[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12143-12145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0459; FRL-10017-93-Region 4]


Air Plan Approval; FL; Prevention of Significant Deterioration 
Infrastructure Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Florida State Implementation Plan (SIP), 
submitted by the Florida Department of Environmental Protection (FDEP), 
Division of Air Resources Management, to EPA on August 26, 2020. The 
Clean Air Act (CAA or Act) requires that each state adopt and submit a 
SIP for the implementation, maintenance, and enforcement of each 
national ambient air quality standard (NAAQS) promulgated by EPA, 
commonly referred to as an ``infrastructure SIP.'' This submission 
addresses certain greenhouse gas (GHG) Prevention of Significant 
Deterioration (PSD) permitting requirements for the 2008 and 1997 8-
hour ozone and the 1997 annual and 2006 24-hour fine particulate matter 
(PM2.5) NAAQS. Additionally, EPA is proposing to convert the 
previous disapprovals of Florida's infrastructure SIPs related to the 
CAA GHG PSD permitting requirements for the above NAAQS to full 
approvals.

DATES: Comments must be received on or before April 1, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0459 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, 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) 562-9144. Ms. Williams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    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. States were previously required to submit such SIPs for the 2008 
and 1997 8-hour ozone and the 1997 annual and 2006 24-hour 
PM2.5 NAAQS to EPA within three years of promulgation of the 
respective NAAQS. This action only pertains to sections 110(a)(2)(C), 
(D)(i)(II), and (J) as they

[[Page 12144]]

relate to GHG under a SIP-approved PSD permitting program.\1\
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    \1\ See section II for a description of these CAA infrastructure 
SIP elements.
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    On July 30, 2012 (77 FR 44485), EPA disapproved portions of 
Florida's 1997 8-hour ozone infrastructure SIP submission related to 
GHG PSD permitting requirements under section 110(a)(2)(C) and section 
110(a)(2)(J). The disapproval action was a result of Florida not 
submitting a SIP revision to adopt the appropriate emission thresholds 
for determining which new stationary sources and modification projects 
become subject to PSD permitting requirements for their GHG emissions 
as promulgated in the GHG Tailoring Rule. See 75 FR 31514 (June 3, 
2010).
    On April 3, 2013 (78 FR 19998), EPA disapproved the portion of 
Florida's infrastructure SIP submission for both the 1997 annual and 
2006 24-hour PM2.5 NAAQS related to GHG PSD permitting 
requirements under the section 110(a)(2)(D)(i)(II) provision that 
prohibits emissions activity in one state from interfering with 
measures required to prevent significant deterioration of air quality 
in another state. The Florida SIP for these two standards did not 
provide adequate legal authority to address the GHG PSD permitting 
requirements at or above the levels of emissions set forth in the June 
3, 2010, GHG Tailoring Rule.
    On November 1, 2013 (78 FR 65559), EPA disapproved portions of 
Florida's 2008 8-hour ozone infrastructure SIP submission related to 
GHG PSD permitting requirements under section 110(a)(2)(C), the section 
110(a)(2)(D)(i)(II) provision that prohibits emissions activity in one 
state from interfering with measures required to prevent significant 
deterioration of air quality in another state, and section 
110(a)(2)(J). The disapproval was a result of Florida not submitting a 
SIP revision to adopt the appropriate emission thresholds for 
determining which new stationary sources and modification projects 
become subject to PSD permitting requirements for their GHG emissions 
as promulgated in the June 3, 2010, GHG Tailoring Rule.
    In summary, for the 2008 and 1997 8-hour ozone and the 1997 annual 
and 2006 24-hour PM2.5 NAAQS, Florida's SIP did not address 
or provide adequate legal authority for the implementation of a GHG PSD 
program in Florida.
    On May 19, 2014 (79 FR 28607), EPA approved Florida's December 19, 
2013, SIP revision that amended the State's definition of ``PSD 
pollutant'' to provide Florida with the authority to regulate GHG under 
its PSD program to establish PSD applicability thresholds for GHG 
emissions at the same emissions thresholds and in the same timeframes 
as those specified by EPA in the June 3, 2010, GHG Tailoring Rule. 
Based on this May 19, 2014 approval, the Florida SIP addressed the GHG 
requirements for PSD as specified in the June 3, 2010, GHG Tailoring 
Rule.

II. Analysis of Florida's Submission

A. Section 110(a)(2)(C) Programs for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources

    This element 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 new 
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).
    This proposed action pertains to the PSD permitting for new major 
sources and major modifications for the 2008 and 1997 8-hour ozone 
NAAQS. 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 (D)(i)(II) 
and (J) related to PSD) if EPA has already approved or is 
simultaneously approving the state's implementation plan with respect 
to all PSD requirements that are due under the EPA regulations or the 
CAA.
    FDEP's August 26, 2020, submission cited a number of SIP provisions 
to address the major source PSD program. 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 Chapter 
62-210 and Chapter 62-212 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. With EPA's May 19, 2014 approval of 
Florida's SIP revision to address GHG under its PSD program in 
accordance with the GHG Tailoring Rule, Florida's SIP satisfied current 
CAA requirements for PSD. Therefore, EPA has made the preliminary 
determination that Florida's SIP and practices are adequate for PSD 
permitting related to GHGs for major sources and major modifications as 
required by section 110(a)(2)(C) for the 2008 and 1997 8-hour ozone 
NAAQS.

B. Section 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'').
    This proposed action pertains to 110(a)(2)(D)(i)(II)--prong 3 for 
the 2008 8-hour ozone and the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. 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 nonattainment areas that have the 
potential to impact PSD in another state, a nonattainment new source 
review (NNSR) program.\2\ 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.
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    \2\ Florida's NNSR program is not relevant to this proposed 
action as it is limited to the regulation of GHGs under the State's 
PSD program.
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    As explained in the discussion of section 110(a)(2)(C), Florida's 
SIP contains provisions for the State's PSD program that reflect the 
required structural PSD requirements to satisfy prong 3 of section 
110(a)(2)(D)(i)(II). Florida addresses prong 3 for PSD

[[Page 12145]]

through Chapters 62-204, 62-210, and 62-212. EPA has made the 
preliminary determination that Florida's SIP and practices are adequate 
for interstate transport for PSD permitting of major sources and major 
modifications related to GHGs for the 2008 8-hour ozone and the 1997 
annual and 2006 24- hour PM2.5 NAAQS for section 
110(a)(2)(D)(i)(II) (prong 3).

C. 110(a)(2)(J) Consultation With Government Officials, Public 
Notification, and PSD and Visibility Protection

    This element consists of four sub-elements: Consultation 
requirements of section 121, the public notification requirements of 
section 127, PSD, and visibility protection. This action pertains to 
the PSD element of section 110(a)(2)(J) for GHGs for the 2008 and 1997 
8-hour ozone NAAQS.
    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 explained in the discussion of section 
110(a)(2)(C), Florida's SIP contains provisions in Chapters 62-210 and 
62-212 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 GHGs for the 2008 and 1997 8-hour ozone NAAQS 
for section 110(a)(2)(J).

III. Proposed Action

    EPA is proposing to approve revisions to the Florida SIP, submitted 
on August 26, 2020, related to sections 110(a)(2)(C), (D)(i) (prong 3), 
and (J) as they relate to new major sources and major modifications in 
areas of the State designated attainment or unclassifiable. EPA has 
made the preliminary determination that Florida's SIP and practices are 
adequate for GHG PSD permitting of major sources and major 
modifications related to the 2008 8-hour ozone NAAQS for sections 
110(a)(2)(C), (D)(i) (prong 3), and (J); the 1997 8-hour ozone NAAQS 
for sections 110(a)(2)(C) and (J); and the 1997 annual and 2006 24-hour 
PM2.5 NAAQS for section 110(a)(2)(D)(i)(ii) prong 3. 
Consequently, EPA is proposing to convert the previous disapprovals of 
Florida's infrastructure SIPs related to the CAA GHG PSD permitting 
requirements for the 2008 and 1997 8-hour ozone and the 1997 annual and 
2006 24-hour PM2.5 NAAQS to full approvals.

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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
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).
    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, Incorporation by 
reference, Ozone, Particulate matter, Reporting and recordkeeping 
requirements and Volatile organic compounds.

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

    Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-04059 Filed 3-1-21; 8:45 am]
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