Rule2023-23833
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
November 6, 2023
Effective
December 6, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76137-76139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23833]
[[Page 76137]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0056; FRL-11369-02-R4]
Air Plan Approval; FL; Miscellaneous SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective December 6, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0056. 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: 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#6e011c1a07140c011c1c0b1c014004011d1b0b2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="2e415c5a47544c415c5c4b5c410044415d5b4b6e4b5e4f00494158">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving certain changes to the Florida SIP that were
submitted by FDEP on April 1, 2022. Specifically, EPA is approving
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\ These changes are for multiple
stationary source emission standards rules in Florida's SIP with
substantive and minor changes throughout.
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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 action and will be considered by EPA in separate rulemakings.
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Through a notice of proposed rulemaking (NPRM), published on
September 11, 2023, (88 FR 62303), EPA proposed to approve the April 1,
2022, submission. The details of Florida's submission, which amend
various stationary source emission standards, as well as EPA's
rationale for approving the changes, are described in the September 11,
2023, NPRM. Comments on the September 11, 2023, NPRM were due on or
before October 11, 2023. EPA did not receive any adverse comments on
the September 11, 2023, NPRM.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference of Rules 62-296.414, F.A.C.,
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment
Facilities; 62-296.511, F.A.C., Solvent Metal Cleaning, each state
effective November 5, 2020; 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; 62-296.512, F.A.C., Cutback Asphalt, each state effective
August 14, 2019; and 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-
296.513, 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, all state
effective on July 10, 2014. 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). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is finalizing the approval of the April 1, 2022, Florida SIP
revision to incorporate various changes to Rules 62-296.414, 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
[[Page 76138]]
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, from the Florida SIP. EPA is approving these
changes because they will not interfere with the attainment or
maintenance of the NAAQS or any other applicable requirement of the
CAA.
IV. 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
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
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.
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 5, 2024. 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: October 24, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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
0
2. In Sec. 52.520(c), amend the table by revising the entries for
``62-296.414,'' ``62-296.415,'' ``62-62-296.418,'' ``62-296.500,''
``62-296.501,'' ``62-296.502,'' ``62-296.503,'' ``62-296.504,'' ``62-
296.505,'' ``62-296.506,'' ``62-296.507,'' ``62-296.508,'' ``62-
296.510,'' ``62-296.511,'' ``62-296.512,'' ``62-296.513,'' ``62-
296.514,'' ``62-296.515,'' and ``62-296.516.''
The revisions read as follows:
Sec. 52.520 Identification of plan.
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(c) * * *
[[Page 76139]]
EPA-Approved Florida Laws and Regulations
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State effective
State citation (section) Title/subject date EPA approval date Explanation
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* * * * * * *
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Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.414............... Concrete Batching 11/5/2020 11/6/2023,
Plants. [Insert citation
of publication].
62-296.415............... Soil Thermal 11/5/2020 11/6/2023,
Treatment [Insert citation
Facilities. of publication].
62-296.418............... Bulk Gasoline 8/14/2019 11/6/2023,
Plants. [Insert citation
of publication].
* * * * * * *
62-296.500............... Reasonably 8/14/2019 11/6/2023,
Available [Insert citation
Control of publication].
Technology
(RACT)--Volatile
Organic
Compounds (VOC)
and Nitrogen
Oxides (NOX)
Emitting
Facilities.
62-296.501............... Can Coating...... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.502............... Coil Coating..... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.503............... Paper Coating.... 7/10/2014 11/6/2023,
[Insert citation
of publication].
62-296.504............... Fabric and Vinyl 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.505............... Metal Furniture 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.506............... Surface Coating 7/10/2014 11/6/2023,
of Large [Insert citation
Appliances. of publication].
62-296.507............... Magnet Wire 7/10/2014 11/6/2023,
Coating. [Insert citation
of publication].
62-296.508............... Petroleum Liquid 7/10/2014 11/6/2023,
Storage. [Insert citation
of publication].
62-296.510............... Bulk Gasoline 7/10/2014 11/6/2023,
Terminals. [Insert citation
of publication].
62-296.511............... Solvent Metal 11/5/2020 11/6/2023,
Cleaning. [Insert citation
of publication].
62-296.512............... Cutback Asphalt.. 8/14/2019 11/6/2023,
[Insert citation
of publication].
62-296.513............... Surface Coating 7/10/2014 11/6/2023,
of Miscellaneous [Insert citation
Metal Parts and of publication].
Products.
62-296.514............... Surface Coating 7/10/2014 11/6/2023,
of Flat Wood [Insert citation
Paneling. of publication].
62-296.515............... Graphic Arts 7/10/2014 11/6/2023,
Systems. [Insert citation
of publication].
62-296.516............... Petroleum Liquid 7/10/2014 11/6/2023,
Storage Tanks [Insert citation
with External of publication].
Floating Roofs.
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[FR Doc. 2023-23833 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on November 6, 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.