Rule2024-01030
Air Plan Approval; Florida; Miscellaneous SIP Changes
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
January 22, 2024
Effective
February 21, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving changes to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022. The final rule revision corrects definitions, updates and removes outdated references, clarifies rule applicability in several rules within the Florida SIP, and removes methods to determine visible emissions. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3886-3889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01030]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0660; FRL-11572-02-R4]
Air Plan Approval; Florida; Miscellaneous SIP Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Florida State Implementation Plan (SIP), submitted by the
Florida Department of Environmental Protection (FDEP) on April 1, 2022.
The final rule 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outdated references, clarifies rule applicability in several rules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. EPA is approving the changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule is effective February 21, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0660. All documents in the docket
are listed on the <a href="http://regulations.gov">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 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#3c5e595050124855594e5952457c594c5d125b534a"><span class="__cf_email__" data-cfemail="6d0f080101431904081f0803142d081d0c430a021b">[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\
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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 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 subsection (3) of Rule 62-296.320.
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[[Page 3887]]
Through a notice of proposed rulemaking (NPRM) published on
November 28, 2023 (88 FR 83062), EPA proposed to approve the April 1,
2022, SIP submittal, which corrects definitions, updates and removes
outdated references, clarifies applicability in these rules, and
removes methods to determine visible emissions in Rules 62-296.320 and
62-296.406. The details of the submission, as well as EPA's rationale
for changing these rules, are described in more detail in EPA's
November 28, 2023, NPRM. Comments on the November 28, 2023, NPRM were
due on or before December 28, 2023. EPA received one comment on the
November 28, 2023, NPRM, and it supports EPA's action. No adverse
comments were received.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Rule 62-296.320(4), General Pollutant
Emission Limiting Standards, state effective on July 10, 2014; \3\ Rule
62-296.406, Fossil Fuel Steam Generators with Less Than 250 Million Btu
Per Hour Heat Input, state effective on November 5, 2020; Rule 62-
296.602, Primary Lead-Acid Battery Manufacturing Operations, state
effective on July 10, 2014; Rule 62-296.603, Secondary Lead Smelting
Operations, state effective on July 10, 2014; Rule 62-296.604, Electric
Arc Furnace Equipped Secondary Steel Manufacturing Operations, state
effective on July 10, 2014; Rule 62-296.700, Reasonably Available
Control Technology (RACT) Particulate Matter, state effective on August
14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, state
effective on July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants,
state effective on July 10, 2014; Rule 62-296.705, Phosphate Processing
Operations, state effective on July 10, 2014; Rule 62-296.707, Electric
Arc Furnaces, state effective on July 10, 2014; Rule 62-296.708, Sweat
or Pot Furnaces, state effective on July 10, 2014; Rule 62-296.711,
Materials Handling, Sizing, Screening, Crushing and Grinding
Operations, state effective on July 10, 2014; and Rule 62-296.712,
Miscellaneous Manufacturing Process Operations, 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 State implementation plan, 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.\4\
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\3\ Subsections (1), (2), and (3) of Rule 62-296.320 remain in
the SIP with a state effective date of March 13, 1996.
\4\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the changes to Rule 62-296.320(4), General
Pollutant Emission Limiting Standards; Rule 62-296.406, Fossil Fuel
Steam Generators with Less Than 250 Million Btu Per Hour Heat Input;
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, into the
Florida SIP. EPA is approving these changes because they are consistent
with 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 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. 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
[[Page 3888]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 22, 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) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 16, 2024.
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
``62-296.320,'' ``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'' to read as follows:
Sec. 52.520 Identification of plan.
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(c) * * *
EPA-Approved Florida Laws and Regulations
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State
State citation (section) Title/subject effective EPA approval date Explanation
date
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Chapter 62-296 Stationary Sources--Emission Standards
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* * * * * * *
62-296.320.................. General Pollutant 7/10/2014 1/22/2024, [Insert Except 62-296.320(1),
Emission Limiting citation of (2), and (3),
Standards. publication]. approved on 6/16/
1999, state effective
3/13/1996.
* * * * * * *
62-296.406.................. Fossil Fuel Steam 11/5/2020 1/22/2024, [Insert ......................
Generators with Less citation of
Than 250 million Btu publication].
per Hour Heat Input.
* * * * * * *
62-296.602.................. Primary Lead-Acid 7/10/2014 1/22/2024, [Insert ......................
Battery Manufacturing citation of
Operations. publication].
62-296.603.................. Secondary Lead 7/10/2014 1/22/2024, [Insert ......................
Smelting Operations. citation of
publication].
62-296.604.................. Electric Arc Furnace 7/10/2014 1/22/2024, [Insert ......................
Equipped Secondary citation of
Steel Manufacturing publication].
Operations.
* * * * * * *
62-296.700.................. Reasonably Available 8/14/2019 1/22/2024, [Insert ......................
Control Technology citation of
(RACT) Particulate publication].
Matter.
62-296.702.................. Fossil Fuel Steam 7/10/2014 1/22/2024, [Insert ......................
Generators. citation of
publication].
62-296.704.................. Asphalt Concrete 7/10/2014 1/22/2024, [Insert ......................
Plants. citation of
publication].
62-296.705.................. Phosphate Processing 7/10/2014 1/22/2024, [Insert ......................
Operations. citation of
publication].
62-296.707.................. Electric Arc Furnaces. 7/10/2014 1/22/2024, [Insert ......................
citation of
publication].
62-296.708.................. Sweat or Pot Furnaces. 7/10/2014 1/22/2024, [Insert ......................
citation of
publication].
[[Page 3889]]
62-296.711.................. Materials Handling, 7/10/2014 1/22/2024, [Insert ......................
Sizing, Screening, citation of
Crushing and Grinding publication].
Operations.
62-296.712.................. Miscellaneous 7/10/2014 1/22/2024, [Insert ......................
Manufacturing Process citation of
Operations. publication].
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[FR Doc. 2024-01030 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P
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