[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Rules and Regulations]
[Pages 21437-21440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06394]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0096; FRL-11663-02-R4]


Air Plan Approval; Revisions to the Florida State Implementation 
Plan Conformity Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision

[[Page 21438]]

submitted by the Florida Department of Environmental Protection (FDEP) 
through a letter dated August 12, 2022. The revision updates the 
general conformity portion of the conformity rule in Florida's SIP. EPA 
is approving these changes because they are consistent with the Clean 
Air Act (CAA or Act).

DATES: This rule is effective April 29, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0096. 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 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: 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

    General conformity is a requirement of CAA section 176(c). General 
conformity prohibits Federal actions within nonattainment and 
maintenance areas unless the emissions from the actions conform to the 
applicable SIP, Tribal Implementation Plan (TIP), or Federal 
Implementation Plan (FIP) for the area.\1\ Conformity to an 
implementation plan means conformity to an implementation plan's 
purpose of eliminating or reducing the severity and number of 
violations of the national ambient air quality standards (NAAQS or 
standards) and achieving expeditious attainment of such standards. See 
section 176(c)(1). Under general conformity, Federal actions cannot: 
(1) Cause or contribute to any new violation of any standard in any 
area; (2) increase the frequency or severity of any existing violation 
of any air quality standard in any area; or (3) delay timely attainment 
of any standard, any required interim emission reductions, or any other 
milestones, in any area. Id.
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    \1\ ``Federal action'' is defined at 40 CFR 93.152 as ``any 
activity engaged in by a department, agency, or instrumentality of 
the Federal government, or any activity that a department, agency or 
instrumentality of the Federal government supports in any way, 
provides financial assistance for, licenses, permits, or approves, 
other than activities related to transportation plans, programs, and 
projects developed, funded, or approved under title 23 U.S.C. or the 
Federal Transit Act (49 U.S.C. 1601 et seq.). Where the Federal 
action is a permit, license, or other approval for some aspect of a 
non-Federal undertaking, the relevant activity is the part, portion, 
or phase of the non-Federal undertaking that requires the Federal 
permit, license, or approval.''
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    EPA promulgated two sets of conformity regulations in November 1993 
to implement section 176(c) of the CAA. First, EPA promulgated 
transportation conformity regulations, which apply to highways and mass 
transit, on November 24, 1993. See 58 FR 62188. These regulations 
establish the criteria and procedures for determining whether 
transportation plans, programs, and projects funded under 23 U.S.C. or 
the Federal Transit Act (40 U.S.C. chapter 53) conform with 
implementation plans. EPA subsequently revised the transportation 
conformity regulations several times. See 69 FR 40004 (July 1, 2004); 
70 FR 24280 (May 6, 2005); 71 FR 12468 (March 10, 2006); and 73 FR 4420 
(January 24, 2008). Second, on November 30, 1993, EPA promulgated the 
general conformity regulations at 40 CFR part 51, subpart W and 40 CFR 
part 93, subpart B, which applied to all other Federal actions to 
ensure they conformed with implementation plans. See 58 FR 63214. EPA 
has revised its general conformity regulations twice. See 71 FR 40420 
(July 17, 2006) and 75 FR 17254 (April 5, 2010). As part of the 2010 
revisions, EPA revised its general conformity regulations to remove 
rules from 40 CFR part 51, subpart W that were duplicative of those in 
40 CFR part 93, subpart B. See 75 FR 17254 (April 5, 2010).\2\
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    \2\ For more information on general conformity, see https://www.epa.gov/general-conformity.
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    Florida Rule 62-204.500, Florida Administrative Code (F.A.C.), 
Conformity, addresses general conformity in paragraph (1). EPA 
incorporated Rule 62-204.500 into the Florida SIP in a direct final 
rule on August 11, 2003. See 68 FR 47468. Since then, Florida has 
amended Rule 62-204.500, and those changes are the subject of this 
rulemaking.\3\
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    \3\ The August 12, 2022, submittal transmits several changes to 
other Florida SIP-approved rules. These changes are not addressed in 
this rulemaking and will be considered by EPA in separate 
rulemakings. In addition, EPA is not acting on paragraphs 62-
204.500(1)(a)-(1)(d), F.A.C., because they were withdrawn from EPA 
consideration in a letter dated January 5, 2024, which is in the 
docket for this rulemaking.
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    Through a notice of proposed rulemaking (NPRM), published on 
February 1, 2024 (89 FR 6475), EPA proposed to approve Florida's August 
12, 2022, SIP revision to Rule 62-204.500. The details of the 
submission, as well as EPA's rationale for changing this rule, are 
described in more detail in EPA's February 1, 2024, NPRM. Comments on 
the February 1, 2024, NPRM were due on or before March 4, 2024. EPA did 
not receive any comments on the February 1, 2024, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of Rule 62-204.500, F.A.C., Conformity, 
state effective on October 23, 2016, except for paragraphs 62-
204.500(1)(a), 62-204.500(1)(b), 62-204.500(1)(c), and 62-
204.500(1)(d).\4\ 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). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\5\
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    \4\ EPA is also correcting the explanation associated with the 
entry for Rule 62-204.500 at 40 CFR 52.520(c) by removing the 
language ``Except for the incorporation by reference of 40 CFR 
93.104(e) of the Transportation Conformity Rule'' because it is 
erroneous as no reference to 40 CFR 93.104(e) exists in Rule 62-
204.500.
    \5\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is finalizing approval, with the exceptions noted, the changes 
to Rule

[[Page 21439]]

62-204.500, Conformity, into the Florida SIP. EPA is approving these 
changes because they are consistent with the CAA.

IV. 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 
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 
to positive 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 28, 2024. 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: March 21, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 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

0
2. In Sec.  52.520(c), amend the table by revising the entry for ``62-
204.500'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

[[Page 21440]]



                                    EPA-Approved Florida Laws and Regulations
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                                                       State effective
    State citation  (section)        Title/subject           date        EPA approval date       Explanation
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                            Chapter 62-204 Air Pollution Control--General Provisions
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                                                  * * * * * * *
62-204.500......................  Conformity.........      10/23/2016   3/28/2024, [Insert   Except for
                                                                         citation of          paragraphs 62-
                                                                         publication].        204.500(1)(a),
                                                                                              (1)(b), (1)(c),
                                                                                              and (1)(d).
 
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[FR Doc. 2024-06394 Filed 3-27-24; 8:45 am]
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