[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 68997-68999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27443]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0385; FRL-9902-98-Region 4]


Approval and Promulgation of Implementation Plans; Florida; 
Approval of Revision to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a change to the Florida 
State Implementation Plan (SIP) for the State of Florida. The change 
removes from the Florida SIP a provision entitled

[[Page 68998]]

``Synthetic Organic Fiber Production.'' EPA has determined that this 
provision was erroneously incorporated into the SIP. Therefore, EPA is 
taking final action to remove this rule from the federally-approved 
Florida SIP because the rule is not related to the attainment and 
maintenance of the national ambient air quality standards (NAAQS).

DATES: This rule will be effective on December 18, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0385. 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 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9352. Ms. Bradley can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. This Action

    EPA determined that rule 62-296.413, Florida Administrative Code 
(F.A.C.) entitled ``Synthetic Organic Fiber Production'' was 
inadvertently incorporated into the Florida SIP on June 16, 1999 (64 FR 
32346). Therefore, EPA is taking final action to remove rule 62-
296.413, F.A.C. from the federally-approved Florida SIP pursuant to 
section 110(k)(6) \1\ of the Clean Air Act (CAA or Act) and to codify 
this deletion by revising the appropriate paragraph under 40 CFR part 
52, subpart K, section 52.520(c). EPA proposed approval of this 
correction on June 13, 2013. See 78 FR 35599. Comments on the proposed 
rulemaking were due on or before July 15, 2013. No comments, adverse or 
otherwise, were received on EPA's June 13, 2013, proposed rulemaking. A 
summary of the background for today's final action is provided below. 
For additional information concerning the rationale for today's final 
action refer to EPA's June 13, 2013, proposed rulemaking. See 78 FR 
35599.
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    \1\ Section 110(k)(6) of the Act provides that, whenever the 
Administrator determines that the Administrator's action approving, 
disapproving, or promulgating any plan or plan revision was in 
error, the Administrator may in the same manner as the approval, 
disapproval or promulgation revise such action as appropriate 
without requiring further submission from the State. Such 
determination and the basis thereof must be provided to the state 
and public.
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II. Background

    On December 21, 1994, and April 15, 1996, the State of Florida 
through the Florida Department of Environmental Protection provided to 
EPA SIP submissions which included miscellaneous revisions and the 
recodification of F.A.C. Rule 62-296.413, F.A.C.,\2\ was part of 
Florida's recodification and was included in these State submittals 
among other changes; however, it was never officially submitted for 
incorporation into the SIP.\3\ When EPA took action on June 16, 1999 
(64 FR 32346) to approve the recodification and miscellaneous changes 
and also to revise the format of 40 CFR part 52 for materials submitted 
by Florida that are incorporated by reference into the SIP, EPA 
inadvertently incorporated rule 62-296.413, F.A.C., into the regulatory 
text at 40 CFR part 52, subpart K, section 52.520. EPA has determined 
that approval of rule 62-296.413, F.A.C., into the Florida SIP was an 
error, and is, therefore, taking final action to remove this rule from 
the federally-approved Florida SIP (pursuant to section 110(k)(6) of 
the CAA) because the rule is not related to the attainment and 
maintenance of the NAAQS.
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    \2\ This state rule was originally numbered subsection 17-
2.600(13), and was adopted with a state effective date of July 9, 
1989, for the sole purpose of controlling acrylonitrile emissions 
from synthetic organic fiber production facilities in northwest 
Florida. The rule was only concerned with emissions of toxic air 
pollutants and not attainment or maintenance of any NAAQS. The rule 
was in an April 15, 1996, SIP submission along with all other rules 
that had been simultaneously amended. However, it was not submitted 
for EPA's approval and incorporation into the SIP.
    \3\ EPA's records indicate that a November 23, 1992, SIP 
revision from Florida was approved on October 20, 1994 (59 FR 
52916). However, the November 23, 1992, SIP did not include a 
revision to incorporate the rule entitled ``Synthetic Organic Fiber 
Production,'' 62-296.413, F.A.C., into the SIP.
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III. Final Action

    For the reasons stated above, EPA is taking final action to remove 
rule 62-296.413, F.A.C., from the federally-approved Florida SIP 
pursuant to section 110(k)(6) of the CAA and to codify this deletion by 
revising the appropriate paragraph under 40 CFR part 52, subpart K, 
section 52.520(c).

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

[[Page 68999]]

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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 5, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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

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2. Section 52.520(c) is amended by removing the entry for ``62-
296.413'' under Chapter 62-296 ``Stationary Sources--Emission 
Standards.''

[FR Doc. 2013-27443 Filed 11-15-13; 8:45 am]
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