[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67963-67964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21723]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R04-OAR-2022-0608; FRL-10387-02-R4]


Air Plan Approval; Florida; Noninterference Demonstrations for 
Removal of CAIR and Obsolete Rules in the Florida SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of a State Implementation Plan (SIP) revision submitted by the 
Florida Department of Environmental Protection (FDEP) on April 1, 2022, 
for the purpose of removing several rules from the Florida SIP. EPA is 
approving the removal of the State's Clean Air Interstate Rule (CAIR) 
rules from the Florida SIP as well as several Reasonably Available 
Control Technology (RACT) rules for particulate matter (PM) because 
these rules have become obsolete. The State has provided a non-
interference demonstration to support the removal of these rules from 
the Florida SIP pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective November 2, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0608. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9009. Mr. Adams can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 1, 2022, FDEP submitted a SIP revision to remove Rules 62-
296.470, Florida Administrative Code (F.A.C.), Implementation of 
Federal Clean Air Interstate Rule, 62-296.701, F.A.C., Portland Cement 
Plants, 62-296.703, F.A.C., Carbonaceous Fuel Burners, 62-296.706, 
F.A.C., Glass Manufacturing Process, 62-296.709, F.A.C., Lime Kilns, 
and 62-296.710, F.A.C., Smelt Dissolving Tanks from the SIP.\1\ Florida 
repealed Rule 62-296.470 on August 14, 2019, through a State regulatory 
action because CAIR has sunset and, under CSAPR, EPA determined that 
sources in Florida do not contribute significantly to nonattainment in, 
or interfere with maintenance by, any other State with respect to the 
covered NAAQS. Because the Cross-State Air Pollution Rule (CSAPR) 
replaced CAIR, and EPA previously determined that CSAPR does not apply 
to Florida, neither of these rules have any applicability in Florida 
today. Similarly, Florida's PM RACT rules only apply to emission units 
that have been issued an air permit on or before May 30, 1988. There 
are no longer any units in the State still in operation covered by 
Rules 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-296.710. 
Therefore, removal of these rules from the SIP will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA. See CAA 
section 110(l).
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    \1\ In FDEP's April 1, 2022, submission, the State requested 
several other approvals from EPA, and EPA is addressing those rules 
in a separate action.
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    Through a notice of proposed rulemaking (NPRM) published on August 
11, 2023 (88 FR 54534), EPA proposed to approve the portion of 
Florida's April 1, 2022, SIP submittal seeking removal of Florida Rules 
62-296.470, 62-296.701, 62-296.703, 62-296.706, 62-296.709, and 62-
296.710 from the SIP. The details of Florida's submission, as well as 
EPA's rational for removing these rules, are described in more detail 
in EPA's August 11, 2023, NPRM. Comments on the August 11, 2023, NPRM 
were due on or before September 11, 2023. No adverse comments were 
received on the August 11, 2023, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. EPA is finalizing the removal of Rules 62-
296.470, F.A.C., Implementation of Federal Clean Air Interstate Rule, 
62-296.701, F.A.C., Portland Cement Plants, 62-296.703, F.A.C., 
Carbonaceous Fuel Burners, 62-296.706, F.A.C., Glass Manufacturing 
Process, 62-296.709, F.A.C., Lime Kilns, and 62-296.710, F.A.C., Smelt 
Dissolving Tanks from the Florida SIP, which is incorporated by 
reference in accordance with the requirements of 1 CFR part 51, as 
discussed in Section I of this preamble. EPA has made and will continue 
to make the SIP generally available at the EPA Region 4 Office (please 
contact the person identified in the ``For Further Information 
Contact'' section of this preamble for more information).

III. Final Action

    EPA is approving the portion of the April 1, 2022, Florida SIP 
revision that consists of the removal of Rules 62-296.470, 62-296.701, 
62-296.703, 62-296.706, 62-296.709, and 62-296.710 from the Florida 
SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission

[[Page 67964]]

that complies with the provisions of the Act and applicable Federal 
regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing 
SIP submissions, EPA's role is to approve State choices, provided that 
they meet the criteria of the CAA. This action merely approves State 
law as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 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 CAA.
    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.''
    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 action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
impact on the air quality of the affected area. Consideration of EJ is 
not required as part of this 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.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 4, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

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.

    Dated: September 27, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida


Sec.  52.520  [Amended]

0
2. In Sec.  52.520 in paragraph (c) amend the table under the heading 
``Chapter 62-296 Stationary Sources-Emission Standards'' by removing 
the entries for ``Rules 62-296.470, Implementation of Federal Clean Air 
Interstate Rule,'' ``62-296.701, Portland Cement Plants,'' ``62-
296.703, Carbonaceous Fuel Burners,'' ``62-296.706, Glass Manufacturing 
Process,'' ``62-296.709, Lime Kilns,'' and ``62-296.710, Smelt 
Dissolving Tanks.''

[FR Doc. 2023-21723 Filed 10-2-23; 8:45 am]
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