather than
only at a dust collector exhaust point. One last language change in
subparagraph (4)(b) replaces the word ``performance'' with ``visible
emissions'' in the phrase ``performance test.'' This change is
clarifying in nature as the performance test for this rule has always
been a visible emissions test, so the language does not alter any
applicable requirements.
Finally, the SIP revision has changed a timing requirement that
specifies how soon a visible emissions test must be performed within
the commencement of initial operation. The SIP revision changes the
requirement for a visible emissions test to be performed within 30 days
of commencing ``initial'' operation to 60 days. FDEP explains that it
is making this change because it is
[[Page 62304]]
more logistically practicable for a subject source to perform the test
in 60 days instead of the first 30 days. EPA agrees with the State,
does not expect a difference in emissions between a test result
performed within the first 30 days in comparison to one performed
within the second set of 30 days that would interfere with any
applicable CAA requirement, and notes that the emissions limitations in
paragraphs (1) and (2) immediately apply to subject sources.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and reasonable further progress (RFP) or any
other applicable requirement of the Act.\2\ Therefore, EPA is proposing
to approve the aforementioned changes to Rule 62-296.414 into the
Florida SIP.
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\2\ See CAA Section 110(l).
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B. Rule 62-296.415, Soil Thermal Treatment Facilities
Florida's April 1, 2022, SIP revision updates Rule 62-296.415, Soil
Thermal Treatment Facilities, with two language edits, several cross-
reference changes, and the removal of one obsolete compliance date.
The SIP revision makes two language edits to Rule 62-296.415.
First, the introductory paragraph to the rule has been revised to
change the word ``section'' to ``rule'' in describing Rule 62-296.415.
EPA is proposing to accept this change because it is consistent with
the nomenclature used in Florida's regulations. Second, Rule 62-296.415
was revised to eliminate the unnecessary phrase ``new, modified, and
existing'' because all soil thermal treatment facilities covered by the
rule are either new or existing. Therefore, the removal of this phrase
merely simplifies the text.
In addition to the language changes, Florida has revised the rule
to update several cross-references. In subsection (1)(b) the rule
citation for requiring a continuous emission monitor was changed from
``Rule 62-297.500, F.A.C.,'' to ``Subsection 62-296.415(6), F.A.C.,''
due to the repeal of Rule 62-297.500. Because Florida repealed Rule 62-
297.500 and it is not a part of the Florida SIP, this cross-reference
does not function in its current form. The new cross-reference is to an
applicable section within Rule 62-296.415, which is a SIP-approved
rule. EPA is proposing to approve this revision because owners and
operators of soil thermal treatment facilities will now be subject to
specific continuous emissions monitoring requirements for carbon
monoxide. The SIP revision also revises a cross-reference in subsection
(4). Specifically, the revision changes the applicable rule citation
for unconfined emissions of soil thermal treatment facilities from Rule
62-296.310 to Rule 62-296.320. Similar to the change in subsection
(1)(b), this cross-referenced rule has been repealed and is not a part
of the Florida SIP, so the cross-reference does not function in its
current form. The new cross-reference is to a SIP-approved rule
containing the applicable requirements for controlling unconfined
emissions of particulate matter at soil thermal treatment facilities.
EPA is proposing to approve this change because owners and operators of
soil thermal treatment facilities will now be subject to specific rules
to control unconfined emissions of particulate matter. Another change
adds language to subparagraphs (5)(a)-(5)(c) to specify which section
in 40 CFR part 60, Appendix A describes the respective federally
approved test methods cited in each subparagraph. The changes also add
that the State has adopted and incorporated by reference the EPA test
methods at Rule 62-204.800.\3\ The new reference to Rule 62-204.800
replaces a reference to the test methods incorporated and adopted by
reference generally into Chapter 62-297. EPA test methods were
previously adopted by reference in Rule 62-297.401. Rule 62-297.401 was
repealed from the State rules on July 19, 2014, and EPA removed it from
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by
reference EPA test methods. EPA is proposing to approve this revision
because owners and operators of soil thermal treatment facilities will
be subject to the requirements outlined in applicable EPA test methods.
EPA proposes to accept these changes because they correct and specify
multiple cross-references in the rule.
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\3\ Rule 62-204.800 adopts and incorporates by reference federal
rules cited throughout FDEP's air pollution rules.
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Finally, the SIP revision eliminates an obsolete compliance date in
the introductory paragraph for Rule 62-296.415. Currently, the
introductory paragraph requires that all facilities comply with the
requirements in Rule 62-296.415 by December 1, 1992. Since this
compliance date has passed, the compliance date is obsolete and no
longer needed in the SIP. All soil thermal treatment facilities will
still be required to comply with the requirements in the rule.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.415 into the Florida SIP.
C. Rule 62-296.418, Bulk Gasoline Plants
Florida's April 1, 2022, SIP revision updates Rule 62-296.418, Bulk
Gasoline Plants with one change that specifies the counties by name
that are subject to the rule--Broward, Duval, Hillsborough, Miami-Dade,
Orange, Palm Beach, and Pinellas Counties--instead of referring
generally to areas designated as air quality maintenance areas for
ozone under Rule 62-204.340.
Florida has several counties that were initially designated as
nonattainment for the 1-hour ozone NAAQS but are now in maintenance. On
November 6, 1991, EPA designated and classified Broward, Dade,\4\ and
Palm Beach counties as moderate nonattainment for the 1979 1-hour ozone
NAAQS; Duval County as transitional nonattainment; Hillsborough and
Pinellas counties as marginal nonattainment; and Orange County as
attainment.\5\ See 56 FR 56694. The State was required to develop and
submit to EPA plans to attain the standard in the nonattainment areas,
including reasonably available control technology (RACT) regulations to
control ozone for incorporation into the Florida SIP. On November 8,
1993, Florida submitted to EPA an ozone redesignation request and
maintenance plan for Broward, Dade, Palm Beach, and Duval Counties. EPA
approved Florida's maintenance plan and request to redesignate Broward,
Dade, and Palm Beach counties to attainment for the 1-hour ozone NAAQS,
effective April 25, 1995, and Duval County to attainment for the 1-hour
ozone NAAQS, effective March 6, 1995. See 60 FR 10325 (February 24,
1995). On December 7, 1995, EPA approved Florida's request to
redesignate Hillsborough and Pinellas counties to attainment for the 1-
hour ozone NAAQS. See 60 FR 62748.
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\4\ Dade County was renamed as Miami-Dade County in 1997.
\5\ Orange County has never been designated as nonattainment for
the 1-hour ozone NAAQS.
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Currently, the Rule applies to those counties that were designated
as maintenance areas for ozone under SIP-approved Rule 62-204.340,
Designation
[[Page 62305]]
of Attainment, Nonattainment, and Maintenance Areas. Rule 62-204.340
lists Orange County, Duval County, the area consisting of Broward,
Dade, and Palm Beach Counties, and the area consisting of Hillsborough
and Pinellas Counties as maintenance areas for ozone. The SIP revision
replaces the language referring to those areas listed under Rule 62-
204.340 with a listing of the applicable counties in each of the listed
maintenance areas under Rule 62-204.340.\6\
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\6\ If an area in Florida is designated nonattainment and
classified as moderate or higher for an ozone NAAQS in the future,
Florida would be required to submit a plan to attain the NAAQS, and
only then would need to revise this rule to possibly include other
counties that would be subject to the RACT requirements in the rule.
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For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.418 into the Florida SIP.
D. Rule 62-296.500, Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting
Facilities
Florida's April 1, 2022, SIP revision updates Rule 62-296.500,
Reasonably Available Control Technology (RACT)--Volatile Organic
Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities, with one
language edit, a specification as to what facilities the rule applies
to, several changes to cross-references, and one additional exemption.
First, the language change to Rule 62-296.500 revises both
subparagraphs (1)(b) and (2)(c) to change the word ``section'' to
``rule'' in describing Rule 62-296.500. EPA is proposing to accept this
change because it is consistent with the nomenclature used in Florida's
regulations.
The SIP revision also makes a change that clarifies which
facilities the rule applies to. The current SIP-approved rule states in
subparagraph (1)(a) that the rule applies to ``existing VOC-emitting
facilities'' and ``new and modified VOC-emitting facilities'' in those
``areas designated as air quality maintenance areas for ozone under
Rule 62-204.340, F.A.C.'' The SIP revision removes this language and
instead states that the rule applies to ``each stationary VOC-emitting
stationary emissions unit in Broward, Duval, Hillsborough, Miami-Date,
Orange, Palm Beach, or Pinellas County . . .'' EPA is proposing to
approve this change because the specific counties listed in the
revision are the same as those listed as ozone maintenance areas in the
SIP-approved version of Rule 62-204.340.\7\
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\7\ See footnote 6.
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In addition to the above-described changes, Florida has revised the
rule to update several cross-references. First, subparagraphs (1)(a)
and (1)(b) are revised to add the phrases ``Prevention of Significant
Deterioration review or Preconstruction Review for Nonattainment
Areas'' for the currently SIP-approved cross-references to 40 CFR
52.21, Rule 62-212.400, and Rule 62-212.500. The SIP revision also adds
the phrase ``as adopted and incorporated by reference in Rule 62-
204.800, F.A.C.'' after the reference to 40 CFR 52.21. The SIP revision
also identifies the December 1984 date for the existing cross-reference
to EPA document number 450/3-84-019 in subparagraph (2)(b)4., which
explains what form a manufacturer's certification of the coating
composition must be in, and states that this version is ``herein
adopted and incorporated by reference.'' EPA proposes to accept these
changes as they add more identifying information to currently SIP-
approved cross-references and incorporate by reference an EPA document
that was already referenced in the Rule.
Finally, subparagraph (2)(a) is revised to exempt emissions units
operating under an Air General Permit pursuant to Rule 62-210.310 from
the requirement to obtain separate permits to construct or operate
pursuant to this paragraph. Although these emission units would not be
required to obtain any additional permits under paragraph (2)(a), they
would still be subject to applicable emission limits and other
requirements in Rules 62-296.501 through 62.296.516 and 62-296.570
(i.e., the permitting exemption would not change the requirement for
owners and operators of these facilities to comply with applicable RACT
requirements under these rules).<SUP>8 9</SUP>
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\8\ See Rules 62-210.310(1)(a)(2) and 62-210.310(3)(n) in the
Florida SIP.
\9\ See email from Preston McLane, Florida Department of
Environmental Protection, to Brad Akers, EPA Region 4 (August 23,
2023), available in the docket for this proposed rulemaking.
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For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.500 into the Florida SIP.
E. Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-296.503,
Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-296.505, Metal
Furniture Coating; 62-296.506, Surface Coating of Large Appliances; and
62-296.507, Magnet Wire Coating
Florida's April 1, 2022, SIP revision updates Rules 62-296.501, Can
Coating; 62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-
296.504, Fabric and Vinyl Coating; 62-296.505, Metal Furniture Coating;
62-296.506, Surface Coating of Large Appliances; and 62-296.507, Magnet
Wire Coating with identical changes to cross-references in their
respective rules.
The SIP revision updates four cross-references in each of the cited
rules. First, subparagraph (4)(a) of each rule has been revised to add
the following language to include a citation to the CFR for EPA Method
24: ``as described at 40 CFR part 60, Appendix A-7, adopted and
incorporated by reference at Rule 62-204.800, F.A.C.'' The new
reference to Rule 62-204.800 replaces a reference to the test methods
incorporated and adopted by reference generally in Chapter 62-297. EPA
test methods were previously adopted by reference in Rule 62-297.401.
As mentioned previously, Rule 62-297.401 was repealed from the State
rules on July 19, 2014, and EPA removed it from the SIP on April 2,
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.401 and it
is not a part of the Florida SIP, this cross-reference does not
function in its current form. The new cross-reference is to Rule 62-
297.800 which adopts and incorporates by reference EPA test methods.
EPA is proposing to approve this revision because owners and operators
of each of the respective facilities will be subject to the
requirements outlined in applicable EPA test methods. Further,
subparagraph (4)(a) has also been revised in each rule to include the
full title for EPA document 450/3-84-019, the location of the document
on the Florida Department of State's website, and a statement that the
document is adopted and incorporated by reference in the rule:
``Procedures for Certifying Quantity of Volatile Organic Compounds
Emitted by Paint, Ink, and Other Coatings (<a href="http://www.flrules.org/Gateway/reference.asp?No=Ref-04298">http://www.flrules.org/Gateway/reference.asp?No=Ref-04298</a>), hereby adopted and incorporated by
reference.'' Next, subparagraph (4)(b) of each rule has been revised to
add the following language that includes a citation to the CFR for EPA
Method 25 and identifies the rule that adopts and incorporates by
reference that test method: ``as described at 40 CFR part
[[Page 62306]]
60, Appendix A-7, adopted and incorporated by reference at Rule 62-
204.800, F.A.C.'' Further, subparagraph (4)(b) has also been revised in
each rule to include the full title of EPA document 450/2-78-041:
``Alternate Test Method for Direct Measurement of Total Gaseous Organic
Compounds Using a Flame Ionization Analyzer.'' Finally, the revision
revises subparagraph (4)(b)(2) in every rule to update the cross-
reference for the specified test method for volatile organic compounds
from Rule 62-297.440(7) to Rule 62-297.450. Rule 62-297.440(7) was
repealed from the State rules on July 10, 2014, and EPA removed it from
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida
repealed Rule 62-297.440(7) and it is not a part of the Florida SIP,
this cross-reference does not function in its current form. The new
cross-reference is to Rule 62-297.450, which is a SIP-approved rule.
EPA is proposing to approve this revision because owners and operators
of each of the respective facilities will now be subject to specific
VOC capture efficiency test procedures.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-
296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large
Appliances; and 62-296.507, Magnet Wire Coating into the Florida SIP.
F. Rule 62-296.508, Petroleum Liquid Storage
Florida's April 1, 2022, SIP revision updates Rule 62-296.508,
Petroleum Liquid Storage, with one language change and several changes
to cross-references.
First, the language change to Rule 62-296.508 revises paragraph (3)
to change the word ``section'' to ``rule'' in describing Rule 62-
296.508. EPA is proposing to accept this change because it is
consistent with the nomenclature used in Florida's regulations.
The SIP revision also updates several cross-references in the rule.
First, subparagraph (3)(b) has been revised to add the following
language that now includes a citation to the CFR for EPA Method 25, and
identifies the State rule that adopts and incorporates by reference
that test method: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (3)(b) has also been revised to include the full
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization
Analyzer.'' Finally, the revision revises subparagraph (4)(b)(2) to
update the cross-reference for the specified test method for volatile
organic compounds from Rule 62-297.440(7) to Rule 62-297.450. As
mentioned in Section II.E, Rule 62-297.440(7) was repealed from the
State rules on July 10, 2014, and EPA removed it from the Florida SIP
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is
proposing to approve this revision because owners and operators of each
of the respective facilities will now be subject to specific VOC
capture efficiency test procedures.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.508 into the Florida SIP.
G. Rule 62-296.510, Bulk Gasoline Terminals
Florida's April 1, 2022, SIP revision updates Rule 62-296.510, Bulk
Gasoline Terminals to revise several cross-references.
The SIP revision revises cross-references in two subparagraphs.
First, subparagraph (4)(a) has been revised to add the following
language that now includes a citation to the CFR for EPA Methods 2A and
2B: ``as described at 40 CFR part 60, Appendix A-1.'' Further, the
following language has been added to the same subparagraph to include a
citation to the CFR for EPA Methods 25A and 25B: ``as described at 40
CFR part 60, Appendix A-7.'' Florida also changes subparagraph (4)(a)
to state that EPA Methods 2A, 2B, 25A, and 25B have been ``adopted and
incorporated by reference at Rule 62-204.800, F.A.C.'' Second,
subparagraph (4)(b) has been revised to add the following language that
now includes a citation to the CFR for EPA Methods 21 and 27: ``as
described at 40 CFR part 60, Appendix A-7; and EPA Method 27, as
described at 40 CFR part 60, Appendix A-8.'' Similar to the change in
subparagraph (4)(a), Florida adds language noting that EPA Methods 21
and 27 have also been ``adopted and incorporated by reference at Rule
62-204.800.'' The new reference to Rule 62-204.800 replaces a reference
to the test methods incorporated and adopted by reference generally in
Chapter 62-297. EPA test methods were previously adopted by reference
in Rule 62-297.401. As mentioned previously, Rule 62-297.401 was
repealed from the State rules on July 19, 2014, and EPA removed it from
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by
reference EPA test methods. EPA is proposing to approve this revision
because owners and operators of bulk gasoline terminals will now be
subject to the requirements outlined in applicable EPA test methods.
EPA proposes to accept these changes because they do not alter any
requirements and they add more identifying information to already SIP-
approved test methods.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.510 into the Florida SIP.
H. Rule 62-296.511, F.A.C., Solvent Metal Cleaning
Florida's April 1, 2022, SIP revision updates Rule 62-296.511,
Solvent Metal Cleaning, by revising several cross-references and making
one language edit.
First, the SIP revision updates several cross-references. In
subparagraph(1)(a), Florida has revised the language to state that 40
CFR part 63, subpart T, is adopted and incorporated by reference in
Rule 62-204.800 rather than in Rule 62-204.800(9). This edit provides a
correction as the incorporation by reference of 40 CFR part 63, subpart
T does not exist in 62-204.800(9) but does in 62-204.800 generally.
Second, subparagraph (5)(a) has been revised to add the following
language that now includes a citation to the CFR for EPA Method 21 and
identifies the State rule that adopts and incorporates by reference
that test method: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800.'' The new
reference to Rule 62-204.800 replaces a reference to the test methods
incorporated and adopted by reference
[[Page 62307]]
generally in Chapter 62-297. EPA test methods were previously adopted
by reference in Rule 62-297.401. As mentioned previously, Rule 62-
297.401 was repealed from the State rules on July 19, 2014, and EPA
removed it from the SIP on April 2, 2018. See 83 FR 13875. Because
Florida repealed Rule 62-297.401 and it is not a part of the Florida
SIP, this cross-reference does not function in its current form. The
new cross-reference is to Rule 62-297.800 which adopts and incorporates
by reference EPA test methods. EPA is proposing to approve this
revision because owners and operators of solvent metal cleaning
facilities will be subject to the requirements outlined in applicable
EPA test methods. Subparagraph (5)(b) has also been revised by adding
the following language that now includes a citation to the CFR for EPA
Method 25, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, the same subparagraph is revised to include the full
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization
Analyzer.'' Finally, the revision revises subparagraph (5)(c) to update
the cross-reference for the specified test method for volatile organic
compounds from Rule 62-297.440(7) to Rule 62-297.450. As mentioned in
Section II.E, Rule 62-297.440(7) was repealed from the State rules on
July 10, 2014, and EPA removed it from the Florida SIP on April 2,
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.440(7) and
it is not a part of the Florida SIP, this cross-reference does not
function in its current form. The new cross-reference is to Rule 62-
297.450, which is a SIP-approved rule. EPA is proposing to approve this
revision because owners and operators of each of the respective
facilities will now be subject to specific VOC capture efficiency test
procedures. Lastly, the SIP revision makes one language edit in
subparagraph (1)(a). The edit removes the unnecessary phrase ``new and
existing'' because all applicable facilities are either new or
existing. Since the removal of this phrase does not alter the
applicability of the rule, EPA finds this change acceptable.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.511 into the Florida SIP.
I. Rule 62-296.512, Cutback Asphalt
Florida's April 1, 2022, SIP revision updates Rule 62-296.512,
Cutback Asphalt, with one language edit and the removal of a subsection
that was never applicable to the rule.
First, the language edit revises paragraph (1) to make a minor
wording change from ``emission limiting standard or control
technology'' to ``emission limiting control standards,'' in describing
the provisions in subsection 62-296.512(2). EPA approves of this change
because paragraph 62-296.512(2) is titled ``Control Standards'' and
only contains control standards.
Second, the SIP revision removes the entirety of paragraph (3),
``Test Methods and Procedures'' from the rule. The test methods and
procedures identified in this paragraph are meant to test particulate
matter emissions. However, the rule does not contain a testing
requirement, and particulate matter is not a pollutant that is
regulated by this rule as the only emission limits applicable in this
rule are for volatile organic compounds. See Rule 62-296.500(1)(a). EPA
is proposing to approve this change because the test methods and
procedures in paragraph (3) are not applicable to Rule 62-296.512.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.512, F.A.C. into the Florida SIP.
J. Rule 62-296.513, Surface Coating of Miscellaneous Metal Parts and
Products, and Rule 62.296.514, Surface Coating of Flat Wood Paneling
Florida's April 1, 2022, SIP revision updates Rules 62.296.513,
Surface Coating of Miscellaneous Metal Parts and Products, and
62.296.514, Surface Coating of Flat Wood Paneling with identical
changes to cross-references in the respective rules.
The SIP revision makes identical changes to three separate cross-
references in both rules. First, subparagraph (4)(a) of each rule has
been revised to add the following language to include a citation to the
CFR for EPA Method 24 and identify the State rule that adopts and
incorporates by reference that test method: ``as described at 40 CFR
part 60, Appendix A-7, adopted and incorporated by reference at Rule
62-204.800, F.A.C.'' Further, subparagraph (4)(a) has also been revised
in both rules to include the full title of EPA document 450/3-84-019,
the location of the document on the Florida Department of State's
website, and a statement that the document is adopted and incorporated
by reference in the rule: ``Procedures for Certifying Quantity of
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings
(<a href="http://www.flrules.org/Gateway/reference.asp?No=Ref-04298">http://www.flrules.org/Gateway/reference.asp?No=Ref-04298</a>) hereby
adopted and incorporated by reference.'' Finally, the SIP revision
removes the phrase ``incorporated and adopted by reference in Chapter
62-297, F.A.C'' from subparagraph (4)(a) in each rule given the changes
described earlier in this paragraph. Second, subparagraph (4)(b)(1) in
both rules has been revised to add the following language after the
reference to EPA Method 25: ``as described at 40 CFR part 60, Appendix
A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (4)(b)(1) has also been revised in both rules to
include the full title of EPA document 450/2-78-041: ``Alternate Test
Method for Direct Measurement of Total Gaseous Organic Compounds Using
a Flame Ionization Analyzer.'' Finally, subparagraph (4)(b)(2) is
updated in both rules to update the cross-reference for the specified
test method for volatile organic compounds from Rule 62-297.440(7) to
Rule 62-297.450. As mentioned in Section II.E, Rule 62-297.440(7) was
repealed from the State rules on July 10, 2014, and EPA removed it from
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida
repealed subsection 62-297.440(7), and it is not a part of the Florida
SIP, this cross-reference does not function in its current form. The
new cross-reference is to Rule 62-297.450, which is a SIP-approved
rule. EPA is proposing to approve this revision because owners and
operators of each of the respective facilities will now be subject to
specific VOC capture efficiency test procedures.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS or any other applicable requirement of the Act.
Therefore, EPA is proposing to approve the aforementioned changes to
Rules 62-296.513 and 62-296.514 into the Florida SIP.
[[Page 62308]]
K. Rule 62.296.515, Graphic Arts Systems
Florida's April 1, 2022, SIP revision updates Rule 62.296.515,
Graphic Arts Systems, to revise several cross-references.
The SIP revision revises three cross-references. First,
subparagraph (3)(a) has been revised to add the following language that
now includes a citation to the CFR for EPA Methods 24 and 24A and
identifies the State rule that adopts and incorporates by reference
those test methods: ``as described at 40 CFR part 60, Appendix A-7,
adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
Further, subparagraph (3)(a) has also been revised to include the full
title of EPA document 450/3-84-019, the location of the document on the
Florida Department of State's website, and a statement that the
document is adopted and incorporated by reference in the rule:
``Procedures for Certifying Quantity of Volatile Organic Compounds
Emitted by Paint, Ink, and Other Coatings (<a href="http://www.flrules.org/Gateway/reference.asp?No=Ref-04298">http://www.flrules.org/Gateway/reference.asp?No=Ref-04298</a>) hereby adopted and incorporated by
reference.'' Finally, the SIP revision removes the phrase
``incorporated and adopted by reference in Chapter 62-297, F.A.C'' from
subparagraph 3(a) given the changes described earlier in this
paragraph. Second, subparagraph (3)(b)(1) has been revised to add the
following language that now includes a citation to the CFR for EPA
Method 25, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, subparagraph (3)(b)(1) has also been revised to
include the full title of EPA document 450/2-78-041: ``Alternate Test
Method for Direct Measurement of Total Gaseous Organic Compounds Using
a Flame Ionization Analyzer.'' Finally, subparagraph (3)(b)(2) is
revised to update the cross-reference for the specified test method for
volatile organic compounds from Rule 62-297.440(7) to Rule 62-297.450.
As mentioned in Section II.E, Rule 62-297.440(7) was repealed from the
State rules on July 10, 2014, and EPA removed it from the Florida SIP
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is
proposing to approve this revision because owners and operators of each
of the respective facilities will now be subject to specific VOC
capture efficiency test procedures.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS or any other applicable requirement of the Act.
Therefore, EPA is proposing to approve the aforementioned changes to
Rule 62-296.515 into the Florida SIP.
L. Rule 62.296.516, Petroleum Liquid Storage Tanks With External
Floating Roofs
Florida's April 1, 2022, SIP revision updates Rule 62.296.516,
Petroleum Liquid Storage Tanks with External Floating Roofs, to revise
a cross reference. Subparagraph (3)(a) has been revised to add the
following language that now includes a citation to the CFR for EPA
Method 21, and identifies the State rule that adopts and incorporates
by reference that test method: ``as described at 40 CFR part 60,
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800,
F.A.C.'' Further, the same subparagraph has been edited to specify the
section in EPA document 450/2-78-047, an already SIP-approved cross-
reference, that provides a description of the applicable test method:
``as described in section 5.2 on p.5-3 . . .'' EPA proposes to approve
these changes because they do not alter any requirements and they add
more identifying information to already SIP-approved test methods.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment of the NAAQS and RFP or any other applicable requirement of
the Act. Therefore, EPA is proposing to approve the aforementioned
changes to Rule 62-296.516 into 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. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Section II of
this preamble, EPA is proposing to incorporate by reference Rules 62-
296.414, Concrete Batching Plants; 62-296.415, Soil Thermal Treatment
Facilities; 62-296.418, Bulk Gasoline Plants; 62-296.500, Reasonably
Available Control Technology (RACT)--Volatile Organic Compounds (VOC)
and Nitrogen Oxides (NOX) Emitting Facilities; 62-296.501, Can Coating;
62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-296.504, Fabric
and Vinyl Coating; 62-296.505, Metal Furniture Coating; 62-296.506,
Surface Coating of Large Appliances; 62-296.507, Magnet Wire Coating;
62-296.508, Petroleum Liquid Storage; 62-296.510, Bulk Gasoline
Terminals; 62-296.511, Solvent Metal Cleaning; 62-296.512, Cutback
Asphalt; 62-296.513, Surface Coating of Miscellaneous Metal Parts and
Products; 62-296.514, Surface Coating of Flat Wood Paneling; 62-
296.515, Graphic Arts Systems; and 62-296.516, Petroleum Liquid Storage
Tanks with External Floating Roofs. EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a>
and at the EPA Region 4 Office (please contact the person identified in
the ``For Further Information Contact'' section of this preamble for
more information).
IV. Proposed Action
EPA is proposing to approve the April 1, 2022, Florida SIP revision
consisting of changes to Rules 62-296.414, Concrete Batching Plants;
62-296.415, Soil Thermal Treatment Facilities; 62-296.418, Bulk
Gasoline Plants; 62-296.500, Reasonably Available Control Technology
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX)
Emitting Facilities; 62-296.501, Can Coating; 62-296.502, Coil Coating;
62-296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large
Appliances; 62-296.507, Magnet Wire Coating; 62-296.508, Petroleum
Liquid Storage; 62-296.510, Bulk Gasoline Terminals; 62-296.511,
Solvent Metal Cleaning; 62-296.512, Cutback Asphalt; 62-296.513,
Surface Coating of Miscellaneous Metal Parts and Products; 62-296.514,
Surface Coating of Flat Wood Paneling; 62-296.515, Graphic Arts
Systems; and 62-296.516, Petroleum Liquid Storage Tanks with External
Floating Roofs, from the Florida SIP for the reasons discussed above.
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 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
proposed action merely proposes to approve State law as meeting Federal
requirements 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
[[Page 62309]]
Management and Budget under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
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.''
The 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
proposed 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.
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: September 5, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-19463 Filed 9-8-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.