Rule2023-21723
Air Plan Approval; Florida; Noninterference Demonstrations for Removal of CAIR and Obsolete Rules in the Florida SIP
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
October 3, 2023
Effective
November 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022, for the purpose of removing several rules from the Florida SIP. EPA is approving the removal of the State's Clean Air Interstate Rule (CAIR) rules from the Florida SIP as well as several Reasonably Available Control Technology (RACT) rules for particulate matter (PM) because these rules have become obsolete. The State has provided a non- interference demonstration to support the removal of these rules from the Florida SIP pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 88 Issue 190 (Tuesday, October 3, 2023)</title>
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[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67963-67964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21723]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[EPA-R04-OAR-2022-0608; FRL-10387-02-R4]
Air Plan Approval; Florida; Noninterference Demonstrations for
Removal of CAIR and Obsolete Rules in the Florida SIP
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022,
for the purpose of removing several rules from the Florida SIP. EPA is
approving the removal of the State's Clean Air Interstate Rule (CAIR)
rules from the Florida SIP as well as several Reasonably Available
Control Technology (RACT) rules for particulate matter (PM) because
these rules have become obsolete. The State has provided a non-
interference demonstration to support the removal of these rules from
the Florida SIP pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective November 2, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0608. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Evan Adams, 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#fc9d989d918fd2998a9d92bc998c9dd29b938a"><span class="__cf_email__" data-cfemail="e18085808c92cf8497808fa1849180cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2022, FDEP submitted a SIP revision to remove Rules 62-
296.470, Florida Administrative Code (F.A.C.), Implementation of
Federal Clean Air Interstate Rule, 62-296.701, F.A.C., Portland Cement
Plants, 62-296.703, F.A.C., Carbonaceous Fuel Burners, 62-296.706,
F.A.C., Glass Manufacturing Process, 62-296.709, F.A.C., Lime Kilns,
and 62-296.710, F.A.C., Smelt Dissolving Tanks from the SIP.\1\ Florida
repealed Rule 62-296.470 on August 14, 2019, through a State regulatory
action because CAIR has sunset and, under CSAPR, EPA determined that
sources in Florida do not contribute significantly to nonattainment in,
or interfere with maintenance by, any other State with respect to the
covered NAAQS. Because the Cross-State Air Pollution Rule (CSAPR)
replaced CAIR, and EPA previously determined that CSAPR does not apply
to Florida, neither of these rules have any applicability in Florida
today. Similarly, Florida's PM RACT rules only apply to emission units
that have been issued an air permit on or before May 30, 1988. There
are no longer any units in the State still in operation covered by
Rules 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-296.710.
Therefore, removal of these rules from the SIP will not interfere with
any applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. See CAA
section 110(l).
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\1\ In FDEP's April 1, 2022, submission, the State requested
several other approvals from EPA, and EPA is addressing those rules
in a separate action.
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Through a notice of proposed rulemaking (NPRM) published on August
11, 2023 (88 FR 54534), EPA proposed to approve the portion of
Florida's April 1, 2022, SIP submittal seeking removal of Florida Rules
62-296.470, 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-
296.710 from the SIP. The details of Florida's submission, as well as
EPA's rational for removing these rules, are described in more detail
in EPA's August 11, 2023, NPRM. Comments on the August 11, 2023, NPRM
were due on or before September 11, 2023. No adverse comments were
received on the August 11, 2023, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of Rules 62-
296.470, F.A.C., Implementation of Federal Clean Air Interstate Rule,
62-296.701, F.A.C., Portland Cement Plants, 62-296.703, F.A.C.,
Carbonaceous Fuel Burners, 62-296.706, F.A.C., Glass Manufacturing
Process, 62-296.709, F.A.C., Lime Kilns, and 62-296.710, F.A.C., Smelt
Dissolving Tanks from the Florida SIP, which is incorporated by
reference in accordance with the requirements of 1 CFR part 51, as
discussed in Section I of this preamble. 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).
III. Final Action
EPA is approving the portion of the April 1, 2022, Florida SIP
revision that consists of the removal of Rules 62-296.470, 62-296.701,
62-296.703, 62-296.706, 62-296.709, and 62-296.710 from the Florida
SIP.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission
[[Page 67964]]
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 action merely approves State
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
action:
<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 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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
FDEP did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving EJ
for people of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 4, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: September 27, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
Sec. 52.520 [Amended]
0
2. In Sec. 52.520 in paragraph (c) amend the table under the heading
``Chapter 62-296 Stationary Sources-Emission Standards'' by removing
the entries for ``Rules 62-296.470, Implementation of Federal Clean Air
Interstate Rule,'' ``62-296.701, Portland Cement Plants,'' ``62-
296.703, Carbonaceous Fuel Burners,'' ``62-296.706, Glass Manufacturing
Process,'' ``62-296.709, Lime Kilns,'' and ``62-296.710, Smelt
Dissolving Tanks.''
[FR Doc. 2023-21723 Filed 10-2-23; 8:45 am]
BILLING CODE 6560-50-P
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