Proposed Rule2023-26107
Air Plan Approval; FL; Miscellaneous SIP Changes
Primary source
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Published
November 28, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022. The proposed revision corrects definitions, updates, and removes outdated references, clarifies rule applicability in several rules within the Florida SIP, and removes methods to determine visible emissions.
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Proposed Rules]
[Pages 83062-83065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26107]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0660; FRL-11572-01-R4]
Air Plan Approval; FL; Miscellaneous SIP Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022.
The proposed revision corrects definitions, updates, and removes
outdated references, clarifies rule applicability in several rules
within the Florida SIP, and removes methods to determine visible
emissions.
DATES: Comments must be received on or before December 28, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0660 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.
[[Page 83063]]
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://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, 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. Ms. Bell can be reached
via phone number (404) 562-9088 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#64060108084a100d0116010a1d240114054a030b12"><span class="__cf_email__" data-cfemail="f597909999db819c9087909b8cb5908594db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On April 1, 2022, FDEP submitted a SIP revision to EPA regarding
Chapter 62-296, Florida Administrative Code (F.A.C.), Stationary
Sources, of the Florida SIP. In Florida's April 1, 2022, submission,
the State is requesting that EPA approve changes to the following rules
in the Florida SIP: Rule 62-296.320(4), General Pollutant Emission
Limiting Standards; \1\ Rule 62-296.406, Fossil Fuel Steam Generators
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing
Emissions Units; Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting
Operations; Rule 62-296.604, Electric Arc Furnace Equipped Secondary
Steel Manufacturing Operations; Rule 62-296.700, Reasonably Available
Control Technology (RACT) Particulate Matter; Rule 62-296.702, Fossil
Fuel Steam Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule
62-296.705, Phosphate Processing Operations; Rule 62-296.707, Electric
Arc Furnaces; Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711,
Materials Handling, Sizing, Screening, Crushing and Grinding
Operations; and Rule 62-296.712, Miscellaneous Manufacturing Process
Operations.\2\ The April 1, 2022, SIP revision that is the subject of
this proposed rulemaking corrects definitions, updates and removes
outdated references, and clarifies applicability in these rules, and it
removes methods to determine visible emissions in Rules 62-296.320 and
62-296.406. Further discussion of what the State submitted and why EPA
is proposing to approve these changes to the Florida SIP is provided in
the following section.
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\1\ On October 13, 2023, the State submitted a letter to EPA
withdrawing its request to revise subsection (3) of Rule 62-296.320.
Thus, EPA is not acting on Rule 62-296.320(3). For further
information, please see the docket for this proposed rulemaking,
which includes Florida's October 13, 2023, withdrawal letter.
\2\ On April 1, 2022, FDEP submitted a number of SIP revisions
to Chapter 62-296, Stationary Sources. These other SIP revisions not
described herein will be acted on through other rulemakings. See
also, footnote 1 regarding subparagraph (3) of Rule 62-296.320.
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II. Analysis of Florida's April 1, 2022, SIP Revision
A. Analysis of Rule 62-296.320
In the April 1, 2022, submission, the State requests that EPA
remove a reference to the Ringlemann Chart and revise subparagraph (4)
of Rule 62-296.320 to include citations to the Code of Federal
Regulations for the applicable EPA test methods--Methods 5, 9 and 17--
and state that EPA test methods are adopted and incorporated by
reference at Rule 62-204.800, instead of Rule 62-297.401, Compliance
Test Methods, due to the repeal of Rule 62-297.401.\3\
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\3\ Florida repealed Rule 62-297.401, State effective on July
10, 2014. On October 13, 2017, EPA approved the removal of Rule 62-
297.401 from Florida's SIP. See 82 FR 47636. Rule 62-204.800 adopts
and incorporates by reference Federal rules cited throughout FDEP's
air pollution rules.
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The Ringlemann Chart visible emissions evaluation system evolved
from the concept developed by Maximillian Ringelmann in the late 1800s,
in which a chart with calibrated black grids on a white background was
used to measure black smoke emissions from coal-fired boilers. The
Ringelmann Chart was adopted by the U.S. Bureau of Mines in the early
1900s and was used extensively in efforts to assess and control
emissions. In the early 1950s, the Ringelmann concept was expanded to
other colors of smoke by the introduction of the concept of
``equivalent opacity.'' Equivalent opacity meant that the white smoke
was equivalent to a Ringelmann number in its ability to obscure the
view of a background. In some States, equivalent opacity is still
measured in Ringelmann numbers, whereas in others a 0 to 100 percent
scale is used. EPA stopped using Ringelmann numbers in the New Source
Performance Standards (NSPS) when the revised EPA Method 9 was
promulgated in 1974.\4\ All NSPS visible emission limits are stated in
percent opacity units, although some State regulations still specify
the use of the Ringelmann system. EPA Method 9 is based solely on
opacity.
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\4\ For further information regarding EPA's revised Method 9 and
opacity, see ``Section 3.12 Method 9-Visible Determination of the
Opacity of Emissions from Stationary Sources,'' available at <a href="https://www3.epa.gov/ttnemc01/qahandbook3/qaiii%201977/qa%20vol%20iii%20-%20aug%201977%20-%20sec%203-12.pdf">https://www3.epa.gov/ttnemc01/qahandbook3/qaiii%201977/qa%20vol%20iii%20-%20aug%201977%20-%20sec%203-12.pdf</a>.
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EPA conducted extensive field studies on the accuracy and
reliability of the Method 9 opacity evaluation technique when the
method was revised and repromulgated in response to industry challenges
concerning certain NSPS opacity standards and methods. The studies
showed that visible emissions can be assessed accurately by properly
trained and certified observers. Two central features of Method 9
involve taking opacity readings of plumes at 15-second intervals and
averaging 24 consecutive readings (6 minutes) unless some other time is
specified in the emission standard (some NSPS specify a 3-minute
averaging period). EPA is proposing to approve removal of the reference
to the Ringlemann Chart because studies found that Method 9 was more
accurate and reliable for an evaluation technique than the use of the
Ringelmann numbers, EPA no longer uses Ringelmann numbers in the NSPS,
and the State rule continues to use Method 9 for opacity. Thus, removal
of the reference to the Ringlemann Chart will not interfere with any
applicable requirement concerning attainment or any other applicable
Clean Air Act (CAA) requirement.\5\
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\5\ See CAA section 110(l).
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B. Analysis of Rule 62-296.406
In the April 1, 2022, submission, the State requests that EPA
revise Rule 62-296.406, currently titled ``Fossil Fuel Steam Generators
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing
Emissions Units,'' by removing the unnecessary phrases ``New and
Existing Emissions Units'' from the rule title and ``new and existing''
from the rule text. EPA is proposing to approve these changes because
the rule will continue to apply to new and existing emissions units
that meet the rule's unchanged applicability criteria.
FDEP is also requesting that EPA approve revisions to Rule 62-
296.406(1), which remove references to repealed FDEP Method 9.
Subparagraph 296.406(1) requires subject sources to comply with a
visible emissions limit of 20 percent opacity. However, the rule
[[Page 83064]]
also allows sources two options for exceeding 20 percent opacity: one
six-minute period per hour during which opacity cannot exceed 27
percent, or one two-minute period per hour during which opacity cannot
exceed 40 percent. The rule requires that the option selected by the
source be specified in the source's construction and operation permits.
The SIP revision removes the exception that allows up to 40 percent
opacity over a two-minute period per hour but retains the exception
that allows up to 27 percent opacity for one six-minute period per
hour. The option proposed for deletion, which allows opacity of no more
than 40 percent over a two-minute average, stems from, and was
consistent with, FDEP Method 9, which measured opacity on a two-minute
average; however, Florida removed this method from its State rules on
July 10, 2014. The option that is retained, allowing one exceedance per
hour of an opacity up to 27 percent over a six-minute average, is
consistent with, EPA Method 9, which measures opacity on a six-minute
average. While the averaging times and percent opacity allowed in the
two exceptions differs, the two exceptions are approximately equivalent
on a six-minute average.\6\ Subparagraph 296.406(1) is also revised to
add the phrase ``shall not exceed''; delete the word ``either''; add
the word ``one'' before the word hour; add the word ``period'' after
one-hour; change the word percentile to percent; and delete the
provision that provided that the selected exception to the 20 percent
opacity requirement (27 percent for a six-minute average per hour or 40
percent for two-minute period per hour) would be specified in a permit.
These revisions either remove language to correspond to the removal of
the 40 percent opacity exception or clarify rule language. With such
revisions, the proposed rule would state: ``Visible Emissions--shall
not exceed 20 percent opacity, except for one six-minute period per
one-hour period, which shall not exceed 27 percent.'' EPA is proposing
to approve these changes because Florida has removed FDEP Method 9 from
its State rules, the exception is approximately equivalent to the 27
percent exception that remains in the rule, and the changes will not
interfere with any applicable requirement concerning attainment or any
other applicable CAA requirement.
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\6\ See the March 17, 2023, EPA memorandum to the file re: FL-
167-1, April 1, 2022; DEP Method 9, which is included in the docket
for this proposed rulemaking. This memorandum memorializes a
conversation between EPA and FL DEP during which Florida confirmed
that the difference between the two options is negligible since the
data points are measured by a human observer in five percent
increments.
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C. Analysis of Rules 62-296.602, .603, and .604
As discussed below, the April 1, 2022, SIP revision contains
several changes to Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting
Operations; and Rule 62-296.604, Electric Arc Furnace Equipped
Secondary Steel Manufacturing Operations.
The April 1, 2022, submission revises Rules 62-296.602(3), 62-
296.603(3), and 62-296.604(3) by requiring the use of EPA's air quality
models as provided in 40 CFR part 51, Appendix W; adding a citation to
40 CFR part 51, Appendix W; stating that EPA test methods are adopted
and incorporated by reference at Rule 62-204.800; and clarifying that
the ambient air quality standard for lead is the national standard. EPA
is proposing to approve the aforementioned changes because they will
not interfere with any applicable requirement concerning attainment or
any other applicable CAA requirement.
D. Analysis of Rules 62-296.700, .702, .704, .705, .707, .708, .711,
and .712
As discussed below, the April 1, 2022, submission requests several
changes to Rule 62-296.700, Reasonably Available Control Technology
(RACT) Particulate Matter; Rule 62-296.702, Fossil Fuel Steam
Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule 62-296.705,
Phosphate Processing Operations; Rule 62-296.707, Electric Arc Furnace;
Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711, Materials
Handling, Sizing, Screening, Crushing and Grinding Operations; and Rule
62-296.712, Miscellaneous Manufacturing Process Operations.
The April 1, 2022, submission seeks to clarify Rules 62-296.700(1)
and (2) by updating certain rule citations and revising the term
``existing emissions unit'' to ``any emissions unit issued an air
permit on or before May 30, 1988,'' because Florida's PM RACT rules
only apply to emission units that have been issued air permits on or
before May 30, 1988.\7\ The April 1, 2022 submission also deletes
general language that provided that the rule applied in ``a particulate
matter air quality maintenance area or in the area of influence of such
an area,'' and instead includes language to clarify what areas of the
State are subject to RACT for TSP by specifically identifying those
geographic areas. Additionally, the revision moves language from Rule
62-296.700's applicability section at .700(1) that provides an
exception for an emissions unit which has received a determination of
Best Available Control Technology to Rule 62-296.700's exemptions
section at .700(2). These changes to 62-296.700(1) and (2) clarify
applicability of the rule. Rules 62-296.702, .704, .705, .707, .708,
.711, and .712 are revised to include citations to applicable EPA test
methods, as described in 40 CFR part 60, Appendices A-2, A-3, A-4, A-6,
A-7, and B, and state that EPA test methods are adopted and
incorporated by reference in Rule 62-204.800. In addition, the
revisions delete a sentence in Rule 62-296-702(3) stating that EPA
Method 5 may be used to demonstrate compliance because this provision
already specifies when EPA Method 5 may be used. EPA is proposing to
approve these changes as they do not change the applicability of the
rule and will not interfere with any applicable requirement concerning
attainment or any other applicable CAA requirement.
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\7\ On May 19, 1988, Florida submitted revisions to the SIP
regarding particulate matter (PM) as part of the implementation of
the PM<INF>10</INF> standard (PM with an aerodynamic diameter of 10
microns or less). The rules submitted under the May 19, 1988, date
was State effective on May 30, 1988. In these revisions, which were
approved by EPA on February 1, 1990 (55 FR 3403), EPA approved
Florida's changes to its particulate matter SIP that clarify what
areas of the State were covered by the PM (total suspended
particulates (TSP)) RACT rules and the location of PM (TSP) air
quality maintenance areas and areas of influence (areas within 50
kilometers outside the boundary of an air quality maintenance area).
EPA also clarified in that notice that RACT for existing sources
would continue to apply in TSP nonattainment areas, but RACT for new
and modified sources was rescinded. That notice addressed Rule 17-
2.650, which was later recodified to become Rules 62-296.700 through
62-296.712.
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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 requirements of 1 CFR 51.5, and as discussed in Section II of this
preamble, EPA is proposing to incorporate by reference Florida Rule 62-
296.320(4), General Pollutant Emission Limiting Standards, state
effective July 10, 2014; \8\ Rule 62-296.406, Fossil Fuel Steam
Generators with Less Than 250 Million Btu Per Hour Heat Input, State
effective November 5, 2020; Rule 62-296.602, Primary Lead-Acid Battery
Manufacturing Operations, State effective July 10, 2014; Rule 62-
296.603,
[[Page 83065]]
Secondary Lead Smelting Operations, State effective July 10, 2014; Rule
62-296.604, Electric Arc Furnace Equipped Secondary Steel Manufacturing
Operations, state effective July 10, 2014; Rule 62-296.700, Reasonably
Available Control Technology (RACT) Particulate Matter, State effective
August 14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, State
effective July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants,
State effective July 10, 2014; Rule 62-296.705, Phosphate Processing
Operations, State effective July 10, 2014; Rule 62-296.707, Electric
Arc Furnace, State effective July 10, 2014; Rule 62-296.708, Sweat or
Pot Furnaces, State effective July 10, 2014; Rule 62-296.711, Materials
Handling, Sizing, Screening, Crushing and Grinding Operations, State
effective July 10, 2014; and Rule 62-296.712, Miscellaneous
Manufacturing Process Operations, State effective 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).
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\8\ Portions of Rule 62-296.320 that are not addressed in this
proposed rulemaking would remain in the Florida SIP with a State
effective March 13, 1996.
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IV. Proposed Action
For the reasons discussed above, EPA is proposing to approve the
April 1, 2022, Florida SIP revision consisting of amendments to Rules
62-296.320(4), 62-296.406, 62-296.602, 62-296.603, 62-296.604, 62-
296.700, 62-296.702, 62-296.704, 62-296.705, 62-296.707, 62-296.708,
62-296.711, and 62-296.712 in the Florida 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 CAA and applicable
Federal regulations. 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 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 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 State of Florida did not evaluate environmental justice
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 environmental justice 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: November 21, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-26107 Filed 11-27-23; 8:45 am]
BILLING CODE 6560-50-P
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