[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Rules and Regulations]
[Pages 66927-66929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27223]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0382; FRL-9734-6]


Approval and Promulgation of Implementation Plans; Florida 
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 
Fine Particulate Matter 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 the State Implementation 
Plan (SIP) submissions, submitted by the State of Florida, through the 
Florida Department of Environmental Protection (FDEP), as demonstrating 
that the State meets certain SIP requirements of sections 110(a)(1) and 
(2) of the Clean Air Act (CAA or the Act) for the 1997 annual and 2006 
24-hour fine particulate matter (PM2.5) 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. Florida certified that the 
Florida SIP contains provisions that ensure the 1997 annual and 2006 
24-hour PM2 NAAQS are implemented, enforced, and maintained 
in Florida (hereafter referred to as ``infrastructure submissions''). 
Florida's infrastructure submissions, provided to EPA on April 18, 
2008, and September 23, 2009, with the exception of element 
110(a)(2)(D)(i) which will be addressed in a separate rulemaking 
action.

DATES: This rule is effective December 10, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0382. 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: Sean Lakeman, 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) 
562-9043. Mr. Lakeman 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. On July 18, 1997 (62 FR 
38652), EPA promulgated a new annual PM2.5 NAAQS and on 
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On 
June 12, 2012, EPA proposed to approve Florida's April 18, 2008, and 
September 23, 2009, infrastructure submissions for the 1997 annual and 
2006 24-hour PM2.5 NAAQS. See 77 FR 34906. A summary of the 
background for today's final action is provided below. See EPA's June 
12, 2012, proposed rulemaking at 77 FR 34906 for more detail.
    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 from depending upon the facts and circumstances. 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

[[Page 66928]]

annual and 2006 24-hour PM2.5 NAAQS, states typically have 
met the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with previous PM 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, 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.'' and 
September 25, 2009, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine 
Particle (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 the nonattainment plan requirements of section 
110(a)(2)(C).
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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 and 2006 PM2.5 NAAQS.
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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 final rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and 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.

II. This Action

    EPA is taking final action to approve Florida's infrastructure 
submissions as demonstrating that the State meets certain applicable 
requirements of sections 110(a)(1) and (2) of the CAA for the 1997 
annual and 2006 24-hour PM2.5 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 annual and 2006 24-hour PM2.5 NAAQS are implemented, 
enforced, and maintained in Florida.
    EPA received no adverse comments on its June 12, 2012, proposed 
approval of Florida's April 18, 2008, and September 23, 2009, 
infrastructure submissions. Concerning elements 110(a)(2)(C) and (J), 
EPA signed a final rulemaking action on September 6, 2012, approving 
revisions to Florida's New Source Review (NSR) requirements addressing 
elements 110(a)(2)(C) and (J). EPA is not taking action today on 
Florida's NSR program, as these requirements are already approved in 
Florida's SIP. Additionally, on July 30, 2012, EPA published a final 
rulemaking action addressing the requirements of element 
110(a)(2)(E)(ii). See 77 FR 44485.
    EPA is today finalizing its determination that Florida's 
infrastructure submissions, provided to EPA on April 18, 2008, and 
September 23, 2009, satisfy the required infrastructure elements for 
the 1997 annual and 2006 24-hour PM2.5 NAAQS with the 
exception of 110(a)(2)(D)(i), which will be addressed in a separate 
rulemaking action.\5\ EPA has determined that Florida's April 18, 2008, 
and September 23, 2009, submissions are consistent with section 110 of 
the CAA.
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    \5\ As noted above, today's final rulemaking also does not 
address section 110(a)(2)(C) requirements related nonattainment area 
plan requirements and section 110(a)(2)(I) requirements.
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III. Final Action

    As already described, EPA has determined that FDEP has addressed 
certain elements of the CAA 110(a)(1) and (2) SIP requirements pursuant 
to EPA's October 2, 2007, guidance to ensure that 1997 annual and 2006 
24-hour PM2.5 NAAQS are implemented, enforced, and 
maintained in Florida, with the exception of section 110(a)(2)(D)(i) 
requirements. EPA is taking final action to approve Florida's April 18, 
2008, and September 23, 2009, submissions for 1997 annual and 2006 24-
hour PM2.5 NAAQS because these submissions are consistent 
with section 110 of the CAA. Today's action is not approving any 
specific rule, but rather making a determination that Florida's already 
approved SIP meets certain CAA requirements.

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);

[[Page 66929]]

     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, 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 January 7, 2013. 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, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 13, 2012.
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

0
2. Section 52.520(e), is amended by adding two new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine 
Particulate Matter National Ambient Air Quality Standards'' and 
``110(a)(1) and (2) Infrastructure Requirements for the 2006 Fine 
Particulate Matter 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
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure         4/18/2008       11/8/2012  [Insert citation of    With the exception of
 Requirements for 1997 Fine                                          publication].          section
 Particulate Matter National                                                                110(a)(2)(D)(i).
 Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure         9/23/2009       11/8/2012  [Insert citation of    With the exception of
 Requirements for 2006 Fine                                          publication].          section
 Particulate Matter National                                                                110(a)(2)(D)(i).
 Ambient Air Quality Standards.
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[FR Doc. 2012-27223 Filed 11-7-12; 8:45 am]
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