[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29591-29596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09328]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0851; FRL-10929-01-R4]
Air Plan Approval; Florida; Amendments to Stationary Sources--
Emission Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of a State Implementation Plan (SIP) revision
submitted by the State of Florida through the Florida Department of
Environmental Protection (Department or FL DEP) on April 1, 2022. The
portion of the SIP revision proposed for approval seeks to modify a
stationary source emission standard applicable to certain fossil fuel
steam generators by making several changes to provisions that regulate
emissions of sulfur dioxide (SO2), nitrogen oxides
(NOX), and visible emissions, and by removing certain
emission limits that are either obsolete or otherwise regulated by more
stringent federally enforceable conditions elsewhere. The portion of
the SIP revision also seeks to modify requirements for major stationary
sources of volatile organic compounds (VOC) and NOX by
removing unnecessary language and certain emission limits that are
obsolete. EPA is proposing to approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before June 7, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0851 at 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, Multi-Air
Pollutant Coordination Section, Air Planning and Implementation Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, GA 30303-8960. The telephone
number is (404) 562-9144. Ms. Williams-Miles can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve changes submitted by Florida on April
1, 2022,\1\ seeking to revise Rule 62-296.405, Florida Administrative
Code (F.A.C.), Fossil Fuel Steam Generators with More Than 250 million
Btu Per Hour Heat Input and 62-296.570 F.A.C., Reasonably Available
Control Technology (RACT)--Requirements for Major VOC- and NOX-Emitting
Facilities. Florida's April 1, 2022, SIP revision includes technical
support materials to demonstrate that the changes and deletions to the
rule will not interfere with the attainment or maintenance of any
National Ambient Air Quality Standards (NAAQS), or with any other
applicable requirement of the CAA. EPA's analysis of these changes in
Florida's April 1, 2022, SIP revision below provides EPA's rationale
for proposing approval of the changes to Rules 62-296.405 and 62-
296.570.\2\
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\1\ The April 1, 2022, submittal transmits several changes to
other Florida SIP-approved rules. These changes are not addressed in
this document and will be considered by EPA in a separate
rulemaking.
\2\ On March 30, 2023, Florida submitted a letter to EPA
withdrawing the changes to Rule 62-296.405(1)(c)1.g. and 62-296.405
(1)(d)2., from EPA's consideration. For this reason, EPA is not
proposing to act on the changes to (1)(c)1.g. and (1)(d)2. The
letter may be found in the docket for this proposed action.
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II. Analysis of Florida's April 1, 2022, SIP Revision
A. Rule 62-296.405
Florida's April 1, 2022, SIP revision contains changes to Florida's
SIP-approved rules under Chapter 62-296, Stationary Source--Emission
Standards, and provides a non-interference demonstration to support
these changes. The non-interference demonstration explains why the
proposed changes to the SIP would not interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in CAA section 171), or any other applicable requirement of the
Act (i.e., how the proposed revision satisfies CAA section 110(l)).
This section of the notice of proposed rulemaking will address the
portion of the SIP revision that contains changes to Rule 62-296.405,
Fossil Fuel Steam Generators with More Than 250-million Btu Per Hour
Heat Input.
Specifically, the April 1, 2022, submission contains amendments to
provisions 62-296.405(1)(a); 62-296.405(1)(c)1.; 62-296.405(1)(c)1.b.
through e.; 62-296.405(1)(c)1.h. through i.; 62-296.405(1)(c)2.a., b.,
and d.; 62-296.405(1)(c)3.; 62-296.405(1)(d)3..; 62-296.405(1)(e); and
62-296.405(2). These provisions regulate emissions of SO2,
NOX, and visible emissions from certain fossil fuel-fired
steam generators with more than 250 million British Thermal Units
(MMBtu) per hour heat input. As described below, the changes to these
provisions revise a visible emissions limitation and clarify to whom
the results of visible emissions testing must be submitted. The changes
also remove outdated language, including emission limits for sources
that have shut down or have more stringent federally enforceable
limits, add specific citations for EPA test methods, and make minor
wording edits. These changes do not allow for any pollutant emission
increases because they only remove certain SIP rules that are either
obsolete or less stringent than other applicable regulations, and
revise other rules in a way that does not lessen stringency.
i. Analysis of Amendments to Visible Emissions Provisions at Rule 62-
296.405(1)(a)
Subparagraph 296.405(1)(a) requires subject sources to comply with
a visible emissions limit of 20 percent opacity. However, the rule also
allows sources two options for exceeding 20 percent opacity: one six-
minute period per hour during which opacity cannot exceed 27 percent,
or one two-minute period per hour during which opacity cannot
[[Page 29592]]
exceed 40 percent. The rule requires that the option selected by the
source be specified in the source's construction and operation permits.
The option allowing opacity of no more than 40 percent over a two-
minute average stems from, and was consistent with, Florida DEP Method
9, which measured opacity on a two-minute average; however, Florida
removed this method from its state rules on July 10, 2014. The option
allowing one exceedance per hour of an opacity up to 27 percent over a
six-minute average stems from, and is consistent with, EPA Method 9,
which measures opacity on a two-minute average. The two options are
approximately equivalent on a six-minute average, as affirmed by the
State.\3\ The SIP revision removes the option that provides an
exception of no more than 40 percent opacity over a two-minute period
per hour. EPA is proposing to approve this change because Florida has
removed DEP Method 9 from the state rules, and because the exception is
approximately equivalent to the 27 percent exception that remains in
the rule.
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\3\ See the March 17, 2023, EPA memorandum to the file and
docket re: FL-167-1, April 1, 2022; DEP Method 9. This memorandum
memorializes a conversation between EPA and FL DEP during which
Florida confirmed that the difference between the two options is
negligible since the data points are measured by a human observer in
five percent increments.
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Subparagraph 296.405(1)(a) is also revised to remove the word
``compliance'' from the phrases ``test for particulate emissions
compliance annually'' and ``test for particulate matter emissions
compliance quarterly'' in the context of required periodic testing
requirements. These revisions alter neither the SIP requirements for
periodic particulate matter testing nor the availability of such
testing results for compliance determination purposes.
Subparagraph 62-296.405(1)(a) is also revised to add that the
results of required visible emissions tests must be submitted to ``the
local program'' instead of the Department if submission to the local
program is specified in the facility's permit. EPA believes this
addition is appropriate because Florida's eight local air programs take
lead responsibility for air compliance and enforcement activities in
their counties, and it ensures consistency with the relevant permit
requirements.
ii. Analysis of Amendments to SO2 Provisions at Rule 62-
296.405(1)(c)
Subparagraph 62-296.405(1)(c) contains SO2 emission
limit requirements for the existing emissions units covered by the
rule. Subparagraph (1)(c)1., which provides emission limits for sources
that burn liquid fuel, is being revised to remove the extraneous text
``Stations--2.5 pounds per million Btu heat input.'' This phrase is not
linked to any specific emissions units, but rather, as explained in
Florida's April 1, 2022, SIP submittal, was inadvertently retained when
the rest of a former version of provision 62-296.405(1)(c)1.a., F.A.C.
was deleted from the State's rules. The text intended for deletion from
the State's rules reads, ``Duval County north of Heckscher Drive
excluding Jacksonville Electric Authority Northside Generating
Stations--2.5 pounds per mission Btu heat input.'' However, the words
``Stations--2.5 pounds per million Btu heat input'' were
unintentionally submitted to EPA and approved into the SIP. Because
this text is detached from the units it once applied to, EPA is
proposing to approve its removal.
In addition to this change, FL DEP requests the removal of several
subparagraphs from Rule 62-296.405 because they contain SO2
limits for emissions units that no longer exist or that have more
stringent federally enforceable requirements.
The first subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.b. Subparagraph (1)(c)1.b. regulates emission
units in Duval County burning liquid fuel with a nameplate generating
capacity of less than 160 megawatts (MW), and which commenced operation
prior to October 1, 1964. The provision limits SO2 emissions
from these units to 1.10 pounds per million Btu heat input (lbs/MMBtu).
This subparagraph is proposed for removal from the Florida SIP because
it is applicable only to Jacksonville Electric Authority (JEA)
Southside Units 4 and 5, which were permanently shut down on October
31, 2001, and JEA Kennedy Units 7, 8, and 9, which were permanently
shut down on October 30, 2000. Since these units are shut down and
there are no existing emissions units potentially subject to
subparagraph (1)(c)1.b., its removal will not increase SO2
emissions. Therefore, EPA is proposing to remove this subparagraph.
The second subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.c. Subparagraph (1)(c)1.c. limits SO2
emissions from all existing subject units burning liquid fuel in Duval
County other than those covered by subparagraphs (1)(c)1.a. or
(1)(c)1.b. to 1.65 lbs/MMBtu. However, there are no longer any existing
emissions units \4\ in Duval County that subparagraph (1)(c)1.c. would
apply to. Since there are no longer any existing emissions units
subject to or potentially subject to subparagraph (1)(c)1.c., its
removal will not increase SO2 emissions. Therefore, EPA is
proposing to remove this subparagraph.
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\4\ In SIP-approved Rule 62-210.200, Definitions, ``Existing
Emissions Unit'' means an emission unit which was in existence, in
operation, or under construction, or had received a permit to begin
construction prior to January 18, 1972. See 62-210.200(134). An
emission unit is not subject to this rule if the unit was modified
or reconstructed on or after January 18, 1972.
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The third subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.d. Subparagraph (1)(c)1.d. limits SO2
emissions from Hillsborough County units south of State Highway 60
burning liquid fuel with a nameplate generating capacity of less than
100 MW, and which commenced operation prior to June 1, 1955, to 1.1
lbs/MMBtu. This subparagraph is applicable only to Tampa Electric
Company (TECO) Gannon and Hooker's Point emission units which have shut
down. The dates of the various TECO emission units' permanent shutdowns
are shown in Table 1, below.
Table 1--Shutdown Dates of TECO Gannon and Hooker's Point Units
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Permanent shut
Emissions unit (EU) down date
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TECO Gannon EU 1........................................ 4/16/2003
TECO Gannon EU 2........................................ 4/15/2003
TECO Gannon EU 3........................................ 11/1/2003
TECO Gannon EU 4........................................ 10/12/2003
TECO Hooker's Point EUs 1-6............................. 1/1/2003
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Since these units have shut down and there are no existing
emissions units potentially subject to subparagraph (1)(c)1.d., its
removal will not increase SO2 emissions. Therefore, EPA is
proposing to remove this subparagraph.
The fourth subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.e. Subparagraph (1)(c)1.e. limits SO2
emissions from Escambia County's units north of Interstate 10 burning
liquid fuel with a nameplate generating capacity of less than 50 MW,
and which commenced operation prior to October 1, 1952, to 1.98 lbs/
MMBtu. This subparagraph is applicable only to the Gulf Power Crist
Units 1-3, which were permanently shut down on December 31, 2005. Since
these units have shut down and there are no emissions units potentially
subject to subparagraph (1)(c)1.e., its removal will not increase
SO2 emissions. Therefore, EPA is proposing to remove this
subparagraph.
[[Page 29593]]
The fifth subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.h. Subparagraph (1)(c)1.h. limits SO2
emissions from the units in Leon and Wakulla Counties burning liquid
fuel with a nameplate generating capacity of less than 260 MW, and for
which a valid Department operating permit was issued prior to November
1, 1977, to 1.87 lbs/MMBtu. This subparagraph is applicable only to
City of Tallahassee Hopkins and Purdom units which were permanently
shut down. The dates of the various City of Tallahassee Hopkins and
Purdom emission units' permanent shutdowns are shown in Table 2, below.
Table 2--Shutdown Dates of City of Tallahassee Hopkins and Purdom Units
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Permanent shut
Emission unit (EU) down date
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COT Hopkins EU 1........................................ 11/17/2018
COT Hopkins EU 3........................................ 6/1/2017
COT Hopkins EU 4........................................ 2/9/2008
COT Purdom EU 5 and 6................................... 8/4/2000
COT Purdom EU 7......................................... 12/31/2013
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Since these units have shut down and there are no existing
emissions units potentially subject to subparagraph (1)(c)1.h., its
removal will not increase SO2 emissions. Therefore, EPA is
proposing to remove this subparagraph.
The sixth subparagraph FL DEP requests the removal of is
subparagraph (1)(c)1.i. Subparagraph (1)(c)1.i. limits SO2
emissions from the units in Dade, Broward, and Palm Counties burning
liquid fuel with a nameplate generating capacity of less than 170 MW,
and which commenced operation prior to May 1, 1958, to 1.1 lbs/MMBtu
(except in the event of a fuel or energy crisis declared by the
Governor of Florida or the President of the United States, in which
case the limit is 2.75 lbs/MMBtu). This subparagraph is applicable only
to Florida Power and Light (FP&L) Cutler, Lauderdale, and Riviera Beach
units, the last of which was permanently shut down on May 21, 2013. The
dates of the various FP&L Cutler, Lauderdale, and Riviera Beach
emission units' permanent shutdowns are shown in Table 3, below.
Table 3--Shutdown Dates of FP&L Cutler, Lauderdale, and Riviera Beach
Units
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Permanent shut
Emission unit (EU) down date
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FP&L Cutler Unit EU 1................................... 6/29/1982
FP&L Cutler Unit EU 3 and 4............................. 5/21/2013
FP&L Lauderdale Unit EU 1............................... 10/7/1991
FP&L Lauderdale Unit EU 2............................... 10/14/1991
FP&L Riviera Beach EU 1................................. 9/1/1995
FP&L Riviera Beach EU 2................................. 8/5/1996
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Since these units have shut down and there are no existing
emissions units potentially subject to subparagraph (1)(c)1.i., its
removal will not increase SO2 emissions. Therefore, EPA is
proposing to remove this subparagraph.
The seventh subparagraph FL DEP requests the removal of is
subparagraph (1)(c)2.a. Subparagraph (1)(c)2.a. limits SO2
emissions from Hillsborough County's units burning solid fuel with a
nameplate generating capacity of greater than 120 MW and which
commenced operation prior to November 1, 1967, to 2.4 lbs/MMBtu on a
weekly average. The provision also limits any group of such emissions
units located on one or more contiguous or adjacent properties (i.e.,
collectively) to 10.6 tons of SO2 per hour on a weekly
average. This subparagraph is applicable only to TECO Gannon units
which were permanently shut down. The dates of the various TECO Gannon
units' permanent shutdowns are shown in Table 4, below.
Table 4--Shutdown Dates of TECO Gannon Units
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Permanent shut
Emission unit (EU) down date
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TECO Gannon EU 1........................................ 4/16/2003
TECO Gannon EU 2........................................ 4/15/2003
TECO Gannon EU 3........................................ 11/1/2003
TECO Gannon EU 4........................................ 10/12/2003
TECO Gannon EU 5........................................ 1/30/2003
TECO Gannon EU 6........................................ 9/30/2003
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Since these units have shut down and there are no existing
emissions units potentially subject to subparagraph (1)(c)2.a., its
removal will not increase SO2 emissions. Therefore, EPA
proposes to remove this subparagraph.
The eighth subparagraph FL DEP requests the removal of is
subparagraph (1)(c)2.b. Subparagraph (1)(c)2.b. limits SO2
emissions from units in Hillsborough County burning solid fuel with a
nameplate generating capacity of greater than 400 MW, and which
commenced operation after November 1, 1967, and prior to June 1, 1976,
to 6.5 lbs/MMBtu over a two-hour average.\5\ This subparagraph is
applicable only to TECO Big Bend Units 1, 2, and 3. However, Unit 1 was
permanently shut down on June 1, 2020, and Unit 2 was permanently shut
down on November 30, 2021. For TECO Big Bend Unit 3, subparagraph
(1)(c)2.b. yields an allowable SO2 emission rate of 26,747.5
pounds per hour (lbs/hr) based on the limit of 6.5 lbs/MMBtu and a unit
heat input capacity of 4,115 MMBtu/hr.\6\ The TECO Big Bend facility is
also subject to a source-specific SO2 emissions cap of 2,156
lbs/hr for all of the TECO Big Bend units combined, which was approved
into the SIP as a source-specific SIP revision in 2019.7 8
This emissions cap, even though averaged over a 30-day period, is
significantly more stringent than the subparagraph (1)(c)2.b. emission
limit. For example, under subparagraph (1)(c)2.b., a unit is allowed to
emit 963 tons of SO2 in just three days, which is more than
the total allowed in 30 days under the source-specific SO2
emissions cap, 776 tons. Therefore, because the TECO Big Bend units are
either permanently shut down or are subject to another more stringent
SO2 limit in the SIP, EPA is proposing to remove this
subparagraph.
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\5\ The provision also limits SO2 emissions from a
group of units located on one or more contiguous or adjacent
properties and which are under common control (i.e., collectively)
to 31.5 tons per hour (tons/hr) over a 3-hour average and 25 tons/hr
over a 24-hour average. However, considering that Units 1 and 2 have
been permanently shut down, these caps are less stringent than the
single unit limit of 13.4 tons/hr (26,747.5 lbs/hr).
\6\ The heat capacity at Unit 3 is included in Permit No.
0570039-120-AC, which may be found at https://fldep.dep.state.fl.us/air/emission/apds/default.asp.
\7\ See 84 FR 60927 (November 12, 2019).
\8\ Florida's submission also references Permit No. 0570039-129-
AC, which is currently pending incorporation into Florida's Regional
Haze SIP. However, since this permit is not yet incorporated into
the SIP, EPA is relying on the 2019 source-specific and SIP-approved
emissions cap, as described.
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The ninth subparagraph FL DEP requests the removal of is
subparagraph (1)(c)2.d. Subparagraph (1)(c)2.d. limits SO2
emissions from units burning solid fuel in all other areas of the State
to 6.17 lbs/MMBtu. This subparagraph is only applicable to Gulf Power
Scholz Units 1 and 2, which were permanently shut down on April 16,
2015. Since these units have shut down and there are no existing
emissions units potentially subject to subparagraph (1)(c)2.d., its
removal will not increase SO2 emissions. Therefore, EPA is
proposing to remove this subparagraph.
Finally, subparagraph (1)(c)3. requires owners of fossil fuel steam
generators to monitor their emissions and the effects
[[Page 29594]]
of the emissions on ambient concentrations of SO2 in a
particular manner and frequency, and at locations approved and deemed
reasonably necessary and ordered by the Department. FL DEP notes that
the monitoring of stack emissions is regulated by SIP-approved Chapter
62-297, F.A.C., Stationary Sources--Emissions Monitoring, and views
subparagraph (1)(c)3. as a discretionary ambient SO2
monitoring provision that is no longer needed in the SIP. FL DEP
explains that the State has the authority and capability of setting up
ambient air quality monitoring stations as needed. In addition, Rule
62-212.400(7) F.A.C., requires that the owner or operator of a major
stationary source or major modification under the prevention of
significant deterioration program provide any required monitoring and
analysis as required in 40 CFR 52.21(m). EPA agrees that Florida
operates an approved plan for monitoring compliance with the
SO2 NAAQS and may require owners of fossil fuel steam
generators to conduct ambient monitoring as needed when constructing or
modifying emissions units. For these reasons, EPA is proposing to
approve removal of this subparagraph from the SIP.
iii. Analysis of Amendments to NOX Provisions at Rule 62-
296.405(1)(d)
FL DEP's April 1, 2022, submission requests the removal of
subparagraph (1)(d)3. Subparagraph (1)(d)3. limits NOX
emissions from unit in Leon County with a nameplate generating capacity
of greater than 200 MW, and for which a valid Department operating
permit was issued prior to November 1, 1977, to 0.30 lbs/MMBtu. This
subparagraph applies only to the City of Tallahassee's Hopkins Boiler
2, which was permanently shut down on February 9, 2008. Since this unit
has shut down and there are no emissions units potentially subject to
subparagraph (1)(d)3., its removal will not increase NOX
emissions. Therefore, EPA is proposing to remove this subparagraph.
iv. Analysis of Amendments to Test Methods and Procedures Provisions at
Rule 62-296.405(1)(e)
Florida's SIP revision seeks to revise subparagraph 62-
296.405(1)(e) by adding specific citations for EPA test methods and
removing outdated language. This will not result in increased emissions
or change any existing requirements; therefore, EPA is proposing to
approve the changes to this subparagraph. These revisions are
summarized as follows:
(1) The changes replace the reference to repealed FL DEP Method 9
with EPA Method 9, as described at 40 CFR part 60, appendix A-4, and
adopted by reference at Rule 62-204.800,\9\ as the test method for
visible emissions. The changes also add that the State has adopted and
incorporated by reference 40 CFR part 75 at Rule 62-204.800.
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\9\ Rule 62-204.800 adopts and incorporates by reference Federal
rules cited throughout FL DEP's air pollution rules.
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(2) The changes remove a redundant and unnecessary statement that
an owner or operator may use EPA Method 5 to demonstrate compliance.
The changes also specify where the applicable test methods are found in
the Federal rules as follows: Methods 3 and 3A are described at 40 CFR
part 60, appendix A-2; Methods 5, 5B, and 5F are described at 40 CFR
part 60, appendix A-3; Method 17 is described at 40 CFR part 60,
appendix A-6; and Method 19 is described at 40 CFR part 60, appendix A-
7. In addition, the changes update the rule by stating that the State
has adopted and incorporated these methods by reference at Rule 62-
204.800, F.A.C., rather than Chapter 62-297, F.A.C., due to the repeal
of Rule 62-297.401, Compliance Test Methods, which EPA previously
removed from the SIP. See 83 FR 13875 (April 2, 2018).
(3) The changes specify that the SO2 test methods--EPA
Methods 6, 6A, 6B and 6C--are ``as described at 40 CFR part 60,
Appendix A-4'' and that these methods are adopted and incorporated by
reference at Rule 62-204.800, F.A.C., rather than Chapter 62-297,
F.A.C.
(4) The changes specify that the NOX test methods--EPA
Methods 7, 7A, or 7E--are ``as described at 40 CFR part 60, Appendix A-
4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.''
This phrase replaces the reference to Chapter 62-297. The changes also
add that the State has adopted and incorporated by reference 40 CFR
parts 60, 75, and 76 at Rule 62-204.800.
v. Analysis of Amendments to New Emission Units Provisions at Rule 62-
296.405(2)
FL DEP is requesting the removal of subsection 62-296.405(2), which
reads as follows: 62-296.405(2) New Emissions Units.
(a) Visible Emissions--(See subsection 62-204.800(7), F.A.C., and
40 CFR 60.42 and 60.42a).
(b) Particulate Matter--(See subsection 62-204.800(7), F.A.C., and
40 CFR 60.42 and 60.42a).
(c) Sulfur Dioxide--(See subsection 62-204.800(7), F.A.C., and 40
CFR 60.43 and 60.43a).
(d) Nitrogen Oxides--(See subsection 62-204.800(7), F.A.C., and 40
CFR 60.44 and 60.44a).
This subparagraph lists visible emissions and three air pollutants,
particulate matter, SO2, and NOX, and the federal
new source performance standards (NSPS), adopted and incorporated by
reference by Florida in Rule 62-204.800, that regulate these pollutants
for certain electric utility steam generating units.\10\ This
subparagraph merely identifies the federal NSPS that are applicable to
certain fossil fuel steam generators and the Florida rule that
incorporates the relevant federal NSPS by reference. This subparagraph
does not need to be in the Florida SIP because the NSPS requirements
are independently applicable and federally enforceable. Sources that
are subject to these Federal requirements must comply with them
regardless of whether this subparagraph is in the SIP. Thus, EPA
proposes to remove subsection 62-296.405(2) from the SIP.
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\10\ Rule 62-296.405(2) lists the NSPS at 40 CFR 60.42, 60.42a,
60.43, 60.43a. 60.44, and 60.44a. EPA amended and renumbered 60.42a,
60.43a, and 60.44a as 60.42Da, 60.43Da, and 60.44Da on June 13, 2007
(72 FR 32710).
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EPA has evaluated the State's non-interference demonstration and is
proposing to find that the changes to Rule 62-296.405 would not
interfere with any requirement concerning attainment and RFP, or any
other applicable requirement of the CAA for the reasons discussed
above.
B. Rule 62-296.570
The April 1, 2022, submission removes obsolete provisions in Rule
62-296-570, Reasonably Available Control Technology (RACT)--
Requirements for Major VOC- and NOX-Emitting Facilities and makes
changes to clarify the intent of the Rule and update certain cross-
references. FL DEP developed Rule 62-296.570 to implement VOC and
NOX RACT for existing major sources of VOC and
NOX in its then moderate ozone nonattainment area--the South
Florida Area (consisting of Broward, Dade, and Palm Beach Counties)--as
required by CAA section 182.\11\ After EPA
[[Page 29595]]
redesignated the South Florida Area to attainment, Florida revised its
RACT rules such that Rule 62-296.570 now applies to the South Florida
maintenance area.\12\
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\11\ See 60 FR 2688, 2689 (January 11, 1995) (approving
Florida's January 8, 1993, SIP revision and noting that Florida's
RACT rule ``applies to the 1990 Clean Air Act Amendment requirement
for RACT for existing major sources of VOCs and NOX in
Florida's moderate non-attainment area.''). The fact that Rule 62-
296.570 applies solely to existing units is further evidenced by
language in Florida's January 8, 1993 SIP revision (available in the
docket for this proposed action), the May 31, 1995, compliance date
in Rule 62-296.570(4)(a)1, and the exclusion of new and modified
major VOC- and NOX emitting facilities subject to major
new source review through Rule 62-296.570(1)(a) (referencing Rule
62-296.500(1)(b)).
\12\ See 60 FR 10325 (February 24, 1995) (redesignating the
South Florida Area to attainment); 64 FR 32346 (June 16, 1999).
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Subparagraph 62-296.570(1)(b) is revised to clarify the intent of
the rule. Chapter 62-296.570 establishes requirements for major VOC-
and NOX-emitting facilities. The following text is added to
subparagraph (1)(b) to clarify that the rule requirements do not apply
to activities considered insignificant for title V permitting purposes:
``or that would otherwise be considered insignificant pursuant to Rule
62-213.300(2)(a)1., F.A.C., or Rule 62-213.430(6)(b), F.A.C[,],''.
Insignificant activities are not considered major emitting activities
for the purposes of a title V permitting, so this text is clarifying
that the rule does not apply to insignificant activities.
Paragraph 62-296.570(3) is proposed for removal from the SIP.
Currently, subparagraph 62-296.570(3)(a) requires an owner or operator
of any emission unit subject to the Rule to apply for a new or revised
permit to operate in accordance with 62-296.570 by March 1, 1993,
unless a later filing date is specified by FL DEP in writing.
Subparagraph (3)(b) extends the expiration date of existing operation
permits for any emission unit subject to the requirements of this rule
if the existing permit would expire between the effective date of the
section and March 1, 1993, or any later filing date specified by the
Department, unless a permit is revoked or suspended. All affected
facilities already have operating permits and the date for compliance
with this rule has passed; therefore, these rules are no longer needed
in the SIP.
Subparagraphs 62-296.570(4)(a)1. and 2. are also proposed for
removal from the SIP. Currently, subparagraph 62-296.570(4)(a)1.
requires applicants for a new or revised operation permit for an
emissions unit subject to the rule to propose a schedule implementing
RACT emission limiting standards no later than May 31, 1995. Further,
the emissions unit must demonstrate compliance with the RACT emission
limiting standards in accordance with the schedule specified in its air
operation permit. Subparagraph (4)(a)2. requires that fuel specific
NOX and VOC emission limits established under Rule 62-
296.570 are incorporated into the new or revised operation permit for
each emissions unit and become effective in accordance with the terms
of the permit. All affected facilities were those outlined in
paragraphs 62-296.570(3)(a) and (b). The requirements in subparagraphs
(4)(a)1. and (4)(a)2 have already been met for those operating permits
and the date for compliance with the subparagraphs has passed;
therefore, these rules are no longer needed in the SIP and their
removal will not alter current regulatory requirements.
Subparagraph 62-296.570(4)(b)1. is proposed for removal from the
SIP. Currently, subparagraph 62-296.570(4)(b)1. requires that emissions
of NOX from any rear wall-fired, forced circulation, 16-
burner, compact furnace shall not exceed 0.20 lb/MMBtu while firing
natural gas, and 0.36 lb/MMBtu while firing oil. However, the emission
units subject to the provision, FP&L Port Everglades Units 1 and 2,
were permanently shut down. Further, as discussed above, since the Rule
only applies to existing emission units, this subparagraph does not
apply to any future units. Additionally, any future major units would
undergo major new source review under Chapter 62-212. For these
reasons, this subparagraph is no longer needed in the SIP.
Subparagraph 62-296.570(4)(b)2. is proposed for removal from the
SIP. Currently, subparagraph 62-296.570(4)(b)2. requires that
NOX emissions from any front wall fired, natural
circulation, 18-burner, compact furnace shall not exceed 0.40 lb/MMBtu
while firing natural gas and 0.53 lb/MMBtu while firing oil. However,
the emission units subject to this provision, FP&L Port Everglades
Units 3 and 4, and Turkey Point Units 1 and 2, were permanently shut
down. Further, since the Rule only applies to existing emission units,
this subparagraph does not apply to any future units. Additionally, any
future major units would undergo major new source review under Chapter
62-212. For these reasons, this rule subparagraph is no longer needed
in the SIP.
Subparagraph 62-296.570(4)(b)3. is proposed for removal from the
SIP. Currently, subparagraph 62-296.570(4)(b)3. requires that
NOX emissions from any front wall fired, natural
circulation, 24-burner, compact furnace shall not exceed 0.50 lb/MMBtu
while firing natural gas and 0.62 lb/MMBtu while firing oil. However,
the emission units subject to this provision, FP&L Riviera Beach Units
3 and 4, were permanently shut down. Further, since the Rule only
applies to existing emission units, this subparagraph does not apply to
any future units. Additionally, any future major units would undergo
major new source review under Chapter 62-212. For these reasons, this
subparagraph is no longer needed in the SIP.
Subparagraph 62-296.570(4)(b)4. is proposed for removal from the
SIP. Currently, subparagraph 62-296.570(4)(b)4. requires that
NOX emissions from any tangentially fired, low heat release,
large furnace shall not exceed 0.20 lb/MMBtu while firing natural gas.
However, the emission units subject to this provision, FP&L Cutler
Units 3 and 4, were permanently shut down. Further, since the Rule only
applies to existing emission units, this subparagraph does not apply to
any future units. Additionally, any future major units would undergo
major new source review under chapter 62-212. For these reasons, this
rule subparagraph is no longer needed in the SIP.\13\
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\13\ EPA is not proposing to approve the change to subparagraph
62-296.570(4)(b)9. transmitted in the April 1, 2022, submittal in
this document, and will address this change in a separate action.
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Subparagraph 62-296.570(4) is further revised to update cross-
references and to clarify that not all testing is for determining
compliance. The first language change replaces the word ``Compliance''
in the phrase ``Compliance Dates and Monitoring'' in (4)(a) to
``Emissions Testing.'' Another language change removes the phrase
``compliance with the emission limits established in this rule shall be
demonstrated by'' as unnecessarily descriptive text in subparagraph
(4)(a)3. A reference update in the revision removes the cross-reference
to Rule 62-297.401, Compliance Test Methods, which as noted previously,
EPA has removed from the SIP.\14\ This cross-reference described the
applicable EPA reference methods used to conduct annual emissions
testing for emission units not equipped with continuous emission
monitoring systems for NOX or VOCs. Florida replaces this
cross-reference with the phrase ``as described in 40 CFR part 60,
Appendices A-1 through A-8, adopted and incorporated by reference at
Rule 62-204.800''. Florida makes these same cross-reference changes to
paragraph (4)(b)9.
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\14\ See 83 FR 13875 (April 2, 2018).
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EPA has evaluated the State's non-interference demonstration and is
proposing to find that the changes to Rule 62-296.570 would not
interfere with any requirement concerning attainment and RFP, or any
other
[[Page 29596]]
applicable requirement of the CAA for the reasons discussed above.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, as discussed in sections I and II
of the preamble, EPA is proposing to incorporate by reference: Florida
Rule 62-296.405, Fossil Fuel Steam Generators with More than 250
million Btu per Hour Heat Input, which modifies stationary source
emission standards for fossil fuel-fired steam generators in the
Florida SIP, state-effective July 10, 2014, and Florida Rule 62-
296.570, Reasonably Available Control Technology (RACT)--Requirements
for Major VOC- and NOX-Emitting Facilities, which modifies stationary
source emission standards for major VOC and NOX facilities
in the Florida SIP, state effective July 10, 2014, except for
subparagraph 62-296.570(4)(b)9.\15\ EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the ``For Further Information Contact'' section of this preamble for
more information).
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\15\ Subparagraph 62-296.570(4)(b)9. will remain in the SIP with
a state effective date of November 23, 1994.
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IV. Proposed Action
For the reasons discussed above, EPA is proposing to approve the
portion of Florida's April 1, 2022, SIP revision seeking to amend Rules
62-296.405 and 62-296.570.
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 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
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.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving EJ for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 27, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-09328 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P