[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20239-20242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0130-201111(a); FRL-9293-4]


Approval and Promulgation of Implementation Plans: Florida; 
Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to convert a conditional 
approval of provisions in the Florida State Implementation Plan (SIP) 
to a full approval under the federal Clean Air Act (CAA or Act). On 
June 17, 2009, the State of Florida, through the Florida Department of 
Environmental Protection (FDEP), submitted a SIP revision in response 
to the conditional approval of its New Source Review (NSR) permitting 
program. The revision includes changes to certain parts of the 
Prevention of Significant Deterioration (PSD) construction permit 
program in Florida, including the definition of ``new emissions unit,'' 
``regulated air pollutant'' and ``significant emissions rate'' as well 
as recordkeeping requirements. In addition, Florida provided a 
clarification that the significant emissions rate for mercury in the 
Florida regulations is intended to apply as a state-only provision. EPA 
has determined that this revision addresses the conditions identified 
in the conditional approval, and is therefore approvable. This action 
is being taken pursuant to section 110 of the CAA.

DATES: This direct final rule is effective June 13, 2011 without 
further notice, unless EPA receives adverse comment by May 12, 2011. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0130, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2006-0130, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Ms. Yolanda Adams, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0130.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S.

[[Page 20240]]

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 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the Florida 
SIP, contact Twunjala Bradley, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Ms. Bradley may also be reached via 
telephone or electronic mail at (404) 562-9352 and 
[email protected]. For information regarding NSR, contact 
Yolanda Adams, Air Permits Section, at the same address above. Ms. 
Adams may also be reached via telephone or electronic mail at (404) 
562-9214 and [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background
II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of 
the Conditional Approval
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On February 3, 2006, FDEP submitted a revision to its PSD 
regulations in response to the 2002 NSR Reform Rules for EPA approval 
into the Florida SIP.\1\ The February 3, 2006, SIP revision included 
changes to the Florida SIP, specifically in Florida Administrative Code 
(F.A.C.) Rules, Chapters 62-204--Air Pollution Control--General 
Provisions, 62-210--Stationary Sources--General Requirements, and 62-
212--Stationary Source--Preconstruction Review, which became state-
effective on February 2, 2006, and February 12, 2006. EPA proposed to 
conditionally approve these PSD SIP rules under section 110 of the CAA 
on April 4, 2008. See 73 FR 18466. In the April 4, 2008 rulemaking, EPA 
determined that portions of Florida's February 3, 2006 SIP revision 
were not consistent with the federal PSD regulations set forth at 40 
CFR 51.166. Therefore, EPA proposed to conditionally approve Florida's 
PSD program which established a commitment from FDEP to adopt the 
necessary regulations for consistency with federal PSD provisions to 
obtain full approval. EPA did not receive any comments on the proposal. 
EPA finalized its conditional approval of F.A.C. Chapters 62-204, 62-
210, and 62-212, into the Florida SIP on June 27, 2008. See 73 FR 
36435.
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    \1\ On December 31, 2002 (67 FR 80186), EPA published final rule 
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and 
nonattainment NSR programs. On November 7, 2003 (68 FR 63021), EPA 
published a notice of final action on the reconsideration of the 
December 31, 2002, final rule changes. The December 31, 2002, and 
the November 7, 2003, final actions are collectively referred to as 
the ``2002 NSR Reform Rules.''
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    On June 17, 2009, FDEP submitted the revision to its SIP 
incorporating the changes required by EPA as outlined in the 
conditional approval. See 73 FR 18466. Specifically, the June 17, 2009, 
SIP revision changes definitions in F.A.C Chapter 62-210.200 for ``new 
emissions unit,'' ``regulated air pollutant,'' and ``significant 
emissions rate'' as well as the recordkeeping requirements in F.A.C. 
Chapter 62-212.300(3)(a)1. In addition, Florida provided a 
clarification that the significant emissions rate for mercury in the 
Florida regulations is considered a state-only provision and is not 
intended to be incorporated into the Florida SIP. After consideration, 
EPA concludes that the June 17, 2009, SIP revision satisfies the 
conditions listed in EPA's June 27, 2008, conditional approval. Today, 
EPA is converting the June 27, 2008, conditional approval to a full 
approval.

II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of the 
Conditional Approval

    In response to EPA`s June 27, 2008, conditional approval, Florida 
made three changes to its PSD requirements. These changes were required 
to ensure that Florida's PSD program is consistent with the federal PSD 
regulations (at 40 CFR 51.166) to obtain full approval of the program. 
First, Florida changed the definition of ``new emissions unit'' in 
F.A.C. Chapter 62-210.200 to indicate that it is a unit `` * * * that 
has existed for less than 2 years from the date such emissions unit 
first operated.'' This definition is consistent with the federal 
definition of ``New Emissions Unit'' found at 40 CFR 51.166(b)(7)(i). 
Second, Florida changed the definitions of ``Regulated Air Pollutant'' 
and ``Significant Emissions Rate'' in F.A.C. Chapter 62-210.200 to 
include ozone depleting substances. This change is consistent with the 
federal definition of ``Significant'' in 40 CFR 51.166(b)(23). Third, 
Florida changed its recordkeeping requirements in F.A.C. Chapter 62-
212.300(3)(a)1 to clarify that the applicant must provide a record of 
the amount of emissions excluded pursuant to the projected actual 
emissions requirements, an explanation as to why these emissions were 
excluded, and any netting calculations if applicable. This change is 
consistent with the federal recordkeeping requirements at 40 CFR 
51.166(r)(6).
    In addition, Florida provided a clarification that the significant 
emissions rate for mercury is considered a state-only provision and is 
not intended to be incorporated into the Florida SIP. EPA has 
determined that this clarification satisfies the condition listed in 
EPA's conditional approval.

III. Final Action

    As explained above, FDEP submitted changes to the definition of 
``new emissions unit,'' ``regulated air pollutant,'' and ``significant 
emissions rate'' in F.A.C. Chapter 62-210.200 and the recordkeeping 
requirements in F.A.C. Chapter 62-212.300(3)(a)1. In addition, FDEP 
provided a clarification that the significant emissions rate for 
mercury in the Florida regulations is intended to apply as a state-only 
requirement only and is not intended to be incorporated into the 
Florida SIP. FDEP has satisfied the conditions listed in EPA's 
conditional approval. Therefore, EPA is taking direct final action to 
convert its conditional approval of Florida's SIP revisions to a full 
approval of Florida's PSD program.
    As a result of Florida's June 17, 2009, SIP revision satisfying the 
conditional approval requirements and EPA's conversion to a full 
approval, the conditional approval language at Sec.  52.519 of 40 CFR 
part 52, included in EPA's final conditional approval published June 
27, 2008 (73 FR 36435), is no longer necessary. This action removes the 
conditional approval language relating to Florida's PSD program from 
the CFR to reflect that the program has been approved. EPA is 
publishing this rulemaking to remove and reserve Sec.  52.519 of 40 CFR 
part 52.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective June 13, 2011 
without further notice unless the Agency receives adverse comments by 
May 12, 2011.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments

[[Page 20241]]

received will then be addressed in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period. Parties 
interested in commenting should do so at this time. If no such comments 
are received, the public is advised that this rule will be effective on 
June 13, 2011 and no further action will be taken on the proposed rule.

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 Act 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:
     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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 June 13, 2011. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, and Reporting and 
recordkeeping requirements.

    Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart K--Florida


Sec.  52.519  [Removed and Reserved]

0
2. Section 52.519 is removed and reserved.

0
3. Section 52.520(c) is amended by revising entries ``62-210.200'' and 
``62-212.300'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
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                                                         State
  State citation (Section)       Title/subject      effective date    EPA approval date         Explanation
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                                                  * * * * * * *
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                             Chapter 62-210 Stationary Sources--General Requirements
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                                                  * * * * * * *
62-210.200.................  Definitions..........         6/29/09  4/12/11..............
                                                                    [Insert citation of
                                                                     publication].
                                                  * * * * * * *
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                            Chapter 62-212 Stationary Sources--Preconstruction Review
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                                                  * * * * * * *
62-212.300.................  General                       6/29/09  4/12/11..............
                              Preconstruction                       [Insert citation of
                              Review Requirements.                   publication].

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[FR Doc. 2011-8701 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P