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