[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13875-13878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0500; FRL-9976-17--Region 4]


Air Plan Approval; Florida; Stationary Sources Emissions 
Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a portion of a State Implementation Plan (SIP) 
revision submitted by the State of Florida, through the Florida 
Department of Environmental Protection (FDEP) on February 1, 2017, for 
the purpose of revising Florida's requirements and procedures for 
emissions monitoring at stationary sources. Specifically, Florida's 
February 1, 2017, SIP submittal includes amendments to three Florida 
Administrative Code (F.A.C.) rule sections, as well as the removal of 
one F.A.C. rule section from the Florida SIP, in order to eliminate 
redundant language and make updates to the requirements for emissions 
monitoring at stationary sources. Additionally, this action includes a 
correction to remove an additional F.A.C. rule that was previously 
approved by EPA for removal from the SIP but was never removed. This 
action is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective May 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0500. All documents in the docket 
are listed on the www.regulations.gov website. 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, 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) 562-8966. Mr. Febres can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking today?

    On February 1, 2017, FDEP submitted to EPA for approval a SIP 
revision for the purpose of updating Florida's requirements and 
procedures for emissions monitoring at stationary sources. Florida's 
February 1, 2017, SIP revision includes amendments to three F.A.C. rule 
sections and the removal of one F.A.C. rule section from the Florida 
SIP. Specifically, these changes to Florida's rules include the 
amendments of Rule 62-297.310, F.A.C.--``General Emissions Test 
Requirement;'' Rule 62-297.440, F.A.C.--``Supplementary Test 
Procedures;'' and Rule 62-297.450, F.A.C.--``EPA VOC Capture Efficiency 
Test Procedures.'' In addition, Florida's February 1, 2017, SIP 
submittal includes the removal of one of Florida's rule sections from 
the SIP. Specifically, Florida requested to remove Rule 62-297.401, 
F.A.C.--``Compliance Test Methods'' from the State's implementation 
plan because it has been repealed at the state level, and, according to 
the submittal, the section is unnecessary, obsolete or duplicative of 
other F.A.C. Rules.

[[Page 13876]]

    Through this rulemaking, EPA is finalizing approval of the portions 
of Florida's February 1, 2017, SIP revision regarding amendments to 
Rule 62-297.440, F.A.C., and Rule 62-297.450, F.A.C., as well as the 
removal of Rules 62-297.401, F.A.C., from the State's implementation 
plan. The portion of the SIP regarding Rule 62-297.310 was previously 
approved in a separate rulemaking, which approved several SIP 
amendments making administrative and recodification changes to 
Florida's SIP. See 82 FR 46682 (October 6, 2017).
    In addition to the removal of Rule 62-297.401, F.A.C., EPA is 
removing Rule 62-297.400, F.A.C.--``EPA Methods Adopted by Reference'' 
from the Florida SIP. The removal of this rule section was previously 
approved by EPA, but was never reflected in Florida's SIP-approved 
rules table in 40 CFR 52.520(c). For more detail on the approval to 
remove Rule 62-297.400, F.A.C., see the June 16, 1999, rulemaking (64 
FR 32346).

II. Background

    On October 13, 2017, EPA published a proposed rulemaking (82 FR 
47662), which accompanied a direct final rulemaking (82 FR 47636) 
published on the same date. The proposed rule proposed to approve the 
portion of Florida's February 1, 2017 SIP revision described above. It 
also stated that if EPA received adverse comment on the direct final 
rule, the direct final rule would be withdrawn and all public comments 
received would be addressed in a subsequent final rule based on the 
proposed rule. EPA received 11 comments on the direct final rule, 10 of 
which were not relevant to the action. However, one of those comments 
was adverse. As a result, the direct final rule was subsequently 
withdrawn. After considering the adverse comment, EPA is now taking 
final action, based on the proposed rule, on the portion of Florida's 
February 1, 2017 SIP revision described above.

III. Analysis of Florida's Submittal

    As stated in the proposed rule (82 FR 47662), a detailed rationale 
for EPA's approval of the above-described portions of Florida's 
February 1, 2017 SIP revision is set forth in the preamble to the 
direct final rule (82 FR 47636). In summary, EPA is approving 
amendments to Rule 62-297.440, F.A.C. that remove several subsections 
which contain test methods that are either adopted by reference in 
other rule sections or are now obsolete. EPA is approving amendments to 
Rule 62-297.450, F.A.C. because the changes clarify and simplify the 
language in the rule, and are consistent with EPA's VOC capture 
efficiency test procedure guidelines, as established in the agency's 
GD-035 guideline. EPA is approving the removal of Rule 62-297.401, 
F.A.C. from Florida's SIP because the requirements are still in place 
in other state rules and is unnecessary. Finally, EPA is removing Rule 
62-297.400, F.A.C. from Florida's SIP because removal was previously 
approved by EPA, but was never reflected in Florida's SIP-approved 
rules table in 40 CFR 52.520(c).

IV. Response to Comments

    Comment: As mentioned above, EPA received one adverse public 
comment on the direct final rule published on October 13, 2017. The 
comment is available for public viewing as a part of the electronic 
docket for this rulemaking.\1\ In summary, the Commenter requested EPA 
to take additional public comments on these SIP revisions because the 
information in the docket was not fully accessible to the public during 
the initial comment period for this action. A second portion of the 
comment was not relevant to the action being taken by EPA.
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    \1\ See Docket Identification No. EPA-R04-OAR-2017-0500 at 
www.regulations.gov.
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    Response: EPA subsequently made the state submittals and related 
materials fully accessible to the public in the electronic docket, and 
on December 14, 2017 (82 FR 58790), reopened the comment period for the 
proposed rule that accompanied the now withdrawn direct final rule. In 
the rulemaking reopening the comment period, EPA explained that it 
would accept public comments until January 16, 2018, and that it would 
address any comments received in a separate final action based on the 
proposed action published on October 13, 2017 (82 FR 47662). During the 
reopened comment period from December 14, 2017, until January 16, 2018, 
EPA received an additional 12 comments, but those comments were not 
relevant. The 12 additional comments are included in the electronic 
docket for this action.

V. 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 Rule 62-
297.440, F.A.C., entitled ``Supplementary Test Procedures'' and Rule 
62-297.450, F.A.C., entitled ``EPA VOC Capture Efficiency Test 
Procedures,'' both state effective on July 19, 2014. 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 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\
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    \2\ 62 FR 27968 (May 22, 1997).
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VI. Final Action

    EPA is finalizing approval of the above mentioned changes to the 
Florida SIP, as submitted to us in Florida's February 1, 2017, SIP 
revision. Specifically, EPA is approving the amendments to Rule 62-
297.440, F.A.C., and Rule 62-297.450, F.A.C., both state effective on 
July 19, 2014, as well as the removal of Rule 62-297.401, F.A.C., from 
Florida's SIP. In addition, EPA is removing Rule 62-297.400, F.A.C., 
from Florida's SIP as approved in a previous rulemaking.\3\ This action 
is limited to the two rule revisions and two rule removals mentioned 
above and does not act on the portion of the February 1, 2017, SIP 
submittal regarding Rule 62-297.310. As mentioned in Section I above, 
the changes to Rule 62-297.310, were previously approved in a separate 
rulemaking. See 82 FR 46682 (October 6, 2017).
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    \3\ See Section III of this rulemaking for details on Rule 62-
297.400.
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VII. 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. 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,

[[Page 13877]]

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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
     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 June 1, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 15, 2018.
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. In Sec.  52.520 paragraph (c) is amended under ``Chapter 62-297 
Stationary Sources--Emissions Monitoring'' by:
0
a. Removing the entries for ``62-297.400'' and ``62-297.401;'' and
0
b. Revising the entries for ``62-297.440'' and ``62-297.450'' 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 date   EPA approval date       Explanation
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                                                  * * * * * * *
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                             Chapter 62-297 Stationary Sources--Emissions Monitoring
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                                                  * * * * * * *
62-297.440.......................  Supplementary Test        7/10/2014  4/2/2018 [Insert     ...................
                                    Procedures.                          citation of
                                                                         publication].
62-297.450.......................  EPA VOC Capture           7/10/2014  4/2/2018, [Insert    ...................
                                    Efficiency Test                      citation of
                                    Procedures.                          publication].
 
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[FR Doc. 2018-06542 Filed 3-30-18; 8:45 am]
 BILLING CODE 6560-50-P