Proposed Rule2026-10207
Air Plan Approval; FL; Emissions Reporting Requirements and Permitting Forms
Primary source
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Published
May 21, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on August 15, 2023. The proposed revision makes minor updates to reporting requirements; adds, updates, and renames forms for several permit applications; renumbers and updates the effective dates of various forms to align with programmatic changes; and improves the process for submitting forms across several rules within the Florida SIP. Additionally, the revision removes a rule concerning administrative permit corrections from the SIP. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Proposed Rules]
[Pages 29924-29926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10207]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0484; FRL-13036-01-R4]
Air Plan Approval; FL; Emissions Reporting Requirements and
Permitting Forms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on August 15,
2023. The proposed revision makes minor updates to reporting
requirements; adds, updates, and renames forms for several permit
applications; renumbers and updates the effective dates of various
forms to align with programmatic changes; and improves the process for
submitting forms across several rules within the Florida SIP.
Additionally, the revision removes a rule concerning administrative
permit corrections from the SIP. EPA is proposing to approve these
changes pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before June 22, 2026.
[[Page 29925]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0484 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jeannie Williamson, Supervisor, 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. The
telephone number is (404) 562-9402. Ms. Williamson can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#d6a1bfbababfb7bba5b9b8f8bcb3b7b8b8bfb396b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="86f1efeaeaefe7ebf5e9e8a8ece3e7e8e8efe3c6e3f6e7a8e1e9f0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 15, 2023, FDEP submitted a SIP revision to EPA regarding
Chapter 62-210 Florida Administrative Code (F.A.C.), Stationary
Sources--General Requirements. In Florida's August 15, 2023,
submission, the State is requesting that EPA approve the removal of
Rule 62-210.360, Administrative Permit Corrections, in its entirety and
approve changes to Rule 62-210.370, Emissions Computation and
Reporting, and Rule 62-210.900, Forms and Instructions.\1\ The August
15, 2023, SIP revision intends to streamline the SIP by removing
procedures for facility owners or operators to request minor
administrative corrections to existing permits. Additionally, the SIP
revision seeks to update reporting requirements, revise and streamline
FDEP forms for various permit applications, renumber and update the
effective dates of forms to align with programmatic changes, and
enhance the process for submitting forms across several rules in the
Florida SIP. Further discussion of what the State submitted and why EPA
is proposing to approve these changes to the Florida SIP is provided in
the following section.
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\1\ The August 15, 2023, submittal contains revisions to other
Florida SIP-approved rules that are not addressed in this document.
EPA will act on those rule changes in separate rulemakings.
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II. EPA's Analysis of Florida's August 15, 2023, SIP Revision
A. Rule 62-210.360, Administrative Permit Corrections
The State requests that EPA remove Rule 62-210.360, Administrative
Permit Corrections, in its entirety from the Florida SIP. Rule 62-
210.360 outlines the process for facility owners to request minor
administrative corrections to existing air permits and to incorporate
requirements resulting from new or revised construction permits into
their operating permits. In addition to currently being approved into
Florida's SIP, this regulation is also part of Florida's federally
approved major stationary source operating permit program, required by
title V of the CAA. See 60 FR 32292 (June 21, 1995); 60 FR 49343
(September 25, 1995); 66 FR 49837 (October 1, 2001). While FDEP
requests the removal of this rule from the SIP, it would remain part of
the title V program. Consequently, administrative permit amendments
will continue to be available for modifications to title V permits in
Florida.
The New Source Review (NSR) regulations at 40 CFR part 51.160-166
do not require administrative permit corrections procedures such as
those in Rule 62-210.360 to be included in SIPs. Florida concludes that
removing this rule from the SIP will not impact ambient air quality or
the State's ability to permit and regulate major and minor stationary
sources, nor will it affect Florida's ability to attain and maintain
the NAAQS because the rule does not authorize the construction or
modification of any regulated emissions unit or facility and the
administrative permit corrections under Rule 62-210.360 cannot
substantively change a permit to alter conditions affecting stationary
sources' potential to emit, applicable emission limits, performance
standards, or monitoring, recordkeeping, or reporting requirements. EPA
agrees that this rule is not required for SIP purposes and is therefore
proposing to approve the removal of Rule 62-210.360 from Florida's SIP,
as the removal of this rule will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. See CAA section 110(l).
B. Rule 62-210.370, Emissions Computation and Reporting
The State requests that EPA approve into the SIP a revised version
of Rule 62-210.370, Emissions Computation and Reporting. EPA most
recently approved a modification to this rule on June 27, 2008. See 73
FR 36435. Rule 62-210.370 ensures that facilities in the State
accurately determine and report their air pollution emissions, and
these general procedures are also used for determining actual
emissions, baseline actual emissions, and net emissions increases for
NSR permitting purposes. This rule also satisfied the State's emissions
statement requirements pursuant to CAA section 182(a)(3)(B) for areas
which were designated as nonattainment for the 1-hour ozone NAAQS.\2\
This rule generally facilitates how Florida manages air quality
planning by providing a mechanism through which to collect and
understand stationary source emissions information.
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\2\ All of Florida's ozone nonattainment areas were redesignated
to unclassifiable/attainment for the 1979 1-hour ozone NAAQS in
1995. See 60 FR 41 (January 3, 1995); 60 FR 10325 (February 24,
1995); and 60 FR 62748 (December 7, 1995). On June 15, 2005, the 1-
Hour Ozone NAAQS was revoked for all areas except the 8-Hour Ozone
nonattainment Early Action Compact areas (70 FR 44470).
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The requested changes update the deadline to submit annual
operating reports from March 1 of each year to April 1 of each year,
add a cross-reference to Rule 62-213.205 within subsection 62-
210.370(1), and include other minor wording changes. EPA is proposing
to approve these revisions to Rule 62-210.370 since they are
administrative in nature and will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. See CAA section 110(l).
C. Rule 62-210.900, Forms and Instructions
Florida has revised Rule 62-210.900, Forms and Instructions,
several times since the rule was last modified in the SIP. In general,
this rule adopts and incorporates the referenced forms (as of the
effective date) used by FDEP in its stationary source control program
into the SIP. Under Florida's proposed SIP revision, forms included
within subsections 62-210.900((1) through (4) and (7)) would not be
included in the
[[Page 29926]]
SIP. Forms included within subsections 62-210.900(5) and (6) would be
included in the SIP. The form adopted by reference within 62-210.900(5)
is entitled Annual Operating Report for Air Pollutant Emitting Facility
[Including Title V Source Emission Fee Calculation], Form and
Instructions (DEP Form No. 62-210.900(5), Effective 6-22-17. The form
adopted by reference within 62-210.900(6) is entitled Facility
Relocation Notification Form (DEP Form No. 62-210.900(6), Effective 7-
3-18. Florida has also added web addresses within Rule 62.210.900 for
these forms.
Under Florida's proposal, existing forms currently adopted into the
SIP at subparagraphs 1, 2, 3, and 4 of Rule 62-210.900 would be
removed, including air permit application forms. The State explains
that these forms are not necessary for SIP purposes because they do not
relate directly to emission limits, emission control standards, or
substantive requirements relating to air emissions or the potential to
emit air emissions.
For the reasons discussed above, these proposed changes to the SIP
would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. See CAA section 110(l). Therefore, EPA is
proposing to approve the aforementioned changes to Rule 62-210.900 into
the Florida SIP.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Sections I and II
of this preamble, EPA is proposing to incorporate by reference Florida
Rule 62-210.370, Emissions Computation and Reporting, state effective
August 25, 2014, and Rule 62-210.900, Forms and Instructions, with the
exception of numbered paragraphs 1 through 4 and 7, state effective
July 3, 2018; which add, update, and rename forms; renumber and update
the effective dates of various forms to reflect programmatic changes;
update the process for submitting forms in several of Florida's rules;
and make other minor revisions.\3\ Also in this document, EPA is
proposing to remove Florida Rule 62-210.360, Administrative Permit
Corrections, state effective November 23, 1994, from the Florida SIP,
which is incorporated by reference in accordance with the requirements
of 1 CFR part 51. 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).
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\3\ If this rulemaking is finalized, the SIP-approved version of
Rule 62-210.900 will only contain numbered paragraphs 5 and 6 and
the preceding unnumbered paragraph, state effective July 3, 2018.
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IV. Proposed Action
For the reasons discussed above, EPA is proposing to approve the
August 15, 2023, SIP revision submitted by Florida consisting of
changes to Rule 62-210.370, Emissions Computation and Reporting, state
effective August 25, 2014, and Rule 62-210.900, Forms and Instructions,
state effective July 3, 2018. EPA is also proposing to remove Rule 62-
210.360, Administrative Permit Corrections, state effective November
23, 1994, from the Florida SIP. EPA is proposing to approve these
changes pursuant to 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
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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 an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 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).
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 14, 2026.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2026-10207 Filed 5-20-26; 8:45 am]
BILLING CODE 6560-50-P
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