Rule2024-22135
Air Plan Approval; FL; Surface Coating of Miscellaneous Metal Parts and Products 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
September 27, 2024
Effective
October 28, 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 October 12, 2022. EPA is approving changes allowing the option for aerospace parts and products coating operations in Florida to comply with Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements in lieu of the volatile organic compound (VOC) standards in Florida's Surface Coating of Miscellaneous Metal Parts and Products (MMPP) rule (hereinafter referred to as FL MMPP Rule) in the Florida SIP. EPA has determined that the changes included in Florida's October 12, 2022, submission are consistent with the applicable provisions of the Clean Air Act (CAA or Act) and its implementing regulations.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79147-79150]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22135]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0273; FRL-12121-02-R4]
Air Plan Approval; FL; Surface Coating of Miscellaneous Metal
Parts and Products Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Florida Department
of Environmental Protection (FDEP) on October 12, 2022. EPA is
approving changes allowing the option for aerospace parts and products
coating operations in Florida to comply with Federal National Emission
Standards for Hazardous Air Pollutants (NESHAP) requirements in lieu of
the volatile organic compound (VOC) standards in Florida's Surface
Coating of Miscellaneous Metal Parts and Products (MMPP) rule
(hereinafter referred to as FL MMPP Rule) in the Florida SIP. EPA has
determined that the changes included in Florida's October 12, 2022,
submission are consistent with the applicable provisions of the Clean
Air
[[Page 79148]]
Act (CAA or Act) and its implementing regulations.
DATES: This rule is effective October 28, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0273. 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 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: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#98d2f9eaeef1ebb6cbf1f5f7f6fdd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="f2b89380849b81dca19b9f9d9c97b2978293dc959d84">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the Florida SIP submitted by the State
on October 12, 2022. The changes address the FL MMPP Rule--Rule 62-
296.513, Surface Coating of Miscellaneous Metal Parts and Products,
which provides specific reasonably available control technology (RACT)
requirements for sources in Broward, Duval, Hillsborough, Miami-Dade,
Orange, Palm Beach, or Pinellas Counties that apply surface coatings to
any number of metal parts and products, to limit their VOC emission
rates, including surface coating at aerospace manufacturing
operations.\1\ However, sources are exempt from this rule if they emit
no more than 15 pounds in any one day and no more than three pounds in
any one hour. The FL MMPP Rule was incorporated into the Florida SIP to
address the RACT requirements for areas that were designated
nonattainment for the 1979 1-hour ozone standard.\2\ EPA redesignated
these areas to attainment in 1995.\3\
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\1\ See Rule 62-296.500(3)(a).
\2\ On November 6, 1991, EPA designated and classified the
Miami-Fort Lauderdale-W. Palm Beach Area (i.e., Broward, Dade, and
Palm Beach Counties) as moderate nonattainment for the 1979 1-hour
ozone NAAQS; the Jacksonville Area (i.e., Duval County) as
transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area
(i.e., Hillsborough and Pinellas Counties) as marginal
nonattainment; and Orange County as attainment. See 56 FR 56694.
Among the requirements applicable to nonattainment areas for the 1-
hour ozone NAAQS was the requirement to amend the SIPs for areas to
satisfy the requirements of section 183 of the CAA.
\3\ See 60 FR 41 for the Jacksonville, FL (Duval County)
redesignation. See 60 FR 10325 for the Miami-Fort Lauderdale-W. Palm
Beach, FL (Miami-Dade, Broward, and Palm Beach Counties)
redesignation. See 60 FR 62748 for the Tampa-St. Petersburg-
Clearwater, FL (Hillsborough and Pinellas Counties) redesignation.
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Through a notice of proposed rulemaking (NPRM) published on July
30, 2024 (89 FR 61055), EPA proposed to approve changes to the State's
MMPP Rule, which revises the SIP to provide that aerospace parts and
products coating operations classified as area sources of hazardous air
pollutants (HAPs) may, in lieu of complying with the VOC requirements
of the FL MMPP Rule, instead comply with specified elements of EPA's
NESHAP for Aerospace Manufacturing and Rework Facilities at 40 CFR part
63, subpart GG (Aerospace NESHAP). Major sources of HAPs, which are
required to comply with the Aerospace NESHAP, would also be exempt from
the FL MMPP Rule. In this rulemaking, EPA is finalizing its approval of
Florida's October 12, 2022, request to incorporate the changes to the
FL MMPP Rule into the Florida SIP. EPA's rationale for approving the
changes is described in the July 30, 2024, NPRM. Comments on the July
30, 2024, NPRM were due on or before August 29, 2024. EPA received
three sets of comments on the NPRM. EPA received two sets of
substantively identical comments from the same commenter. These
comments are addressed below and are available in the docket for this
action. The third set of comments is not relevant to this action and is
excluded from the docket.
II. Response to Comments
EPA received two substantively identical sets of comments on the
July 30, 2024, NPRM from Clean Future (Commenter). EPA has summarized
and responded to the comments below:
Comments: The Commenter supports EPA's action and suggests that
``the EPA offer a thorough analysis of the anticipated decreases in VOC
emissions as a consequence of these adjustments.'' The Commenter goes
on to ``urge the EPA to make certain that the revised SIP offers
sufficient assistance to impacted industries and contains explicit
guidelines for compliance.'' Lastly, the Commenter ``recommend[s] that
the EPA establish a mechanism for periodic review and adjustment of the
regulations to incorporate new developments and address any unforeseen
challenges.''
Response: EPA appreciates the Commenter's support for this action.
Due to the general nature of the Commenter's requests and suggestions,
EPA is only able to provide general responses.
The scope of EPA's review in evaluating SIP revisions is limited to
the process in CAA section 110 and EPA's implementing regulations
codified at 40 CFR part 51. Under CAA section 110, States have broad
discretion to choose the mix of emission limitations and other control
measures, means, or techniques that they will implement (or update)
through a SIP to provide for attainment and maintenance of national
ambient air quality standards (NAAQS). EPA's role, with respect to a
SIP revision, is focused on reviewing the submission to determine
whether it meets the minimum criteria of the CAA. These minimum
criteria include CAA section 110(l) which prohibits EPA from approving
a SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. Where a
SIP revision meets the minimum CAA criteria, EPA must approve the
submission. When approving a SIP revision, the Agency is not
establishing its own requirements for the State to implement. If, at
any time, EPA finds that a SIP is inadequate to attain or maintain the
relevant NAAQS or otherwise does not comply with the CAA, EPA has the
authority under CAA section 110(k)(5) to require the State to revise
its SIP to correct such inadequacies.
Regarding the suggestion that EPA provide a thorough analysis of
anticipated decreases in VOC emission associated with this SIP
revision, EPA discussed the potential changes in VOC emissions in the
NPRM, and the Commenter has not pointed to any specific concerns with
EPA's analysis of VOC emissions. In the NPRM, EPA noted that the SIP
revision would allow
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some sources to apply coatings with a higher VOC content, which has the
potential to increase VOC emissions. However, EPA also noted that with
all counties in Florida attaining the 1997, 2008, and 2015 ozone, as
well as the 2006 and 2012 PM<INF>2.5</INF> NAAQS, and anticipated to
attain the 2024 PM<INF>2.5</INF> NAAQS based on 2021-2023 monitoring
data,\4\ it is unlikely that any de minimis increase in the potential
to emit VOCs from aerospace coating operations facilities would impact
any NAAQS.\5\ Thus, EPA has concluded that this SIP revision is
consistent with the CAA and its implementing regulations and would not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171), or any other
applicable requirement of the Act.
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\4\ See <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>.
\5\ There are six NAAQS established to protect human health and
the environment. These NAAQS are carbon monoxide (CO), lead,
nitrogen dioxide (NO<INF>2</INF>), ozone, particulate matter (PM)--
including PM<INF>2.5</INF> and PM<INF>10</INF>, and sulfur dioxide
(SO<INF>2</INF>). EPA does not believe that there would be any
changes in emissions of CO, lead, NO<INF>2</INF>, or SO<INF>2</INF>
from this change to the FL SIP.
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EPA initially incorporated the FL MMPP Rule into the SIP as part of
Florida's measures to attain and maintain the NAAQS.\6\ The SIP
revision does not impose new requirements on the covered coating
operations, but rather adds an exemption from an existing SIP
requirement for sources that comply with the established standards of
the Aerospace NESHAP. Given the limited nature of this SIP revision and
EPA's role in reviewing SIP revisions discussed above, the Commenter's
suggestion that the revised SIP provide industry assistance and contain
explicit guidelines for compliance, as well as the Commenter's
recommendation the EPA establish a mechanism for periodic review and
adjustment of regulations to incorporate new developments and
unforeseen challenges are beyond the scope of EPA's review. Regarding
the Commenter's recommendation to establish a mechanism for periodic
review and adjustment of regulations to incorporate new developments
and challenges, EPA reiterates that it has the authority to issue a SIP
call under CAA section 110(k)(5) if, at any time, it finds the SIP to
be inadequate to attain or maintain the relevant NAAQS or otherwise
does not comply with the CAA.
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\6\ On November 6, 1991, EPA designated and classified the
Miami-Fort Lauderdale-W. Palm Beach Area (i.e., Broward, Dade, and
Palm Beach Counties) as moderate nonattainment for the 1979 1-hour
ozone NAAQS; the Jacksonville Area (i.e., Duval County) as
transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area
(i.e., Hillsborough and Pinellas Counties) as marginal
nonattainment; and Orange County as attainment. See 56 FR 56694.
Among the requirements applicable to nonattainment areas for the 1-
hour ozone NAAQS was the requirement to amend the SIPs for areas to
satisfy the requirements of section 183 of the CAA.
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III. 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 Sections I and II of this preamble, EPA
is finalizing the incorporation by reference of Florida Rule 62-
296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and
Products, State effective on June 16, 2022. 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.\7\
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\7\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the October 12, 2022, Florida SIP revision
consisting of amendments to Rule 62-296.513, F.A.C., Surface Coating of
Miscellaneous Metal Parts and Products, in the Florida SIP. EPA has
evaluated Florida's October 12, 2022, SIP revision, and determined that
the changes will not interfere with any applicable requirement
concerning attainment or any other applicable requirement of the CAA.
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. 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 rulemaking 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 communities with environmental justice
(EJ) to the greatest extent practicable and permitted by law. EPA
defines 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
[[Page 79150]]
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 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. 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
environmental justice for communities with EJ concerns.
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 November 26, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 20, 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 paragraph (c), amend the table by revising the entry
for ``62-296.513'' 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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62-296.513...................... Surface Coating of 6/16/2022 9/27/2024, [Insert .......................
Miscellaneous first page of
Metal Parts and Federal Register
Products. citation].
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[FR Doc. 2024-22135 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P
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