[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Proposed Rules]
[Pages 62303-62309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19463]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / 
Proposed Rules  

[[Page 62303]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0056; FRL-11369-01-R4]


Air Plan Approval; FL; Miscellaneous SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Florida State Implementation Plan (SIP) revision, submitted 
by the State of Florida through the Florida Department of Environmental 
Protection (FDEP) on April 1, 2022. The SIP revision revises multiple 
stationary source rules in Florida's SIP with substantive and minor 
changes throughout. EPA is proposing to approve these changes pursuant 
to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before October 11, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0056 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, 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. Mr. Ortiz can be 
reached via phone number (404) 562-8085 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is proposing to approve certain changes to the Florida SIP that 
were submitted by FDEP on April 1, 2022. Specifically, EPA is proposing 
to approve changes to Rules 62-296.414, Florida Administrative Code 
(F.A.C.), Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal 
Treatment Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-
296.500, F.A.C., Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting 
Facilities; 62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil 
Coating; 62-296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric 
and Vinyl Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-
296.506, F.A.C., Surface Coating of Large Appliances; 62-296.507, 
F.A.C., Magnet Wire Coating; 62-296.508, F.A.C., Petroleum Liquid 
Storage; 62-296.510, F.A.C., Bulk Gasoline Terminals; 62-296.511, 
F.A.C., Solvent Metal Cleaning; 62-296.512, F.A.C., Cutback Asphalt; 
62-296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and 
Products; 62-296.514, F.A.C., Surface Coating of Flat Wood Paneling; 
62-296.515, F.A.C., Graphic Arts Systems; and 62-296.516, F.A.C., 
Petroleum Liquid Storage Tanks with External Floating Roofs.\1\
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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 notice and will be considered by EPA in separate rulemakings.
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II. EPA's Analysis of Florida's April 1, 2022, SIP Revision

A. Rule 62-296.414, Concrete Batching Plants

    Florida's April 1, 2022, SIP revision updates Rule 62-296.414, 
Concrete Batching Plants, with one change to a cross-reference, several 
language edits, and an adjustment to one timing requirement.
    First, the SIP revision changes one cross-reference in subparagraph 
(3)(a) to reflect that EPA Method 9 is now found in 40 CFR part 60, 
Appendix A-4. Previously, the rule indicated that EPA Method 9 could be 
found in 40 CFR part 60, Appendix A generally. EPA is proposing to 
approve this change since it specifies which section of Appendix A 
houses EPA Method 9.
    The SIP revision also makes several language edits. One language 
change eliminates the unnecessary phrase ``new and existing'' from the 
introductory paragraph of the rule to describe emissions units. The 
rule applies to all emissions units producing concrete and concrete 
products by batching or mixing cement and other materials, and the 
change merely simplifies the text. Another edit in subparagraphs (4)(a) 
and (4)(b) changes language to specify that visible emissions testing 
must be conducted for ``stack emissions referenced in subsection 62-
296.414(1), F.A.C.'' rather than ``for each dust collector exhaust 
point.'' This change broadens the scope of the rule by requiring 
visible emissions tests to be performed at any emission point on a 
stack that is appropriate per the required testing method, rather than 
only at a dust collector exhaust point. One last language change in 
subparagraph (4)(b) replaces the word ``performance'' with ``visible 
emissions'' in the phrase ``performance test.'' This change is 
clarifying in nature as the performance test for this rule has always 
been a visible emissions test, so the language does not alter any 
applicable requirements.
    Finally, the SIP revision has changed a timing requirement that 
specifies how soon a visible emissions test must be performed within 
the commencement of initial operation. The SIP revision changes the 
requirement for a visible emissions test to be performed within 30 days 
of commencing ``initial'' operation to 60 days. FDEP explains that it 
is making this change because it is

[[Page 62304]]

more logistically practicable for a subject source to perform the test 
in 60 days instead of the first 30 days. EPA agrees with the State, 
does not expect a difference in emissions between a test result 
performed within the first 30 days in comparison to one performed 
within the second set of 30 days that would interfere with any 
applicable CAA requirement, and notes that the emissions limitations in 
paragraphs (1) and (2) immediately apply to subject sources.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and reasonable further progress (RFP) or any 
other applicable requirement of the Act.\2\ Therefore, EPA is proposing 
to approve the aforementioned changes to Rule 62-296.414 into the 
Florida SIP.
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    \2\ See CAA Section 110(l).
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B. Rule 62-296.415, Soil Thermal Treatment Facilities

    Florida's April 1, 2022, SIP revision updates Rule 62-296.415, Soil 
Thermal Treatment Facilities, with two language edits, several cross-
reference changes, and the removal of one obsolete compliance date.
    The SIP revision makes two language edits to Rule 62-296.415. 
First, the introductory paragraph to the rule has been revised to 
change the word ``section'' to ``rule'' in describing Rule 62-296.415. 
EPA is proposing to accept this change because it is consistent with 
the nomenclature used in Florida's regulations. Second, Rule 62-296.415 
was revised to eliminate the unnecessary phrase ``new, modified, and 
existing'' because all soil thermal treatment facilities covered by the 
rule are either new or existing. Therefore, the removal of this phrase 
merely simplifies the text.
    In addition to the language changes, Florida has revised the rule 
to update several cross-references. In subsection (1)(b) the rule 
citation for requiring a continuous emission monitor was changed from 
``Rule 62-297.500, F.A.C.,'' to ``Subsection 62-296.415(6), F.A.C.,'' 
due to the repeal of Rule 62-297.500. Because Florida repealed Rule 62-
297.500 and it is not a part of the Florida SIP, this cross-reference 
does not function in its current form. The new cross-reference is to an 
applicable section within Rule 62-296.415, which is a SIP-approved 
rule. EPA is proposing to approve this revision because owners and 
operators of soil thermal treatment facilities will now be subject to 
specific continuous emissions monitoring requirements for carbon 
monoxide. The SIP revision also revises a cross-reference in subsection 
(4). Specifically, the revision changes the applicable rule citation 
for unconfined emissions of soil thermal treatment facilities from Rule 
62-296.310 to Rule 62-296.320. Similar to the change in subsection 
(1)(b), this cross-referenced rule has been repealed and is not a part 
of the Florida SIP, so the cross-reference does not function in its 
current form. The new cross-reference is to a SIP-approved rule 
containing the applicable requirements for controlling unconfined 
emissions of particulate matter at soil thermal treatment facilities. 
EPA is proposing to approve this change because owners and operators of 
soil thermal treatment facilities will now be subject to specific rules 
to control unconfined emissions of particulate matter. Another change 
adds language to subparagraphs (5)(a)-(5)(c) to specify which section 
in 40 CFR part 60, Appendix A describes the respective federally 
approved test methods cited in each subparagraph. The changes also add 
that the State has adopted and incorporated by reference the EPA test 
methods at Rule 62-204.800.\3\ The new reference to Rule 62-204.800 
replaces a reference to the test methods incorporated and adopted by 
reference generally into Chapter 62-297. EPA test methods were 
previously adopted by reference in Rule 62-297.401. Rule 62-297.401 was 
repealed from the State rules on July 19, 2014, and EPA removed it from 
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed 
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by 
reference EPA test methods. EPA is proposing to approve this revision 
because owners and operators of soil thermal treatment facilities will 
be subject to the requirements outlined in applicable EPA test methods. 
EPA proposes to accept these changes because they correct and specify 
multiple cross-references in the rule.
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    \3\ Rule 62-204.800 adopts and incorporates by reference federal 
rules cited throughout FDEP's air pollution rules.
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    Finally, the SIP revision eliminates an obsolete compliance date in 
the introductory paragraph for Rule 62-296.415. Currently, the 
introductory paragraph requires that all facilities comply with the 
requirements in Rule 62-296.415 by December 1, 1992. Since this 
compliance date has passed, the compliance date is obsolete and no 
longer needed in the SIP. All soil thermal treatment facilities will 
still be required to comply with the requirements in the rule.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.415 into the Florida SIP.

C. Rule 62-296.418, Bulk Gasoline Plants

    Florida's April 1, 2022, SIP revision updates Rule 62-296.418, Bulk 
Gasoline Plants with one change that specifies the counties by name 
that are subject to the rule--Broward, Duval, Hillsborough, Miami-Dade, 
Orange, Palm Beach, and Pinellas Counties--instead of referring 
generally to areas designated as air quality maintenance areas for 
ozone under Rule 62-204.340.
    Florida has several counties that were initially designated as 
nonattainment for the 1-hour ozone NAAQS but are now in maintenance. On 
November 6, 1991, EPA designated and classified Broward, Dade,\4\ and 
Palm Beach counties as moderate nonattainment for the 1979 1-hour ozone 
NAAQS; Duval County as transitional nonattainment; Hillsborough and 
Pinellas counties as marginal nonattainment; and Orange County as 
attainment.\5\ See 56 FR 56694. The State was required to develop and 
submit to EPA plans to attain the standard in the nonattainment areas, 
including reasonably available control technology (RACT) regulations to 
control ozone for incorporation into the Florida SIP. On November 8, 
1993, Florida submitted to EPA an ozone redesignation request and 
maintenance plan for Broward, Dade, Palm Beach, and Duval Counties. EPA 
approved Florida's maintenance plan and request to redesignate Broward, 
Dade, and Palm Beach counties to attainment for the 1-hour ozone NAAQS, 
effective April 25, 1995, and Duval County to attainment for the 1-hour 
ozone NAAQS, effective March 6, 1995. See 60 FR 10325 (February 24, 
1995). On December 7, 1995, EPA approved Florida's request to 
redesignate Hillsborough and Pinellas counties to attainment for the 1-
hour ozone NAAQS. See 60 FR 62748.
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    \4\ Dade County was renamed as Miami-Dade County in 1997.
    \5\ Orange County has never been designated as nonattainment for 
the 1-hour ozone NAAQS.
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    Currently, the Rule applies to those counties that were designated 
as maintenance areas for ozone under SIP-approved Rule 62-204.340, 
Designation

[[Page 62305]]

of Attainment, Nonattainment, and Maintenance Areas. Rule 62-204.340 
lists Orange County, Duval County, the area consisting of Broward, 
Dade, and Palm Beach Counties, and the area consisting of Hillsborough 
and Pinellas Counties as maintenance areas for ozone. The SIP revision 
replaces the language referring to those areas listed under Rule 62-
204.340 with a listing of the applicable counties in each of the listed 
maintenance areas under Rule 62-204.340.\6\
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    \6\ If an area in Florida is designated nonattainment and 
classified as moderate or higher for an ozone NAAQS in the future, 
Florida would be required to submit a plan to attain the NAAQS, and 
only then would need to revise this rule to possibly include other 
counties that would be subject to the RACT requirements in the rule.
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    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.418 into the Florida SIP.

D. Rule 62-296.500, Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting 
Facilities

    Florida's April 1, 2022, SIP revision updates Rule 62-296.500, 
Reasonably Available Control Technology (RACT)--Volatile Organic 
Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities, with one 
language edit, a specification as to what facilities the rule applies 
to, several changes to cross-references, and one additional exemption.
    First, the language change to Rule 62-296.500 revises both 
subparagraphs (1)(b) and (2)(c) to change the word ``section'' to 
``rule'' in describing Rule 62-296.500. EPA is proposing to accept this 
change because it is consistent with the nomenclature used in Florida's 
regulations.
    The SIP revision also makes a change that clarifies which 
facilities the rule applies to. The current SIP-approved rule states in 
subparagraph (1)(a) that the rule applies to ``existing VOC-emitting 
facilities'' and ``new and modified VOC-emitting facilities'' in those 
``areas designated as air quality maintenance areas for ozone under 
Rule 62-204.340, F.A.C.'' The SIP revision removes this language and 
instead states that the rule applies to ``each stationary VOC-emitting 
stationary emissions unit in Broward, Duval, Hillsborough, Miami-Date, 
Orange, Palm Beach, or Pinellas County . . .'' EPA is proposing to 
approve this change because the specific counties listed in the 
revision are the same as those listed as ozone maintenance areas in the 
SIP-approved version of Rule 62-204.340.\7\
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    \7\ See footnote 6.
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    In addition to the above-described changes, Florida has revised the 
rule to update several cross-references. First, subparagraphs (1)(a) 
and (1)(b) are revised to add the phrases ``Prevention of Significant 
Deterioration review or Preconstruction Review for Nonattainment 
Areas'' for the currently SIP-approved cross-references to 40 CFR 
52.21, Rule 62-212.400, and Rule 62-212.500. The SIP revision also adds 
the phrase ``as adopted and incorporated by reference in Rule 62-
204.800, F.A.C.'' after the reference to 40 CFR 52.21. The SIP revision 
also identifies the December 1984 date for the existing cross-reference 
to EPA document number 450/3-84-019 in subparagraph (2)(b)4., which 
explains what form a manufacturer's certification of the coating 
composition must be in, and states that this version is ``herein 
adopted and incorporated by reference.'' EPA proposes to accept these 
changes as they add more identifying information to currently SIP-
approved cross-references and incorporate by reference an EPA document 
that was already referenced in the Rule.
    Finally, subparagraph (2)(a) is revised to exempt emissions units 
operating under an Air General Permit pursuant to Rule 62-210.310 from 
the requirement to obtain separate permits to construct or operate 
pursuant to this paragraph. Although these emission units would not be 
required to obtain any additional permits under paragraph (2)(a), they 
would still be subject to applicable emission limits and other 
requirements in Rules 62-296.501 through 62.296.516 and 62-296.570 
(i.e., the permitting exemption would not change the requirement for 
owners and operators of these facilities to comply with applicable RACT 
requirements under these rules).8 9
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    \8\ See Rules 62-210.310(1)(a)(2) and 62-210.310(3)(n) in the 
Florida SIP.
    \9\ See email from Preston McLane, Florida Department of 
Environmental Protection, to Brad Akers, EPA Region 4 (August 23, 
2023), available in the docket for this proposed rulemaking.
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    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.500 into the Florida SIP.

E. Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-296.503, 
Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-296.505, Metal 
Furniture Coating; 62-296.506, Surface Coating of Large Appliances; and 
62-296.507, Magnet Wire Coating

    Florida's April 1, 2022, SIP revision updates Rules 62-296.501, Can 
Coating; 62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-
296.504, Fabric and Vinyl Coating; 62-296.505, Metal Furniture Coating; 
62-296.506, Surface Coating of Large Appliances; and 62-296.507, Magnet 
Wire Coating with identical changes to cross-references in their 
respective rules.
    The SIP revision updates four cross-references in each of the cited 
rules. First, subparagraph (4)(a) of each rule has been revised to add 
the following language to include a citation to the CFR for EPA Method 
24: ``as described at 40 CFR part 60, Appendix A-7, adopted and 
incorporated by reference at Rule 62-204.800, F.A.C.'' The new 
reference to Rule 62-204.800 replaces a reference to the test methods 
incorporated and adopted by reference generally in Chapter 62-297. EPA 
test methods were previously adopted by reference in Rule 62-297.401. 
As mentioned previously, Rule 62-297.401 was repealed from the State 
rules on July 19, 2014, and EPA removed it from the SIP on April 2, 
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.401 and it 
is not a part of the Florida SIP, this cross-reference does not 
function in its current form. The new cross-reference is to Rule 62-
297.800 which adopts and incorporates by reference EPA test methods. 
EPA is proposing to approve this revision because owners and operators 
of each of the respective facilities will be subject to the 
requirements outlined in applicable EPA test methods. Further, 
subparagraph (4)(a) has also been revised in each rule to include the 
full title for EPA document 450/3-84-019, the location of the document 
on the Florida Department of State's website, and a statement that the 
document is adopted and incorporated by reference in the rule: 
``Procedures for Certifying Quantity of Volatile Organic Compounds 
Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by 
reference.'' Next, subparagraph (4)(b) of each rule has been revised to 
add the following language that includes a citation to the CFR for EPA 
Method 25 and identifies the rule that adopts and incorporates by 
reference that test method: ``as described at 40 CFR part

[[Page 62306]]

60, Appendix A-7, adopted and incorporated by reference at Rule 62-
204.800, F.A.C.'' Further, subparagraph (4)(b) has also been revised in 
each rule to include the full title of EPA document 450/2-78-041: 
``Alternate Test Method for Direct Measurement of Total Gaseous Organic 
Compounds Using a Flame Ionization Analyzer.'' Finally, the revision 
revises subparagraph (4)(b)(2) in every rule to update the cross-
reference for the specified test method for volatile organic compounds 
from Rule 62-297.440(7) to Rule 62-297.450. Rule 62-297.440(7) was 
repealed from the State rules on July 10, 2014, and EPA removed it from 
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida 
repealed Rule 62-297.440(7) and it is not a part of the Florida SIP, 
this cross-reference does not function in its current form. The new 
cross-reference is to Rule 62-297.450, which is a SIP-approved rule. 
EPA is proposing to approve this revision because owners and operators 
of each of the respective facilities will now be subject to specific 
VOC capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rules 62-296.501, Can Coating; 62-296.502, Coil Coating; 62-
296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large 
Appliances; and 62-296.507, Magnet Wire Coating into the Florida SIP.

F. Rule 62-296.508, Petroleum Liquid Storage

    Florida's April 1, 2022, SIP revision updates Rule 62-296.508, 
Petroleum Liquid Storage, with one language change and several changes 
to cross-references.
    First, the language change to Rule 62-296.508 revises paragraph (3) 
to change the word ``section'' to ``rule'' in describing Rule 62-
296.508. EPA is proposing to accept this change because it is 
consistent with the nomenclature used in Florida's regulations.
    The SIP revision also updates several cross-references in the rule. 
First, subparagraph (3)(b) has been revised to add the following 
language that now includes a citation to the CFR for EPA Method 25, and 
identifies the State rule that adopts and incorporates by reference 
that test method: ``as described at 40 CFR part 60, Appendix A-7, 
adopted and incorporated by reference at Rule 62-204.800, F.A.C.'' 
Further, subparagraph (3)(b) has also been revised to include the full 
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct 
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization 
Analyzer.'' Finally, the revision revises subparagraph (4)(b)(2) to 
update the cross-reference for the specified test method for volatile 
organic compounds from Rule 62-297.440(7) to Rule 62-297.450. As 
mentioned in Section II.E, Rule 62-297.440(7) was repealed from the 
State rules on July 10, 2014, and EPA removed it from the Florida SIP 
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is 
proposing to approve this revision because owners and operators of each 
of the respective facilities will now be subject to specific VOC 
capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.508 into the Florida SIP.

G. Rule 62-296.510, Bulk Gasoline Terminals

    Florida's April 1, 2022, SIP revision updates Rule 62-296.510, Bulk 
Gasoline Terminals to revise several cross-references.
    The SIP revision revises cross-references in two subparagraphs. 
First, subparagraph (4)(a) has been revised to add the following 
language that now includes a citation to the CFR for EPA Methods 2A and 
2B: ``as described at 40 CFR part 60, Appendix A-1.'' Further, the 
following language has been added to the same subparagraph to include a 
citation to the CFR for EPA Methods 25A and 25B: ``as described at 40 
CFR part 60, Appendix A-7.'' Florida also changes subparagraph (4)(a) 
to state that EPA Methods 2A, 2B, 25A, and 25B have been ``adopted and 
incorporated by reference at Rule 62-204.800, F.A.C.'' Second, 
subparagraph (4)(b) has been revised to add the following language that 
now includes a citation to the CFR for EPA Methods 21 and 27: ``as 
described at 40 CFR part 60, Appendix A-7; and EPA Method 27, as 
described at 40 CFR part 60, Appendix A-8.'' Similar to the change in 
subparagraph (4)(a), Florida adds language noting that EPA Methods 21 
and 27 have also been ``adopted and incorporated by reference at Rule 
62-204.800.'' The new reference to Rule 62-204.800 replaces a reference 
to the test methods incorporated and adopted by reference generally in 
Chapter 62-297. EPA test methods were previously adopted by reference 
in Rule 62-297.401. As mentioned previously, Rule 62-297.401 was 
repealed from the State rules on July 19, 2014, and EPA removed it from 
the SIP on April 2, 2018. See 83 FR 13875. Because Florida repealed 
Rule 62-297.401 and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.800 which adopts and incorporates by 
reference EPA test methods. EPA is proposing to approve this revision 
because owners and operators of bulk gasoline terminals will now be 
subject to the requirements outlined in applicable EPA test methods. 
EPA proposes to accept these changes because they do not alter any 
requirements and they add more identifying information to already SIP-
approved test methods.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.510 into the Florida SIP.

H. Rule 62-296.511, F.A.C., Solvent Metal Cleaning

    Florida's April 1, 2022, SIP revision updates Rule 62-296.511, 
Solvent Metal Cleaning, by revising several cross-references and making 
one language edit.
    First, the SIP revision updates several cross-references. In 
subparagraph(1)(a), Florida has revised the language to state that 40 
CFR part 63, subpart T, is adopted and incorporated by reference in 
Rule 62-204.800 rather than in Rule 62-204.800(9). This edit provides a 
correction as the incorporation by reference of 40 CFR part 63, subpart 
T does not exist in 62-204.800(9) but does in 62-204.800 generally. 
Second, subparagraph (5)(a) has been revised to add the following 
language that now includes a citation to the CFR for EPA Method 21 and 
identifies the State rule that adopts and incorporates by reference 
that test method: ``as described at 40 CFR part 60, Appendix A-7, 
adopted and incorporated by reference at Rule 62-204.800.'' The new 
reference to Rule 62-204.800 replaces a reference to the test methods 
incorporated and adopted by reference

[[Page 62307]]

generally in Chapter 62-297. EPA test methods were previously adopted 
by reference in Rule 62-297.401. As mentioned previously, Rule 62-
297.401 was repealed from the State rules on July 19, 2014, and EPA 
removed it from the SIP on April 2, 2018. See 83 FR 13875. Because 
Florida repealed Rule 62-297.401 and it is not a part of the Florida 
SIP, this cross-reference does not function in its current form. The 
new cross-reference is to Rule 62-297.800 which adopts and incorporates 
by reference EPA test methods. EPA is proposing to approve this 
revision because owners and operators of solvent metal cleaning 
facilities will be subject to the requirements outlined in applicable 
EPA test methods. Subparagraph (5)(b) has also been revised by adding 
the following language that now includes a citation to the CFR for EPA 
Method 25, and identifies the State rule that adopts and incorporates 
by reference that test method: ``as described at 40 CFR part 60, 
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, 
F.A.C.'' Further, the same subparagraph is revised to include the full 
title of EPA document 450/2-78-041: ``Alternate Test Method for Direct 
Measurement of Total Gaseous Organic Compounds Using a Flame Ionization 
Analyzer.'' Finally, the revision revises subparagraph (5)(c) to update 
the cross-reference for the specified test method for volatile organic 
compounds from Rule 62-297.440(7) to Rule 62-297.450. As mentioned in 
Section II.E, Rule 62-297.440(7) was repealed from the State rules on 
July 10, 2014, and EPA removed it from the Florida SIP on April 2, 
2018. See 83 FR 13875. Because Florida repealed Rule 62-297.440(7) and 
it is not a part of the Florida SIP, this cross-reference does not 
function in its current form. The new cross-reference is to Rule 62-
297.450, which is a SIP-approved rule. EPA is proposing to approve this 
revision because owners and operators of each of the respective 
facilities will now be subject to specific VOC capture efficiency test 
procedures. Lastly, the SIP revision makes one language edit in 
subparagraph (1)(a). The edit removes the unnecessary phrase ``new and 
existing'' because all applicable facilities are either new or 
existing. Since the removal of this phrase does not alter the 
applicability of the rule, EPA finds this change acceptable.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.511 into the Florida SIP.

I. Rule 62-296.512, Cutback Asphalt

    Florida's April 1, 2022, SIP revision updates Rule 62-296.512, 
Cutback Asphalt, with one language edit and the removal of a subsection 
that was never applicable to the rule.
    First, the language edit revises paragraph (1) to make a minor 
wording change from ``emission limiting standard or control 
technology'' to ``emission limiting control standards,'' in describing 
the provisions in subsection 62-296.512(2). EPA approves of this change 
because paragraph 62-296.512(2) is titled ``Control Standards'' and 
only contains control standards.
    Second, the SIP revision removes the entirety of paragraph (3), 
``Test Methods and Procedures'' from the rule. The test methods and 
procedures identified in this paragraph are meant to test particulate 
matter emissions. However, the rule does not contain a testing 
requirement, and particulate matter is not a pollutant that is 
regulated by this rule as the only emission limits applicable in this 
rule are for volatile organic compounds. See Rule 62-296.500(1)(a). EPA 
is proposing to approve this change because the test methods and 
procedures in paragraph (3) are not applicable to Rule 62-296.512.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.512, F.A.C. into the Florida SIP.

J. Rule 62-296.513, Surface Coating of Miscellaneous Metal Parts and 
Products, and Rule 62.296.514, Surface Coating of Flat Wood Paneling

    Florida's April 1, 2022, SIP revision updates Rules 62.296.513, 
Surface Coating of Miscellaneous Metal Parts and Products, and 
62.296.514, Surface Coating of Flat Wood Paneling with identical 
changes to cross-references in the respective rules.
    The SIP revision makes identical changes to three separate cross-
references in both rules. First, subparagraph (4)(a) of each rule has 
been revised to add the following language to include a citation to the 
CFR for EPA Method 24 and identify the State rule that adopts and 
incorporates by reference that test method: ``as described at 40 CFR 
part 60, Appendix A-7, adopted and incorporated by reference at Rule 
62-204.800, F.A.C.'' Further, subparagraph (4)(a) has also been revised 
in both rules to include the full title of EPA document 450/3-84-019, 
the location of the document on the Florida Department of State's 
website, and a statement that the document is adopted and incorporated 
by reference in the rule: ``Procedures for Certifying Quantity of 
Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings 
(http://www.flrules.org/Gateway/reference.asp?No=Ref-04298) hereby 
adopted and incorporated by reference.'' Finally, the SIP revision 
removes the phrase ``incorporated and adopted by reference in Chapter 
62-297, F.A.C'' from subparagraph (4)(a) in each rule given the changes 
described earlier in this paragraph. Second, subparagraph (4)(b)(1) in 
both rules has been revised to add the following language after the 
reference to EPA Method 25: ``as described at 40 CFR part 60, Appendix 
A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C.'' 
Further, subparagraph (4)(b)(1) has also been revised in both rules to 
include the full title of EPA document 450/2-78-041: ``Alternate Test 
Method for Direct Measurement of Total Gaseous Organic Compounds Using 
a Flame Ionization Analyzer.'' Finally, subparagraph (4)(b)(2) is 
updated in both rules to update the cross-reference for the specified 
test method for volatile organic compounds from Rule 62-297.440(7) to 
Rule 62-297.450. As mentioned in Section II.E, Rule 62-297.440(7) was 
repealed from the State rules on July 10, 2014, and EPA removed it from 
the Florida SIP on April 2, 2018. See 83 FR 13875. Because Florida 
repealed subsection 62-297.440(7), and it is not a part of the Florida 
SIP, this cross-reference does not function in its current form. The 
new cross-reference is to Rule 62-297.450, which is a SIP-approved 
rule. EPA is proposing to approve this revision because owners and 
operators of each of the respective facilities will now be subject to 
specific VOC capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS or any other applicable requirement of the Act. 
Therefore, EPA is proposing to approve the aforementioned changes to 
Rules 62-296.513 and 62-296.514 into the Florida SIP.

[[Page 62308]]

K. Rule 62.296.515, Graphic Arts Systems

    Florida's April 1, 2022, SIP revision updates Rule 62.296.515, 
Graphic Arts Systems, to revise several cross-references.
    The SIP revision revises three cross-references. First, 
subparagraph (3)(a) has been revised to add the following language that 
now includes a citation to the CFR for EPA Methods 24 and 24A and 
identifies the State rule that adopts and incorporates by reference 
those test methods: ``as described at 40 CFR part 60, Appendix A-7, 
adopted and incorporated by reference at Rule 62-204.800, F.A.C.'' 
Further, subparagraph (3)(a) has also been revised to include the full 
title of EPA document 450/3-84-019, the location of the document on the 
Florida Department of State's website, and a statement that the 
document is adopted and incorporated by reference in the rule: 
``Procedures for Certifying Quantity of Volatile Organic Compounds 
Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298) hereby adopted and incorporated by 
reference.'' Finally, the SIP revision removes the phrase 
``incorporated and adopted by reference in Chapter 62-297, F.A.C'' from 
subparagraph 3(a) given the changes described earlier in this 
paragraph. Second, subparagraph (3)(b)(1) has been revised to add the 
following language that now includes a citation to the CFR for EPA 
Method 25, and identifies the State rule that adopts and incorporates 
by reference that test method: ``as described at 40 CFR part 60, 
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, 
F.A.C.'' Further, subparagraph (3)(b)(1) has also been revised to 
include the full title of EPA document 450/2-78-041: ``Alternate Test 
Method for Direct Measurement of Total Gaseous Organic Compounds Using 
a Flame Ionization Analyzer.'' Finally, subparagraph (3)(b)(2) is 
revised to update the cross-reference for the specified test method for 
volatile organic compounds from Rule 62-297.440(7) to Rule 62-297.450. 
As mentioned in Section II.E, Rule 62-297.440(7) was repealed from the 
State rules on July 10, 2014, and EPA removed it from the Florida SIP 
on April 2, 2018. See 83 FR 13875. Because Florida repealed Rule 62-
297.440(7) and it is not a part of the Florida SIP, this cross-
reference does not function in its current form. The new cross-
reference is to Rule 62-297.450, which is a SIP-approved rule. EPA is 
proposing to approve this revision because owners and operators of each 
of the respective facilities will now be subject to specific VOC 
capture efficiency test procedures.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS or any other applicable requirement of the Act. 
Therefore, EPA is proposing to approve the aforementioned changes to 
Rule 62-296.515 into the Florida SIP.

L. Rule 62.296.516, Petroleum Liquid Storage Tanks With External 
Floating Roofs

    Florida's April 1, 2022, SIP revision updates Rule 62.296.516, 
Petroleum Liquid Storage Tanks with External Floating Roofs, to revise 
a cross reference. Subparagraph (3)(a) has been revised to add the 
following language that now includes a citation to the CFR for EPA 
Method 21, and identifies the State rule that adopts and incorporates 
by reference that test method: ``as described at 40 CFR part 60, 
Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, 
F.A.C.'' Further, the same subparagraph has been edited to specify the 
section in EPA document 450/2-78-047, an already SIP-approved cross-
reference, that provides a description of the applicable test method: 
``as described in section 5.2 on p.5-3 . . .'' EPA proposes to approve 
these changes because they do not alter any requirements and they add 
more identifying information to already SIP-approved test methods.
    For the reasons discussed above, these proposed changes to the SIP 
would not interfere with any applicable requirement concerning 
attainment of the NAAQS and RFP or any other applicable requirement of 
the Act. Therefore, EPA is proposing to approve the aforementioned 
changes to Rule 62-296.516 into 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. In accordance 
with the requirements of 1 CFR 51.5, and as discussed in Section II of 
this preamble, EPA is proposing to incorporate by reference Rules 62-
296.414, Concrete Batching Plants; 62-296.415, Soil Thermal Treatment 
Facilities; 62-296.418, Bulk Gasoline Plants; 62-296.500, Reasonably 
Available Control Technology (RACT)--Volatile Organic Compounds (VOC) 
and Nitrogen Oxides (NOX) Emitting Facilities; 62-296.501, Can Coating; 
62-296.502, Coil Coating; 62-296.503, Paper Coating; 62-296.504, Fabric 
and Vinyl Coating; 62-296.505, Metal Furniture Coating; 62-296.506, 
Surface Coating of Large Appliances; 62-296.507, Magnet Wire Coating; 
62-296.508, Petroleum Liquid Storage; 62-296.510, Bulk Gasoline 
Terminals; 62-296.511, Solvent Metal Cleaning; 62-296.512, Cutback 
Asphalt; 62-296.513, Surface Coating of Miscellaneous Metal Parts and 
Products; 62-296.514, Surface Coating of Flat Wood Paneling; 62-
296.515, Graphic Arts Systems; and 62-296.516, Petroleum Liquid Storage 
Tanks with External Floating Roofs. 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).

IV. Proposed Action

    EPA is proposing to approve the April 1, 2022, Florida SIP revision 
consisting of changes to Rules 62-296.414, Concrete Batching Plants; 
62-296.415, Soil Thermal Treatment Facilities; 62-296.418, Bulk 
Gasoline Plants; 62-296.500, Reasonably Available Control Technology 
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) 
Emitting Facilities; 62-296.501, Can Coating; 62-296.502, Coil Coating; 
62-296.503, Paper Coating; 62-296.504, Fabric and Vinyl Coating; 62-
296.505, Metal Furniture Coating; 62-296.506, Surface Coating of Large 
Appliances; 62-296.507, Magnet Wire Coating; 62-296.508, Petroleum 
Liquid Storage; 62-296.510, Bulk Gasoline Terminals; 62-296.511, 
Solvent Metal Cleaning; 62-296.512, Cutback Asphalt; 62-296.513, 
Surface Coating of Miscellaneous Metal Parts and Products; 62-296.514, 
Surface Coating of Flat Wood Paneling; 62-296.515, Graphic Arts 
Systems; and 62-296.516, Petroleum Liquid Storage Tanks with External 
Floating Roofs, from the Florida SIP for the reasons discussed above.

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 CAA 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. Accordingly, this 
proposed 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

[[Page 62309]]

Management and Budget under Executive Orders 12866 (58 FR 51735, 
October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    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 and will not impose 
substantial direct costs on Tribal governments or preempt Tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 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 FDEP 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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.


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

    Dated: September 5, 2023.
Carol Kemker,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-19463 Filed 9-8-23; 8:45 am]
BILLING CODE 6560-50-P