[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44485-44488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18316]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0809; FRL-9705-2]


Approval and Promulgation of Implementation Plans; Florida; 
Sections 128 and 110(a)(1) and (2) Infrastructure Requirements for the 
1997 8-Hour Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve in part, and disapprove 
in part, the State Implementation Plan (SIP) submissions, submitted by 
the State of Florida, through the Florida Department of Environmental 
Protection (FDEP) on December 13, 2007, and supplemented on April 18, 
2008 and May 24, 2012, to demonstrate that the State meets the 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or 
Act) for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). Section 110(a) of the CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA, which is commonly referred to as an 
``infrastructure'' SIP. FDEP certified that the Florida SIP contains 
provisions that ensure the 1997 8-hour ozone NAAQS are implemented, 
enforced, and maintained in Florida (hereafter referred to as 
``infrastructure submission''). EPA is now taking three related actions 
on FDEP's infrastructure submissions for Florida. First, EPA is taking 
final action to disapprove in part portions of sections 110(a)(2)(C) 
and 110(a)(2)(J) of the December 13, 2007, submittal as it relates to 
the regulation of greenhouse gas (GHG) emissions. Second, EPA is taking 
final action to approve FDEP's May 24, 2012, submission, which 
addresses the substantive requirements of section 128 relating to State 
board requirements as applicable to the infrastructure SIP pursuant to 
section 110(a)(2)(E)(ii), and the substantive requirements of section 
110(a)(2)(G), which relates to the authority to implement emergency 
powers under section 303 of the CAA. Third, and with the exception of 
the aforementioned portions of sections 110(a)(2)(C) and (J), EPA is 
finalizing its determination that Florida's infrastructure submission, 
provided to EPA on December 13, 2007, supplemented on April 18, 2008, 
addresses all other required infrastructure elements for the 1997 8-
hour ozone NAAQS.

DATES: Effective Date: This rule will be effective August 29, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2011-0809. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not 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 www.regulations.gov or in hard 
copy at the 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. 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: Nacosta C. Ward, 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. The telephone number 
is (404) 562-9140. Ms. Ward can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS.
    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 1997 8-hour ozone NAAQS, states typically 
have met the basic program elements required in section 110(a)(2) 
through earlier SIP submissions in connection with previous ozone 
NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As already mentioned, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements that are the 
subject of this final rulemaking are listed below \1\ and in EPA's 
October 2,

[[Page 44486]]

2007, memorandum entitled ``Guidance on SIP Elements Required Under 
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and 
PM2.5 National Ambient Air Quality Standards.''
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    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's final rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or (C). In a March 14, 2012, final rulemaking, EPA 
addressed the section 110(a)(2)(C) requirements for Tennessee. See 
77 FR 14976.
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.\3\
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    \3\ Today's final rule does not address element 110(a)(2)(D)(i) 
(Interstate Transport) for the 1997 8-hour ozone NAAQS. Interstate 
transport requirements were formerly addressed by Florida consistent 
with the Clean Air Interstate Rule (CAIR). On December 23, 2008, 
CAIR was remanded by the D.C. Circuit Court of Appeals, without 
vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d 896 (D.C. 
Cir. 2008). Prior to this remand, EPA took final action to approve 
Florida's SIP revision, which was submitted to comply with CAIR. See 
72 FR 58016 (October 12, 2007). In so doing, Florida's CAIR SIP 
revision addressed the interstate transport provisions in section 
110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. In response to the 
remand of CAIR, EPA has recently finalized a new rule to address the 
interstate transport of nitrogen oxides (NOx) and sulfur oxides 
(SOx) in the eastern United States. See 76 FR 48208 (August 8, 2011) 
Transport Rule). EPA's action on element 110(a)(2)(D)(i) will be 
addressed in a separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\4\
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    \4\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and Prevention of Significant Deterioration (PSD) 
and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    On July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-
hour average concentrations, thus states were required to provide 
submissions to address sections 110(a)(1) and (2) of the CAA for this 
new NAAQS. Florida provided its infrastructure submission for the 1997 
8-hour ozone NAAQS on December 13, 2007. On March 27, 2008, Florida was 
among other states that received a finding of failure to submit because 
its infrastructure submission was deemed incomplete for element 
110(a)(2)(G) for the 1997 8-hour ozone NAAQS by March 1, 2008. See 73 
FR 16205. Section 110(a)(2)(G) relates to the requirement for states to 
provide ``emergency power'' authority comparable to that in section 303 
of the CAA and adequate contingency plans to implement such authority.
    In FDEP's December 13, 2007, submission, and in a letter dated 
April 18, 2008, FDEP cited State statutes as evidence that Florida has 
the authority to implement emergency powers for the 1997 8-hour ozone 
NAAQS as required by section 110(a)(2)(G). EPA, however, proposed a 
Federal Implementation Plan (FIP) with respect to this element of the 
infrastructure SIP because the statutes cited by FDEP had not been 
approved into the Florida SIP. See 77 FR 23181 (April 18, 2012).\5\ On 
April 19, 2012, FDEP submitted, for parallel processing, draft changes 
to address the deficiencies of the Florida SIP regarding the 
substantive requirements of section 110(a)(2)(G). EPA published a 
supplemental proposed rulemaking action on this draft revision on May 
18, 2012, to (1) incorporate provisions to address Florida's authority 
for emergency powers and adequate contingency plans to implement such 
authority; and (2) propose approval for element 110(a)(2)(G) of 
Florida's infrastructure SIP. See 77 FR 29581. On May 24, 2012, FDEP 
submitted a final submission to EPA to satisfy to CAA section 
110(a)(2)(G). Therefore, in today's rulemaking, EPA will not finalize 
the FIP for section 110(a)(2)(G) as it is no longer necessary and is 
instead finalizing full approval of this substantive SIP revision to 
address the section 110(a)(2)(G) requirements. As a result of this 
substantive revision to the SIP, EPA is also finalizing its approval of 
section 110(a)(2)(G) of Florida's infrastructure SIP among the other 
infrastructure elements approved today.
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    \5\ On March 23, 2012, FDEP sent a letter to EPA requesting 
conditional approval of section 110(a)(2)(G). In this letter, 
Florida committed to submit a SIP revision to address the 
substantive requirements of section 110(a)(2)(G) by June 2012. The 
letter Florida submitted to EPA can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2011-0809. EPA 
notes that a conditional approval cannot satisfy an obligation for 
the Agency to implement a FIP.
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    With respect to section 110(a)(2)(E)(ii), EPA's April 18, 2012, 
proposed rulemaking described EPA's intention to conditionally approve 
FDEP's December 13, 2007, infrastructure submission regarding this sub-
element. EPA proposed conditional approval of this sub-element because 
the State's implementation plan did not contain provisions to address 
the requirements of CAA section 128. However, on March 13, 2012, FDEP 
submitted a letter to EPA that included a commitment to submit a SIP 
revision to address the CAA section 128 requirements. See 77 FR 23181. 
The letter Florida submitted to EPA can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2011-0809. On April 
19, 2012, FDEP submitted, for parallel processing, a draft SIP revision 
to fully address the deficiencies within the Florida SIP to address CAA 
section 128 requirements. EPA proposed action on this draft revision on 
May 18, 2012, which included both a proposed substantive revision to 
the Florida SIP to incorporate rules satisfying section 128 of the CAA, 
and a proposed approval for sub-element 110(a)(2)(E)(ii) of Florida's 
infrastructure SIP. See 77 FR 29581. On May 24, 2012, FDEP submitted a 
final submission to EPA to satisfy the requirements of CAA section 128.
    With respect to sections 110(a)(2)(C) and (J), EPA has issued two 
regulatory revisions--the 1997 8-Hour Ozone NAAQS Implementation Rule 
New Source Review (NSR) Update--Phase 2 final rule (hereafter referred 
to as the ``Ozone Implementation NSR Update'' or ``Phase 2 Rule'') (70 
FR 71612 (November 29, 2005)); and the Greenhouse Gas Tailoring Rule 
(hereafter referred to as the ``GHG Tailoring Rule'') (75 FR 31514 
(EPA's June 3, 2010))--that necessitated updates to Florida's SIP in 
order for EPA to approve these infrastructure elements for purposes of 
the 1997 8-hour Ozone NAAQS.\6\
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    \6\ Florida's authority to regulate new and modified sources of 
the ozone precursors, volatile organic compounds (VOCs) and nitrogen 
oxides (NOX), to assist in the protection of air quality 
in nonattainment, attainment or unclassifiable areas is established 
in Chapters 62-210, Stationary Sources--General Requirements, 
Section 200--Definitions, and 62-212, Stationary Sources--
Preconstruction Review, Section 400--Prevention of Significant 
Deterioration of the Florida SIP.
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    Regarding the Phase 2 Rule, on October 19, 2007, and July 1, 2011, 
FDEP submitted revisions to EPA, for approval into the Florida SIP, to 
adopt federal requirements for NSR permitting

[[Page 44487]]

promulgated in the Phase 2 Rule. These revisions also modified 
provisions of Florida's SIP at Chapter 62-210 and 62-212 to recognize 
NOX as an ozone precursor. EPA finalized approval of these 
revisions into the SIP on June 15, 2012. See 77 FR 35862.
    Regarding the GHG Tailoring Rule, EPA has identified errors in 
Florida's federally-approved SIP that result in the State's failure to 
address, or provide adequate legal authority for, the implementation of 
a GHG PSD program in Florida. Approval of a revision to address GHGs is 
required to meet sections 110(a)(2)(C) and 110(a)(2)(J). On December 
30, 2010, EPA promulgated a FIP \7\ because Florida failed to submit, 
by its December 22, 2010, deadline, the corrective SIP revision to 
apply its PSD program to sources of GHGs consistent with the thresholds 
described in the GHG Tailoring rule. Since Florida currently does not 
have adequate legal authority to address the new GHG PSD permitting 
requirements at or above the levels of emissions set in the GHG 
Tailoring Rule, or at other appropriate levels, its SIP does not 
satisfy portions of section 110(a)(2)(C) and section 110(a)(2)(J) of 
the infrastructure SIP requirements. As a result, on April 18, 2012, 
EPA proposed to disapprove FDEP's submission for sections 110(a)(2)(C) 
and 110(a)(2)(J) as they relate to GHG PSD permitting requirements. See 
77 FR 23181.
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    \7\ Action to Ensure Authority to Issue Permits under the 
Prevention of Significant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Federal Implementation Plan--Final Rule, 
75 FR 82246 (December 30, 2010).
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II. This Action

    EPA is taking final action to approve in part, and disapprove in 
part, Florida's infrastructure submissions as demonstrating that the 
State meets the applicable requirements of sections 110(a)(1) and (2) 
of the CAA for the 1997 8-hour ozone NAAQS. Section 110(a) of the CAA 
requires that each state adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by the EPA, 
which is commonly referred to as an ``infrastructure'' SIP. Florida, 
through FDEP, certified that the Florida SIP contains provisions that 
ensure the 1997 8-hour ozone NAAQS is implemented, enforced, and 
maintained in Florida. EPA received no adverse comments on its April 
18, 2012, and May 18, 2012, proposed rulemakings of Florida's December 
13, 2007, infrastructure submission and April 19, 2012, draft SIP 
revision regarding the substantive requirements of CAA sections 128 and 
110(a)(2)(G).
    Today's disapprovals of Florida's infrastructure submissions are 
limited to the portions of section 110(a)(2)(C) and section110(a)(2)(J) 
related to GHG PSD permitting as proposed on April 18, 2012. See 77 FR 
23181. EPA's disapproval of this portion of these elements does not 
result in any further obligation on the part of Florida because EPA has 
already promulgated a FIP for the Florida PSD program to address 
permitting GHGs at or above the GHG Tailoring Rule thresholds (76 FR 
25178). Thus, today's final action to disapprove FDEP's submission for 
elements related to the GHG PSD permitting portion of sections 
110(a)(2)(C) and 110(a)(2)(J) will not require any further action by 
either FDEP or EPA. The FIP that is currently in place to address GHG 
requirements in Florida will remain unless and until Florida submits a 
final submission to EPA for federal approval and EPA takes final action 
on that submission.
    In addition to the above-described infrastructure submission final 
actions, EPA is also today finalizing two substantive SIP actions 
related to infrastructure elements 110(a)(2)(E)(ii) and (G) proposed in 
EPA's May 18, 2012, supplemental proposed rule. See 77 FR 29581. EPA is 
also announcing that it does not intend to finalize the proposed FIP 
for section 110(a)(2)(G) as it is no longer necessary due to the 
substantive SIP revisions for this element finalized today. The 
substantive revisions were submitted by Florida to EPA on May 24, 2012. 
See 77 FR 29581.
    Based upon the aforementioned, EPA has determined that Florida's 
infrastructure submission, provided to EPA on December 13, 2007, and 
supplemented on April 18, 2008, addresses all the required 
infrastructure elements for the 1997 8-hour ozone NAAQS, with the 
exception of CAA section 110(a)(2)(E)(ii), pertaining to CAA section 
128 requirements and section 110(a)(2)(G). Florida's May 24, 2012, 
submission addresses the substantive requirements of CAA sections 128, 
110(a)(2)(E)(ii), and 110(a)(2)(G). EPA has determined that the 
remaining infrastructure elements addressed in Florida's December 13, 
2007, submission, supplemented on April 18, 2008, and May 24, 2012, 
with the exception of the portions of sections 110(a)(2)(C) and (J) 
related to GHG PSD permitting, are consistent with section 110 of the 
CAA.

III. Final Action

    EPA is taking final action to approve in part, and disapprove in 
part, the December 13, 2007, submission, supplemented on April 18, 
2008, and the May 24, 2012, submission, for the 1997 8-hour ozone NAAQS 
because these submissions are consistent with section 110 of the CAA. 
FDEP has addressed the elements of the CAA 110(a)(1) and (2) SIP 
requirements pursuant to EPA's October 2, 2007, guidance to ensure that 
the 1997 8-hour ozone NAAQS are implemented, enforced, and maintained 
in Florida. EPA is also taking final action to approve a substantive 
SIP revision submitted by Florida on May 24, 2012, to address 
requirements related to sections 128, 110(a)(2)(E)(ii) and (G) of the 
CAA because these revisions are consistent with the Act.

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

[[Page 44488]]

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 September 28, 2012. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 16, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Therefore, 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.


0
2. Section 52.520 in paragraph (e) is amended by adding three new 
entries for ``110(a)(1) and (2) Infrastructure Requirements for the 
1997 8-Hour Ozone National Ambient Air Quality Standards,'' ``Section 
128 Requirements,'' and ``Sections 110(a)(2)(E)(ii) and (G) 
Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient 
Air Quality Standards'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                         State       EPA approval      Federal Register
             Provision              effective date       date               notice              Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        12/13/2007       7/30/2012  [Insert citation of    .....................
 Requirements for the 1997 8-Hour                                    publication].
 Ozone National Ambient Air
 Quality Standards.
Section 128 Requirements..........       5/24/2012       7/30/2012  [Insert citation of    .....................
                                                                     publication].
Sections 110(a)(2)(E)(ii) and (G)        5/24/2012       7/30/2012  [Insert citation of    .....................
 Infrastructure Requirements for                                     publication].
 the 1997 8-Hour Ozone National
 Ambient Air Quality Standards.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.523 is added to read as follows:


Sec.  52.523  Control strategy: Ozone

    (a) Disapproval. EPA is disapproving portions of Florida's 
infrastructure SIP for the 1997 8-hour ozone NAAQS regarding the 
State's ability to provide adequate legal authority for the 
implementation of a Greenhouse Gas Prevention of Significant 
Deterioration program, specifically with respect to sections 
110(a)(2)(C) and 110(a)(2)(J). A FIP is currently in place and approved 
for Florida at 40 CFR 52.37 for these requirements.
    (b) [Reserved]

[FR Doc. 2012-18316 Filed 7-27-12; 8:45 am]
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