[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58045-58047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20423]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0355; FRL-10157-01-R4]


Air Plan Approval; Florida; Removal of Odor, Fluorides, and Total 
Reduced Sulfur Rules and Related Definitions From the Florida SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
correct the erroneous incorporation of several rules and related 
definitions into the Florida State Implementation Plan (SIP). The rules 
being proposed for removal from the SIP, which are identified by 
Florida in letters to EPA dated March 16, 2021, and July 2, 2021, 
regulate odor, fluoride, and total reduced sulfur (TRS) emissions. EPA 
is proposing to remove these rules and definitions from the Florida SIP 
because they are not related to implementation, maintenance, or 
enforcement of the national ambient air quality standards (NAAQS) or 
otherwise required to be included in the SIP.

DATES: Comments must be received on or before October 24, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0355 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: Evan Adams, 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) 
562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    A SIP is a federally enforceable collection of regulations and 
documents used by a state, territory, or local air district to 
implement, maintain, and enforce the NAAQS and to fulfill other 
requirements of the Clean Air Act (CAA or Act) that require SIP 
measures (e.g., measures addressing regional haze under CAA section 
169A). The NAAQS currently address six criteria pollutants: carbon 
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur 
dioxide. Each federally approved SIP protects air quality primarily by 
addressing air pollution at its point of origin through air pollution 
regulations and control strategies.
    EPA has incorporated several rules related to odor, fluorides, and 
TRS into the Florida SIP. In letters to EPA dated March 16, 2021, and 
July 2, 2021, Florida identifies some of those rules as inappropriate 
for inclusion in the SIP, provides the bases for its conclusions, and 
asks EPA to remove them pursuant to CAA section 110(k)(6).
    Section 110(k)(6) provides EPA with the authority to make 
corrections to prior SIP actions that are subsequently found to be in 
error in the same manner as the prior action, and to do so without 
requiring any further submission from the state.\1\ While section 
110(k)(6) provides EPA with the authority to correct its own ``error,'' 
nowhere does this provision or any other provision in the CAA define 
what qualifies as ``error.'' Thus, EPA believes the term should be 
given its plain language, everyday meaning, which includes all 
unintentional, incorrect, or wrong actions and mistakes. Each provision 
proposed for removal from Florida's SIP is discussed below along with 
EPA's analysis.
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    \1\ Section 110(k)(6) states that ``Whenever the Administrator 
determines that the Administrator's action approving, disapproving, 
or promulgating any plan or plan revision (or part thereof), area 
designation, redesignation, classification, or reclassification was 
in error, the Administrator may in the same manner as the approval, 
disapproval, or promulgation revise such action as appropriate 
without requiring any further submission from the State. Such 
determination and the basis thereof shall be provided to the State 
and public.''
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II. EPA's Analysis

A. Rule 62-210.200, F.A.C.2--Definitions
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    \2\ F.A.C. stands for Florida Administrative Code.
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    In the July 2, 2021, letter from FDEP, the State requests that EPA 
remove the following terms and their definitions in Rule 62-210.200 
from the Florida SIP: (66) Calciner, (109) Cross Recovery Furnace, 
(117) Digester System, (157) Green Liquor Sulfidity, (182) Lime Kiln, 
(207) Multiple Effect Evaporator System, (211) Neutral Sulfite 
Semichemical (NSSC) Pulping Operation, (212) New Design Direct-Fired 
Kraft Recovery

[[Page 58046]]

Furnace, (213) New Design Direct-Fired Suspension-Burning Kraft 
Recovery Furnace, (214) New Design Kraft Recovery Furnace, (221) 
Objectionable Odor, (222) Odor, (223) Old Design Kraft Recovery 
Furnace, (241) Plant Section, (286) Smelt Dissolving Tank, (299) 
Straight Kraft Recovery Furnace, and (307) Tall Oil Plant.\3\
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    \3\ EPA last updated the SIP-approved version of Rule 62-210.200 
on September 16, 2020 (85 FR 57707).
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    In the Florida SIP, these defined terms are only used in Rules 62-
210.310(4), 62-296.320, 62-296.403, 62-296.404(4) through (6), and 62-
297.440(2)(f), which are all being proposed for removal in this 
110(k)(6) error correction notice. If EPA removes these rules from the 
Florida SIP, these terms will no longer be needed in the SIP because 
they are not used in any other SIP rules. EPA is proposing to remove 
these terms and their definitions from the Florida SIP for this reason 
and because they are not related to implementation, maintenance, or 
enforcement of the NAAQS or otherwise required to be included in the 
SIP.

B. Rule 62-210.310, F.A.C.--Air General Permits

    In the July 2, 2021, letter from FDEP, the State requests that EPA 
remove subparagraphs (4)(d)2.b, (4)(e)2.b, and (4)(f)2.c. of Rule 62-
210.310, Air General Permits from the Florida SIP.\4\ These 
subparagraphs serve only to require compliance with the objectionable 
odor prohibition of Rule 62-296.320(2), which, as discussed below, is 
also proposed for removal from the SIP. If EPA removes Rule 62-
296.320(2) from the SIP, these provisions of Rule 62-210.310 will no 
longer have meaning. EPA is proposing to remove these subparagraphs 
from the Florida SIP for this reason and because they are not related 
to implementation, maintenance, or enforcement of the NAAQS or 
otherwise required to be included in the SIP.
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    \4\ EPA last updated the SIP-approved version of Rule 62-210.310 
on October 6, 2017 (82 FR 46682).
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C. Rule 62-296.320, F.A.C.--General Pollutant Emission Limiting 
Standards

    In the March 16, 2021, letter from FDEP, the State requests that 
EPA remove Rule 62-296.320(2), Objectionable Odor Prohibited from the 
Florida SIP.\5\ This SIP-approved rule provides that ``No person shall 
cause, suffer, allow or permit the discharge of air pollutants which 
cause or contribute to objectionable odor.'' EPA is proposing to remove 
this rule from the Florida SIP because it is not related to 
implementation, maintenance, or enforcement of the NAAQS or otherwise 
required to be included in the SIP.
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    \5\ EPA last updated the SIP-approved version of Rule 62-296.320 
on June 16, 1999 (64 FR 32346).
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D. Rule 62-296.403, F.A.C.--Phosphate Processing

    In the March 16, 2021, letter from FDEP, the State requests that 
EPA remove Rule 62-296.403, Phosphate Processing, in its entirety, from 
the Florida SIP.\6\ This rule requires certain phosphate processing 
plants and plant sections to meet emissions limitations on the pounds 
of fluoride emitted per ton of phosphate material input and to comply 
with specified test methods. EPA is proposing to remove this rule from 
the Florida SIP because it is not related to implementation, 
maintenance, or enforcement of the NAAQS or otherwise required to be 
included in the SIP.
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    \6\ EPA last updated the SIP-approved version of Rule 62-296.403 
on June 16, 1999 (64 FR 32346).
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E. Rule 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil 
Plants

    In the March 16, 2021, letter from FDEP, the State requests that 
EPA remove the portions of Rule 62-296.404, Kraft (Sulfate) Pulp Mills 
and Tall Oil Plants, regarding TRS from the Florida SIP.\7\ 
Specifically, EPA is proposing to remove Rule 62-296.404(1)(b) and 
Rules 62-296.404(4)(a)3, (4)(b)3, (4)(c)3, (4)(d), and (4)(e), which 
outline different testing methods and procedures for TRS processes, as 
well as Rules 62-296.404(5) and 62-296.404(6), which outline monitoring 
and reporting requirements for sources of TRS. EPA is proposing to 
remove these provisions from the Florida SIP because they are not 
related to implementation, maintenance, or enforcement of the NAAQS or 
otherwise required to be included in the SIP.
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    \7\ EPA last updated the SIP-approved version of Rule 62-296.404 
on June 16, 1999 (64 FR 32346).
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F. Rule 62-297.440, F.A.C.--Supplementary Test Procedures

    In the July 2, 2021, letter from FDEP, the State requests that EPA 
remove paragraph (2)(f) of Rule 62-297.440, Supplementary Test 
Procedures from the Florida SIP.\8\ Rule 62-297.440(2)(f) provides that 
when determining whether a kraft recovery furnace is a straight kraft 
or cross recovery furnace the procedure in 40 CFR 60.285(d)(3) of 
Subpart BB shall be used. This provision is used only to determine 
which type of recovery furnace a specific unit is, as defined in Rule 
62-210.200, in order to establish what TRS emission limit applies. If 
EPA removes all TRS provisions in 62-210.200, as described elsewhere in 
this notice, Rule 62-297.440(2)(f) will be unnecessary. EPA is 
proposing to remove this paragraph from the Florida SIP for this reason 
and because it is not related to implementation, maintenance, or 
enforcement of the NAAQS or otherwise required to be included in the 
SIP.
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    \8\ EPA last updated the SIP-approved version of Rule 62-
297.440, Supplementary Test Procedures, on April 2, 2018 (83 FR 
13875).
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    EPA's prior approval into the Florida SIP of the rules and 
definitions identified by the State in its March 16, 2021, and July 2, 
2021, letters to EPA, was in error because these rules and definitions 
are not related to implementation, maintenance, or enforcement of the 
NAAQS or otherwise required to be included in the SIP. EPA is therefore 
proposing to remove them from the Florida SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. EPA is 
proposing to remove certain provisions and defined terms from the 
following rules in the Florida SIP: 62-210.200, F.A.C.--Definitions, 
62-210.310, F.A.C.--Air General Permits, 62-296.320, F.A.C.--General 
Pollutant Emission Limiting Standards, 62-296.403, F.A.C.--Phosphate 
Processing, 62-296.404, F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil 
Plants, and 62-297.440, F.A.C.--Supplementary Test Procedures. From 
Rule 62-210.200, Definitions, EPA is proposing to remove the following 
defined terms and their definitions: (66) Calciner, (109) Cross 
Recovery Furnace, (117) Digester System, (157) Green Liquor Sulfidity, 
(182) Lime Kiln, (207) Multiple Effect Evaporator System, (211) Neutral 
Sulfite Semichemical (NSSC) Pulping Operation, (212) New Design Direct-
Fired Kraft Recovery Furnace, (213) New Design Direct-Fired Suspension-
Burning Kraft Recovery Furnace, (214) New Design Kraft Recovery 
Furnace, (221) Objectionable Odor, (222) Odor, (223) Old Design Kraft 
Recovery Furnace, (241) Plant Section, (286) Smelt Dissolving Tank, 
(299) Straight Kraft Recovery Furnace, and (307) Tall Oil Plant. From 
Rule 62-210.310, Air General Permits, EPA is proposing to remove the 
following provisions: 62-210.310(4)(d)2.b, (4)(e)2.b, and (4)(f)2.c. 
From Rule 62-296.320, General Pollutant Emission Limiting Standards, 
EPA is proposing to remove provision 62-296.320(2). From Rule 62-
296.404, Kraft (Sulfate) Pulp Mills and Tall Oil Plants, EPA is 
proposing to remove the following provisions: 62-296.404(1)(b), 
(4)(a)3,

[[Page 58047]]

(4)(b)3, (4)(c)3, (4)(d), (4)(e), (5) and (6). From Rule 62-297.440, 
Supplementary Test Procedures, EPA is proposing to remove provision 62-
297.440(2)(f). Finally, EPA is proposing to remove Rule 62-296.403, 
Phosphate Processing, in its entirety. The remaining portions of these 
rules will remain incorporated in the Florida SIP, as incorporated by 
reference in accordance with the requirements of 1 CFR part 51. EPA has 
made, and will continue to make, the SIP generally available at the EPA 
Region 4 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Proposed Action

    EPA is proposing to remove portions of Rules 62-210.200, F.A.C.--
Definitions, 62-210.310, F.A.C.--Air General Permits, 62-296.320, 
F.A.C.--General Pollutant Emission Limiting Standards, 62-296.404, 
F.A.C.--Kraft (Sulfate) Pulp Mills and Tall Oil Plants, and 62-297.440, 
F.A.C.--Supplementary Test Procedures and all of Rule 62-296.403, 
F.A.C.--Phosphate Processing from the Florida SIP because EPA's 
incorporation of these rules and definitions into the SIP was in error 
as they are not related to implementation, maintenance, or enforcement 
of the NAAQS or otherwise required to be included in the SIP.

V. 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 proposed action 
merely proposes to correct errors in previous rulemakings approving SIP 
submissions 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 proposed 
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, Intergovernmental relations, Reporting and recordkeeping 
requirements.

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

    Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-20423 Filed 9-22-22; 8:45 am]
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