[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Proposed Rules]
[Pages 83062-83065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26107]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0660; FRL-11572-01-R4]


Air Plan Approval; FL; Miscellaneous SIP Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Florida Department of Environmental Protection (FDEP) on April 1, 2022. 
The proposed revision corrects definitions, updates, and removes 
outdated references, clarifies rule applicability in several rules 
within the Florida SIP, and removes methods to determine visible 
emissions.

DATES: Comments must be received on or before December 28, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0660 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.

[[Page 83063]]

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: Tiereny Bell, 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. Ms. Bell can be reached 
via phone number (404) 562-9088 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 1, 2022, FDEP submitted a SIP revision to EPA regarding 
Chapter 62-296, Florida Administrative Code (F.A.C.), Stationary 
Sources, of the Florida SIP. In Florida's April 1, 2022, submission, 
the State is requesting that EPA approve changes to the following rules 
in the Florida SIP: Rule 62-296.320(4), General Pollutant Emission 
Limiting Standards; \1\ Rule 62-296.406, Fossil Fuel Steam Generators 
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing 
Emissions Units; Rule 62-296.602, Primary Lead-Acid Battery 
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting 
Operations; Rule 62-296.604, Electric Arc Furnace Equipped Secondary 
Steel Manufacturing Operations; Rule 62-296.700, Reasonably Available 
Control Technology (RACT) Particulate Matter; Rule 62-296.702, Fossil 
Fuel Steam Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule 
62-296.705, Phosphate Processing Operations; Rule 62-296.707, Electric 
Arc Furnaces; Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711, 
Materials Handling, Sizing, Screening, Crushing and Grinding 
Operations; and Rule 62-296.712, Miscellaneous Manufacturing Process 
Operations.\2\ The April 1, 2022, SIP revision that is the subject of 
this proposed rulemaking corrects definitions, updates and removes 
outdated references, and clarifies applicability in these rules, and it 
removes methods to determine visible emissions in Rules 62-296.320 and 
62-296.406. Further discussion of what the State submitted and why EPA 
is proposing to approve these changes to the Florida SIP is provided in 
the following section.
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    \1\ On October 13, 2023, the State submitted a letter to EPA 
withdrawing its request to revise subsection (3) of Rule 62-296.320. 
Thus, EPA is not acting on Rule 62-296.320(3). For further 
information, please see the docket for this proposed rulemaking, 
which includes Florida's October 13, 2023, withdrawal letter.
    \2\ On April 1, 2022, FDEP submitted a number of SIP revisions 
to Chapter 62-296, Stationary Sources. These other SIP revisions not 
described herein will be acted on through other rulemakings. See 
also, footnote 1 regarding subparagraph (3) of Rule 62-296.320.
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II. Analysis of Florida's April 1, 2022, SIP Revision

A. Analysis of Rule 62-296.320

    In the April 1, 2022, submission, the State requests that EPA 
remove a reference to the Ringlemann Chart and revise subparagraph (4) 
of Rule 62-296.320 to include citations to the Code of Federal 
Regulations for the applicable EPA test methods--Methods 5, 9 and 17--
and state that EPA test methods are adopted and incorporated by 
reference at Rule 62-204.800, instead of Rule 62-297.401, Compliance 
Test Methods, due to the repeal of Rule 62-297.401.\3\
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    \3\ Florida repealed Rule 62-297.401, State effective on July 
10, 2014. On October 13, 2017, EPA approved the removal of Rule 62-
297.401 from Florida's SIP. See 82 FR 47636. Rule 62-204.800 adopts 
and incorporates by reference Federal rules cited throughout FDEP's 
air pollution rules.
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    The Ringlemann Chart visible emissions evaluation system evolved 
from the concept developed by Maximillian Ringelmann in the late 1800s, 
in which a chart with calibrated black grids on a white background was 
used to measure black smoke emissions from coal-fired boilers. The 
Ringelmann Chart was adopted by the U.S. Bureau of Mines in the early 
1900s and was used extensively in efforts to assess and control 
emissions. In the early 1950s, the Ringelmann concept was expanded to 
other colors of smoke by the introduction of the concept of 
``equivalent opacity.'' Equivalent opacity meant that the white smoke 
was equivalent to a Ringelmann number in its ability to obscure the 
view of a background. In some States, equivalent opacity is still 
measured in Ringelmann numbers, whereas in others a 0 to 100 percent 
scale is used. EPA stopped using Ringelmann numbers in the New Source 
Performance Standards (NSPS) when the revised EPA Method 9 was 
promulgated in 1974.\4\ All NSPS visible emission limits are stated in 
percent opacity units, although some State regulations still specify 
the use of the Ringelmann system. EPA Method 9 is based solely on 
opacity.
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    \4\ For further information regarding EPA's revised Method 9 and 
opacity, see ``Section 3.12 Method 9-Visible Determination of the 
Opacity of Emissions from Stationary Sources,'' available at https://www3.epa.gov/ttnemc01/qahandbook3/qaiii%201977/qa%20vol%20iii%20-%20aug%201977%20-%20sec%203-12.pdf.
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    EPA conducted extensive field studies on the accuracy and 
reliability of the Method 9 opacity evaluation technique when the 
method was revised and repromulgated in response to industry challenges 
concerning certain NSPS opacity standards and methods. The studies 
showed that visible emissions can be assessed accurately by properly 
trained and certified observers. Two central features of Method 9 
involve taking opacity readings of plumes at 15-second intervals and 
averaging 24 consecutive readings (6 minutes) unless some other time is 
specified in the emission standard (some NSPS specify a 3-minute 
averaging period). EPA is proposing to approve removal of the reference 
to the Ringlemann Chart because studies found that Method 9 was more 
accurate and reliable for an evaluation technique than the use of the 
Ringelmann numbers, EPA no longer uses Ringelmann numbers in the NSPS, 
and the State rule continues to use Method 9 for opacity. Thus, removal 
of the reference to the Ringlemann Chart will not interfere with any 
applicable requirement concerning attainment or any other applicable 
Clean Air Act (CAA) requirement.\5\
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    \5\ See CAA section 110(l).
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B. Analysis of Rule 62-296.406

    In the April 1, 2022, submission, the State requests that EPA 
revise Rule 62-296.406, currently titled ``Fossil Fuel Steam Generators 
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing 
Emissions Units,'' by removing the unnecessary phrases ``New and 
Existing Emissions Units'' from the rule title and ``new and existing'' 
from the rule text. EPA is proposing to approve these changes because 
the rule will continue to apply to new and existing emissions units 
that meet the rule's unchanged applicability criteria.
    FDEP is also requesting that EPA approve revisions to Rule 62-
296.406(1), which remove references to repealed FDEP Method 9. 
Subparagraph 296.406(1) requires subject sources to comply with a 
visible emissions limit of 20 percent opacity. However, the rule

[[Page 83064]]

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 
exceed 40 percent. The rule requires that the option selected by the 
source be specified in the source's construction and operation permits. 
The SIP revision removes the exception that allows up to 40 percent 
opacity over a two-minute period per hour but retains the exception 
that allows up to 27 percent opacity for one six-minute period per 
hour. The option proposed for deletion, which allows opacity of no more 
than 40 percent over a two-minute average, stems from, and was 
consistent with, FDEP 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 that is retained, allowing one exceedance per 
hour of an opacity up to 27 percent over a six-minute average, is 
consistent with, EPA Method 9, which measures opacity on a six-minute 
average. While the averaging times and percent opacity allowed in the 
two exceptions differs, the two exceptions are approximately equivalent 
on a six-minute average.\6\ Subparagraph 296.406(1) is also revised to 
add the phrase ``shall not exceed''; delete the word ``either''; add 
the word ``one'' before the word hour; add the word ``period'' after 
one-hour; change the word percentile to percent; and delete the 
provision that provided that the selected exception to the 20 percent 
opacity requirement (27 percent for a six-minute average per hour or 40 
percent for two-minute period per hour) would be specified in a permit. 
These revisions either remove language to correspond to the removal of 
the 40 percent opacity exception or clarify rule language. With such 
revisions, the proposed rule would state: ``Visible Emissions--shall 
not exceed 20 percent opacity, except for one six-minute period per 
one-hour period, which shall not exceed 27 percent.'' EPA is proposing 
to approve these changes because Florida has removed FDEP Method 9 from 
its State rules, the exception is approximately equivalent to the 27 
percent exception that remains in the rule, and the changes will not 
interfere with any applicable requirement concerning attainment or any 
other applicable CAA requirement.
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    \6\ See the March 17, 2023, EPA memorandum to the file re: FL-
167-1, April 1, 2022; DEP Method 9, which is included in the docket 
for this proposed rulemaking. 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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C. Analysis of Rules 62-296.602, .603, and .604

    As discussed below, the April 1, 2022, SIP revision contains 
several changes to Rule 62-296.602, Primary Lead-Acid Battery 
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting 
Operations; and Rule 62-296.604, Electric Arc Furnace Equipped 
Secondary Steel Manufacturing Operations.
    The April 1, 2022, submission revises Rules 62-296.602(3), 62-
296.603(3), and 62-296.604(3) by requiring the use of EPA's air quality 
models as provided in 40 CFR part 51, Appendix W; adding a citation to 
40 CFR part 51, Appendix W; stating that EPA test methods are adopted 
and incorporated by reference at Rule 62-204.800; and clarifying that 
the ambient air quality standard for lead is the national standard. EPA 
is proposing to approve the aforementioned changes because they will 
not interfere with any applicable requirement concerning attainment or 
any other applicable CAA requirement.

D. Analysis of Rules 62-296.700, .702, .704, .705, .707, .708, .711, 
and .712

    As discussed below, the April 1, 2022, submission requests several 
changes to Rule 62-296.700, Reasonably Available Control Technology 
(RACT) Particulate Matter; Rule 62-296.702, Fossil Fuel Steam 
Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule 62-296.705, 
Phosphate Processing Operations; Rule 62-296.707, Electric Arc Furnace; 
Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711, Materials 
Handling, Sizing, Screening, Crushing and Grinding Operations; and Rule 
62-296.712, Miscellaneous Manufacturing Process Operations.
    The April 1, 2022, submission seeks to clarify Rules 62-296.700(1) 
and (2) by updating certain rule citations and revising the term 
``existing emissions unit'' to ``any emissions unit issued an air 
permit on or before May 30, 1988,'' because Florida's PM RACT rules 
only apply to emission units that have been issued air permits on or 
before May 30, 1988.\7\ The April 1, 2022 submission also deletes 
general language that provided that the rule applied in ``a particulate 
matter air quality maintenance area or in the area of influence of such 
an area,'' and instead includes language to clarify what areas of the 
State are subject to RACT for TSP by specifically identifying those 
geographic areas. Additionally, the revision moves language from Rule 
62-296.700's applicability section at .700(1) that provides an 
exception for an emissions unit which has received a determination of 
Best Available Control Technology to Rule 62-296.700's exemptions 
section at .700(2). These changes to 62-296.700(1) and (2) clarify 
applicability of the rule. Rules 62-296.702, .704, .705, .707, .708, 
.711, and .712 are revised to include citations to applicable EPA test 
methods, as described in 40 CFR part 60, Appendices A-2, A-3, A-4, A-6, 
A-7, and B, and state that EPA test methods are adopted and 
incorporated by reference in Rule 62-204.800. In addition, the 
revisions delete a sentence in Rule 62-296-702(3) stating that EPA 
Method 5 may be used to demonstrate compliance because this provision 
already specifies when EPA Method 5 may be used. EPA is proposing to 
approve these changes as they do not change the applicability of the 
rule and will not interfere with any applicable requirement concerning 
attainment or any other applicable CAA requirement.
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    \7\ On May 19, 1988, Florida submitted revisions to the SIP 
regarding particulate matter (PM) as part of the implementation of 
the PM10 standard (PM with an aerodynamic diameter of 10 
microns or less). The rules submitted under the May 19, 1988, date 
was State effective on May 30, 1988. In these revisions, which were 
approved by EPA on February 1, 1990 (55 FR 3403), EPA approved 
Florida's changes to its particulate matter SIP that clarify what 
areas of the State were covered by the PM (total suspended 
particulates (TSP)) RACT rules and the location of PM (TSP) air 
quality maintenance areas and areas of influence (areas within 50 
kilometers outside the boundary of an air quality maintenance area). 
EPA also clarified in that notice that RACT for existing sources 
would continue to apply in TSP nonattainment areas, but RACT for new 
and modified sources was rescinded. That notice addressed Rule 17-
2.650, which was later recodified to become Rules 62-296.700 through 
62-296.712.
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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 requirements of 1 CFR 51.5, and as discussed in Section II of this 
preamble, EPA is proposing to incorporate by reference Florida Rule 62-
296.320(4), General Pollutant Emission Limiting Standards, state 
effective July 10, 2014; \8\ Rule 62-296.406, Fossil Fuel Steam 
Generators with Less Than 250 Million Btu Per Hour Heat Input, State 
effective November 5, 2020; Rule 62-296.602, Primary Lead-Acid Battery 
Manufacturing Operations, State effective July 10, 2014; Rule 62-
296.603,

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Secondary Lead Smelting Operations, State effective July 10, 2014; Rule 
62-296.604, Electric Arc Furnace Equipped Secondary Steel Manufacturing 
Operations, state effective July 10, 2014; Rule 62-296.700, Reasonably 
Available Control Technology (RACT) Particulate Matter, State effective 
August 14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, State 
effective July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants, 
State effective July 10, 2014; Rule 62-296.705, Phosphate Processing 
Operations, State effective July 10, 2014; Rule 62-296.707, Electric 
Arc Furnace, State effective July 10, 2014; Rule 62-296.708, Sweat or 
Pot Furnaces, State effective July 10, 2014; Rule 62-296.711, Materials 
Handling, Sizing, Screening, Crushing and Grinding Operations, State 
effective July 10, 2014; and Rule 62-296.712, Miscellaneous 
Manufacturing Process Operations, State effective July 10, 2014. 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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    \8\ Portions of Rule 62-296.320 that are not addressed in this 
proposed rulemaking would remain in the Florida SIP with a State 
effective March 13, 1996.
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IV. Proposed Action

    For the reasons discussed above, EPA is proposing to approve the 
April 1, 2022, Florida SIP revision consisting of amendments to Rules 
62-296.320(4), 62-296.406, 62-296.602, 62-296.603, 62-296.604, 62-
296.700, 62-296.702, 62-296.704, 62-296.705, 62-296.707, 62-296.708, 
62-296.711, and 62-296.712 in the Florida SIP.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 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 
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 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 State of Florida did not evaluate environmental justice 
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 environmental justice 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: November 21, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-26107 Filed 11-27-23; 8:45 am]
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