[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20239-20242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8701]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0130-201111(a); FRL-9293-4]
Approval and Promulgation of Implementation Plans: Florida;
Prevention of Significant Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to convert a conditional
approval of provisions in the Florida State Implementation Plan (SIP)
to a full approval under the federal Clean Air Act (CAA or Act). On
June 17, 2009, the State of Florida, through the Florida Department of
Environmental Protection (FDEP), submitted a SIP revision in response
to the conditional approval of its New Source Review (NSR) permitting
program. The revision includes changes to certain parts of the
Prevention of Significant Deterioration (PSD) construction permit
program in Florida, including the definition of ``new emissions unit,''
``regulated air pollutant'' and ``significant emissions rate'' as well
as recordkeeping requirements. In addition, Florida provided a
clarification that the significant emissions rate for mercury in the
Florida regulations is intended to apply as a state-only provision. EPA
has determined that this revision addresses the conditions identified
in the conditional approval, and is therefore approvable. This action
is being taken pursuant to section 110 of the CAA.
DATES: This direct final rule is effective June 13, 2011 without
further notice, unless EPA receives adverse comment by May 12, 2011. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0130, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2006-0130, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Ms. Yolanda Adams, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0130.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S.
[[Page 20240]]
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, 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 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Florida
SIP, contact Twunjala Bradley, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Ms. Bradley may also be reached via
telephone or electronic mail at (404) 562-9352 and
[email protected]. For information regarding NSR, contact
Yolanda Adams, Air Permits Section, at the same address above. Ms.
Adams may also be reached via telephone or electronic mail at (404)
562-9214 and [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of
the Conditional Approval
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On February 3, 2006, FDEP submitted a revision to its PSD
regulations in response to the 2002 NSR Reform Rules for EPA approval
into the Florida SIP.\1\ The February 3, 2006, SIP revision included
changes to the Florida SIP, specifically in Florida Administrative Code
(F.A.C.) Rules, Chapters 62-204--Air Pollution Control--General
Provisions, 62-210--Stationary Sources--General Requirements, and 62-
212--Stationary Source--Preconstruction Review, which became state-
effective on February 2, 2006, and February 12, 2006. EPA proposed to
conditionally approve these PSD SIP rules under section 110 of the CAA
on April 4, 2008. See 73 FR 18466. In the April 4, 2008 rulemaking, EPA
determined that portions of Florida's February 3, 2006 SIP revision
were not consistent with the federal PSD regulations set forth at 40
CFR 51.166. Therefore, EPA proposed to conditionally approve Florida's
PSD program which established a commitment from FDEP to adopt the
necessary regulations for consistency with federal PSD provisions to
obtain full approval. EPA did not receive any comments on the proposal.
EPA finalized its conditional approval of F.A.C. Chapters 62-204, 62-
210, and 62-212, into the Florida SIP on June 27, 2008. See 73 FR
36435.
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\1\ On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and
nonattainment NSR programs. On November 7, 2003 (68 FR 63021), EPA
published a notice of final action on the reconsideration of the
December 31, 2002, final rule changes. The December 31, 2002, and
the November 7, 2003, final actions are collectively referred to as
the ``2002 NSR Reform Rules.''
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On June 17, 2009, FDEP submitted the revision to its SIP
incorporating the changes required by EPA as outlined in the
conditional approval. See 73 FR 18466. Specifically, the June 17, 2009,
SIP revision changes definitions in F.A.C Chapter 62-210.200 for ``new
emissions unit,'' ``regulated air pollutant,'' and ``significant
emissions rate'' as well as the recordkeeping requirements in F.A.C.
Chapter 62-212.300(3)(a)1. In addition, Florida provided a
clarification that the significant emissions rate for mercury in the
Florida regulations is considered a state-only provision and is not
intended to be incorporated into the Florida SIP. After consideration,
EPA concludes that the June 17, 2009, SIP revision satisfies the
conditions listed in EPA's June 27, 2008, conditional approval. Today,
EPA is converting the June 27, 2008, conditional approval to a full
approval.
II. EPA's Analysis of How Florida's Revisions Satisfy the Terms of the
Conditional Approval
In response to EPA`s June 27, 2008, conditional approval, Florida
made three changes to its PSD requirements. These changes were required
to ensure that Florida's PSD program is consistent with the federal PSD
regulations (at 40 CFR 51.166) to obtain full approval of the program.
First, Florida changed the definition of ``new emissions unit'' in
F.A.C. Chapter 62-210.200 to indicate that it is a unit `` * * * that
has existed for less than 2 years from the date such emissions unit
first operated.'' This definition is consistent with the federal
definition of ``New Emissions Unit'' found at 40 CFR 51.166(b)(7)(i).
Second, Florida changed the definitions of ``Regulated Air Pollutant''
and ``Significant Emissions Rate'' in F.A.C. Chapter 62-210.200 to
include ozone depleting substances. This change is consistent with the
federal definition of ``Significant'' in 40 CFR 51.166(b)(23). Third,
Florida changed its recordkeeping requirements in F.A.C. Chapter 62-
212.300(3)(a)1 to clarify that the applicant must provide a record of
the amount of emissions excluded pursuant to the projected actual
emissions requirements, an explanation as to why these emissions were
excluded, and any netting calculations if applicable. This change is
consistent with the federal recordkeeping requirements at 40 CFR
51.166(r)(6).
In addition, Florida provided a clarification that the significant
emissions rate for mercury is considered a state-only provision and is
not intended to be incorporated into the Florida SIP. EPA has
determined that this clarification satisfies the condition listed in
EPA's conditional approval.
III. Final Action
As explained above, FDEP submitted changes to the definition of
``new emissions unit,'' ``regulated air pollutant,'' and ``significant
emissions rate'' in F.A.C. Chapter 62-210.200 and the recordkeeping
requirements in F.A.C. Chapter 62-212.300(3)(a)1. In addition, FDEP
provided a clarification that the significant emissions rate for
mercury in the Florida regulations is intended to apply as a state-only
requirement only and is not intended to be incorporated into the
Florida SIP. FDEP has satisfied the conditions listed in EPA's
conditional approval. Therefore, EPA is taking direct final action to
convert its conditional approval of Florida's SIP revisions to a full
approval of Florida's PSD program.
As a result of Florida's June 17, 2009, SIP revision satisfying the
conditional approval requirements and EPA's conversion to a full
approval, the conditional approval language at Sec. 52.519 of 40 CFR
part 52, included in EPA's final conditional approval published June
27, 2008 (73 FR 36435), is no longer necessary. This action removes the
conditional approval language relating to Florida's PSD program from
the CFR to reflect that the program has been approved. EPA is
publishing this rulemaking to remove and reserve Sec. 52.519 of 40 CFR
part 52.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective June 13, 2011
without further notice unless the Agency receives adverse comments by
May 12, 2011.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments
[[Page 20241]]
received will then be addressed in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period. Parties
interested in commenting should do so at this time. If no such comments
are received, the public is advised that this rule will be effective on
June 13, 2011 and no further action will be taken on the proposed rule.
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 Act 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 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 Order
12866 (58 FR 51735, October 4, 1993);
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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 13, 2011. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Ozone, and Reporting and
recordkeeping requirements.
Dated: March 31, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. 52.519 [Removed and Reserved]
0
2. Section 52.519 is removed and reserved.
0
3. Section 52.520(c) is amended by revising entries ``62-210.200'' and
``62-212.300'' to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Florida Regulations
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State
State citation (Section) Title/subject effective date EPA approval date Explanation
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Chapter 62-210 Stationary Sources--General Requirements
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* * * * * * *
62-210.200................. Definitions.......... 6/29/09 4/12/11..............
[Insert citation of
publication].
* * * * * * *
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Chapter 62-212 Stationary Sources--Preconstruction Review
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* * * * * * *
62-212.300................. General 6/29/09 4/12/11..............
Preconstruction [Insert citation of
Review Requirements. publication].
[[Page 20242]]
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[FR Doc. 2011-8701 Filed 4-11-11; 8:45 am]
BILLING CODE 6560-50-P