[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35608-35610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14176]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0459; FRL-10025-49-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 converting the previous disapprovals of 
Florida's infrastructure SIPs related to the CAA GHG PSD permitting 
requirements for the above NAAQS to full approvals.

DATES: This rule is effective August 6, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0459. 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 and Radiation 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

[[Page 35609]]

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: 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.
    Through previous rulemakings, EPA disapproved portions of several 
SIP submissions from Florida regarding the 2008 and 1997 8-hour Ozone, 
as well as the 1997 Annual and 2006 24-hour PM2.5 NAAQS, 
because at the time, Florida's SIP did not address or provide adequate 
legal authority for the implementation of a GHG PSD program in 
Florida.\1\ However, 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''. This Florida SIP revision addressed 
the Federal GHG requirements for PSD as specified in the June 3, 2010, 
GHG Tailoring Rule.\2\
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    \1\ EPA partially disapproved the 1997 8-hour Ozone 
infrastructure SIP to the extent that it relied on the GHG PSD 
permitting requirements to meet the 110(a)(2)(C) and 
110(a)(2)(j)requirements; see 77 FR 44485 (July 30, 2012). EPA 
disapproved the State's prong 3 of section 110(a)(2)(D)(i) as it 
relates to GHG PSD permitting requirements for the 1997 and 2006 
Fine Particulate Matter NAAQS, See 78 FR 19998 (April 3, 2013). EPA 
also disapproved section 110(a)(2)(D)(i)(II) concerning visibility 
requirements; and the portions of sections 110(a)(2)(C), prong 3 of 
110(a)(2)(D)(i), and 110(a)(2)(J) related to the regulation of GHG 
emissions for the 2008 8-hour Ozone NAAQS, See 78 FR 65559 (November 
1, 2013).
    \2\ 75 FR 31514.
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    On August 6, 2020, Florida submitted a SIP revision to approve 
various infrastructure SIP elements that were previously disapproved by 
EPA. The submittal requested approval for the following elements from 
the 1997 and 2008 Ozone NAAQS and the 1997 and 2006 PM2.5 
NAAQS as it relates to Florida's regulation of greenhouse gases under 
the PSD program: (1). Sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) Prong 
3, and 110(a)(2)(J) infrastructure elements for Florida's 2008 Ozone 
Infrastructure SIP; (2). Sections 110(a)(2)(C) and 110(a)(2)(J) 
infrastructure elements for Florida's 1997 Ozone Infrastructure SIP; 
(3). Section 110(a)(2)(D)(i)(II) Prong 3 infrastructure elements for 
Florida's 2006 PM2.5 Infrastructure SIP; and (4). Section 
110(a)(2)(D)(i)(II) Prong 3 infrastructure elements for Florida's 1997 
PM2.5 Infrastructure SIP. This action only pertains to 
sections 110(a)(2)(C), (D)(i)(II), and (J) as they relate to GHG under 
a SIP-approved PSD permitting program.
    Thus, in a notice of proposed rulemaking (NPRM) published on March 
2, 2021, (86 FR 12143), EPA proposed to determine 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 proposed 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. The March 2, 
2021, NPRM provides additional detail regarding the background and 
rationale for EPA's action. Comments on the March 2, 2021, NPRM were 
due on or before April 1, 2021. EPA received no comments on the March 
2, 2021, NPRM.

II. Final Action

    EPA is approving 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 
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 converting 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.

III. 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, 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

[[Page 35610]]

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.

    Dated: June 28, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reason stated in the preamble, the EPA amends 40 CFR parts 
52 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(e) is amended by adding four new entries for 
``110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour 
Ozone National Ambient Air Quality Standards,'' ``110(a)(1) and (2) 
Infrastructure Requirements for the 1997 Annual Fine Particulate Matter 
National Ambient Air Quality Standards,'' ``110(a)(1) and (2) 
Infrastructure Requirements for the 2006 24-hour Fine Particulate 
Matter National Ambient Air Quality Standards,'' and ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 8-Hour Ozone National 
Ambient Air Quality Standards'' at the end of the table to read as 
follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                     State       EPA approval
           Provision            effective date       date        Federal Register notice        Explanation
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                                                  * * * * * * *
110(a)(1) and (2)                    8/26/2020        7/7/2021  [Insert citation of        Approving SIP
 Infrastructure Requirements                                     publication].              submission for
 for the 1997 8-Hour Ozone                                                                  sections
 National Ambient Air Quality                                                               110(a)(2)(C) &
 Standards.                                                                                 110(a)(2)(J) as it
                                                                                            relates to GHG PSD
                                                                                            permitting
                                                                                            requirements.
110(a)(1) and (2)                    8/26/2020        7/7/2021  [Insert citation of        Approving SIP
 Infrastructure Requirements                                     publication].              submission for prong
 for the 1997 Annual Fine                                                                   3 of section
 Particulate Matter National                                                                110(a)(2)(D)(i) as
 Ambient Air Quality Standards.                                                             it relates to GHG
                                                                                            PSD permitting
                                                                                            requirements.
110(a)(1) and (2)                    8/26/2020        7/7/2021  [Insert citation of        Approving SIP
 Infrastructure Requirements                                     publication].              submission for prong
 for the 2006 24-hour Fine                                                                  3 of section
 Particulate Matter National                                                                110(a)(2)(D)(i) as
 Ambient Air Quality Standards.                                                             it relates to GHG
                                                                                            PSD permitting
                                                                                            requirements.
110(a)(1) and (2)                    8/26/2020        7/7/2021  [Insert citation of        Approving SIP
 Infrastructure Requirements                                     publication].              submission for
 for the 2008 8-Hour Ozone                                                                  section
 National Ambient Air Quality                                                               110(a)(2)(C), prong
 Standards.                                                                                 3 of
                                                                                            110(a)(2)(D)(i), and
                                                                                            110(a)(2)(J) as it
                                                                                            relates to the
                                                                                            regulation of GHG
                                                                                            emissions.
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Sec.  52.522  [Amended]

0
3. Section 52.522 is amended by removing and reserving paragraph (b).


Sec.  52.523  [Removed and Reserved]

0
4. Remove and reserve Sec.  52.523.
[FR Doc. 2021-14176 Filed 7-6-21; 8:45 am]
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