[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Proposed Rules]
[Pages 68863-68870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27163]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0148; FRL-10003-33-Region 4]


Air Plan Approval; Florida; Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State Implementation Plan (SIP) submission provided by the 
State of Florida, through the Florida Department of Environmental 
Protection (FDEP), through a letter dated September 18, 2018, for 
inclusion into the Florida SIP. This proposal pertains to the 
infrastructure requirements of the Clean Air Act (CAA or Act) for the 
2015 8-hour ozone national ambient air quality standards (NAAQS). 
Whenever EPA promulgates a new or revised NAAQS, the CAA requires that 
each state adopt and submit a SIP for the implementation, maintenance, 
and enforcement of each NAAQS promulgated by EPA. FDEP certified

[[Page 68864]]

that the Florida SIP contains provisions that ensure the 2015 8-hour 
ozone NAAQS is implemented, enforced, and maintained in Florida. EPA is 
proposing to determine that Florida's SIP submission satisfies certain 
required infrastructure elements for the 2015 8-hour ozone NAAQS.

DATES: Written comments must be received on or before January 16, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0148 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9088. Ms. Bell can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On October 1, 2015 (published on October 26, 2015, see 80 FR 
65292), EPA promulgated a revised primary and secondary NAAQS for ozone 
revising the 8-hour ozone NAAQS from 0.075 parts per million to a new 
more protective level of 0.070 ppm. Pursuant to section 110(a)(1) of 
the CAA, states are required to submit SIP revisions meeting the 
applicable requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) requires states to address basic 
SIP elements such as requirements for monitoring, basic program 
requirements and legal authority that are designed to assure attainment 
and maintenance of the NAAQS. This particular type of SIP is commonly 
referred to as an ``infrastructure SIP.'' States were required to 
submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later than 
October 1, 2018.\1\
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    \1\ In these infrastructure SIP submissions, states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).
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    This rulemaking is proposing to approve portions of Florida's 
September 18, 2018 \2\ ozone infrastructure SIP submission for the 
applicable requirements of the 2015 8-hour ozone NAAQS. EPA is not 
taking action on the interstate transport requirements of section 
110(a)(2)(D)(i)(I). EPA will consider these requirements for Florida 
for the 2015 8-hour ozone NAAQS separately. For the aspects of 
Florida's submittal proposed for approval in this rulemaking, EPA notes 
that the Agency is not approving any specific rule, but rather 
proposing that Florida's already approved SIP meets certain CAA 
requirements.
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    \2\ The September 18, 2018 SIP submission provided by FDEP was 
received by EPA on September 26, 2018.
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II. What elements are required under sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains.\3\
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    \3\ Throughout this rulemaking, unless otherwise indicated, the 
term ``Florida Administrative Code'' or ``F.A.C.'' indicates that 
the cited regulation has been approved into Florida's federally-
approved SIP. The term ``Florida Statutes'' or ``F.S.'' indicates 
cited Florida state statutes, which are not a part of the SIP unless 
otherwise indicated.
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    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned above, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. The 
requirements of section 110(a)(2) are listed below and summarized in 
Section IV and in EPA's September 13, 2013, memorandum entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' \4\
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    \4\ Two elements identified in section 110(a)(2) are not 
governed by the three-year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D, title I of the CAA; and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. This proposed rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or the part D nonattainment permitting requirements of 
110(a)(2)(C).

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)(2)(C): Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources \5\
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    \5\ As mentioned above, the Part D permit program for 
construction and modification of stationary sources is not relevant 
to this proposed rulemaking.
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 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP Revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \6\
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    \6\ As also mentioned above, this element is not relevant to 
this proposed rulemaking.
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 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and Prevention of Significant Deterioration (PSD) and 
Visibility Protection

[[Page 68865]]

 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from Florida that addresses 
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) 
for the 2015 8-hour ozone NAAQS. Whenever EPA promulgates a new or 
revised NAAQS, CAA section 110(a)(1) requires states to make SIP 
submissions to provide for the implementation, maintenance, and 
enforcement of the NAAQS, commonly referred to as an ``infrastructure 
SIP.'' These infrastructure SIP submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity 
in some of the language of CAA section 110(a)(2), EPA believes that it 
is appropriate to interpret these provisions in the specific context of 
acting on infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\7\ Unless otherwise 
noted below, we are following that existing approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's 
implementation plan for facial compliance with statutory and regulatory 
requirements, not for the state's implementation of its SIP.\8\ The EPA 
has other authority to address any issues concerning a state's 
implementation of the rules, regulations, consent orders, etc. that 
comprise its SIP.
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    \7\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Florida's infrastructure SIP to address the 2010 1-hour 
Sulfur Dioxide NAAQS (80 FR 51157 (Aug. 24, 2015)).
    \8\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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IV. What is EPA's analysis of how Florida addressed the elements of the 
sections 110(a)(1) and (2) ``Infrastructure'' provisions?

    The Florida infrastructure SIP submission addresses the provisions 
of sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A) Emission Limits and Other Control Measures: Section 
110(a)(2)(A) requires that each implementation plan include enforceable 
emission limitations and other control measures, means, or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements. Several regulations within Florida's SIP are relevant to 
air quality control. The regulations described below include 
enforceable emission limitations and other control measures. Florida 
Administrative Code (F.A.C.) Chapters 62-204, Air Pollution Control--
General Provisions; 62-210, Stationary Sources--General Requirements; 
62-212, Stationary Sources--Preconstruction Review; 62-296, Stationary 
Sources--Emissions Standards; and 62-297, Stationary Sources--Emissions 
Monitoring collectively establish enforceable emissions limitations and 
other control measures, means or techniques for activities that 
contribute to ozone concentrations in the ambient air, and provide 
authority for FDEP to establish such limits and measures as well as 
schedules for compliance through SIP-approved permits to meet the 
applicable requirements of the CAA.
    Additionally, the following sections of the Florida Statutes 
provide FDEP the authority to conduct certain actions in support of 
this infrastructure element. Section 403.061(9), Florida Statutes, 
authorizes FDEP to ``[a]dopt a comprehensive program for the 
prevention, control, and abatement of pollution of the air . . . of the 
state;'' and Section 403.8055, Florida Statutes, authorizes FDEP to 
``[a]dopt rules substantively identical to regulations adopted in the 
Federal Register by the United States Environmental Protection Agency 
pursuant to federal law . . .''
    EPA has made the preliminary determination that the provisions 
contained in these SIP-approved regulations and sections of the Florida 
Statutes satisfy section 110(a)(2)(A) for the 2015 8-hour ozone NAAQS 
in the State.
    2. 110(a)(2)(B) Ambient Air Quality Monitoring/Data System: Section 
110(a)(2)(B) requires SIPs to provide for establishment and operation 
of appropriate devices, methods, systems, and procedures necessary to: 
(i) Monitor, compile, and analyze data on ambient air quality, and (ii) 
upon request, make such data available to the Administrator. SIP-
approved rules at Chapters 62-204, 62-210, and 62-212 of the F.A.C. 
require the use of federal reference methods or equivalent monitors and 
also provide authority for FDEP to establish monitoring requirements 
through SIP-approved permits. Additionally, the following three 
sections of the Florida Statutes provide FDEP the authority to take 
specific actions in support of this infrastructure element: Section 
403.061(1), Florida Statutes, authorizes FDEP to ``[a]pprove and 
promulgate current and long-range plans developed to provide for air 
quality and control and pollution abatement; Section 403.061(9), 
Florida Statutes, authorizes FDEP to [a]dopt a comprehensive program 
for the prevention, control and abatement of pollution of the air . . . 
of the State; and Section 403.061(11), Florida Statutes, authorizes 
FDEP to ``[e]stablish ambient air quality . . . standards for the state 
as a whole or for any part thereof.'' Annually, states develop and 
submit to EPA for approval statewide ambient monitoring network plans 
consistent with the requirements of 40 CFR parts 50, 53, and 58. The 
annual network plan involves an evaluation of any proposed changes to 
the monitoring network, includes the annual ambient monitoring network 
design plan, and includes a certified evaluation of the state's ambient 
monitors and auxiliary support equipment.\9\ Florida submitted its 
monitoring network plan for 2018 to EPA on June 24, 2018. On October 
22, 2019, EPA approved Florida's monitoring network plan. Florida's 
approved monitoring network plan can be accessed at www.regulations.gov 
using Docket ID No. EPA-R04-OAR-2019-0148. EPA has made the preliminary 
determination that Florida's SIP and practices are adequate for the 
ambient air quality monitoring and data system related to the 2015 8-
hour ozone NAAQS.
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    \9\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR part 58.
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    3. 110(a)(2)(C) Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources: This element

[[Page 68866]]

consists of three sub-elements: Enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources, and preconstruction permitting of major sources and major 
modifications in areas designated attainment or unclassifiable for the 
subject NAAQS as required by CAA title I part C (i.e., the major source 
PSD program). FDEP's 2015 8-hour ozone NAAQS infrastructure SIP 
submission cited a number of SIP provisions to address these 
requirements. EPA's rationale for its proposed action regarding each 
sub-element is described below.
    Enforcement: FDEP cited Chapters 62-210, 62-212, F.A.C., which 
provide for enforcement of emission limits and control measures through 
permitting. Florida also cited to Section 403.061(6), Florida Statutes, 
which requires FDEP to ``[e]xercise general supervision of the 
administration and enforcement of the laws, rules, and regulations 
pertaining to air and water pollution;'' and Section 403.121, Florida 
Statutes, which authorizes FDEP to seek judicial and administrative 
remedies for violations, including civil penalties, injunctive relief, 
and criminal prosecution for violations of any FDEP rule or permit. 
These provisions provide FDEP with authority for enforcement of 
volatile organic compounds (VOC) and nitrogen of oxides 
(NOX) emission limits and control measures.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source program that regulates emissions of the 2015 8-hour ozone NAAQS. 
FDEP cited Chapter 62-210, F.A.C. These provisions of Florida's SIP 
regulate the construction of any new minor stationary source and minor 
modifications at an existing stationary source. These regulations 
enable FDEP to regulate sources contributing to the 2015 8-hour ozone 
NAAQS.
    PSD Permitting for Major Sources: EPA interprets the PSD sub-
element to require that a state's infrastructure SIP submission for a 
particular NAAQS demonstrate that the state has a complete PSD 
permitting program in place covering the current PSD requirements for 
all regulated NSR pollutants. A state's PSD permitting program is 
complete for this sub-element (and J related to PSD) if EPA has already 
approved or is simultaneously approving the state's SIP with respect to 
all PSD requirements that are due under the EPA regulations or the CAA 
on or before the date of the EPA's proposed action on the 
infrastructure SIP submission. Florida's authority to regulate new and 
modified sources to assist in the protection of air quality in 
attainment or unclassifiable areas is established in F.A.C. Chapters 
62-210, Stationary Sources--General Requirements, Section 200--
Definitions, and 62-212, Stationary Sources--Preconstruction Review, 
Section 400--Prevention of Significant Deterioration, of the Florida 
SIP. Under Florida's SIP, new major sources and major modifications in 
areas of the State designated attainment or unclassifiable for a NAAQS 
are subject to a federally-approved PSD permitting program meeting all 
the current structural requirements of part C of title I of the CAA to 
satisfy the infrastructure SIP PSD elements.
    EPA has made the preliminary determination that Florida's SIP and 
practices are adequate for program enforcement of control measures, 
regulation of minor sources and modifications, and PSD preconstruction 
permitting of major sources and major modifications.
    4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport: 
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). Each of these components has two subparts 
resulting in four distinct components, commonly referred to as 
``prongs,'' that must be addressed in infrastructure SIP submissions. 
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), 
are provisions that prohibit any source or other type of emissions 
activity in one state from contributing significantly to nonattainment 
of the NAAQS in another state (``prong 1'') and interfering with 
maintenance of the NAAQS in another state (``prong 2''). The third and 
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are 
provisions that prohibit emissions activity in one state from 
interfering with measures required to prevent significant deterioration 
of air quality in another state (``prong 3''), or to protect visibility 
in another state (``prong 4'').
    110(a)(2)(D)(i)(I)--prongs 1 and 2: EPA is not proposing any action 
in this rulemaking related to the interstate transport provisions 
pertaining to the contribution to nonattainment or interference with 
maintenance in other states pursuant to section 110(a)(2)(D)(i)(I) 
(prongs 1 and 2). EPA will address prongs 1 and 2 in separate 
rulemakings.
    110(a)(2)(D)(i)(II)--prong 3: With regard to section 
110(a)(2)(D)(i)(II), the PSD element referred to as prong 3, this 
requirement may be met by a state's confirmation in an infrastructure 
SIP submission that new major sources and major modifications in the 
state are subject to a PSD program meeting current structural 
requirements of part C of title I of the CAA, or (if the state contains 
a nonattainment areas that has the potential to impact PSD in another 
state) a NNSR program. A state's PSD permitting program satisfies prong 
3 if EPA has already approved or is simultaneously approving the 
state's implementation plan with respect to all PSD requirements that 
are due under EPA regulations or the CAA on or before the date of EPA's 
proposed action on the infrastructure SIP submission.
    Florida's SIP contains provisions for the State's PSD program that 
reflects the required structural PSD requirements to satisfy prong 3 of 
section 110(a)(2)(D)(i)(II). Florida addresses prong 3 through F.A.C. 
62-204, 62-210, and 62-212 for the PSD and NNSR programs. EPA has made 
the preliminary determination that Florida's SIP and practices are 
adequate for intestate transport for PSD permitting of major sources 
and major modifications related to the 2015 8-hour ozone NAAQS for 
section 110(a)(2)(D)(i)(II) (prong 3).
    110(a)(2)(D)(i)(II)--prong 4: Section 110(a)(2)(D)(i)(II) requires 
that the SIP contain adequate provisions to protect visibility in other 
states. This requirement is satisfied for any relevant NAAQS when the 
state has a fully approved regional haze SIP.
    Florida's submission relied on the State's SIP-approved regional 
haze program to address the prong 4 requirements of section 
110(a)(2)(D)(i) for the 2015 8-hour ozone NAAQS.\10\ Federal 
regulations require that a state's regional haze SIP contain a long-
term strategy to address regional haze visibility impairment in each 
Class I area within the state and each Class I area outside the state 
that may be affected by emissions from the state.\11\ A state 
participating in a regional planning process, such as Florida, must 
include all measures needed to achieve its apportionment of emissions 
reduction obligations agreed upon through that process.\12\ EPA's 
approval of Florida's

[[Page 68867]]

regional haze SIP therefore ensures that emissions from Florida are not 
interfering with measures to protect visibility in other states, 
satisfying the requirements of prong 4 of section 110(a)(2)(D)(i)(II) 
for the 2015 8-hour ozone NAAQS. Thus, EPA has made the preliminary 
determination that Florida's infrastructure SIP submission for the 2015 
8-hour ozone NAAQS meet the requirements of prong 4 of section 
110(a)(2)(D)(i)(II).
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    \10\ EPA approved Florida's regional haze SIP--see 77 FR 71111 
(November 29, 2012); 78 FR 53250 (August 29, 2013).
    \11\ See 40 CFR 51.308(d).
    \12\ See, e.g., 40 CFR 51.308(d)(3)(ii). Florida participated in 
the Visibility Improvement State and Tribal Association of the 
Southeast regional planning organization, a collaborative effort of 
state governments, tribal governments, and various Federal agencies 
established to initiate, and coordinate activities associated with 
the management of regional haze, visibility, and other air quality 
issues in the Southeastern United States. Member state and tribal 
governments included: Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina, Tennessee, Virginia, 
West Virginia, and the Eastern Band of the Cherokee Indians.
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    5. 110(a)(2)(D)(ii) Interstate Pollution Abatement and 
International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to notification to neighboring air agencies and 
interstate and international pollution abatement. Chapters 62-204, 62-
210, and 62-212 of the F.A.C. require any new major source or major 
modification to undergo PSD or NNSR permitting and thereby provide 
notification to other potentially affected Federal, state, and local 
government agencies. Additionally, Florida does not have any pending 
obligation under sections 115 and 126 of the CAA relating to 
international or interstate pollution abatement. EPA has made the 
preliminary determination that Florida's SIP and practices are adequate 
for ensuring compliance with the applicable requirements relating to 
interstate and international pollution abatement for the 2015 8-hour 
ozone NAAQS.
    6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies: 
Section 110(a)(2)(E) requires that each implementation plan provide: 
(i) Necessary assurances that the state will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the state comply with the requirements respecting state 
boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the state has responsibility for ensuring adequate 
implementation of such plan provisions. EPA is proposing to approve 
Florida's infrastructure SIP submission as meeting the requirements of 
sub-elements 110(a)(2)(E)(i), (ii), and (iii).
    In support of sub-elements 110(a)(2)(E)(i) and (iii), FDEP's 
infrastructure submission demonstrates that it has authority to carry 
out its SIP as it is responsible for a comprehensive program to address 
air pollution in the state as described in Section IV.1 above in 
reference to 110(a)(2)(A). Additionally, FDEP cites to provisions that 
provide assurances for adequate personnel and funding. Section 
403.061(2), Florida Statutes, authorizes FDEP to ``[h]ire only such 
employees as may be necessary to effectuate the responsibilities of the 
department.'' Section 403.061(4), Florida Statutes, authorizes FDEP to 
``[s]ecure necessary scientific, technical, research, administrative, 
and operational services by interagency agreement, by contract, or 
otherwise.'' Section 320.03(6), Florida Statutes, authorizes FDEP to 
establish an Air Pollution Control Trust Fund and use a $1 fee on every 
motor vehicle license registration sold in the State for air pollution 
control purposes. Regarding the 110(a)(2)(E)(iii), Section 403.182, 
Florida Statutes, authorizes FDEP to approve local pollution control 
programs, and provides for the State air pollution control program 
administered by FDEP to supersede a local program if FDEP determines 
that an approved local program is inadequate, and the locality fails to 
take the necessary corrective actions.\13\
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    \13\ CAA Section 110(a)(2)(E)(iii) requires states to provide 
necessary assurances that, where the State has relied on a local or 
regional government, agency, or instrumentality for the 
implementation of any plan provision, the State has responsibility 
for ensuring adequate implementation of such plan provision. In the 
State of Florida, no local or regional areas submit implementation 
plans and the Department is solely responsible for the SIP. However, 
Florida Statute 403.061(21) authorizes the department to consult, 
cooperate and enter into agreements with other agencies of the 
State. The Department has specific operating agreements with Duval, 
Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, Broward and 
Miami-Dade counties.
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    As evidence of the adequacy of FDEP's resources with respect to 
sub-elements (i) and (iii), FDEP has a performance partnership 
agreement with EPA outlining 105 grant commitments and current status 
of these commitments for fiscal year 2018. Annually, the State updates 
this performance partnership agreement based on current SIP 
requirements, air quality planning, and applicable requirements related 
to the NAAQS. Florida satisfactorily met all commitments agreed to in 
the Air Planning Agreement for fiscal year 2018, therefore, FDEP's 
grants were finalized and closed out. EPA has made the preliminary 
determination that Florida has adequate resources and authority for 
implementation of the 2015 8-hour ozone NAAQS.
    Section 110(a)(2)(E)(ii) requires that the state comply with 
section 128 of the CAA. Section 128 requires that the SIP contain 
provisions providing that: (1) The majority of members of the state 
board or body which approves permits or enforcement orders represent 
the public interest and do not derive any significant portion of their 
income from persons subject to permitting or enforcement orders under 
the CAA; and (2) any potential conflicts of interest by such board or 
body, or the head of an executive agency with similar powers be 
adequately disclosed. For purposes of section 128(a)(1), Florida has no 
boards or bodies with authority over air pollution permits or 
enforcement actions. Such matters are instead handled by an appointed 
Secretary. As such, a ``board or body'' is not responsible for 
approving permits or enforcement orders in Florida, and the 
requirements of section 128(a)(1) are not applicable. For the 
requirements of 128(a)(2), Florida Statutes, subsections 112.3143(4), 
F.S., Voting conflicts and 112.3144, F.S, Full and public disclosure of 
financial interests address the conflict of interest provisions 
applicable to the head of FDEP and all public officers within the 
Department. On July 30, 2012 (77 FR 44485), EPA approved these Florida 
statutes into the SIP to comply with section 128 respecting state 
boards. EPA has made the preliminary determination that the State has 
adequately addressed the requirements of section 128(a)(2), and 
accordingly has met the requirements of section 110(a)(2)(E)(ii) with 
respect to infrastructure SIP requirements.
    Therefore, EPA is proposing to approve Florida's infrastructure SIP 
submission as meeting the requirements of sub-elements 110(a)(2)(E)(i), 
(ii) and (iii).
    7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section 
110(a)(2)(F) requires SIPs to meet applicable requirements addressing: 
(i) The installation, maintenance, and replacement of equipment, and 
the implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources, (ii) 
periodic reports on the nature and amounts of emissions and emissions 
related data from such sources, and (iii) correlation of such reports 
by the state agency with any emission limitations or standards 
established pursuant to this section, which reports shall be available 
at reasonable times for public inspection. EPA's rules regarding how 
SIPs need to address source monitoring requirements at 40 CFR 51.212 
require SIPs to exclude any provision that would prevent the use of 
credible evidence of noncompliance. Florida meets these

[[Page 68868]]

requirements through Chapters 62-210, 62-212, 62-296, and 62-297, 
F.A.C., which require emissions monitoring and reporting for activities 
that contribute to ozone concentrations in the air, including 
requirements for the installation, calibration, maintenance, and 
operation of equipment for continuously monitoring or recording 
emissions. These rules also provide authority for FDEP to establish 
such emissions monitoring and reporting requirements through SIP-
approved permits and require reporting of ozone precursor emissions 
(NOX and VOC) in a manner that allows the state to correlate 
such data and provide the information to EPA.
    The following sections of the Florida Statutes provide FDEP the 
authority to conduct certain actions in support of this infrastructure 
element. Section 403.061(13) authorizes FDEP to ``[r]equire persons 
engaged in operations which may result in pollution to file reports 
which may contain . . . any other such information as the department 
shall prescribe . . .'' Section 90.401, Florida Statutes, defines 
relevant evidence as evidence tending to prove or disprove a material 
fact. Section 90.402, Florida Statutes, states that all relevant 
evidence is admissible except as provided by law. EPA is unaware of any 
provision preventing the use of credible evidence in the Florida SIP.
    Additionally, Florida is required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI) pursuant to 
Subpart A to 40 CFR part 51,--``Air Emissions Reporting Rule'' (AERR). 
The NEI is EPA's central repository for air emissions data. 
Specifically, all states are required to submit a comprehensive 
emission inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and the precursors that form them--nitrogen oxides, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many states also voluntarily report emissions of 
hazardous air pollutants. Florida made its latest update to the NEI on 
December 17, 2014. EPA compiles the emissions data, supplementing it 
where necessary, and releases it to the general public through the 
website http://www.epa.gov/ttn/chief/eiinformation.html. EPA has made 
the preliminary determination that Florida's SIP and practices are 
adequate for the stationary source monitoring systems related to the 
2015 8-hour ozone NAAQS.
    8. 110(a)(2)(G) Emergency Powers: This section requires that states 
demonstrate authority comparable with section 303 of the CAA and 
adequate contingency plans to implement such authority. Section 303 
authorizes EPA to take action seeking to immediately restrain pollution 
sources if such pollution is presenting an imminent and substantial 
endangerment to public health, welfare, or the environment. Florida's 
infrastructure SIP submission addresses emergency powers as outlined in 
Florida Statutes Sections 403.131 and 120.569(2)(n). These sections of 
the Florida Statutes were submitted for inclusion in the SIP to address 
the requirements of section 110(a)(2)(G) of the CAA and have been 
approved by EPA into Florida's SIP. Section 403.131 authorizes FDEP to: 
Seek injunctive relief to enforce compliance with this chapter or any 
rule, regulation or permit certification, or order; to enjoin any 
violation specified in Section 403.061(1); and to seek injunctive 
relief to prevent irreparable injury to the air, waters, and property, 
including animal, plant, and aquatic life, of the State and to protect 
human health, safety, and welfare caused or threatened by any 
violation. Section 120.569(2)(n), Florida Statutes, authorizes FDEP to 
issue emergency orders to address immediate dangers to the public 
health, safety, or welfare. EPA has made the preliminary determination 
that Florida's SIP, State laws, and practices are adequate to satisfy 
the infrastructure SIP obligations for emergency powers related to the 
2015 8-hour ozone NAAQS. Accordingly, EPA is proposing to approve 
Florida's infrastructure SIP submission with respect to section 
110(a)(2)(G).
    9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary, 
requires each SIP to provide for revisions of such plan: (i) As may be 
necessary to take account of revisions of such national primary or 
secondary ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard, and (ii) 
whenever the Administrator finds that the plan is substantially 
inadequate to attain the NAAQS or to otherwise comply with any 
additional applicable requirements. As previously discussed, FDEP is 
responsible for adopting air quality rules and revising SIPs as needed 
to attain or maintain the NAAQS. Florida has the ability and authority 
to respond to calls for SIP revisions and has provided a number of SIP 
revisions over the years for implementation of the NAAQS.
    The following sections of the Florida Statutes provide FDEP the 
authority to conduct certain actions in support of this element. 
Section 403.061(35) gives FDEP the ``broad authority to implement the 
CAA.'' Section 403.061(9) authorizes FDEP to ``adopt a comprehensive 
program for the prevention, control, and abatement of pollution of the 
air of the state, and to review and modify such programs as 
necessary.'' EPA has made the preliminary determination that Florida 
adequately demonstrates a commitment to provide future SIP revisions 
related to the 2015 8-hour ozone NAAQS when necessary. Accordingly, EPA 
is proposing to approve Florida's infrastructure SIP submission with 
respect to section 110(a)(2)(H).
    10. 110(a)(2)(J) Consultation With Government Officials, Public 
Notification, and PSD and Visibility Protection: EPA is proposing to 
approve Florida's infrastructure SIP for the 2015 8-hour ozone NAAQS 
with respect to the general requirement in section 110(a)(2)(J) to 
include a program in the SIP that complies with the applicable 
consultation requirements of section 121, the public notification 
requirements of section 127, PSD, and visibility protection. EPA's 
rationale for each sub-element is described below.
    Consultation with government officials (121 consultation): Section 
110(a)(2)(J) of the CAA requires states to meet the requirements of 
section 121 relating to consultation with local governments, designated 
organizations and federal land managers (FLMs) carrying out NAAQS 
implementation requirements. Florida's SIP-approved Chapters 62-204, 
62-210, and 62-212, F.A.C., as well as its Regional Haze Implementation 
Plan (which allows for continued consultation with appropriate state, 
local, and tribal air pollution control agencies as well as the 
corresponding FLMs), provide for consultation with government officials 
whose jurisdictions might be affected by SIP development activities. 
Specifically, Florida adopted state-wide consultation procedures for 
the implementation of transportation conformity which includes the 
development of mobile inventories for SIP development. Required 
partners covered by Florida's consultation procedures include Federal, 
state and local transportation and air quality agency officials. Also, 
Section 403.061(21), Florida Statutes, authorizes FDEP to ``[a]dvise, 
consult, cooperate, and enter into agreements with other agencies of 
the state, the Federal Government, other states,

[[Page 68869]]

interstate agencies, groups, political subdivisions, and industries 
affected by the provisions of this act, rules, or policies of the 
department.'' EPA has made the preliminary determination that Florida's 
SIP and practices adequately demonstrate consultation with government 
officials related to the 2015 8-hour ozone NAAQS when necessary.
    Public notification (127 public notification): With respect to 
public notification, section 110(a)(3)(J) of the CAA requires states to 
notify the public of NAAQS exceedances and associated health hazards, 
and to enhance public awareness of measures that can prevent such 
exceedances. FDEP has public notice mechanisms in place to notify the 
public of instances or areas exceeding the NAAQS along with associated 
health effects through the Air Quality Index reporting system in 
required areas. Section 403.061(20), Florida Statutes, authorizes FDEP 
to ``[c]ollect and disseminate information . . . relating to 
pollution.'' Accordingly, EPA is proposing to approve Florida's 
infrastructure SIP submission with respect to section 110(a)(2)(J) 
public notification.
    PSD: With regard to the PSD element of section 110(a)(2)(J), this 
requirement is met when a state demonstrates in an infrastructure SIP 
submission that its PSD program meets all the current requirements of 
part C of title I of the CAA. As discussed in more detail above under 
the section discussing 110(a)(2)(C), Florida's SIP contains provisions 
for the State's PSD program that reflect the relevant SIP revisions to 
satisfy the requirement of the PSD element of section 110(a)(2)(J). EPA 
has made the preliminary determination that Florida's SIP is adequate 
for PSD permitting of major sources and major modifications related to 
the 2015 8-hour ozone NAAQS for the PSD element of section 
110(a)(2)(J).
    Visibility protection: EPA's 2013 Guidance notes that it does not 
treat the visibility protection aspects of section 110(a)(2)(J) as 
applicable for purposes of the infrastructure SIP approval process. 
FDEP referenced its regional haze program as germane to the visibility 
component of section 110(a)(2)(J). EPA recognizes that states are 
subject to visibility protection and regional haze program requirements 
under part C of the Act (which includes sections 169A and 169B). 
However, there are no newly applicable visibility protection 
obligations after the promulgation of a new or revised NAAQS. Thus, EPA 
has determined that states do not need to address the visibility 
component of 110(a)(2)(J) in infrastructure SIP submittals so FDEP does 
not need to rely on its regional haze program to fulfill its 
obligations under section 110(a)(2)(J). As such, EPA has made the 
preliminary determination that Florida's infrastructure SIP submission 
is approvable for section 110(a)(2)(J) related to the 2015 8-hour ozone 
NAAQS and that Florida does not need to rely on its regional haze 
program to address this element.
    11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling 
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for 
performing air quality modeling so that effects on air quality of 
emissions from NAAQS pollutants can be predicted and submission of such 
data to the EPA can be made. FDEP cites to SIP-approved sections of 
Chapters 62-210 and 62-212, F.A.C., for this requirement. Specific to 
modeling, 62-212, F.A.C. requires air quality models to meet the 
requirements of 52.21(l). Also, the following sections of the Florida 
Statutes provide FDEP the authority to conduct actions in support of 
this element. Section 403.061(13), Florida Statutes, authorizes FDEP to 
``[r]equire persons engaged in operations which may result in pollution 
to file reports which may contain information relating to locations, 
size of outlet, height of outlet, rate and period of emission, and 
composition and concentration of effluent and such other information as 
the department shall prescribe to be filed . . .'' Section 403.061(18), 
Florida Statutes, authorizes FDEP to ``[e]ncourage and conduct studies, 
investigations, and research relating to pollution and its causes, 
effects, prevention, abatement, and control.'' These regulations and 
State statutes demonstrate that Florida has the authority to conduct 
modeling and provide relevant data for the purpose of predicting the 
effect on ambient air quality of the 2015 8-hour ozone NAAQS. 
Additionally, Florida participates in a regional effort to coordinate 
the development of emissions inventories and conduct regional modeling 
for several NAAQS, including the 2015 8-hour ozone NAAQS, for the 
Southeastern states. Florida notes in its SIP submission that the FDEP 
has the technical capability to conduct or review all air quality 
modeling associated with the NSR program and all SIP-related modeling, 
except that photochemical grid modeling may be performed for FDEP under 
contract. FDEP also states that all such modeling is conducted in 
accordance with the provisions of 40 CFR part 51, Appendix W, 
``Guideline on Air Quality Models,'' and agreed to submit any NSR or 
SIP modeling to EPA upon request. Taken as a whole, Florida's 
submission demonstrates that FDEP has the authority to conduct air 
quality modeling under EPA guidelines, and to provide such information 
to the EPA Administrator upon request. EPA has made the preliminary 
determination that Florida's SIP and practices adequately demonstrate 
the State's ability to provide for air quality modeling, along with 
analysis of the associated data, related to the 2015 8-hour ozone 
NAAQS. Accordingly, EPA is proposing to approve Florida's 
infrastructure SIP submissions with respect to section 110(a)(2)(K).
    12. 110(a)(2)(L) Permitting Fees: This section requires the owner 
or operator of each major stationary source to pay to the permitting 
authority, as a condition of any permit required under the CAA, a fee 
sufficient to cover: (i) The reasonable costs of reviewing and acting 
upon any application for such a permit, and (ii) if the owner or 
operator receives a permit for such source, the reasonable costs of 
implementing and enforcing the terms and conditions of any such permit 
(not including any court costs or other costs associated with any 
enforcement action), until such fee requirement is superseded with 
respect to such sources by the Administrator's approval of a fee 
program under title V. Section 403.087(6)(a), Florida Statutes, directs 
FDEP to ``require a processing fee in an amount sufficient, to the 
greatest extent possible, to cover the costs of reviewing and acting 
upon any application for a permit. . . .'' Chapter 62-4.040(4)(a)1., 
F.A.C., requires each NSR permittee to pay a fee of $7,500.\14\ 
Additionally, Florida has a fully approved title V operating permit 
program at Chapter 62-213 F.A.C.\15\ that covers the costs of 
implementation and enforcement of the title V program, including 
applicable requirements of the SIP. EPA has made the preliminary 
determination that Florida's State rules and statutes adequately 
provide for permitting fees related to the 2015 8-hour ozone NAAQS, 
when necessary. Accordingly, EPA is proposing to approve Florida's 
infrastructure SIP submission with respect to section 110(a)(2)(L).
---------------------------------------------------------------------------

    \14\ This regulation is not approved into the Florida SIP.
    \15\ Florida's title V program regulations are federally-
approved but not incorporated into the SIP.
---------------------------------------------------------------------------

    13. 110(a)(2)(M) Consultation and Participation by Affected Local 
Entities: This element requires states to provide for consultation and 
participation in SIP

[[Page 68870]]

development by local political subdivisions affected by the SIP. 
Florida coordinates with local governments affected by the SIP. Florida 
has consulted with local entities for the development of transportation 
conformity and has worked with the FLMs as a requirement of the 
regional haze rule. Section 403.061(21), Florida Statutes, authorizes 
FDEP to ``[a]dvise, consult, cooperate and enter into agreements with 
other agencies of the state, the Federal Government, other states, 
interstate agencies, groups, political subdivisions, and industries 
affected by the provisions of this act, rules, or policies of the 
department.'' Further, Florida adopted state-wide consultation 
procedures for the implementation of transportation conformity which 
includes the development of mobile inventories for SIP development and 
the requirements that link transportation planning and air quality 
planning in nonattainment and maintenance areas. Required partners 
covered by Florida's consultation procedures include Federal, state and 
local transportation and air quality agency officials. The state and 
local transportation agency officials are most directly impacted by 
transportation conformity requirements and are required to provide 
public involvement for their activities including the analysis 
demonstrating how they meet transportation conformity requirements. 
Also, FDEP has agreements with eight county air pollution control 
agencies (Duval, Orange, Hillsborough, Pinellas, Sarasota, Palm Beach, 
Broward, and Miami-Dade) that delineate the responsibilities of each 
county in carrying out Florida's air program, including the Florida 
SIP. EPA has made the preliminary determination that Florida's SIP and 
practices adequately demonstrate consultation with affected local 
entities related to the 2015 8-hour ozone NAAQS when necessary.

V. Proposed Action

    With the exception of interstate transport provisions of section 
110(a)(2)(D)(i)(I) pertaining to the contribution to nonattainment or 
interference with maintenance in other states, EPA is proposing to 
approve Florida's infrastructure submission provided on September 18, 
2018, for the 2015 8-hour ozone NAAQS for the above described 
infrastructure SIP requirements. EPA is proposing to approve Florida's 
infrastructure SIP submission for certain elements for the 2015 8-hour 
ozone NAAQS because the submission is consistent with section 110 of 
the CAA for those elements.

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, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and would not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed 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
     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, 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.

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 21, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-27163 Filed 12-16-19; 8:45 am]
BILLING CODE 6560-50-P