Rule2024-15416
Air Plan Approval; FL; General Provisions Repeals and Amendments
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
July 16, 2024
Effective
August 15, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on August 12, 2022, for the purpose of removing several obsolete, duplicative, or unnecessary rules from the general provisions portion of the Florida SIP. EPA is approving this revision pursuant to the Clean Air Act (CAA or Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 136 (Tuesday, July 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57734-57736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15416]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0211; FRL-11927-02-R4]
Air Plan Approval; FL; General Provisions Repeals and Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Florida Department
of Environmental Protection (FDEP) on August 12, 2022, for the purpose
of removing several obsolete, duplicative, or unnecessary rules from
the general provisions portion of the Florida SIP. EPA is approving
this revision pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective August 15, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0211. 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can
also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#274b46554844444609544655464f6742574609404851"><span class="__cf_email__" data-cfemail="610d00130e0202004f1200130009210411004f060e17">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Florida SIP submitted by the State
on August 12, 2022, to remove several obsolete, duplicative, or
unnecessary rules from the Florida SIP. Specifically, the changes
address Rules 62-204.100, Florida Administrative Code (F.A.C.), Purpose
and Scope; 62-204.200, F.A.C., Definitions; 62-204.220, F.A.C., Ambient
Air Quality Protection; 62-204.240, F.A.C., Ambient Air Quality
Standards; 62-204.260, F.A.C., Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments); and 62-204.400, F.A.C.,
Public Notice and Hearing Requirements for State Implementation Plan
Revisions.\1\ To support the removal of these rules from the SIP,
Florida's August 12, 2022, submittal provides justifications to
demonstrate, pursuant to CAA section 110(l), that the removal would not
interfere with any applicable requirement concerning attainment of the
National Ambient Air Quality Standards (NAAQS) and reasonable further
progress (RFP) or any other applicable requirement of the CAA.
---------------------------------------------------------------------------
\1\ FDEP's August 12, 2022, SIP Revision also included changes
to Rules 62-204.320, 62-204.340, 62-204.360, and 62-204.500. Florida
subsequently withdrew the changes to Rules 62-204.320, 62-204.340,
and 62-204.360 from EPA's consideration. EPA intends to address the
changes to Rule 62-204.500 in a separate rulemaking.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on May 15,
2024 (89 FR 42410), EPA proposed to approve the removal of Rules 62-
204.100, F.A.C., Purpose and Scope; 62-204.200, F.A.C., Definitions;
62-204.220, F.A.C., Ambient Air Quality Protection; 62-204.240, F.A.C.,
Ambient Air Quality Standards; 62-204.260, F.A.C., Prevention of
Significant Deterioration Maximum Allowable Increases (PSD Increments);
and 62-204.400, F.A.C., Public Notice and Hearing Requirements for
State Implementation Plan Revisions, from the Florida SIP. EPA's
rationale for approving the removal of these rules is described in the
May 15, 2024, NPRM. Comments on the May 15, 2024, NPRM were due on or
before June 14, 2024. EPA received three comments on the NPRM. Two of
the comments received on the May 15, 2024, NPRM are not relevant to
this action. The third comment is addressed below. All three comments
are available in the docket for this action.
II. Response to Comments
EPA received one relevant comment on its May 15, 2024, NPRM. EPA
has summarized and responded to the comment below.
Comment: The commenter recommends ``leaving the rules defined as
`unnecessary' to better protect the environment.''
Response: The commenter does not explain how requiring Florida to
maintain unnecessary rules in its SIP would better protect the
environment, nor why EPA's reasons for approving the changes as
required by the CAA is incorrect.
Additionally, EPA disagrees with the commenter's cursory statement.
A SIP is a federally enforceable plan for each State that identifies
how that State will attain and maintain the NAAQS. In formulating its
SIP, each State is given wide discretion so long as it is consistent
with all applicable requirements of the CAA, including section 110(l),
and EPA must approve
[[Page 57735]]
SIP revisions that meet these requirements. See CAA sections 110(a),
(k). EPA initially incorporated Rules 62-204.100, 62-204.200, 62-
204.220, 62-204.240, 62-204.260, and 62-204.400 into the SIP in 1999,
as part of Florida's measures to attain and maintain the NAAQS. See 64
FR 32346. The SIP revision at issue subsequently removes Rules 62-
204.100, 62-204.200, 62-204.220, 62-204.240, 62-204.260, and 62-
204.400. The State has determined that these rules are unnecessary for
one or more of the following reasons: they do not contain any
requirements; certain definitions are not required to be part of the
Florida SIP or are redundant due to subsequent changes in the SIP; and
certain requirements are covered elsewhere in another SIP-approved Rule
or in the Code of Federal Regulations. EPA has determined that this
revision meets all applicable requirements of the CAA. Therefore, EPA
must approve the revision.
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of Rules 62-
204.100, Purpose and Scope; 62-204.200, Definitions; 62-204.220,
Ambient Air Quality Protection; 62-204.240, Ambient Air Quality
Standards; 62-204.260, Prevention of Significant Deterioration Maximum
Allowable Increases (PSD Increments); and 62-204.400, Public Notice and
Hearing Requirements for State Implementation Plan Revisions, from the
Florida SIP, which is incorporated by reference in accordance with the
requirements of 1 CFR part 51, and as discussed in Section I of this
preamble. EPA has made and will continue to make the State
Implementation Plan 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).
IV. Final Action
EPA is approving the August 12, 2022, Florida SIP revision
consisting of the removal of Rules 62-204.100, Purpose and Scope; 62-
204.200, Definitions; 62-204.220, Ambient Air Quality Protection; 62-
204.240, Ambient Air Quality Standards; 62-204.260, Prevention of
Significant Deterioration Maximum Allowable Increases (PSD Increments);
and 62-204.400, Public Notice and Hearing Requirements for State
Implementation Plan Revisions, from the Florida SIP.
V. Statutory and Executive Language
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.
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: July 9, 2024.
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(c), amend the table by removing the entries for
``62-204.100,''
[[Page 57736]]
``62-204.200,'' ``62-204.220,'' ``62-204.240,'' ``62-204.260,'' and
``62-204.400.''
[FR Doc. 2024-15416 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 16, 2024.
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.