Air Plan Approval; FL; Emissions Reporting Requirements and Permitting Forms

Issuing agencies

Abstract

The U.S. 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 updates 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. The EPA is approving these changes pursuant to the Clean Air Act (CAA or Act).

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Rules and Regulations]
[Pages 55272-55274]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17490]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2024-0484; FRL-13036-02-R4]


Air Plan Approval; FL; Emissions Reporting Requirements and 
Permitting Forms

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. 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 updates 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. The EPA is 
approving these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective September 28, 2026.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R04-OAR-2024-0484. 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. The EPA requests 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: Josue Ortiz Borrero, 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) 562-8085. Mr. Ortiz Borrero can also be reached via electronic 
mail at <a href="/cdn-cgi/l/email-protection#5d322f2934273f322f2f382f327337322e28381d382d3c733a322b"><span class="__cf_email__" data-cfemail="fd928f8994879f928f8f988f92d397928e8898bd988d9cd39a928b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this final rule, the use of 
``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We use 
multiple abbreviations and terms in this final rule. While this list 
may not be exhaustive, for ease of reading and for reference purposes, 
the EPA defines the following terms and acronyms here:

CAA Clean Air Act
CFR Code of Federal Regulations
EPA Environmental Protection Agency
F.A.C. Florida Administrative Code
FDEP Florida Department of Environmental Protection
FR Federal Register
NPRM Notice of Proposed Rulemaking
SIP State Implementation Plan
U.S.C. United States Code

Table of Contents

I. Background
II. Incorporation by Reference
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    The EPA is approving changes to the Florida SIP submitted by the 
State on August 15, 2023, regarding Chapter 62-210, Florida 
Administrative Code (F.A.C.), Stationary Sources--General Requirements. 
Specifically, Florida requested that the EPA approve the removal of 
Rule 62-210.360, F.A.C., Administrative Permit Corrections, in its 
entirety and approve changes to Rule 62-210.370, F.A.C., Emissions 
Computation and Reporting, and Rule 62-210.900, F.A.C., Forms and 
Instructions.\1\ Through a notice of proposed rulemaking (NPRM) 
published on May 21, 2026 (91 FR 29924), the EPA proposed to approve 
these changes to Florida's SIP. The details of Florida's submission, as 
well as the EPA's rationale for approving the changes, are described in 
more detail in the May 21, 2026, NPRM. Comments on the May 21, 2026, 
NPRM were due on or before June 22, 2026. No comments were received on 
the May 21, 2026, NPRM, adverse or otherwise.
---------------------------------------------------------------------------

    \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 rulechanges in separate rulemakings.
---------------------------------------------------------------------------

II. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, and as discussed in Section I of this preamble, the EPA is 
finalizing the incorporation by reference of Florida Rule 62-210.370, 
Emissions Computation and Reporting, state

[[Page 55273]]

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.\2\ Also in this 
document, the EPA is finalizing the removal of 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. The 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). Therefore, the revised materials as stated above, have 
been approved by the EPA for inclusion in the State implementation 
plan, have been incorporated by reference by the EPA into that plan, 
are fully federally enforceable under CAA sections 110 and 113 as of 
the effective date of the final rulemaking of the EPA's approval, and 
will be incorporated by reference in the next update to the SIP 
compilation.\3\
---------------------------------------------------------------------------

    \2\ As 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.
    \3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    The EPA is approving 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. The EPA is also 
approving the removal of Rule 62-210.360, Administrative Permit 
Corrections from the Florida SIP. The EPA is approving these changes 
pursuant to the CAA.

IV. 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.\4\ Thus, in reviewing SIP submissions, the EPA's 
role is to approve state choices, provided 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:
---------------------------------------------------------------------------

    \4\ See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
---------------------------------------------------------------------------

    <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 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, 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 26, 2026. 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.\5\
---------------------------------------------------------------------------

    \5\ See CAA section 307(b)(2).
---------------------------------------------------------------------------

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: August 20, 2026.
Kristy Eubanks,
Deputy Regional Administrator performing the functions and duties of 
the 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, amend the table in paragraph (c) by removing the 
entry for ``62-210.360'' and revising the entries for ``62-210.370'' 
and ``62-210.900'' to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (c) * * *

[[Page 55274]]



                                    EPA-Approved Florida Laws and Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
  State citation  (section)       Title/subject       effective      EPA  approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-210.370..................  Emissions Computation    8/25/2014  8/27/2026, 91 FR [Insert  ....................
                               and Reporting.                      Federal Register page
                                                                   where the document
                                                                   begins].
 
                                                  * * * * * * *
62-210.900..................  Forms and                 7/3/2018  8/27/2026, 91 FR [Insert  Except numbered
                               Instructions.                       Federal Register page     paragraphs 1
                                                                   where the document        through 4 and 7.
                                                                   begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2026-17490 Filed 8-26-26; 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>