Rule2025-12602
Air Plan Approval; Florida; Revisions to Stationary Sources-Removal of Clean Air Interstate Rule Provisions
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 7, 2025
Effective
August 6, 2025
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 15, 2023. The revision removes certain Clean Air Interstate Rule (CAIR)-related definitions, and CAIR-related portions of certain definitions, in the Stationary Sources--General Requirements chapter of the Florida SIP because they have become obsolete. EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Rules and Regulations]
[Pages 29745-29748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12602]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0049; FRL-12620-02-R4]
Air Plan Approval; Florida; Revisions to Stationary Sources--
Removal of Clean Air Interstate Rule Provisions
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 August 15, 2023. The revision
removes certain Clean Air Interstate Rule (CAIR)-related definitions,
and CAIR-related portions of certain definitions, in the Stationary
Sources--General Requirements chapter of the Florida SIP because they
have become obsolete. EPA is approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective August 6, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0049. 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: Mr. Steven Scofield, Multi-Air
Pollutant Coordination 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. The
telephone number is (404) 562-9034. Mr. Scofield can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#ee9d8d8188878b828ac09d9a8b988bae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="2350404c454a464f470d5057465546634653420d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving a SIP revision submitted by FDEP on August 15,
2023, seeking to remove certain CAIR-related definitions, and CAIR-
related portions of certain definitions, from Chapter 62-210,
Stationary Sources--General Requirements, of the Florida SIP.\1\
Specifically, this final action addresses definitional changes adopted
by the State, effective July 3, 2018, to SIP-approved Rule 62-210.200,
Definitions. These definitions are referenced throughout Chapter 62-210
and in other parts of the SIP. Approval of these changes improves
consistency with Federal and State regulations.
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\1\ The August 15, 2023, submittal contains revisions to other
Florida SIP-approved rules that are not addressed in this action.
EPA will act on those rule changes in separate rulemakings.
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The following definitions are being removed from the SIP: 62-
210.200(52) ``CAIR''; 62-210.200(53) ``CAIR NO<INF>X</INF> Allowance'';
62-210.200(54) ``CAIR NO<INF>X</INF> Annual Trading Program''; 62-
210.200(55) ``CAIR NO<INF>X</INF> Ozone Season Allowance''; 62-
210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading Program''; 62-
210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit''; 62-210.200(58)
``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR Part or CAIR
Unit''; 62-210.200(60) ``CAIR Program''; 62-210.200(61) ``CAIR
SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR SO<INF>2</INF>
Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF> Unit''; and 62-
210.200(64) ``CAIR Source''; 62-210.200(65). This action also removes
the CAIR-related
[[Page 29746]]
portions of 62-210.200(91) ``Commence Operation'' (removing paragraph
(b)) and 62-210.200(115) ``Designated Representative'' (removing
paragraph (b) and moving paragraph (c) to paragraph (b)).
Through a notice of proposed rulemaking (NPRM) published on March
28, 2025 (90 FR 14059), EPA proposed to approve these changes because
CAIR is no longer operative; EPA previously removed Florida's CAIR rule
from the SIP,\2\ and the changes therefore would not interfere with any
applicable requirement concerning attainment of the NAAQS or any other
applicable requirement of the Act.\3\ The removal of other CAIR-related
definitions was also requested as part of this August 15, 2023, SIP
submission; however, EPA will address these changes in a separate
rulemaking. EPA's rationale for approving the removal or modification
of the above definitions is described in the March 28, 2025, NPRM and
further discussed in Section II, below. Comments on the NPRM were due
on or before April 28, 2025. EPA received four comments on the NPRM.
All four comments are available in the docket for this action.
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\2\ A summary and timeline of the federal and State alterations
to the CAIR regulations can be found in Appendix A of Florida's
August 15, 2023, SIP submission, starting on page 1147. The
submission can be found in the docket for this rulemaking, Docket ID
No. EPA-R04-OAR-2024-0049 at <a href="http://regulations.gov">regulations.gov</a>. EPA removed Florida's
former CAIR rule from the SIP on October 3, 2023 (88 FR 67963).
\3\ See 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
CAA Section 171), or any other applicable requirement of the Act.
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II. Response to Comments
EPA has summarized and responded to the four comments below.
Comment 1: Two of the commenters recommend that EPA disapprove the
proposed revisions to the Florida SIP. Among other things, the
commenters mention land use development and its impacts. One commenter
adds that strict air quality standards and penalties are needed, and
one commenter adds that CAIR should be reinstated.
Response 1: EPA disagrees that the Agency should disapprove the SIP
revision. EPA is acting on a SIP revision submitted pursuant to the CAA
that merely removes unnecessary and obsolete CAIR-related definitions,
and CAIR-related portions of certain definitions, from the SIP. The SIP
revision is unrelated to land use development and has no impact on air
quality. As discussed in the NPRM, in response to the United States
Court of Appeals for the District of Columbia Circuit's remand of CAIR,
EPA published the Cross-State Air Pollution Rule (CSAPR) to address the
good neighbor provision for the 1997 ozone NAAQS, the 1997 fine
particulate matter (PM<INF>2.5</INF>) NAAQS, and the 2006
PM<INF>2.5</INF> NAAQS. See 76 FR 48208 (August 8, 2011). Through
subsequent litigation over CSAPR, EPA continued to implement CAIR until
December 31, 2014. CSAPR became effective on January 1, 2015. EPA
determined that CSAPR does not apply to Florida after demonstrating
that Florida does not contribute significantly to nonattainment in, or
interfere with maintenance by, any other State with respect to the
covered NAAQS. See 81 FR 74504, 74506 (October 26, 2016). Because CSAPR
replaced CAIR and EPA previously determined that CSAPR does not apply
to Florida, neither of these rules have any applicability in Florida
today, and CAIR cannot be reinstated in Florida. EPA removed Florida's
former CAIR rule--Rule 62-296.470, Implementation of Federal Clean Air
Interstate Rule--from the SIP on October 3, 2023. See 88 FR 67963.
Comment 2: The third commenter supports approval of Florida's SIP
revision. The commenter suggests that EPA provide a ``clear side-by-
side list showing which terms are being removed and what's staying the
same'' and explain if these changes affect how Florida monitors or
controls air pollution.
Response 2: Regarding the suggestion for a side-by-side list, it is
unclear what the commenter would find helpful. The August 25, 2023, SIP
submission identifies what is in the SIP for each rule selected for
modification, what changes are requested, and what the SIP would look
like if each change is adopted. The NPRM and this notice of final
rulemaking also provide a list of each removed and revised definition
along with the rule numbers. Except for these removed and revised
definitions, the SIP will remain the same.
Regarding an explanation about impacts on the monitoring and
control of air pollution, there is no impact because no air quality
standards, emission standards, or any other SIP requirements are being
relaxed or removed in this action. As discussed above and in the NPRM,
Florida's CAIR trading program, as well as the corresponding EPA
program, have not been implemented since 2014, and the rules and
regulations related to these programs have already been removed or
replaced. Therefore, EPA is removing the CAIR-related definitions, and
CAIR-related portions of certain definitions, because they are
unnecessary and obsolete.
Comment 3: The fourth commenter suggests that EPA should require a
supplemental environmental justice analysis; identify how its action
complies with the CAA ``good neighbor'' obligations under CAA section
110(a)(2)(D)(i)(I); establish a periodic SIP review process with
Florida to remove obsolete rule text within five years of rule changes;
provide community outreach with Florida for SIP revisions removing
major regulatory programs; archive references to CAIR-related programs
and definitions in EPA's docket system; conduct an impact analysis to
ensure the action does not create unintended gaps in Florida's SIP that
could weaken enforcement; verify that the action does not conflict with
the 2015 ozone and 2020 PM<INF>2.5</INF> NAAQS; confirm that the action
does not reduce any public health protections; confirm whether any
consultation with Tribal governments was conducted or deemed
unnecessary under Executive Order 13175; and acknowledge that ``strong
SIP clarity supports broader national climate justice goals by ensuring
foundational air quality protections remain enforceable.''
Response 3: EPA disagrees with the comment that EPA should require
an environmental justice analysis to ensure that this action does not
unintentionally impact pollution control standards for vulnerable
communities. As discussed above and in the NPRM, the aforementioned
definitions and portions of definitions subject to this action no
longer function in Florida's SIP because CAIR is no longer operative,
and EPA previously removed Florida's CAIR rule from the SIP. No air
quality standards, emission standards, or any other SIP requirements
are being relaxed or removed in this action. Furthermore, the CAA does
not require consideration of environmental justice in SIP actions, and
Executive Order 14148--``Initial Rescission of Harmful Executive Orders
and Actions'' (90 FR 8237; January 28, 2025) revoked past Executive
Orders related to environmental justice.
Regarding the comments that EPA should document and publish how
this action complies with CAA section 110(a)(2)(D)(i)(I) to prevent
interstate air pollution; EPA should verify that this action does not
conflict with obligations under the ozone and PM<INF>2.5</INF> NAAQS;
and EPA should include a statement that this action does not reduce
public health protections, this action has no impact on air quality for
the reasons discussed above, and therefore, has no
[[Page 29747]]
impact on interstate air pollution, the NAAQS, or public health.
Regarding the comments that Florida and EPA should establish a
periodic SIP review process, and that EPA should acknowledge that SIP
clarity supports national climate justice goals by ensuring
foundational air quality protections remain enforceable, these comments
are beyond the scope of this action. This action is solely focused on
the individual definitional changes in Florida's August 15, 2023, SIP
revision.
Regarding public engagement, the CAA and its implementing
regulations require states to provide public notice, the opportunity to
submit written comments, and the opportunity to request a public
hearing on each SIP revision. See CAA section 110(a)(2); 40 CFR 51.102;
Appendix V to 40 CFR part 51. Florida's SIP revision met these
requirements. Furthermore, EPA provided public notice and the
opportunity for comment on this action approving the revision.
Regarding recordkeeping and transparency, the rulemaking docket for
this action will remain available at <a href="http://www.regulations.gov">www.regulations.gov</a>. Moreover, EPA
provides regular updates to the public on its incorporation by
reference of state and local regulations approved into SIPs and
maintains a public compilation of the SIP, including a summary of
citations for past actions.\4\
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\4\ Florida's SIP is available at the following website: <a href="https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4">https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-4</a>. Specific regulatory provisions
incorporated into Florida's SIP are available at the following
website: <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-florida-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-florida-sip</a>.
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Regarding an analysis of potential issues with enforceability of
the SIP as a result of removing the aforementioned definitions and
portions of definitions, there is no impact on enforceability because,
as stated in the NPRM and this notice, the definitions and portions of
definitions subject to this action no longer function in Florida's SIP
because CAIR is no longer operative, and EPA previously removed
Florida's CAIR rule from the SIP.
Regarding tribal consultation under Executive Order 13175, as noted
in the NPRM, 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, and 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).
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 Section I of this preamble, EPA is
finalizing the incorporation by reference of Florida Rule 62-210.200,
Definitions, state-effective on October 23, 2013 with the exception of
the following: 62-210.200(52) ``CAIR''; 62-210.200(53) ``CAIR
NO<INF>X</INF> Allowance''; 62-210.200(54) ``CAIR NO<INF>X</INF> Annual
Trading Program''; 62-210.200(55) ``CAIR NO<INF>X</INF> Ozone Season
Allowance''; 62-210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading
Program''; 62-210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit'';
62-210.200(58) ``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR
Part'' or ``CAIR Permit''; 62-210.200(60) ``CAIR Program''; 62-
210.200(61) ``CAIR SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR
SO<INF>2</INF> Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF>
Unit''; 62-210.200(64) ``CAIR Source''; 62-210.200(65) ``CAIR Unit'';
62-210.200(91) ``Commence Operation''; and 62-210.200(115) ``Designated
Representative''.\5\ EPA is also incorporating by reference the
modified definitions of 62-210.200(79) ``Commence Operation'' and 62-
210.200(103) ``Designated Representative,'' which became state-
effective on July 3, 2018.\6\ 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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\5\ These CAIR-related definitions were removed from the state-
effective version of Rule 62-210.200 on July 3, 2018. EPA is also
not incorporating by reference the definitions of ``animal
crematory''; ``biological waste''; ``biological waste incinerator'';
``biomedical waste''; ``capture efficiency''; ``cast polymer
operation''; ``human crematory''; ``major source of air pollution,''
``major source,'' or ``title V source''; ``printed interior
panels''; ``unit-specific applicable requirement''; and ``waste-to-
energy facility'' as identified in the regulatory table entry for
Rule 62-210.200 at 40 CFR 52.520(c). As finalized, the table entry
for Rule 62-210.200 at 40 CFR 52.520(c) will retain these exclusions
and retain the note that ``The ethanol production facility exclusion
within the definition of ``major stationary source'' at 62-210.200
does not apply to 62-212.500.''
\6\ These definitions are numbered 62-210.200(91) and 62-
210.200(115), respectively, in the current SIP. As finalized, the
SIP will contain two definitions numbered 62-210.200(79) and two
definitions numbered 62-210.200(103). The August 15, 2023, submittal
requests that EPA remove all definition numbers from 62-210.200 in
the SIP, retaining the alphabetical order of the definitions. EPA
will act on that change in a separate rulemaking.
\7\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the August 15, 2023, Florida SIP revision that
removes Rules 62-210.200(52) ``CAIR''; 62-210.200(53) ``CAIR
NO<INF>X</INF> Allowance''; 62-210.200(54) ``CAIR NO<INF>X</INF> Annual
Trading Program''; 62-210.200(55) ``CAIR NO<INF>X</INF> Ozone Season
Allowance''; 62-210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading
Program''; 62-210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit'';
62-210.200(58) ``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR
Part'' or ``CAIR Permit''; 62-210.200(60) ``CAIR Program''; 62-
210.200(61) ``CAIR SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR
SO<INF>2</INF> Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF>
Unit''; 62-210.200(64) ``CAIR Source''; and 62-210.200(65) ``CAIR
Unit''; and modifies Rules 62-210.200(91) ``Commence Operation'' and
62-210.200(115) ``Designated Representative.''
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 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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.);
[[Page 29748]]
<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).
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 September 5, 2025. 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: June 25, 2025.
Kevin McOmber,
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
0
2. In Sec. 52.520(c), amend the table by revising the entry for ``62-
210.200.''
The amendment reads as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Laws and Regulations
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State
State citation Title/subject effective EPA approval date Explanation
(section) date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200............ Definitions........... 10/23/2013 July 7, 2025, 90 The ethanol production facility
FR [Insert exclusion within the definition
Federal Register of ``major stationary source''
page where the at 62-210.200 does not apply to
document begins]. 62-212.500. Except the
following definitions: ``animal
crematory''; ``biological
waste''; ``biological waste
incinerator''; ``biomedical
waste''; ``capture
efficiency''; ``cast polymer
operation''; ``human
crematory''; ``major source of
air pollution,'' ``major
source,'' or ``title V
source''; ``printed interior
panels''; ``unit-specific
applicable requirement'';
``waste-to-energy facility'';
``CAIR''; ``CAIR NOX
Allowance''; ``CAIR NOX Annual
Trading Program''; ``CAIR NOX
Ozone Season Allowance'';
``CAIR NOX Ozone Season Trading
Program''; ``CAIR NOX Ozone
Season Unit''; ``CAIR NOX
Unit''; ``CAIR Part'' or ``CAIR
Permit''; ``CAIR Program'';
``CAIR SO2 Allowance''; ``CAIR
SO2 Trading Program''; ``CAIR
SO2 Unit''; ``CAIR Source'';
and ``CAIR Unit''; and except
for ``Commence Operation'' and
``Designated Representative''
approved on July 7, 2025, state
effective 7/3/2018.
* * * * * * *
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[FR Doc. 2025-12602 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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