[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46682-46685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21504]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-9968-92-Region 4]


Air Plan Approval; Florida; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of portions of five State Implementation Plan (SIP) revisions 
submitted by the State of Florida, Department of Environmental 
Protection (FDEP), through the Florida Division of Air Resource 
Management, on June 23, 1999, July 1, 2011, December 12, 2011, February 
27, 2013, and February 1, 2017. Florida's SIP revisions recodify, 
clarify, and reorganize the State's non-title V air permitting and 
compliance assurance program regulations consistent with flexibility 
provided

[[Page 46683]]

under the Clean Air Act (CAA or Act) and EPA's rules which address new 
source preconstruction permitting. EPA is finalizing approval of 
Florida's SIP revisions on the basis that they are consistent with the 
CAA and EPA's requirements for permitting air emission sources.

DATES: This rule will be effective November 6, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0105. 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 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. 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: Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    FDEP submitted to EPA for adoption into the Florida SIP five 
revisions, three of which were submitted on June 23, 1999, July 1, 
2011, and February 27, 2013, as part of the State's efforts to clarify 
and streamline Florida's non-title V air permitting and compliance 
assurance program and to address EPA's minor source preconstruction 
requirements under 40 CFR 51.160-51.164. In addition, on December 12, 
2011, FDEP submitted a SIP revision to add a definition of ``North 
American Industry Classification System,'' or ``NAICS,'' to the Florida 
SIP. On February 1, 2017, FDEP submitted a SIP revision to address 
requirements for emissions monitoring at stationary sources. The 1999 
SIP submission includes amendments to 16 rule sections in the Florida 
Administrative Code (F.A.C.) that were adopted by the State between 
1997 and 1999 to clarify and streamline FDEP's permitting process. The 
2011 SIP submission includes clarifying and corrective amendments to 11 
F.A.C. rule sections affecting FDEP's permitting regulations that were 
adopted by the State between 1997 and 2010. In its 2013 SIP submission, 
FDEP updates the 1999 and 2011 SIP submissions by either resubmitting 
or withdrawing 12 of the 16 F.A.C. rule sections originally included in 
those submittals, and providing updated versions of the remaining four 
rule sections for incorporation into the Florida SIP.
    In a proposed rulemaking published on August 10, 2017 (82 FR 
37379), EPA proposed to approve specified portions of the five Florida 
SIP revisions on June 23, 1999, July 1, 2011, December 12, 2011, 
February 27, 2013, and February 1, 2017. The details of Florida's 
submissions and the rationale for EPA's actions are explained in the 
proposed rulemaking. Comments on the proposed rulemaking were due on or 
before September 11, 2017. EPA received no adverse comments on the 
proposed action. Accordingly, in this action, EPA is finalizing action 
regarding the relevant regulations (or portions thereof) from these 
five SIP submissions.

II. 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 
Chapters 62-210.200 ``Definitions,'' which was state effective 3/28/12; 
62-210.310 ``Air General Permits,'' state effective 6/29/11; 62-210.350 
``Public Notice and Comment,'' state effective 10/12/08; 62-296.100 
``Purpose and Scope,'' state effective 10/6/08; 62-296.405 ``Fossil 
Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat 
Input,'' state effective 3/2/99; 62-296.406 ``Fossil Fuel Steam 
Generators with Less Than 250 Million Btu Per Hour Heat Input, New and 
Existing Emissions Units,'' state effective 3/2/99; 62-296.412 ``Dry 
Cleaning Facilities,'' state effective 3/11/10; 62-296.414 ``Concrete 
Batching Plants,'' state effective 1/10/07; 62-296.418 ``Bulk Gasoline 
Plants,'' state effective 3/11/10; 62-296.500 ``Reasonably Available 
Control Technology (RACT)--Volatile Organic Compounds (VOC) and 
Nitrogen Oxides (NOX) Emitting Facilities,'' state effective 
3/11/10; 62-296.508 ``Petroleum Liquid Storage,'' state effective 10/6/
08; 62-297.310 ``General Emissions Test Requirements,'' state effective 
3/9/15; and 62-297.450 ``EPA VOC Capture Efficiency Test Procedures,'' 
state effective 3/2/99. 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). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, 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.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval of portions of the five Florida SIP 
revisions submitted to EPA on June 23, 1999, July 1, 2011, December 12, 
2011, February 27, 2013, and February 1, 2017, on the basis that they 
are consistent with the CAA and EPA's requirements for permitting air 
emission sources.

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 Act. 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, 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.);

[[Page 46684]]

     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 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 December 5, 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. 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 oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Dated: September 22, 2017.
Onis ``Trey'' Glenn, III,
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:
0
a. Under the heading ``Chapter 62-210 Stationary Sources--General 
Requirements'' by revising the entries for ``62-210.200'', ``62-
210.310'' and ``62-210.350'';
0
b. Under the heading ``Chapter 62-210 Stationary Sources--General 
Requirements'' by removing the entry for ``62-210.920'';
0
c. Under the heading ``Chapter 62-296 Stationary Sources--Emission 
Standards'' by revising the entries for ``62-296.100'', ``62-296.405'', 
``62-296.406'', ``62-296.412'', ``62-296.414'', ``62-296.418'', ``62-
296.500'' and ``62-296.508'', and
0
d. Under the heading ``Chapter 62-297 Stationary Sources--Emissions 
Monitoring'' by revising the entries for ``62-297.310'' and ``62-
297.450''.
    The revisions 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 date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200...................  Definitions..........         3/28/12  10/6/17, [Insert      Selected definitions
                                                                       Federal Register      are approved into
                                                                       citation].            the SIP.
 
                                                  * * * * * * *
62-210.310...................  Air General Permits..         6/29/11  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
62-210.350...................  Public Notice and            10/12/08  10/6/17, [Insert      Excludes revisions
                                Comment.                               Federal Register      state effective
                                                                       citation].            February 11, 1999,
                                                                                             which added 62-
                                                                                             210.350(1)(c) and
                                                                                             62-210.350(4)(a)2,
                                                                                             and revised 62-
                                                                                             210.350(4)(b).
 

[[Page 46685]]

 
                                                  * * * * * * *
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                              Chapter 62-296 Stationary Sources--Emission Standards
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62-296.100...................  Purpose and Scope....         10/6/08  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.405...................  Fossil Fuel Steam              3/2/99  10/6/17, [Insert
                                Generators with More                   Federal Register
                                Than 250 Million Btu                   citation].
                                Per Hour Heat Input.
62-296.406...................  Fossil Fuel Steam              3/2/99  10/6/17, [Insert
                                Generators with Less                   Federal Register
                                Than 250 Million Btu                   citation].
                                Per Hour Heat Input,
                                New and Existing
                                Emissions Units.
 
                                                  * * * * * * *
62-296.412...................  Dry Cleaning                  3/11/10  10/6/17, [Insert
                                Facilities.                            Federal Register
                                                                       citation].
62-296.414...................  Concrete Batching             1/10/07  10/6/17, [Insert
                                Plants.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.418...................  Bulk Gasoline Plants.         3/11/10  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.500...................  Reasonably Available          3/11/10  10/6/17, [Insert
                                Control Technology                     Federal Register
                                (RACT)--Volatile                       citation].
                                Organic Compounds
                                (VOC) and Nitrogen
                                Oxides (NOX)
                                Emitting Facilities.
 
                                                  * * * * * * *
62-296.508...................  Petroleum Liquid              10/6/08  10/6/17, [Insert      Amendments effective
                                Storage.                               Federal Register      10/6/08
                                                                       citation].
 
                                                  * * * * * * *
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                             Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.310...................  General Emissions              3/9/15  10/6/17, [Insert
                                Test Requirements.                     Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-297.450...................  EPA VOC Capture                3/2/99  10/6/17, [Insert
                                Efficiency Test                        Federal Register
                                Procedures.                            citation].
 
                                                  * * * * * * *
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[FR Doc. 2017-21504 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P