[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Proposed Rules]
[Pages 42410-42413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09734]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0211; FRL-11927-01-R4]
Air Plan Approval; FL; General Provisions Repeals and Amendments
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 August 12,
2022, for the purpose of removing several obsolete, duplicative, or
unnecessary rules from the general provisions portion of the Florida
SIP. EPA is proposing to approve this revision pursuant to the Clean
Air Act (CAA or Act).
DATES: Comments are due on or before June 14, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0211, 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: Sarah LaRocca, 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. LaRocca can be reached via phone number (404) 562-8994
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve changes to the Florida SIP submitted by
the State on August 12, 2022, to remove several obsolete, duplicative,
or unnecessary rules from the Florida SIP. Specifically, the changes
address Rules 62-204.100, Florida Administrative Code (F.A.C.), Purpose
and Scope; 62-204.200, F.A.C., Definitions; 62-204.220, F.A.C., Ambient
Air Quality Protection; 62-204.240, F.A.C., Ambient Air Quality
Standards; 62-204.260, F.A.C., Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments); and 62-204.400, F.A.C.,
Public Notice and Hearing Requirements for State Implementation Plan
Revisions.\1\ To support the removal of these rules from the SIP,
Florida's August 12, 2022, submittal provides justifications to
demonstrate, pursuant to CAA section 110(l), that the removal would not
interfere with any applicable requirement concerning attainment of the
National Ambient Air Quality Standards (NAAQS) and reasonable further
progress (RFP) or any other applicable requirement of the CAA. EPA's
analysis of Florida's August 12, 2022, submission, and the Agency's
rationale for proposing to approve removal of these rules from the
Florida SIP are provided in section II, below.
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\1\ FDEP's August 12, 2022, SIP Revision also included changes
to Rules 62-204.320, 62-204.340, 62-204.360, and 62-204.500. Florida
subsequently withdrew the changes to Rules 62-204.320, 62-204.340,
and 62-204.360 from EPA's consideration. EPA intends to address the
changes to Rule 62-204.500 in separate rulemakings.
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II. EPA's Analysis
A. Rule 62-204.100, Purpose and Scope
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.100, Purpose and Scope, from the Florida SIP.
The State repealed this rule on February 16, 2012. Rule 62-204.100 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. However, the
State has since determined that this rule is unnecessary because it
does not contain any requirements and merely explains the purpose of
Chapter 62-204. EPA agrees with the State's rationale and is therefore
proposing to remove Rule 62-204.100 from the Florida SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
B. Rule 62-204.200, Definitions
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.200, Definitions, from the Florida SIP. The
State repealed this rule on February 16, 2012. Rule 62-204.200 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. The SIP-
approved rule was last updated in 2008. See 73 FR 36435 (June 27,
2008). However, the State has determined that the lists of definitions
are either unnecessary or are redundant in the Florida SIP due, in
part, to subsequent changes in the SIP. Most of the definitions in this
rule are also listed in SIP-approved Rule 62-210.200. The only
definitions not duplicated in Rule 62-210.200 are Rule
[[Page 42411]]
62-204.200(21), Marginal Nonattainment Area for Ozone; Rule 62-
204.200(23), Moderate Nonattainment Area; Rule 62-204.200(25),
Nonattainment Area; and Rule 62-204.200(28), Redesignation of an Area.
These definitions are not required to be part of the Florida SIP
because they define terms related to designating and redesignating
areas for compliance with the NAAQS, the authority for which rests with
EPA.
EPA agrees with Florida that Rules 62-204.200 (21), (23), (25) and
(28), are not necessary in the Florida SIP and agrees that the rest of
Rule 62-204.200 is redundant to Rule 62-210.200 in the Florida SIP.
Therefore, EPA is proposing to remove the rule from the SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
C. Rule 62-204.220, F.A.C., Ambient Air Quality Protection
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.220, Ambient Air Quality Protection, from the
Florida SIP. The State repealed this rule on February 16, 2012. Rule
62-204.220 was first approved by EPA into the Florida SIP on June 16,
1999, with a state-effective date of March 13, 1996. See 64 FR 32346.
Rule 62-204.220(1) prohibits the Department from issuing an air permit
which would cause or contribute to a violation of an ambient air
quality standard, except as provided in Rule 62-212.500, which pertains
to preconstruction permitting in nonattainment areas.\2\ Rule 62-
204.220(2) prohibits the Department from issuing air quality permits
that would authorize the construction or modification of any emissions
unit or facility that would cause or contribute to an ambient
concentration at any point within a baseline area that exceeds either
the appropriate baseline concentration for the point plus the
appropriate maximum allowable increase or the appropriate ambient air
quality standard, whichever is less, except as provided in Rule 62-
212.400, which pertains to PSD permitting. ``Baseline Area'' is defined
in SIP-approved Rule 62-210.200 as ``all of the state'' for sulfur
dioxide, nitrogen dioxide, and particulate matter (i.e.,
PM10 and PM2.5). ``Baseline concentration'' is
also defined in Rule 62-210.200 and is the ambient concentration level
that exists in the baseline area at the time of the applicable minor
source baseline date.
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\2\ Florida currently does not have any nonattainment areas. See
40 CFR 81.310.
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The language in Rule 62-204.220(1) and (2) is unnecessary because
SIP-approved Rule 62-212.300(1)(b) and (1)(c) also prohibit a source
from constructing or modifying any emissions unit or facility if it
would either (1) cause or contribute to a violation of any ambient air
quality standard, except as provided in Rule 62-212.500 or (2) cause or
contribute to an ambient concentration at any point within a baseline
area that exceeds either the appropriate baseline concentration for the
point plus the appropriate maximum allowable increase or the
appropriate ambient air quality standard, whichever is less.
The State is also seeking to remove Rule 62-204.220(3), which
requires that ambient air quality monitors used to establish violations
of an ambient air quality standard meet the requirements of 40 CFR part
58 (part 58). The relevant sections of part 58 apply directly to any
State or local air pollution control agency which has a delegated
authority to operate a portion of the State's State or Local Air
Monitoring Station (SLAMS) \3\ network. Among other requirements, part
58 prescribes detailed collection methodologies, quality assurance
procedures, and data handling and reporting requirements for ambient
air monitoring network operations. Because Rule 62-204.220(3) only
applies to Florida's SLAMS monitors, the rule is unnecessary in
Florida's SIP as those monitors are directly regulated by part 58.
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\3\ SLAMS include the ambient air quality monitoring sites and
monitors that are required by 40 CFR part 58, appendix D, and are
needed to meet the regulatory air monitoring objectives, including
NAAQS comparisons, but may serve other data purposes. The SLAMS
network is defined by the State or local air pollution control
agency in the annual ambient air monitoring network plan required by
40 CFR 58.10(a)(1).
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Finally, the State is seeking to remove Rule 62-204.220(4), which
states that any rule which requires modeling would need to be
consistent with 40 CFR part 51, appendix W. SIP-approved Rule 62-
212.400, Prevention of Significant Deterioration (PSD), paragraph (6)
references appendix W, and Rule 62-212.400(6) is the only rule in the
Florida SIP that addresses modeling. That rule requires air quality
modeling under Rule 62-212.400 to meet Federal requirements in 40 CFR
52.21(l), which references appendix W of 40 CFR part 51. Therefore, the
State has determined that the language in Rule 62-204.220(4) is not
necessary in the Florida SIP.
For the foregoing reasons, EPA agrees with the State that the
entirety of Rule 62-204.220 is not necessary. EPA is therefore
proposing to remove Rule 62-204.220 from the Florida SIP because
removal would not interfere with any applicable requirement concerning
attainment of any NAAQS and RFP or any other applicable CAA
requirement.
D. Rule 62-204.240, Ambient Air Quality Standards
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.240, Ambient Air Quality Standards, from the
Florida SIP. The State repealed this rule on February 16, 2012. Rule
62-204.240 was first approved by EPA into the Florida SIP on June 16,
1999, with a state-effective date of March 13, 1996. See 64 FR 32346.
The rule identifies ambient air quality standards for the six criteria
pollutants addressed by the NAAQS: sulfur dioxide, particulate matter,
carbon monoxide, ozone, nitrogen dioxide, and lead. Florida states that
the standards identified in Rule 62-204.240 are outdated and obsolete,
have not functioned as state-only standards for any purpose, and were
intended to reference the Federal ambient air quality standards. Rule
62-204.240 is unnecessary because the term ``Ambient Air Quality
Standard'' is defined in the SIP at Rule 62-210.200 and references the
Federal standards in 40 CFR part 50, National Primary and Secondary
Ambient Air Quality Standards, which is adopted and incorporated by
reference in Rule 62-204.800. EPA agrees with the State and is
therefore proposing to remove Rule 62-204.240 from the Florida SIP
because removal would not interfere with any applicable requirement
concerning attainment of any NAAQS and RFP or any other applicable CAA
requirement.
E. Rule 62-204.260, Prevention of Significant Deterioration Maximum
Allowable Increases (PSD Increments)
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.260, Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments), from the Florida SIP. The
State repealed this rule on February 16, 2012. Rule 62-204.260 was
first approved by EPA into the Florida SIP on June 16, 1999, with a
state-effective date of March 13, 1996. See 64 FR 32346. The rule
establishes the PSD maximum allowable increases for particulate matter,
sulfur dioxide, and nitrogen dioxide in Class I, II, and III Areas,
which are found in Federal regulations. The State has determined that
Rule 62-204.260 is unnecessary
[[Page 42412]]
and redundant because SIP-approved Rule 62-210.200 includes a
definition for ``PSD Increment'' which points to the Federal PSD
increments at 40 CFR 52.21(c), which is adopted and incorporated by
reference in Rule 62-204.800. EPA agrees with the State and is
therefore proposing to remove Rule 62-204.260 from the Florida SIP
because removal would not interfere with any applicable requirement
concerning attainment of any NAAQS and RFP or any other applicable CAA
requirement.
F. Rule 62-204.400, Public Notice and Hearing Requirements for State
Implementation Plan Revisions
In Florida's August 12, 2022, submission, the State requests that
EPA remove Rule 62-204.400, Public Notice & Hearing Requirements for
State Implementation Plan Revisions, from the Florida SIP. The State
repealed this rule on February 16, 2012. Rule 62-204.400 was first
approved by EPA into the Florida SIP on June 16, 1999, with a state-
effective date is November 30, 1994. See 64 FR 32346. The rule contains
internal State administrative requirements that require FDEP to notice
and hold a public hearing prior to adopting any proposed revision to
the SIP and make available the proposed revision for public inspection;
furnish a record of the public hearing to the EPA Administrator upon
request; and include a certification that the hearing was held with
each proposed SIP revision. While the CAA does require public hearings
to be held on prospective SIP revisions, those requirements are found
in 40 CFR 51.102 and apply directly to the State. Therefore, EPA agrees
with the State and is proposing to remove Rule 62-204.260 from the
Florida SIP because removal would not interfere with any applicable
requirement concerning attainment of any NAAQS and RFP or any other
applicable CAA requirement.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
amended regulatory text that includes incorporation by reference. As
described in sections I and II of this preamble, EPA is proposing to
remove Rules 62-204.100, Purpose and Scope; 62-204.200, Definitions;
62-204.220, Ambient Air Quality Protection; 62-204.240, Ambient Air
Quality Standards; 62-204.260, Prevention of Significant Deterioration
Maximum Allowable Increases (PSD Increments); and 62-204.400, Public
Notice and Hearing Requirements for State Implementation Plan
Revisions, from the Florida SIP, which were incorporated by reference
in accordance with the requirements of 1 CFR part 51. EPA has made and
will continue to make the SIP generally available at the EPA Region 4
Office. To obtain a copy, please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information.
IV. Proposed Action
For the reasons discussed in Section III, EPA is proposing to
approve the August 12, 2022, Florida SIP revision consisting of the
removal of Rules 62-204.100, Purpose and Scope; 62-204.200,
Definitions; 62-204.220, Ambient Air Quality Protection; 62-204.240,
Ambient Air Quality Standards; 62-204.260, Prevention of Significant
Deterioration Maximum Allowable Increases (PSD Increments); and 62-
204.400, Public Notice and Hearing Requirements for State
Implementation Plan Revisions, from the Florida SIP.
V. Statutory and Executive Language
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 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 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 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
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.
[[Page 42413]]
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: April 30, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-09734 Filed 5-14-24; 8:45 am]
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