Rule2025-16193
Florida; Approval of State Plan for Control of Emissions From Commercial and Industrial Solid Waste Incineration Units
Primary source
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Published
August 25, 2025
Effective
September 24, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency is taking final action to approve a state plan submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on May 31, 2017, that was supplemented on December 19, 2017, and February 2, 2018, for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units. The State plan provides for implementation and enforcement of the EG, as finalized by the EPA on February 7, 2013, and amended on June 23, 2016, applicable to existing CISWI units for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010, but no later than August 7, 2013. The Florida State plan establishes emission limits, monitoring, operating, recordkeeping, and reporting requirements for affected CISWI units.
Full Text
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Rules and Regulations]
[Pages 41303-41306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16193]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2018-0184; FRL-12577-01-R4]
Florida; Approval of State Plan for Control of Emissions From
Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency is taking final action to
approve a state plan submitted by the State of Florida, through the
Florida Department of Environmental Protection (FDEP) on May 31, 2017,
that was supplemented on December 19, 2017, and February 2, 2018, for
implementing and enforcing the Emissions Guidelines (EG) applicable to
existing Commercial and Industrial Solid Waste Incineration (CISWI)
units. The State plan provides for implementation and enforcement of
the EG, as finalized by the EPA on February 7, 2013, and amended on
June 23, 2016, applicable to existing CISWI units for which
construction commenced on or before June 4, 2010, or for which
modification or reconstruction commenced after June 4, 2010, but no
later than August 7, 2013. The Florida State plan establishes emission
limits, monitoring, operating, recordkeeping, and reporting
requirements for affected CISWI units.
DATES: This rule is effective on September 24, 2025. The incorporation
by reference of certain material listed in the rule is approved by the
Director of the Federal Register as of September 24, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R04-OAR-2018-0184. 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 (CBI)
[[Page 41304]]
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 through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or in hard copy form at the Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303-8960. The EPA requests that, if at all
possible, you contact the person identified 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: Mark Bloeth, Regulatory and
Communities Air Toxics Section, Air Analysis and Support Branch, Air
and Radiation Division, U.S. Environmental Protection Agency, Region 4,
61 Forsyth St. SW, Atlanta, Georgia 30303, telephone number: (404) 562-
9013, email address: <a href="/cdn-cgi/l/email-protection#e587898a80918dcb8884978ea5809584cb828a93"><span class="__cf_email__" data-cfemail="294b45464c5d410744485b42694c5948074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (CAA or the Act) directs the
Administrator to develop regulations under that section and section
111(d) of the Act to limit emissions of nine air pollutants
(particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide,
nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) from
four categories of solid waste incineration units: municipal solid
waste incinerators; hospital, medical, and infectious solid waste
incinerators; commercial and industrial solid waste incinerators; and
other solid waste incinerators.
On December 1, 2000, the EPA promulgated new source performance
standards (NSPS) and EG to reduce air pollution from CISWI units, which
are codified at 40 CFR part 60, subparts CCCC and DDDD, respectively.
See 65 FR 75338. The EPA revised the NSPS and EG for CISWI units on
March 21, 2011. See 76 FR 15704. Following promulgation of the 2011
CISWI rule, the EPA received petitions requesting that it reconsider
numerous provisions in the rule. The EPA granted reconsideration on
certain issues and, subsequently, on February 7, 2013, it promulgated a
CISWI reconsideration rule. See 78 FR 9112. Subsequently, the EPA
received petitions to reconsider certain provisions of the NSPS and EG
for CISWI units. On January 21, 2015, the EPA granted reconsideration
on four specific issues and subsequently, on June 23, 2016, it
finalized reconsideration of the CISWI NSPS and EG. See 81 FR 40956.
Following promulgation of the June 23, 2016, final action, the EPA
received requests from industry stakeholders and implementing agencies
to clarify various issues with implementation of the standards. In
addition, the EPA identified certain procedural issues, including
testing and monitoring issues and inconsistencies within the rules,
that required further clarification or correction. To address the
issues, the EPA proposed amendments on June 15, 2018, to several
provisions of the 2016 CISWI NSPS and EG. See 83 FR 28068. On April 16,
2019, the EPA finalized technical amendments to the June 15, 2018,
proposal by promulgating clarifying changes and corrections to the 2016
CISWI rule. See 84 FR 15846.\1\
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\1\ FDEP's July 2, 2020, supplement to its CISWI State Plan
requested, in part, an incorporation by reference of the April 16,
2019, technical amendments to the CISWI EGs. The EPA is not acting
on the changes requested in that supplemental submission and will
address them in a future rulemaking.
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Section 129(b)(2) of the CAA requires states to submit to the EPA
for approval state plans and revisions that implement and enforce the
EG--in this case, 40 CFR part 60, subpart DDDD. State plans and
revisions must be at least as protective as the EG and become federally
enforceable upon approval by the EPA. The procedures for submittal and
adoption of state plans and revisions are codified in 40 CFR part 60,
subpart B.
On May 31, 2017, Florida submitted a state plan to implement and
enforce the EG for existing CISWI units in the State, and submitted
supplements on December 19, 2017, and February 2, 2018.\2\ In a notice
of proposed rulemaking published on June 4, 2018 (83 FR 25633), the EPA
proposed to approve Florida's State plan. Additional information
concerning Florida's State plan submission and the rationale for the
EPA's actions for this final rule are explained in the June 4, 2018,
proposed rulemaking. Comments on the proposed rulemaking were due on or
before July 2, 2018. The EPA received one comment on the proposed
action that is not relevant. The comment is included in the docket to
this action.
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\2\ FDEP submitted an additional supplement on July 2, 2020, to
its CISWI State Plan. The EPA is not acting on the changes requested
in that supplemental submission in this rulemaking.
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II. Final Action
The EPA is finalizing approval of Florida's section 129 State plan
for CISWI units in the State, as submitted on May 31, 2017, and
supplemented on December 19, 2017, and February 2, 2018. The State plan
was submitted in full compliance with the requirements of sections
111(d) and 129 of the CAA, and 40 CFR part 60, subparts B and DDDD.\3\
This approval is based on the rationale provided in the NPRM associated
with this rulemaking. The EPA's approval is in accordance with the
general provisions of plan approval found in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A, and is pursuant to the Agency's role
under 42 U.S.C. 7411(d) and 7429(b). The EPA's approval of Florida's
State plan is limited to those CISWI units that meet the criteria
established in 40 CFR part 60, subpart DDDD, and grants the State
authority to implement and enforce the performance standards and source
requirements of the EG, except in those cases where authorities are
specifically reserved for the EPA Administrator or his designee.
Authorities retained by the EPA Administrator are those listed in 40
CFR 60.2542.
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\3\ CAA section 502(a) requires sources subject to CAA section
111 standards or regulations to operate in compliance with title V
permits. See also 40 CFR 70.1(b). Further, FDEP's approved operating
permit program is required to provide for title V permitting for
``any source . . . subject to a standard, or limitation, or other
requirement under section 111 of the Act.'' See 40 CFR 70.3(a)(2)
and 66 FR 49837 (October 1, 2001). CAA section 502(a) allows the EPA
Administrator to exempt nonmajor source categories from title V
through rulemaking. Therefore, unless exempt, sources in Florida
subject to section 111 standards must obtain title V permits.
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III. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, the EPA is
finalizing regulatory text that includes incorporation by reference of
Florida Administrative Code (FAC) Chapter 62-204.800(9)(f), Commercial
and Industrial Solid Waste Incineration (CISWI) Units, which became
effective in the State of Florida on December 21, 2017. This
incorporation establishes emission standards and compliance times for
the control of air pollutants from certain CISWI units that commenced
construction on or before June 4, 2010, or commenced modification or
reconstruction after June 4, 2010, but no later than August 7, 2013.
FAC Chapter 62-204.800(9)(f), Commercial and Industrial Solid Waste
Incineration (CISWI) Units, provides details regarding Florida's
adoption of the applicability provisions, compliance times, emission
guidelines, operational standards, test methods, compliance provisions,
monitoring requirements, reporting guidelines, recordkeeping
guidelines, and definitions contained in the EPA's emission guidelines
for
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existing CISWI units (40 CFR part 60, subpart DDDD). The emissions
standards and compliance times established within the Florida State
plan are at least as stringent as those required by the EG for existing
CISWI units subject to Subpart DDDD. The EPA has made, and will
continue to make, these materials generally available through the
docket for this action, EPA-R04-OAR-2018-0184, at <a href="https://www.regulations.gov">https://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). This incorporation by reference
has been approved by the Office of the Federal Register as of September
24, 2025, and the plan is federally enforceable under the CAA as of the
effective date of this final rulemaking.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. In reviewing 111(d)/129 plan
submissions, the EPA's role is to approve State choices, provided they
meet the criteria of the CAA and the EPA's implementing regulations.
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 state plan approval 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.);
<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 Florida State plan for existing CISWI units is not
approved to apply on any Indian reservation land or in any other area
where the 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 (CRA), and
the 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 October 24, 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 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride, Incorporation
by reference, Industrial facilities, Intergovernmental relations,
Methane, Ozone, Phosphate, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds, Waste treatment and
disposal.
Kevin McOmber,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR Part
62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Revise Sec. 62.2380 to read as follows:
Sec. 62.2380 Identification of sources.
(a) Identification of plan. Florida's State Plan for Existing
Commercial and Industrial Solid Waste Incineration Units in the State,
as submitted on May 31, 2017, and supplemented on December 19, 2017,
and February 2, 2018. The plan includes the regulatory provisions cited
in paragraph (d) of this section, which the EPA incorporates by
reference.
(b) Identification of sources. The plan applies to each existing
commercial and industrial solid waste incineration unit and air curtain
incineration unit in the State of Florida that commenced construction
on or before June 4, 2010, or commenced modification or reconstruction
after June 4, 2010, but no later than August 7, 2013, as such
incineration units are defined in 40 CFR 60.2875 and 40 CFR part 60.
(c) Effective date. The effective date of the plan is September 24,
2025.
(d) Incorporation by reference. Material listed in this paragraph
(d) is incorporated by reference into this section with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved material is available for inspection at the EPA
and at the National Archives and Records Administration (NARA). Contact
the EPA at: EPA Region 4 office, 61 Forsyth St. SW, Atlanta, Georgia
30303, 404-562-9900. For information on the availability of this
material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#5f392d7136312c2f3a3c2b3630311f313e2d3e71383029"><span class="__cf_email__" data-cfemail="3e584c1057504d4e5b5d4a5751507e505f4c5f10595148">[email protected]</span></a>. The material may be obtained
from the State of Florida--Department of State, Division of
Administrative Services, R.A. Gray Building, 500 South Bronough Street,
Tallahassee, Florida 32399-0250; phone: (850) 245-6550; email:
<a href="/cdn-cgi/l/email-protection#ffbe9b929691968c8b8d9e8b96899abc909b9abf9b908cd192869993908d969b9ed19c9092"><span class="__cf_email__" data-cfemail="5b1a3f36323532282f293a2f322d3e18343f3e1b3f34287536223d373429323f3a75383436">[email protected]</span></a>; website: <a href="https://flrules.org/gateway/ruleNo.asp?id=62-204.800">https://flrules.org/gateway/ruleNo.asp?id=62-204.800</a>.
(1) Florida Administrative Code (FAC) Chapter 62-204.800(9)(f),
Commercial and Industrial Solid Waste Incineration (CISWI) Units,
effective December 21, 2017.
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(2) [Reserved].
[FR Doc. 2025-16193 Filed 8-22-25; 8:45 am]
BILLING CODE 6560-50-P
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