82_FR_30893 82 FR 30767 - Air Plan Approval; FL: Revisions to New Source Review, Definitions and Small Business Assistance Programs

82 FR 30767 - Air Plan Approval; FL: Revisions to New Source Review, Definitions and Small Business Assistance Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30767-30770
FR Document2017-13862

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the Florida State Implementation Plan (SIP) to update definitions and make administrative edits to regulations for the Plantwide Applicability Limits (PALs) and Florida's Small Business Assistance program (SBA). EPA is proposing to approve portions of a SIP revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP) on July 1, 2011, to update definitions and make administrative edits to PALs and the SBA. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30767-30770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13862]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0166; FRL-9964-35-Region 4]


Air Plan Approval; FL: Revisions to New Source Review, 
Definitions and Small Business Assistance Programs

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the Florida State Implementation 
Plan (SIP) to update definitions and make administrative edits to 
regulations for the Plantwide Applicability Limits (PALs) and Florida's 
Small Business Assistance program (SBA). EPA is proposing to approve 
portions of a SIP revision submitted by the State of Florida, through 
the Florida Department of Environmental Protection (FDEP) on July 1, 
2011, to update definitions and make administrative edits to PALs and 
the SBA. This action is being taken pursuant to the Clean Air Act (CAA 
or Act).

DATES: This direct final rule is effective September 1, 2017 without 
further notice, unless EPA receives adverse comment by August 2, 2017. 
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-2012-0166 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 
    D. Brad Akers, Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,

[[Page 30768]]

Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at 
(404) 562-9089 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    On July 1, 2011, FDEP submitted to EPA for approval a SIP revision 
that involves changes to Florida's regulations related to permitting 
and administrative procedures, among other changes. In this action, EPA 
is approving the portions of the Florida submission that make changes 
to definitions affecting the major New Source Review (NSR) program, 
changes to other miscellaneous definitions, and administrative changes 
to Florida's NSR PAL provisions and SBA program. Florida's NSR program, 
which applies to the construction and modification of any major 
stationary source in areas designated as attainment or unclassifiable 
as required by part C and part D of title I of the CAA, is modified 
with this direct final action at Rule 62-210.200, Florida 
Administrative Code (F.A.C.), ``Definitions,'' and 62-212.720, 
``Actuals Plantwide Applicability Limits (PALs).'' EPA is also 
approving miscellaneous changes to definitions. Finally, EPA is 
approving the portion of the July 1, 2011, submission that revises Rule 
62-210.220, ``Small Business Assistance Program,'' which provides for 
compliance assistance for qualifying small business stationary sources.
    Changes in the July 1, 2011, submission made to Rule 62-212.400, 
``Prevention of Significant Deterioration,'' were approved on June 15, 
2012 (77 FR 35862). The June 15, 2012, final rule also approved the NSR 
definition of ``major modification,'' at Rule 62-210.200(186) included 
in the July 1, 2011, SIP submission.
    At this time, the Agency is not acting on the following changes 
included in the July 1, 2011, submission at Rule 62-210.200, 
``Definitions'': (28), ``animal crematory,'' (41), ``biological 
waste,'' (42), ``biological waste incinerator,'' (44), ``biomedical 
waste,'' and (158), ``human crematory.'' EPA is also not acting on the 
changes made to rules in Chapter 62-296, ``Stationary Sources--Emission 
Standards,'' included in the July 1, 2011, submission. EPA will 
consider these remaining portions of the July 1, 2011, submission in a 
separate action.

II. Background

    This direct final action will update Florida's definitions and make 
changes to rules approved into the SIP. Changes made to definitions are 
related to basic definitions of criteria air pollutants and their 
precursors and minor edits to permitting and NSR terms. Definitions are 
also partly renumbered with the July 1, 2011, submission. The changes 
made to the regulations, other than definitions, are administrative in 
nature, including updating internal references.

III. Analysis of Florida's SIP Revision

A. Rule 62-210.200--Definitions

    Florida's July 1, 2011, SIP revision makes changes to definitions 
for criteria air pollutants and their precursors. Florida adds a 
definition at Rule 62-210.200(211) for ``nitrogen oxides'' to be 
consistent with EPA regulations, referencing test methods at 40 Code of 
Federal Regulations part 60 (40 CFR part 60). The July 1, 2011, SIP 
submittal revises the definition of ``PM10,'' or 
``particulate matter with an aerodynamic diameter less than or equal to 
a nominal 10 micrometers,'' at Rule 62-210.200(235), renumbered from 
(221), correcting a typographical error to reference EPA test methods 
at 40 CFR part 51, subpart M. Finally, the July 1, 2011, SIP revision 
changes the definition of ``Volatile Organic Compounds (VOC)'' at Rule 
62-210.200(326), renumbered from (306). This change for VOC 
incorporates the federal definition of VOC at 40 CFR 51.100(s) by 
reference rather than requiring the State to periodically incorporate 
individual changes to the federal definition. These changes to 
definitions became state effective on October 12, 2008.
    The July 1, 2011, SIP revision made changes to definitions related 
to NSR to correct typographical errors, to make internal references 
consistent, renumber definitions, and make minor administrative edits. 
Florida changed the definition of ``best available control 
technology,'' at Rule 62-210.200(40), by correcting a typographical 
error carried over from a previous revision. No substantive change was 
made to the SIP-approved definition, and the minor edits became state 
effective on October 12, 2008. The July 1, 2011, SIP revision also 
changed the definition of ``federally enforceable,'' at Rule 62-
210.200(136), renumbered from (124), to clarify citations to rules 
under which federally enforceable permits are issued or were 
historically issued. This change to ``federally enforceable'' became 
state effective on February 11, 1999. Florida also revised the 
definition of ``modification'' at Rule 62-210.200(199), renumbered from 
(183), to remove references to non-SIP related uses of the term. In 
addition to removing references to 40 CFR part 60 (New Source 
Performance Standards), 40 CFR part 61 (National Emission Standards for 
Hazardous Air Pollutants), and CAA section 112 (Hazardous Air 
Pollutants), a reference to 40 CFR part 52 (Approval and Promulgation 
of Implementation Plans) is removed from this definition. However, the 
remaining portion of the SIP-approved definition is nonetheless 
consistent with the definition as used under 40 CFR part 52. This 
change became state effective on February 11, 1999. The Florida 
submittal revises the definition of ``net emissions increase'' at Rule 
62-210.200(204), renumbered from (179) and state effective on October 
12, 2008, to correct typographical errors and to remove numbered 
citations to other definitions within Rule 62-210.200, adding explicit 
references for ``actual emissions'' and ``baseline actual emissions'' 
within the definition instead. No substantive changes are made to the 
definition of ``net emissions increase.'' Florida also modifies the 
definition of ``regulated air pollutant'' at Rule 62-210.200(255), 
renumbered from (237), to make an administrative edit that corrected 
``any volatile organic compound'' to ``volatile organic compounds'' to 
be consistent with EPA use of the collective term. This change to 
``regulated air pollutant'' became state effective on October 12, 2008. 
Finally, the July 1, 2011, submittal revises the definition of 
``significant impact'' at Rule 62-210.200(275), renumbered from (253) 
and state effective on November 13, 1997, to correct a typographical 
error. Florida's definition of ``significant impact'' largely 
corresponds with EPA's provisions for significant impact levels (SILs) 
for pollutants impacting nonattainment areas at 40 CFR 51.165(b)(2), 
but Florida includes a SIL for lead, which has never been included in 
the federal provision. With this SIP revision, Florida is removing SILs 
under lead for 1-hour periods and 8-hour periods, which were carried 
over in error from the carbon monoxide SIL, as well as an additional 
typographical error. No substantive change is made to the SIP-approved 
definition.
    EPA is approving these changes to definitions in the Florida SIP, 
which became state effective at the following dates as described above: 
November 13, 1997, February 11, 1999, and October 12, 2008. The 
renumbering of definitions, which is the final change to Rule 62-
210.200 included in the SIP revision, became state effective on March 
11, 2010.

B. Rule 62-210.220--Small Business Assistance Program

    The July 1, 2011, submittal makes changes to Florida's SBA program 
at Rule 62-210.220(2)(c) by updating

[[Page 30769]]

obsolete references to State rules and updating the reference to 
Chapter 28-106, F.A.C. The SBA program previously referenced Florida 
Chapter 62-103, ``Rules of Administrative Procedure,'' for sources 
responding to determinations or petitioning for determinations to be 
included in the SBA program. The State adopted new rules at Chapter 28-
106, ``Decisions Determining Substantial Interests,'' on April 1, 1997. 
The new Chapter repealed Rule 62-103 and made these types of 
administrative procedures standard across all Florida state agencies. 
The SIP revision is administrative in nature and became state effective 
on February 11, 1999. EPA is approving this change to make references 
to State rules consistent in the SIP.

C. Rule 62-212.720--Plantwide Applicability Limits

    The July 1, 2011, submittal revises the PAL provisions only to 
correct an error at Rule 62-212.720(1). The introductory paragraph 
affected previously referenced a non-existent definition at Rule 62-
210.200, and the reference was deleted. This revision is administrative 
in nature and became state effective on October 6, 2008. EPA is 
approving this change into the Florida SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Florida Rule 
62-210.200, F.A.C. entitled ``Definitions,'' effective March 11, 2010, 
to add definitions and make administrative updates, Rule 62-210.220, 
F.A.C., entitled ``Small Business Assistance Program,'' effective 
October 6, 2008, to correct internal references, and Rule 62-210.720, 
F.A.C., entitled ``Actuals Plantwide Applicability Limits (PALs),'' 
which corrects an error effective December 17, 2013.\1\ Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
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 by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
---------------------------------------------------------------------------

    \1\ The state effective date of the change to Rule 62-210.720, 
F.A.C. made in Florida's July 1, 2011, SIP revision is October 6, 
2008. However, for purposes of the state effective date included at 
40 CFR 52.520(c), that change to Florida's rule is captured and 
superseded by Florida's update in a December 19, 2013, SIP revision, 
state effective on December 17, 2013, which EPA previously approved 
on May 19, 2014. See 78 FR 28607.
    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the CFR and the CAA. Because these changes are 
administrative and insignificant in nature, they are in accordance with 
section 110(l) of the CAA because they will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable requirement of the CAA. 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 September 1, 2017 
without further notice unless the Agency receives adverse comments by 
August 2, 2017.
    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 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 September 1, 2017 and no 
further action will be taken on the proposed rule. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, the Agency may adopt as final those provisions of the rule 
that are not the subject of an adverse comment.

VI. 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. 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, these 
actions merely approve state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
     Are 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 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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

[[Page 30770]]

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 September 1, 2017. 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: June 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended 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. Section 52.520(c) is amended under Chapter 62-210 and 62-212 by 
revising entries for ``62-210.200,'' ``62-210.220,'' and ``62-212.720'' 
to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
    State citation (section)       Title/subject     effective   EPA approval date           Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-210.200.....................  Definitions......      3/11/10  7/3/2017 [Insert   ............................
                                                                  citation of
                                                                  publication].
62-210.220.....................  Small Business         10/6/08  7/3/2017 [Insert   ............................
                                  Assistance                      citation of
                                  Program.                        publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-212.720.....................  Actuals Plantwide     12/17/13  7/3/2017 [Insert   ............................
                                  Applicability                   citation of
                                  Limits (PALs).                  publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-13862 Filed 6-30-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                           30767

                                                               EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
                                                                                                                                    New Jersey submittal
                                                    SIP element            Applicable geographic or nonattainment area                                          EPA approval date        Explanation
                                                                                                                                           date

                                              Redesignation Re-            New Jersey portion of the New York-North-                December 26, 2012         September 4, 2013,
                                                quest.                       ern New Jersey-Long Island NY-NJ-CT                      and supplemented          78 FR 54396.
                                                                             and New Jersey portion of the Philadel-                  on May 3, 2013.
                                                                             phia-Wilmington PA-NJ-DE PM2.5 1997
                                                                            annual and 2006 24-hour PM2.5 nonattain-
                                                                            ment areas.
                                              PM2.5 Attainment             New Jersey portion of the New York-North-                December 26, 2012         September 4, 2013,
                                               Demonstration.                ern New Jersey-Long Island NY-NJ-CT                      and supplemented          78 FR 54396.
                                                                             and New Jersey portion of the Philadel-                  on May 3, 2013.
                                                                             phia-Wilmington PA-NJ-DE PM2.5 1997
                                                                            annual and 2006 24-hour PM2.5 nonattain-
                                                                            ment areas.
                                              2007 Annual Attain-          New Jersey portion of the New York-North-                December 26, 2012         September 4, 2013,
                                                ment Inventory for           ern New Jersey-Long Island NY-NJ-CT                      and supplemented          78 FR 54396.
                                                PM2.5 and the asso-          and New Jersey portion of the Philadel-                  on May 3, 2013.
                                                ciated PM2.5 precur-         phia-Wilmington PA-NJ-DE PM2.5 1997
                                                sors.                       annual and 2006 24-hour PM2.5 nonattain-
                                                                            ment areas.
                                              2017 (Interim) and           New Jersey portion of the New York-North-                December 26, 2012         September 4, 2013,
                                                2025 PM2.5 and               ern New Jersey-Long Island NY-NJ-CT                      and supplemented          78 FR 54396.
                                                NOX Annual Projec-           and New Jersey portion of the Philadel-                  on May 3, 2013.
                                                tion Inventories.            phia-Wilmington PA-NJ-DE PM2.5 1997
                                                                            annual and 2006 24-hour PM2.5 nonattain-
                                                                            ment areas.
                                              2009 and 2025 PM2.5          New Jersey portion of the New York-North-                December 26, 2012         September 4, 2013,
                                                and NOX Annual               ern New Jersey-Long Island NY-NJ-CT                      and supplemented          78 FR 54396.
                                                Emissions Motor              and New Jersey portion of the Philadel-                  on May 3, 2013.
                                                Vehicle Emission             phia-Wilmington PA-NJ-DE PM2.5 1997
                                                Budgets.                    annual and 2006 24-hour PM2.5 nonattain-
                                                                            ment areas.
                                              CO Limited Mainte-           New Jersey portion of the New York-North-                June 11, 2015 and         July 1, 2016, 81 FR
                                               nance Plan.                   ern New Jersey-Long Island CO nonattain-                 February 2016.            43096.
                                                                             ment area.
                                              2007 CO Attainment           New Jersey portion of the New York-North-                June 11, 2015 and         July 1, 2016, 81 FR
                                                inventory.                   ern New Jersey-Long Island CO nonattain-                 February 2016.            43096.
                                                                             ment area.



                                              § 52.1605   [Removed and Reserved]                       (PALs) and Florida’s Small Business                     to its public docket. Do not submit
                                              ■ 4. Section 52.1605 is removed and                      Assistance program (SBA). EPA is                        electronically any information you
                                              reserved.                                                proposing to approve portions of a SIP                  consider to be Confidential Business
                                                                                                       revision submitted by the State of                      Information (CBI) or other information
                                              [FR Doc. 2017–13657 Filed 6–30–17; 8:45 am]
                                                                                                       Florida, through the Florida Department                 whose disclosure is restricted by statute.
                                              BILLING CODE 6560–50–P
                                                                                                       of Environmental Protection (FDEP) on                   Multimedia submissions (audio, video,
                                                                                                       July 1, 2011, to update definitions and                 etc.) must be accompanied by a written
                                                                                                       make administrative edits to PALs and                   comment. The written comment is
                                              ENVIRONMENTAL PROTECTION
                                                                                                       the SBA. This action is being taken                     considered the official comment and
                                              AGENCY
                                                                                                       pursuant to the Clean Air Act (CAA or                   should include discussion of all points
                                              40 CFR Part 52                                           Act).                                                   you wish to make. EPA will generally
                                                                                                                                                               not consider comments or comment
                                              [EPA–R04–OAR–2012–0166; FRL–9964–35–                     DATES: This direct final rule is effective
                                                                                                                                                               contents located outside of the primary
                                              Region 4]                                                September 1, 2017 without further
                                                                                                                                                               submission (i.e. on the Web, cloud, or
                                                                                                       notice, unless EPA receives adverse
                                                                                                                                                               other file sharing system). For
                                              Air Plan Approval; FL: Revisions to                      comment by August 2, 2017. If EPA
                                                                                                                                                               additional submission methods, the full
                                              New Source Review, Definitions and                       receives such comments, it will publish
                                                                                                                                                               EPA public comment policy,
                                              Small Business Assistance Programs                       a timely withdrawal of the direct final
                                                                                                                                                               information about CBI or multimedia
                                                                                                       rule in the Federal Register and inform
                                              AGENCY: Environmental Protection                                                                                 submissions, and general guidance on
                                                                                                       the public that the rule will not take
                                              Agency.                                                                                                          making effective comments, please visit
                                                                                                       effect.
                                              ACTION: Direct final rule.                                                                                       http://www2.epa.gov/dockets/
                                                                                                       ADDRESSES:  Submit your comments,                       commenting-epa-dockets.
sradovich on DSK3GMQ082PROD with RULES




                                              SUMMARY:   The Environmental Protection                  identified by Docket ID No. EPA–R04–                    FOR FURTHER INFORMATION CONTACT:
                                              Agency (EPA) is taking direct final                      OAR–2012–0166 at http://                                  D. Brad Akers, Air Regulatory
                                              action to approve changes to the Florida                 www.regulations.gov. Follow the online                  Management Section, Air Planning and
                                              State Implementation Plan (SIP) to                       instructions for submitting comments.                   Implementation Branch, Air, Pesticides
                                              update definitions and make                              Once submitted, comments cannot be                      and Toxics Management Division, U.S.
                                              administrative edits to regulations for                  edited or removed from Regulations.gov.                 Environmental Protection Agency,
                                              the Plantwide Applicability Limits                       EPA may publish any comment received                    Region 4, 61 Forsyth Street SW.,


                                         VerDate Sep<11>2014    17:08 Jun 30, 2017   Jkt 241001   PO 00000   Frm 00047   Fmt 4700    Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                              30768                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

                                              Atlanta, Georgia 30303–8960. Mr. Akers                  their precursors and minor edits to                    (National Emission Standards for
                                              can be reached via telephone at (404)                   permitting and NSR terms. Definitions                  Hazardous Air Pollutants), and CAA
                                              562–9089 or via electronic mail at                      are also partly renumbered with the July               section 112 (Hazardous Air Pollutants),
                                              akers.brad@epa.gov.                                     1, 2011, submission. The changes made                  a reference to 40 CFR part 52 (Approval
                                              SUPPLEMENTARY INFORMATION:                              to the regulations, other than                         and Promulgation of Implementation
                                                                                                      definitions, are administrative in nature,             Plans) is removed from this definition.
                                              I. What action is EPA taking?                           including updating internal references.                However, the remaining portion of the
                                                 On July 1, 2011, FDEP submitted to                                                                          SIP-approved definition is nonetheless
                                              EPA for approval a SIP revision that                    III. Analysis of Florida’s SIP Revision                consistent with the definition as used
                                              involves changes to Florida’s                           A. Rule 62–210.200—Definitions                         under 40 CFR part 52. This change
                                              regulations related to permitting and                      Florida’s July 1, 2011, SIP revision                became state effective on February 11,
                                              administrative procedures, among other                  makes changes to definitions for criteria              1999. The Florida submittal revises the
                                              changes. In this action, EPA is                         air pollutants and their precursors.                   definition of ‘‘net emissions increase’’ at
                                              approving the portions of the Florida                   Florida adds a definition at Rule 62–                  Rule 62–210.200(204), renumbered from
                                              submission that make changes to                                                                                (179) and state effective on October 12,
                                                                                                      210.200(211) for ‘‘nitrogen oxides’’ to be
                                              definitions affecting the major New                                                                            2008, to correct typographical errors and
                                                                                                      consistent with EPA regulations,
                                              Source Review (NSR) program, changes                                                                           to remove numbered citations to other
                                                                                                      referencing test methods at 40 Code of
                                              to other miscellaneous definitions, and                                                                        definitions within Rule 62–210.200,
                                                                                                      Federal Regulations part 60 (40 CFR part
                                              administrative changes to Florida’s NSR                                                                        adding explicit references for ‘‘actual
                                                                                                      60). The July 1, 2011, SIP submittal
                                              PAL provisions and SBA program.                                                                                emissions’’ and ‘‘baseline actual
                                                                                                      revises the definition of ‘‘PM10,’’ or
                                              Florida’s NSR program, which applies                                                                           emissions’’ within the definition
                                                                                                      ‘‘particulate matter with an
                                              to the construction and modification of                                                                        instead. No substantive changes are
                                                                                                      aerodynamic diameter less than or equal
                                              any major stationary source in areas                                                                           made to the definition of ‘‘net emissions
                                                                                                      to a nominal 10 micrometers,’’ at Rule
                                              designated as attainment or                                                                                    increase.’’ Florida also modifies the
                                              unclassifiable as required by part C and                62–210.200(235), renumbered from
                                                                                                                                                             definition of ‘‘regulated air pollutant’’ at
                                              part D of title I of the CAA, is modified               (221), correcting a typographical error to
                                                                                                                                                             Rule 62–210.200(255), renumbered from
                                              with this direct final action at Rule 62–               reference EPA test methods at 40 CFR
                                                                                                                                                             (237), to make an administrative edit
                                              210.200, Florida Administrative Code                    part 51, subpart M. Finally, the July 1,               that corrected ‘‘any volatile organic
                                              (F.A.C.), ‘‘Definitions,’’ and 62–212.720,              2011, SIP revision changes the                         compound’’ to ‘‘volatile organic
                                              ‘‘Actuals Plantwide Applicability Limits                definition of ‘‘Volatile Organic                       compounds’’ to be consistent with EPA
                                              (PALs).’’ EPA is also approving                         Compounds (VOC)’’ at Rule 62–                          use of the collective term. This change
                                              miscellaneous changes to definitions.                   210.200(326), renumbered from (306).                   to ‘‘regulated air pollutant’’ became state
                                              Finally, EPA is approving the portion of                This change for VOC incorporates the                   effective on October 12, 2008. Finally,
                                              the July 1, 2011, submission that revises               federal definition of VOC at 40 CFR                    the July 1, 2011, submittal revises the
                                              Rule 62–210.220, ‘‘Small Business                       51.100(s) by reference rather than                     definition of ‘‘significant impact’’ at
                                              Assistance Program,’’ which provides                    requiring the State to periodically                    Rule 62–210.200(275), renumbered from
                                              for compliance assistance for qualifying                incorporate individual changes to the                  (253) and state effective on November
                                              small business stationary sources.                      federal definition. These changes to                   13, 1997, to correct a typographical
                                                 Changes in the July 1, 2011,                         definitions became state effective on                  error. Florida’s definition of ‘‘significant
                                              submission made to Rule 62–212.400,                     October 12, 2008.                                      impact’’ largely corresponds with EPA’s
                                              ‘‘Prevention of Significant                                The July 1, 2011, SIP revision made                 provisions for significant impact levels
                                              Deterioration,’’ were approved on June                  changes to definitions related to NSR to               (SILs) for pollutants impacting
                                              15, 2012 (77 FR 35862). The June 15,                    correct typographical errors, to make                  nonattainment areas at 40 CFR
                                              2012, final rule also approved the NSR                  internal references consistent, renumber               51.165(b)(2), but Florida includes a SIL
                                              definition of ‘‘major modification,’’ at                definitions, and make minor                            for lead, which has never been included
                                              Rule 62–210.200(186) included in the                    administrative edits. Florida changed                  in the federal provision. With this SIP
                                              July 1, 2011, SIP submission.                           the definition of ‘‘best available control             revision, Florida is removing SILs under
                                                 At this time, the Agency is not acting               technology,’’ at Rule 62–210.200(40), by               lead for 1-hour periods and 8-hour
                                              on the following changes included in                    correcting a typographical error carried               periods, which were carried over in
                                              the July 1, 2011, submission at Rule 62–                over from a previous revision. No                      error from the carbon monoxide SIL, as
                                              210.200, ‘‘Definitions’’: (28), ‘‘animal                substantive change was made to the SIP-                well as an additional typographical
                                              crematory,’’ (41), ‘‘biological waste,’’                approved definition, and the minor                     error. No substantive change is made to
                                              (42), ‘‘biological waste incinerator,’’                 edits became state effective on October                the SIP-approved definition.
                                              (44), ‘‘biomedical waste,’’ and (158),                  12, 2008. The July 1, 2011, SIP revision                  EPA is approving these changes to
                                              ‘‘human crematory.’’ EPA is also not                    also changed the definition of ‘‘federally             definitions in the Florida SIP, which
                                              acting on the changes made to rules in                  enforceable,’’ at Rule 62–210.200(136),                became state effective at the following
                                              Chapter 62–296, ‘‘Stationary Sources—                   renumbered from (124), to clarify                      dates as described above: November 13,
                                              Emission Standards,’’ included in the                   citations to rules under which federally               1997, February 11, 1999, and October
                                              July 1, 2011, submission. EPA will                      enforceable permits are issued or were                 12, 2008. The renumbering of
                                              consider these remaining portions of the                historically issued. This change to                    definitions, which is the final change to
                                              July 1, 2011, submission in a separate                  ‘‘federally enforceable’’ became state                 Rule 62–210.200 included in the SIP
                                              action.                                                 effective on February 11, 1999. Florida                revision, became state effective on
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                                                                                                      also revised the definition of                         March 11, 2010.
                                              II. Background                                          ‘‘modification’’ at Rule 62–210.200(199),
                                                 This direct final action will update                 renumbered from (183), to remove                       B. Rule 62–210.220—Small Business
                                              Florida’s definitions and make changes                  references to non-SIP related uses of the              Assistance Program
                                              to rules approved into the SIP. Changes                 term. In addition to removing references                 The July 1, 2011, submittal makes
                                              made to definitions are related to basic                to 40 CFR part 60 (New Source                          changes to Florida’s SBA program at
                                              definitions of criteria air pollutants and              Performance Standards), 40 CFR part 61                 Rule 62–210.220(2)(c) by updating


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                                                                    Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                        30769

                                              obsolete references to State rules and                   Director of the Federal Register in the               Thus, in reviewing SIP submissions,
                                              updating the reference to Chapter 28–                    next update to the SIP compilation.2                  EPA’s role is to approve state choices,
                                              106, F.A.C. The SBA program                              EPA has made, and will continue to                    provided that they meet the criteria of
                                              previously referenced Florida Chapter                    make, these materials generally                       the CAA. Accordingly, these actions
                                              62–103, ‘‘Rules of Administrative                        available through www.regulations.gov                 merely approve state law as meeting
                                              Procedure,’’ for sources responding to                   and/or at the EPA Region 4 Office                     federal requirements and does not
                                              determinations or petitioning for                        (please contact the person identified in              impose additional requirements beyond
                                              determinations to be included in the                     the FOR FURTHER INFORMATION CONTACT                   those imposed by state law. For that
                                              SBA program. The State adopted new                       section of this preamble for more                     reason, these actions:
                                              rules at Chapter 28–106, ‘‘Decisions                     information).                                            • Are not a significant regulatory
                                              Determining Substantial Interests,’’ on                                                                        action subject to review by the Office of
                                                                                                       V. Final Action
                                              April 1, 1997. The new Chapter                                                                                 Management and Budget under
                                              repealed Rule 62–103 and made these                         EPA is approving the aforementioned                Executive Orders 12866 (58 FR 51735,
                                              types of administrative procedures                       changes to the SIP because they are                   October 4, 1993) and 13563 (76 FR 3821,
                                              standard across all Florida state                        consistent with the CFR and the CAA.                  January 21, 2011);
                                              agencies. The SIP revision is                            Because these changes are                                • do not impose an information
                                              administrative in nature and became                      administrative and insignificant in                   collection burden under the provisions
                                              state effective on February 11, 1999.                    nature, they are in accordance with                   of the Paperwork Reduction Act (44
                                              EPA is approving this change to make                     section 110(l) of the CAA because they                U.S.C. 3501 et seq.);
                                              references to State rules consistent in                  will not interfere with any applicable                   • are certified as not having a
                                              the SIP.                                                 requirement concerning attainment and                 significant economic impact on a
                                                                                                       reasonable further progress, or any other             substantial number of small entities
                                              C. Rule 62–212.720—Plantwide                             applicable requirement of the CAA. EPA                under the Regulatory Flexibility Act (5
                                              Applicability Limits                                     is publishing this rule without prior                 U.S.C. 601 et seq.);
                                                 The July 1, 2011, submittal revises the               proposal because the Agency views this                   • do not contain any unfunded
                                              PAL provisions only to correct an error                  as a noncontroversial submittal and                   mandate or significantly or uniquely
                                              at Rule 62–212.720(1). The introductory                  anticipates no adverse comments.                      affect small governments, as described
                                              paragraph affected previously                            However, in the proposed rules section                in the Unfunded Mandates Reform Act
                                              referenced a non-existent definition at                  of this Federal Register publication,                 of 1995 (Pub. L. 104–4);
                                              Rule 62–210.200, and the reference was                   EPA is publishing a separate document                    • do not have Federalism
                                              deleted. This revision is administrative                 that will serve as the proposal to                    implications as specified in Executive
                                              in nature and became state effective on                  approve the SIP revision should adverse               Order 13132 (64 FR 43255, August 10,
                                              October 6, 2008. EPA is approving this                   comments be filed. This rule will be                  1999);
                                              change into the Florida SIP.                             effective September 1, 2017 without                      • are not an economically significant
                                                                                                       further notice unless the Agency                      regulatory action based on health or
                                              IV. Incorporation by Reference
                                                                                                       receives adverse comments by August 2,                safety risks subject to Executive Order
                                                In this rule, EPA is finalizing                        2017.                                                 13045 (62 FR 19885, April 23, 1997);
                                              regulatory text that includes                               If EPA receives such comments, then                   • are not a significant regulatory
                                              incorporation by reference. In                           EPA will publish a document                           action subject to Executive Order 13211
                                              accordance with requirements of 1 CFR                    withdrawing the final rule and                        (66 FR 28355, May 22, 2001);
                                              51.5, EPA is finalizing the incorporation                informing the public that the rule will                  • are not subject to requirements of
                                              by reference of Florida Rule 62–210.200,                 not take effect. All public comments                  Section 12(d) of the National
                                              F.A.C. entitled ‘‘Definitions,’’ effective               received will then be addressed in a                  Technology Transfer and Advancement
                                              March 11, 2010, to add definitions and                   subsequent final rule based on the                    Act of 1995 (15 U.S.C. 272 note) because
                                              make administrative updates, Rule 62–                    proposed rule. EPA will not institute a               application of those requirements would
                                              210.220, F.A.C., entitled ‘‘Small                        second comment period. Parties                        be inconsistent with the CAA; and
                                              Business Assistance Program,’’ effective                 interested in commenting should do so                    • do not provide EPA with the
                                              October 6, 2008, to correct internal                     at this time. If no such comments are                 discretionary authority to address, as
                                              references, and Rule 62–210.720, F.A.C.,                 received, the public is advised that this             appropriate, disproportionate human
                                              entitled ‘‘Actuals Plantwide                             rule will be effective on September 1,                health or environmental effects, using
                                              Applicability Limits (PALs),’’ which                     2017 and no further action will be taken              practicable and legally permissible
                                              corrects an error effective December 17,                 on the proposed rule. Please note that if             methods, under Executive Order 12898
                                              2013.1 Therefore, these materials have                   EPA receives adverse comment on an                    (59 FR 7629, February 16, 1994).
                                              been approved by EPA for inclusion in                    amendment, paragraph, or section of                      The SIP is not approved to apply on
                                              the SIP, have been incorporated by                       this rule and if that provision may be                any Indian reservation land or in any
                                              reference by EPA into that plan, are                     severed from the remainder of the rule,               other area where EPA or an Indian tribe
                                              fully federally enforceable under                        the Agency may adopt as final those                   has demonstrated that a tribe has
                                              sections 110 and 113 of the CAA as of                    provisions of the rule that are not the               jurisdiction. In those areas of Indian
                                              the effective date of the final rulemaking               subject of an adverse comment.                        country, the rule does not have tribal
                                              of EPA’s approval, and will be                                                                                 implications as specified by Executive
                                              incorporated by reference by the                         VI. Statutory and Executive Order                     Order 13175 (65 FR 67249, November 9,
                                                                                                       Reviews                                               2000), nor will it impose substantial
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                                                1 The state effective date of the change to Rule 62–
                                                                                                         Under the CAA, the Administrator is                 direct costs on tribal governments or
                                              210.720, F.A.C. made in Florida’s July 1, 2011, SIP
                                              revision is October 6, 2008. However, for purposes       required to approve a SIP submission                  preempt tribal law.
                                              of the state effective date included at 40 CFR           that complies with the provisions of the                 The Congressional Review Act, 5
                                              52.520(c), that change to Florida’s rule is captured     Act and applicable federal regulations.               U.S.C. 801 et seq., as added by the Small
                                              and superseded by Florida’s update in a December                                                               Business Regulatory Enforcement
                                              19, 2013, SIP revision, state effective on December
                                                                                                       See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              17, 2013, which EPA previously approved on May                                                                 Fairness Act of 1996, generally provides
                                              19, 2014. See 78 FR 28607.                                2 62   FR 27968 (May 22, 1997).                      that before a rule may take effect, the


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                                              30770                    Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

                                              agency promulgating the rule must                                 for judicial review may be filed, and                             Dated: June 15, 2017.
                                              submit a rule report, which includes a                            shall not postpone the effectiveness of                         V. Anne Heard,
                                              copy of the rule, to each House of the                            such rule or action. Parties with                               Acting Regional Administrator, Region 4.
                                              Congress and to the Comptroller General                           objections to this direct final rule are
                                              of the United States. EPA will submit a                           encouraged to file a comment in                                     40 CFR part 52 is amended as follows:
                                              report containing this action and other                           response to the parallel notice of
                                              required information to the U.S. Senate,                          proposed rulemaking for this action                             PART 52—APPROVAL AND
                                              the U.S. House of Representatives, and                            published in the proposed rules section                         PROMULGATION OF
                                              the Comptroller General of the United                             of today’s Federal Register, rather than                        IMPLEMENTATION PLANS
                                              States prior to publication of the rule in                        file an immediate petition for judicial
                                              the Federal Register. A major rule                                review of this direct final rule, so that                       ■ 1. The authority citation for part 52
                                              cannot take effect until 60 days after it                         EPA can withdraw this direct final rule                         continues to read as follows:
                                              is published in the Federal Register.                             and address the comment in the
                                                                                                                                                                                    Authority: 42 U.S.C. 7401 et seq.
                                              This action is not a ‘‘major rule’’ as                            proposed rulemaking. This action may
                                              defined by 5 U.S.C. 804(2).                                       not be challenged later in proceedings to                       Subpart K—Florida
                                                 Under section 307(b)(1) of the CAA,                            enforce its requirements. See section
                                              petitions for judicial review of this                             307(b)(2).
                                              action must be filed in the United States                                                                                         ■ 2. Section 52.520(c) is amended under
                                              Court of Appeals for the appropriate                              List of Subjects in 40 CFR Part 52                              Chapter 62–210 and 62–212 by revising
                                              circuit by September 1, 2017. Filing a                              Environmental protection, Air                                 entries for ‘‘62–210.200,’’ ‘‘62–210.220,’’
                                              petition for reconsideration by the                               pollution control, Carbon monoxide,                             and ‘‘62–212.720’’ to read as follows:
                                              Administrator of this final rule does not                         Incorporation by reference, Lead,                               § 52.520    Identification of plan.
                                              affect the finality of this action for the                        Nitrogen dioxide, Ozone, Particulate
                                              purposes of judicial review nor does it                           matter, Sulfur oxides, Volatile organic                         *       *    *       *     *
                                              extend the time within which a petition                           compounds.                                                          (c) * * *
                                                                                                                EPA-APPROVED FLORIDA REGULATIONS
                                                                                                                                                      State
                                                     State citation (section)                                Title/subject                           effective               EPA approval date                 Explanation
                                                                                                                                                       date


                                                          *                           *                            *                             *                       *                       *                      *

                                                                                                   Chapter 62–210             Stationary Sources—General Requirements


                                                      *                              *                          *                                *                       *                     *                        *
                                              62–210.200 ..................................   Definitions ....................................          3/11/10    7/3/2017 [Insert citation of publi-
                                                                                                                                                                     cation].
                                              62–210.220 ..................................   Small Business Assistance Pro-                            10/6/08    7/3/2017 [Insert citation of publi-
                                                                                               gram.                                                                 cation].

                                                          *                           *                            *                             *                       *                       *                      *

                                                                                                  Chapter 62–212             Stationary Sources—Preconstruction Review


                                                      *                              *                      *                                    *                       *                     *                        *
                                              62–212.720 ..................................   Actuals Plantwide              Applicability             12/17/13    7/3/2017 [Insert citation of publi-
                                                                                                Limits (PALs).                                                       cation].

                                                          *                           *                            *                             *                       *                       *                      *



                                              *       *       *        *       *                                ENVIRONMENTAL PROTECTION                                        ACTION:    Final rule.
                                              [FR Doc. 2017–13862 Filed 6–30–17; 8:45 am]                       AGENCY
                                                                                                                                                                                SUMMARY:   The Environmental Protection
                                              BILLING CODE 6560–50–P
                                                                                                                40 CFR Part 52                                                  Agency (EPA) is finalizing action on
                                                                                                                                                                                four permitting rules submitted as a
                                                                                                                [EPA–R09–OAR–2016–0726; FRL–9960–08–                            revision to the Mendocino County Air
                                                                                                                Region 9]                                                       Quality Management District
                                                                                                                Approval and Limited Approval and                               (‘‘MCAQMD’’ or ‘‘the District’’) portion
                                                                                                                Limited Disapproval of Air Quality                              of the applicable state implementation
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                                                                                                                Implementation Plans; California;                               plan (SIP) for the State of California
                                                                                                                Mendocino County Air Quality                                    pursuant to requirements under the
                                                                                                                                                                                Clean Air Act (CAA or Act). We are
                                                                                                                Management District; Stationary
                                                                                                                                                                                finalizing a limited approval and
                                                                                                                Source Permits
                                                                                                                                                                                limited disapproval of one rule and
                                                                                                                AGENCY: Environmental Protection                                finalizing approval of the remaining
                                                                                                                Agency (EPA).                                                   three permitting rules. The amended


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Document Created: 2018-11-14 10:19:22
Document Modified: 2018-11-14 10:19:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective September 1, 2017 without further notice, unless EPA receives adverse comment by August 2, 2017. 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.
ContactD. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]
FR Citation82 FR 30767 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds

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