[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33807-33809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15268]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0656; FRL-9965-14-Region 4]


Air Plan Approval; Florida: Unnecessary Rule Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Florida State Implementation Plan submitted by the 
Florida Department of Environmental Protection (DEP) on February 20, 
2013. The revision removes unnecessary and superseded rules from the 
Florida State Implementation Plan (SIP). Specifically, this revision 
removes non-regulatory introductory language, as well as a regulation 
that has been superseded by more stringent federal regulations. This 
action is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective September 19, 2017 without 
further notice, unless EPA receives adverse comment by August 21, 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-2016-0656 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

[[Page 33808]]

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: Sean Lakeman, 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., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with 40 CFR 51.103, DEP submitted for EPA to review 
and approve revisions to Florida's SIP under the CAA. The SIP revision 
removes four rules from the SIP that are unnecessary or have been 
superseded by federal regulations. The rules requested to be removed 
from the SIP are Rule 62-210.100, Florida Administrative Record 
(F.A.C.), ``Purpose and Scope;'' Rule 62-212.100, F.A.C., ``Purpose and 
Scope;'' Rule 62-296.407, F.A.C., ``Portland Cement Plants;'' and Rule 
62-297.100, F.A.C., ``Purpose and Scope.''

II. Analysis of State's Submittal

    On February 20, 2013, the DEP submitted a SIP revision to EPA for 
review and approval. This SIP revision requests the removal of Rules 
62-210.100, 62-212.100, and 62-297.100, F.A.C., each of which is titled 
``Purpose and Scope,'' because they contain unnecessary, introductory 
language for the associated rule chapters. This introductory language 
serves no regulatory purpose and can be removed without being 
considered a relaxation of a regulation. The language merely introduces 
the regulatory chapter that follows and does not impose any regulatory 
requirements.
    This SIP revision also removes Rule 62-296.407, F.A.C., ``Portland 
Cement Plants,'' from the current SIP. Particulate matter (PM) 
emissions from Portland cement kilns and clinker coolers are more 
stringently regulated under 40 CFR part 60, subpart F (Standards of 
Performance for Portland Cement Plants), and 40 CFR part 63, subpart 
LLL (National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry), than under Rule 62-296.407, 
F.A.C. The Florida DEP has been delegated the authority to implement 
and enforce both part 60, subpart F, see 55 FR 23077 (June 6, 1990) and 
63 FR 50163 (September 21, 1998), and part 63, subpart LLL, see 40 CFR 
63.99(a)(10). All Portland cement facilities in Florida originally 
subject only to Rule 62-296.407, F.A.C., have either been permanently 
shut down or modernized such that the emission limits set forth in the 
federal regulations currently apply. Actual PM emissions are expected 
to decrease in the future as facilities come into compliance with 40 
CFR part 63, subpart LLL, as most recently amended on September 11, 
2015. See 80 FR 54728.
    These changes are consistent with section 110 of the CAA and meet 
the regulatory requirements pertaining to SIPs. Pursuant to CAA section 
110(l), the Administrator shall not approve a revision of a plan if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA section 
171), or any other applicable requirement of the Act. The revision of 
Rules 62-210.100, 62-212.100, 62-296.407, and 62-297.100 and, F.A.C., 
are approvable under section 110(l) because they would not interfere 
with the attainment and maintenance of the NAAQS.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the revision 
to the Florida SIP removing unnecessary rules from the SIP. EPA has 
evaluated Florida's February 20, 2013, submittal and has determined 
that it meets the applicable requirements of the CAA and EPA 
regulations and is consistent with EPA policy.
    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 19, 
2017 without further notice unless the Agency receives adverse comments 
by August 21, 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 19, 2017 and 
no further action will be taken on the proposed rule.
    Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

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. 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, 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 33809]]

     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).
    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 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 19, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: July 7, 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


Sec.  52.520   [Amended]

0
2. Section 52.520(c) is amended by removing the entries for ``62-
210.100,'' ``62-212.100,'' ``62-297.100,'' and ``62-296.407.''

[FR Doc. 2017-15268 Filed 7-20-17; 8:45 am]
 BILLING CODE 6560-50-P