[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57734-57736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15416]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0211; FRL-11927-02-R4]


Air Plan Approval; FL; General Provisions Repeals and Amendments

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 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 approving 
this revision pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective August 15, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0211. All documents in the docket 
are listed on the 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 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: Sarah LaRocca, Air Planning and 
Implementation Branch, Air and Radiation Division, Region 4, U.S. 
Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-8994. Ms. LaRocca can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving 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.
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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 a separate rulemaking.
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    Through a notice of proposed rulemaking (NPRM) published on May 15, 
2024 (89 FR 42410), EPA proposed to approve the removal of Rules 62-
204.100, 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, from the Florida SIP. EPA's 
rationale for approving the removal of these rules is described in the 
May 15, 2024, NPRM. Comments on the May 15, 2024, NPRM were due on or 
before June 14, 2024. EPA received three comments on the NPRM. Two of 
the comments received on the May 15, 2024, NPRM are not relevant to 
this action. The third comment is addressed below. All three comments 
are available in the docket for this action.

II. Response to Comments

    EPA received one relevant comment on its May 15, 2024, NPRM. EPA 
has summarized and responded to the comment below.
    Comment: The commenter recommends ``leaving the rules defined as 
`unnecessary' to better protect the environment.''
    Response: The commenter does not explain how requiring Florida to 
maintain unnecessary rules in its SIP would better protect the 
environment, nor why EPA's reasons for approving the changes as 
required by the CAA is incorrect.
    Additionally, EPA disagrees with the commenter's cursory statement. 
A SIP is a federally enforceable plan for each State that identifies 
how that State will attain and maintain the NAAQS. In formulating its 
SIP, each State is given wide discretion so long as it is consistent 
with all applicable requirements of the CAA, including section 110(l), 
and EPA must approve

[[Page 57735]]

SIP revisions that meet these requirements. See CAA sections 110(a), 
(k). EPA initially incorporated Rules 62-204.100, 62-204.200, 62-
204.220, 62-204.240, 62-204.260, and 62-204.400 into the SIP in 1999, 
as part of Florida's measures to attain and maintain the NAAQS. See 64 
FR 32346. The SIP revision at issue subsequently removes Rules 62-
204.100, 62-204.200, 62-204.220, 62-204.240, 62-204.260, and 62-
204.400. The State has determined that these rules are unnecessary for 
one or more of the following reasons: they do not contain any 
requirements; certain definitions are not required to be part of the 
Florida SIP or are redundant due to subsequent changes in the SIP; and 
certain requirements are covered elsewhere in another SIP-approved Rule 
or in the Code of Federal Regulations. EPA has determined that this 
revision meets all applicable requirements of the CAA. Therefore, EPA 
must approve the revision.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. EPA is finalizing 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, which is incorporated by reference in accordance with the 
requirements of 1 CFR part 51, and as discussed in Section I of this 
preamble. EPA has made and will continue to make the State 
Implementation Plan 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).

IV. Final Action

    EPA is approving 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 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.

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: July 9, 2024.
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(c), amend the table by removing the entries for 
``62-204.100,''

[[Page 57736]]

``62-204.200,'' ``62-204.220,'' ``62-204.240,'' ``62-204.260,'' and 
``62-204.400.''

[FR Doc. 2024-15416 Filed 7-15-24; 8:45 am]
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