[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Proposed Rules]
[Pages 61055-61057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0273; FRL-12121-01-R4]


Air Plan Approval; FL; Surface Coating of Miscellaneous Metal 
Parts and Products 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 October 12, 
2022. The State is requesting amendments to allow the option for 
aerospace parts and products coating operations in Florida to comply 
with the Federal National Emission Standards for Hazardous Air 
Pollutants (NESHAP) requirements in lieu of the volatile organic 
compound (VOC) standards in Florida's Surface Coating of Miscellaneous 
Metal Parts and Products (MMPP) rule (hereinafter referred to as FL 
MMPP Rule) in the Florida SIP. The State has provided information in 
its October 12, 2022, submission to support the amendments to the FL 
MMPP Rule in the Florida SIP pursuant to the Clean Air Act (CAA or 
Act). EPA is proposing to determine that the changes included in 
Florida's October 12, 2022, submission are consistent with the 
applicable provisions of the CAA.

DATES: Comments are due on or before August 29, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0273, 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: Simone Jarvis, 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. Jarvis can be 
reached via phone number (404) 562-8393 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The FL MMPP Rule--Rule 62-296.513, Surface Coating of Miscellaneous 
Metal Parts and Products--provides specific reasonably available 
control technology (RACT) requirements for sources in Broward, Duval, 
Hillsborough, Miami-Dade, Orange, Palm Beach, or Pinellas Counties that 
apply surface coatings to any number of metal parts and products, to 
limit their VOC emission rates, including surface coating at aerospace 
manufacturing operations.\1\ However, sources are exempt from 
regulation under this rule if they emit no more than 15 pounds in any 
one day and no more than three pounds in any one hour. The FL MMPP Rule 
was incorporated into the Florida SIP to address the RACT requirements 
for areas that were designated nonattainment for the 1979 1-hour ozone 
standard.\2\ EPA redesignated these areas to attainment in 1995.\3\
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    \1\ See Rule 62-296.500(3)(a).
    \2\ On November 6, 1991, EPA designated and classified the 
Miami-Fort Lauderdale-W. Palm Beach Area (i.e., Broward, Dade, and 
Palm Beach Counties) as moderate nonattainment for the 1979 1-hour 
ozone NAAQS; the Jacksonville Area (i.e., Duval County) as 
transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area 
(i.e., Hillsborough and Pinellas Counties) as marginal 
nonattainment; and Orange County as attainment. See 56 FR 56694. 
Among the requirements applicable to nonattainment areas for the 1-
hour ozone NAAQS was the requirement to amend the SIPs for areas to 
satisfy the requirements of Section 183 of the CAA.
    \3\ See 60 FR part 41 for the Jacksonville, FL (Duval County) 
redesignation. See 60 FR 10325 for the Miami-Fort Lauderdale-W. Palm 
Beach, FL (Miami-Dade, Broward, and Palm Beach Counties) 
redesignation. See 60 FR 62748 for the Tampa-St. Petersburg-
Clearwater, FL (Hillsborough and Pinellas Counties) redesignation.
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    In September 1995, EPA promulgated a NESHAP for Aerospace 
Manufacturing and Rework Facilities at 40 CFR part 63, subpart GG 
(Aerospace NESHAP). EPA subsequently amended the Aerospace NESHAP in 
1996, 1998, 2006, 2015, and 2016. In Florida's October 12, 2022, SIP 
revision, the State seeks to amend the FL MMPP Rule by exempting 
certain aerospace parts and products coating operations from this rule 
if such operations comply with requirements of the applicable 
provisions of the Aerospace NESHAP. Area sources \4\ of hazardous air 
pollutants (HAPs) previously subject to the FL MMPP Rule that elect to 
comply with specific provisions of the Aerospace NESHAP related to the 
``primer, topcoat, and specialty coating VOC control requirements'' 
would not be subject to the requirements of the FL MMPP Rule. Major 
sources of HAPs,\5\ which are required to comply with the NESHAP would 
also not be subject to the FL MMPP Rule.
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    \4\ Area source means any stationary source of hazardous air 
pollutants that is not a major source as defined in 40 CFR 63.2.
    \5\ Major source means any stationary source or group of 
stationary sources located within a contiguous area and under common 
control that emits or has the potential to emit considering 
controls, in the aggregate, 10 tons per year or more of any 
hazardous air pollutant or 25 tons per year or more of any 
combination of hazardous air pollutants defined in 40 CFR 63.2.
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    Some specialty coatings operations that use surface coatings with 
VOC contents allowed under the Aerospace NESHAP may be allowed to use 
coatings that have higher VOC contents, which FDEP states could 
contribute to de minimus increases in the potential to

[[Page 61056]]

emit VOCs at those facilities, but FDEP does not expect that actual VOC 
emissions will increase to any measurable extent. FDEP states that the 
cumulative VOC emissions increases potentially occurring at any 
existing facility subject to the FL MMPP Rule and proposed for 
exemption when complying with the Aerospace NESHAP would be well below 
levels that could, as precursors to ozone formation, significantly 
impact local or regional air quality. EPA is proposing to approve this 
revision to the Florida SIP for the reasons discussed in section II of 
this preamble.

II. EPA's Analysis of Florida's October 12, 2022, SIP Revision

    As noted above, the Aerospace NESHAP regulates VOC emissions from 
the aerospace industry. EPA evaluated the proposed revision under 
section 110(l) of the CAA. Section 110(l) specifies that EPA may not 
approve a SIP revision if it would interfere with any applicable 
requirement concerning attainment of any of the National Ambient Air 
Quality Standards (NAAQS) and reasonable further progress, or any other 
applicable requirements of the CAA.
    The State is seeking to revise the SIP to provide that aerospace 
parts and products coating operations classified as area sources of 
HAPs may, in lieu of complying with the VOC requirements of the FL MMPP 
Rule, instead comply with specified elements of EPA's Aerospace NESHAP, 
as adopted by reference in Rule 62-204.800.\6\ The changes would also 
exempt major sources of HAP emissions that are required to comply with 
the NESHAP from the FL MMPP Rule. Thus, area sources that are currently 
subject to the FL MMPP Rule, and instead opt to comply with the primer, 
topcoat, and specialty coating VOC control requirements in the NESHAP, 
as well as major sources of HAP emissions that are required to comply 
with the NESHAP, would no longer be subject to the requirements of the 
FL MMPP Rule. Applying the VOC control requirements of the Aerospace 
NESHAP to aerospace parts and products coating operations in Florida, 
in lieu of the FL MMPP rule, is not expected to result in emission 
increases that would interfere with attainment of the NAAQS.
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    \6\ Rule 62-204.800 adopts and incorporates by reference Federal 
rules cited throughout FDEP's air pollution rules.
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    On June 4, 2018,\7\ EPA designated all counties, except Duval 
County in Florida as attainment/unclassifiable for the 2015 ozone 
NAAQS. On November 21, 2019,\8\ EPA redesignated Duval County from 
unclassifiable to attainment/unclassifiable for the 2015 ozone NAAQS. 
With all counties in Florida attaining the 1997, 2008, and 2015 ozone 
NAAQS, as well as the 2006 and 2012 PM2.5 NAAQS, and 
anticipated to attain the 2024 PM2.5 NAAQS based on 
preliminary monitoring data,\9\ it is unlikely that any de minimis 
increases in the potential to emit VOCs from aerospace coatings 
operations facilities would impact any NAAQS.\10\
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    \7\ See 83 FR 25776.
    \8\ See 84 FR 64206.
    \9\ See Monitor Value Report. https://www.epa.gov/outdoor-air-quality-data/monitor-values-report. Please note, this report 
includes weighted annual means, not annual design values. 
Additionally, the values in this report have not yet been subject to 
the Teledyne data correction. Once released, corrected 2023 design 
values will be accessible on the EPA Air Quality Design Values web 
page: https://www.epa.gov/air-trends/air-quality-design-values.
    \10\ There are six NAAQS established to protect human health and 
the environment. These NAAQS are carbon monoxide (CO), lead, 
nitrogen dioxide (NO2), ozone, particulate matter (PM)--
including PM2.5 and PM10, and sulfur dioxide 
(SO2). EPA does not believe that there would be any 
changes in emissions of CO, lead, NO2, or SO2 
from this proposed change to the FL SIP.
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    Table 4-1 of the EPA Modeled Emissions Rates for Precursors (MERPs) 
guidance depicts the lowest, median, and highest illustrative MERP 
values (tons/year) of VOC emissions necessary to increase ozone by 1 
part per billion (ppb).\11\ Properly-supported MERPs provide a simple 
way to relate modeled downwind impacts with an air quality threshold 
that is used to determine if such an impact can cause or contribute to 
a violation of the appropriate NAAQS. These values are derived from 
photochemical modeling and indicate the precursor emissions levels 
required to result in the formation of pollutants, such as ozone. The 
lowest illustrative MERP value for VOC in the Southeast is 1,936 tons/
year, meaning 1,936 tons/year is the amount of VOC emissions increase 
needed to increase ambient ozone by 1 ppb.
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    \11\ See Guidance on the Development of the Modeled Emission 
Rates for Precursors (MERPs) as a Tier 1 Demonstration Tool for 
Ozone and PM2.5 under the PSD Permitting Program, Table 
4-1. https://www.epa.gov/nsr/guidance-development-modeled-emission-rates-precursors-merps-tier-1-demonstration-tool-ozone.
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    EPA further reviewed the National Emissions Inventory (NEI) data, 
excluding biogenic sources and focusing solely on anthropogenic 
impacts, to provide a better picture of VOC emissions from sources 
potentially impacted by this rule change. Within the NEI, there is an 
aerospace source category. State-wide VOC emissions from Aerospace 
Industrial Surface Coating & Solvent Use in Florida were 480 tons in 
2020, 338 tons in 2021, and 426 tons in 2022. Possible VOC increases 
associated with this proposed SIP revision would only be expected to 
potentially increase VOC emissions from this source category by a small 
fraction of the total VOC emissions from these facilities and, thus, 
would not approach the 1,936 tons/year level of VOC emissions, 
referenced above, that would be expected to impact the ozone NAAQS. 
EPA's NEI analysis is included in the docket for this proposed action.
    Additionally, the significance level for Prevention of Significant 
Deterioration (PSD) permitting is 40 tons/year of VOCs as a precursor 
for ozone. Any modification at a major source resulting in projected 
VOC emissions increases exceeding significance thresholds would be 
subject to PSD permitting for ozone,\12\ including an air quality 
analysis demonstrating that new or increased emissions will not cause 
or contribute to a violation of a NAAQS or PSD increment, long before 
any emissions from the modification could interfere with the NAAQS.
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    \12\ Under PSD rules, VOCs are presumed not to be a precursor to 
PM2.5 in any attainment or unclassifiable area (see the 
definition of ``regulated NSR pollutant'' at 40 CFR 
52.21(b)(50)(i)(b)(4)), and do not have a significance threshold as 
a precursor for PM2.5 (see 40 CFR 52.21(b)(23)(i)).
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    For the reasons discussed above, these proposed changes the 
proposed to the Florida SIP would not interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement.\13\ Therefore, EPA is proposing to 
approve the aforementioned changes to Rule 62-296.513 into the Florida 
SIP.
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    \13\ See CAA section 110(l).
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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. In 
accordance with requirements of 1 CFR 51.5, and as described in 
sections I and II of this preamble, EPA is proposing to incorporate by 
reference Florida Rule 62-296.513, F.A.C., Surface Coating of 
Miscellaneous Metal Parts and Products, State effective June 16, 2022. 
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).

[[Page 61057]]

IV. Proposed Action

    EPA is proposing to approve the October 12, 2022, Florida SIP 
revision consisting of amendments to Rule 62-296.513, F.A.C., Surface 
Coating of Miscellaneous Metal Parts and Products, in the Florida SIP. 
EPA has evaluated Florida's October 12, 2022, SIP revision, and has 
preliminarily determined that the changes to the FL MMPP Rule meet the 
applicable requirements of the CAA.

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 
proposed 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 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.''
    The Department 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 
proposed 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: July 23, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-16542 Filed 7-29-24; 8:45 am]
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