[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30767-30770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0166; FRL-9964-35-Region 4]


Air Plan Approval; FL: Revisions to New Source Review, 
Definitions and Small Business Assistance Programs

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the Florida State Implementation 
Plan (SIP) to update definitions and make administrative edits to 
regulations for the Plantwide Applicability Limits (PALs) and Florida's 
Small Business Assistance program (SBA). EPA is proposing to approve 
portions of a SIP revision submitted by the State of Florida, through 
the Florida Department of Environmental Protection (FDEP) on July 1, 
2011, to update definitions and make administrative edits to PALs and 
the SBA. This action is being taken pursuant to the Clean Air Act (CAA 
or Act).

DATES: This direct final rule is effective September 1, 2017 without 
further notice, unless EPA receives adverse comment by August 2, 2017. 
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-2012-0166 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 
    D. Brad Akers, Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,

[[Page 30768]]

Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at 
(404) 562-9089 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    On July 1, 2011, FDEP submitted to EPA for approval a SIP revision 
that involves changes to Florida's regulations related to permitting 
and administrative procedures, among other changes. In this action, EPA 
is approving the portions of the Florida submission that make changes 
to definitions affecting the major New Source Review (NSR) program, 
changes to other miscellaneous definitions, and administrative changes 
to Florida's NSR PAL provisions and SBA program. Florida's NSR program, 
which applies to the construction and modification of any major 
stationary source in areas designated as attainment or unclassifiable 
as required by part C and part D of title I of the CAA, is modified 
with this direct final action at Rule 62-210.200, Florida 
Administrative Code (F.A.C.), ``Definitions,'' and 62-212.720, 
``Actuals Plantwide Applicability Limits (PALs).'' EPA is also 
approving miscellaneous changes to definitions. Finally, EPA is 
approving the portion of the July 1, 2011, submission that revises Rule 
62-210.220, ``Small Business Assistance Program,'' which provides for 
compliance assistance for qualifying small business stationary sources.
    Changes in the July 1, 2011, submission made to Rule 62-212.400, 
``Prevention of Significant Deterioration,'' were approved on June 15, 
2012 (77 FR 35862). The June 15, 2012, final rule also approved the NSR 
definition of ``major modification,'' at Rule 62-210.200(186) included 
in the July 1, 2011, SIP submission.
    At this time, the Agency is not acting on the following changes 
included in the July 1, 2011, submission at Rule 62-210.200, 
``Definitions'': (28), ``animal crematory,'' (41), ``biological 
waste,'' (42), ``biological waste incinerator,'' (44), ``biomedical 
waste,'' and (158), ``human crematory.'' EPA is also not acting on the 
changes made to rules in Chapter 62-296, ``Stationary Sources--Emission 
Standards,'' included in the July 1, 2011, submission. EPA will 
consider these remaining portions of the July 1, 2011, submission in a 
separate action.

II. Background

    This direct final action will update Florida's definitions and make 
changes to rules approved into the SIP. Changes made to definitions are 
related to basic definitions of criteria air pollutants and their 
precursors and minor edits to permitting and NSR terms. Definitions are 
also partly renumbered with the July 1, 2011, submission. The changes 
made to the regulations, other than definitions, are administrative in 
nature, including updating internal references.

III. Analysis of Florida's SIP Revision

A. Rule 62-210.200--Definitions

    Florida's July 1, 2011, SIP revision makes changes to definitions 
for criteria air pollutants and their precursors. Florida adds a 
definition at Rule 62-210.200(211) for ``nitrogen oxides'' to be 
consistent with EPA regulations, referencing test methods at 40 Code of 
Federal Regulations part 60 (40 CFR part 60). The July 1, 2011, SIP 
submittal revises the definition of ``PM10,'' or 
``particulate matter with an aerodynamic diameter less than or equal to 
a nominal 10 micrometers,'' at Rule 62-210.200(235), renumbered from 
(221), correcting a typographical error to reference EPA test methods 
at 40 CFR part 51, subpart M. Finally, the July 1, 2011, SIP revision 
changes the definition of ``Volatile Organic Compounds (VOC)'' at Rule 
62-210.200(326), renumbered from (306). This change for VOC 
incorporates the federal definition of VOC at 40 CFR 51.100(s) by 
reference rather than requiring the State to periodically incorporate 
individual changes to the federal definition. These changes to 
definitions became state effective on October 12, 2008.
    The July 1, 2011, SIP revision made changes to definitions related 
to NSR to correct typographical errors, to make internal references 
consistent, renumber definitions, and make minor administrative edits. 
Florida changed the definition of ``best available control 
technology,'' at Rule 62-210.200(40), by correcting a typographical 
error carried over from a previous revision. No substantive change was 
made to the SIP-approved definition, and the minor edits became state 
effective on October 12, 2008. The July 1, 2011, SIP revision also 
changed the definition of ``federally enforceable,'' at Rule 62-
210.200(136), renumbered from (124), to clarify citations to rules 
under which federally enforceable permits are issued or were 
historically issued. This change to ``federally enforceable'' became 
state effective on February 11, 1999. Florida also revised the 
definition of ``modification'' at Rule 62-210.200(199), renumbered from 
(183), to remove references to non-SIP related uses of the term. In 
addition to removing references to 40 CFR part 60 (New Source 
Performance Standards), 40 CFR part 61 (National Emission Standards for 
Hazardous Air Pollutants), and CAA section 112 (Hazardous Air 
Pollutants), a reference to 40 CFR part 52 (Approval and Promulgation 
of Implementation Plans) is removed from this definition. However, the 
remaining portion of the SIP-approved definition is nonetheless 
consistent with the definition as used under 40 CFR part 52. This 
change became state effective on February 11, 1999. The Florida 
submittal revises the definition of ``net emissions increase'' at Rule 
62-210.200(204), renumbered from (179) and state effective on October 
12, 2008, to correct typographical errors and to remove numbered 
citations to other definitions within Rule 62-210.200, adding explicit 
references for ``actual emissions'' and ``baseline actual emissions'' 
within the definition instead. No substantive changes are made to the 
definition of ``net emissions increase.'' Florida also modifies the 
definition of ``regulated air pollutant'' at Rule 62-210.200(255), 
renumbered from (237), to make an administrative edit that corrected 
``any volatile organic compound'' to ``volatile organic compounds'' to 
be consistent with EPA use of the collective term. This change to 
``regulated air pollutant'' became state effective on October 12, 2008. 
Finally, the July 1, 2011, submittal revises the definition of 
``significant impact'' at Rule 62-210.200(275), renumbered from (253) 
and state effective on November 13, 1997, to correct a typographical 
error. Florida's definition of ``significant impact'' largely 
corresponds with EPA's provisions for significant impact levels (SILs) 
for pollutants impacting nonattainment areas at 40 CFR 51.165(b)(2), 
but Florida includes a SIL for lead, which has never been included in 
the federal provision. With this SIP revision, Florida is removing SILs 
under lead for 1-hour periods and 8-hour periods, which were carried 
over in error from the carbon monoxide SIL, as well as an additional 
typographical error. No substantive change is made to the SIP-approved 
definition.
    EPA is approving these changes to definitions in the Florida SIP, 
which became state effective at the following dates as described above: 
November 13, 1997, February 11, 1999, and October 12, 2008. The 
renumbering of definitions, which is the final change to Rule 62-
210.200 included in the SIP revision, became state effective on March 
11, 2010.

B. Rule 62-210.220--Small Business Assistance Program

    The July 1, 2011, submittal makes changes to Florida's SBA program 
at Rule 62-210.220(2)(c) by updating

[[Page 30769]]

obsolete references to State rules and updating the reference to 
Chapter 28-106, F.A.C. The SBA program previously referenced Florida 
Chapter 62-103, ``Rules of Administrative Procedure,'' for sources 
responding to determinations or petitioning for determinations to be 
included in the SBA program. The State adopted new rules at Chapter 28-
106, ``Decisions Determining Substantial Interests,'' on April 1, 1997. 
The new Chapter repealed Rule 62-103 and made these types of 
administrative procedures standard across all Florida state agencies. 
The SIP revision is administrative in nature and became state effective 
on February 11, 1999. EPA is approving this change to make references 
to State rules consistent in the SIP.

C. Rule 62-212.720--Plantwide Applicability Limits

    The July 1, 2011, submittal revises the PAL provisions only to 
correct an error at Rule 62-212.720(1). The introductory paragraph 
affected previously referenced a non-existent definition at Rule 62-
210.200, and the reference was deleted. This revision is administrative 
in nature and became state effective on October 6, 2008. EPA is 
approving this change into the Florida SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Florida Rule 
62-210.200, F.A.C. entitled ``Definitions,'' effective March 11, 2010, 
to add definitions and make administrative updates, Rule 62-210.220, 
F.A.C., entitled ``Small Business Assistance Program,'' effective 
October 6, 2008, to correct internal references, and Rule 62-210.720, 
F.A.C., entitled ``Actuals Plantwide Applicability Limits (PALs),'' 
which corrects an error effective December 17, 2013.\1\ Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \1\ The state effective date of the change to Rule 62-210.720, 
F.A.C. made in Florida's July 1, 2011, SIP revision is October 6, 
2008. However, for purposes of the state effective date included at 
40 CFR 52.520(c), that change to Florida's rule is captured and 
superseded by Florida's update in a December 19, 2013, SIP revision, 
state effective on December 17, 2013, which EPA previously approved 
on May 19, 2014. See 78 FR 28607.
    \2\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the CFR and the CAA. Because these changes are 
administrative and insignificant in nature, they are in accordance with 
section 110(l) of the CAA because they will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. 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 September 1, 2017 
without further notice unless the Agency receives adverse comments by 
August 2, 2017.
    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 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 September 1, 2017 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, the Agency may adopt as final those provisions of the rule 
that are not the subject of an adverse comment.

VI. 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. See 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, these 
actions merely approve state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
     Are not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where 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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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

[[Page 30770]]

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 1, 2017. 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: June 15, 2017.
V. Anne Heard,
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

0
2. Section 52.520(c) is amended under Chapter 62-210 and 62-212 by 
revising entries for ``62-210.200,'' ``62-210.220,'' and ``62-212.720'' 
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   EPA approval date           Explanation
                                                        date
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                                                  * * * * * * *
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                             Chapter 62-210 Stationary Sources--General Requirements
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                                                  * * * * * * *
62-210.200.....................  Definitions......      3/11/10  7/3/2017 [Insert   ............................
                                                                  citation of
                                                                  publication].
62-210.220.....................  Small Business         10/6/08  7/3/2017 [Insert   ............................
                                  Assistance                      citation of
                                  Program.                        publication].
 
                                                  * * * * * * *
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                            Chapter 62-212 Stationary Sources--Preconstruction Review
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                                                  * * * * * * *
62-212.720.....................  Actuals Plantwide     12/17/13  7/3/2017 [Insert   ............................
                                  Applicability                   citation of
                                  Limits (PALs).                  publication].
 
                                                  * * * * * * *
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[FR Doc. 2017-13862 Filed 6-30-17; 8:45 am]
 BILLING CODE 6560-50-P