82 FR 37379 - Air Plan Approval; Florida; Permitting Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 153 (August 10, 2017)

The Environmental Protection Agency (EPA) is proposing to approve portions of five State Implementation Plan (SIP) revisions submitted by the State of Florida, Department of Environmental Protection (FDEP), through the Florida Division of Air Resource Management, on June 23, 1999, July 1, 2011, December 12, 2011, February 27, 2013, and February 1, 2017. Florida's SIP revisions recodify, clarify, and reorganize the State's non-title V air permitting and compliance assurance program regulations consistent with flexibility provided under the Clean Air Act (CAA or Act) and EPA's rules which address new source preconstruction permitting. EPA is proposing to approve Florida's SIP revisions on the basis that they are consistent with the CAA and EPA's requirements for permitting air emission sources.

[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Pages 37379-37384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16815]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-9965-98-Region 4]


Air Plan Approval; Florida; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of five State Implementation Plan (SIP) revisions 
submitted by the State of Florida, Department of Environmental 
Protection (FDEP), through the Florida Division of Air Resource 
Management, on June 23, 1999, July 1, 2011, December 12, 2011, February 
27, 2013, and February 1, 2017. Florida's SIP revisions recodify, 
clarify, and reorganize the State's non-title V air permitting and 
compliance assurance program regulations consistent with flexibility 
provided under the Clean Air Act (CAA or Act) and EPA's rules which 
address new source preconstruction permitting. EPA is proposing to 
approve Florida's SIP revisions on the basis that they are consistent 
with the CAA and EPA's requirements for permitting air emission 
sources.

DATES: Comments must be received on or before September 11, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0105 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: Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDEP submitted to EPA for adoption into the Florida SIP five 
revisions, three of which were submitted on June 23, 1999, July 1, 
2011, and February 27, 2013, as part of the State's efforts to clarify 
and streamline Florida's non-title V air permitting and compliance 
assurance program and to address EPA's minor source preconstruction 
requirements under 40 CFR 51.160-51.164.\1\ In addition, on December 
12, 2011, FDEP submitted a SIP revision to add a definition of ``North 
American Industry Classification System,'' or ``NAICS,'' to the Florida 
SIP.\2\ On February 1, 2017, FDEP submitted a SIP revision to address 
requirements for emissions monitoring at stationary sources. The 1999 
SIP submission includes amendments to 16 rule sections in the Florida 
Administrative Code (F.A.C.) that were adopted by the State between 
1997 and 1999 to clarify and streamline FDEP's permitting

[[Page 37380]]

process. The 2011 SIP submission includes clarifying and corrective 
amendments to 11 F.A.C. rule sections affecting FDEP's permitting 
regulations that were adopted by the State between 1997 and 2010. In 
its 2013 SIP submission, FDEP updates the 1999 and 2011 SIP submissions 
by either resubmitting or withdrawing 12 of the 16 F.A.C. rule sections 
originally included in those submittals, and providing updated versions 
of the remaining four rule sections for incorporation into the Florida 
SIP. In this action, EPA is proposing to act on the relevant 
regulations from these five SIP submissions as summarized in section 
III.
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    \1\ The June 23, 1999, July 1, 2011, February 27, 2013, and 
February 1, 2017, Florida SIP submissions are also referred to as 
the ``1999 SIP submission,'' ``2011 SIP submission,'' ``2013 SIP 
submission,'' and the ``2017 SIP submission,'' respectively, in this 
action.
    \2\ The December 12, 2011, Florida SIP submission is also 
referred to as the ``NAICS SIP submission'' in this action.
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II. Overview of Florida's Rule Revisions

A. June 23, 1999, SIP Revision

    In Florida's June 23, 1999, SIP revision, FDEP submitted multiple 
amendments to four F.A.C. rule chapters--Chapters 62-210, 62-212, 62-
296, and 62-297--as part of the State's work to clarify and streamline 
Florida's non-title V air permitting and compliance assurance program. 
The amendments to these four F.A.C. rule chapters affecting 16 rule 
sections were adopted by Florida between 1997 and 1999. FDEP requested 
adoption of the following 16 F.A.C. rule sections: 62-210.200, 62-
210.220,\3\ 62-210.300, 62-210.350,\4\ 62-210.360, 62-212.400, 62-
296.401,\5\ 62-296.405, 62-296.406, 62-296.414, 62-296.570, 62-297.310, 
62-297.401, 62-297.440, 62-297.450, 62-297.520.\6\
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    \3\ EPA is considering action separately on the 62-210.220, 
F.A.C., ``Small Business Assistance Program,'' provision.
    \4\ In its February 27, 2013, submission, Florida withdrew the 
proposed changes to 62-210.300, F.A.C. and 62-210.350, F.A.C. 
included in the June 23, 1999, submission.
    \5\ In a supplemental letter dated June 28, 2017, Florida 
withdrew Rule 62-296.401, F.A.C., state effective November 13, 1997, 
and January 10, 2007, for proposed adoption into the Florida SIP, 
including its resubmissions of Florida's July 1, 2011, and February 
27, 2013, submissions.
    \6\ FDEP included two additional rules in its 1999 SIP 
submittal, 62-296.417 and 62-210.920, F.A.C., for state adoption 
only.
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B. July 1, 2011, SIP Revision

    In Florida's July 1, 2011, SIP revision, the State submitted 
amendments to 11 F.A.C. rule sections. Specifically, the State proposed 
to clarify, update, and revise certain requests from its June 23, 1999, 
SIP revision. The State also provided corrective and clarifying 
amendments to FDEP's new source review (NSR) permitting and stationary 
source control strategy programs, as well as to other miscellaneous 
provisions. Specifically, FDEP requested adoption of amendments to 
F.A.C. rule sections: 62-210.200,\7\ 62-210.220, 62-212.400,\8\ 62-
212.720,\9\ 62-296.100, 62-296.401,\10\ 62-296.412, 62-296.414, 62-
296.418, 62-296.500, and 62-296.508. Of these 11 rule sections, FDEP 
resubmitted four F.A.C. rule sections (62-210.200, 62-210.220, 62-
296.401, and 62-296.414) from its June 23, 1999, submission, and 
requested amendments for three of the four rule sections \11\ into the 
Florida SIP.
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    \7\ In a supplemental letter dated June 28, 2017, Florida 
withdrew five definitions from Rule 62-210.200, F.A.C., for proposed 
adoption into the Florida SIP.
    \8\ EPA approved revisions to Rule 62-212.400, ``Prevention of 
Significant Deterioration,'' contained in the July 1, 2011, 
submission into Florida's SIP on June 15, 2012 (77 FR 35862) and 
thus, EPA is not acting on this regulation in this action.
    \9\ EPA is acting on revisions to Rule 62-212.720, ``Actuals 
Plantwide Applicability Limits (PALs),'' in a separate action.
    \10\ In a supplemental letter dated June 28, 2017, Florida 
withdrew its request for EPA to approve into the State's SIP Rule 
62-296.401, F.A.C., as provided in its July 1, 2011, submission.
    \11\ Rules 62-210.200, 62-296.401, and 62-296.414, F.A.C., were 
the three Florida rule sections resubmitted with subsequent 
amendments.
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    Also in this revision, FDEP withdrew its request for EPA to approve 
amendments to six F.A.C. rule sections submitted in its June 23, 1999, 
SIP revision: 62-210.360, 62-212.400, 62-296.570, 62-297.401, 62-
297.440, and 62-297.520. Additionally, FDEP reiterated its original 
June 23, 1999, request to approve four F.A.C. rule sections, all with 
state effective dates of March 2, 1999, from its 1999 SIP submission: 
62-296.405, 62-296.406, 62-297.310, and 62-297.450.

C. December 12, 2011, SIP Revision

    In Florida's December 12, 2011, SIP revision, the State submitted 
amendments to two of its rules--62-210.200 and 62-212.400, F.A.C.--
which included the addition of one new definition, ``North American 
Industry Classification System,'' or ``NAICS,'' to rule 62-210.200, 
F.A.C.\12\
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    \12\ With the exception of the definition, ``North American 
Industry Classification System,'' or ``NAICS,'' in rule 62-210.200, 
F.A.C., EPA is taking no action today on the remaining rule changes 
in Florida's December 12, 2011, SIP submission.
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D. February 27, 2013, SIP Revision

    In Florida's February 27, 2013, SIP revision, the State submitted 
amendments to four F.A.C. rule sections: 62-210.200, 62-210.300,\13\ 
62-210.310, and 62-210.350.\14\ Also in its 2013 SIP revision, the 
State withdrew its request for approval of earlier versions of two 
rules, 62-210.300 and 62-210.350, F.A.C., submitted as part of its June 
23, 1999, SIP revision. Additionally, FDEP requested removal of 62-
210.920, F.A.C., from the Florida SIP and affirmed its request in the 
State's 2011 SIP submission to withdraw submitted amendments to the 
following five F.A.C. rule sections: 62-210.360, 62-296.570, 62-
297.401, 62-297.440, and 62-297.520.
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    \13\ EPA is taking no action today on 62-210.300, F.A.C. 
``Permits Required.''
    \14\ In a supplemental letter dated June 28, 2017, Florida 
withdrew its request for EPA to approve the addition of 62-
210.350(1)(c), F.A.C. (effective February 11, 1999) into the Florida 
SIP. Additionally, EPA is taking no action today on 62-
210.350(4)(a)2 and 62-210.350(4)(b), F.A.C. in Florida's February 
27, 2013, SIP submission.
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E. February 1, 2017, SIP Revision

    In Florida's February 1, 2017, SIP revision, the State submitted 
amendments to three of its rules to address requirements for emissions 
monitoring at stationary sources--62-297.310, 62-297.440, and 62-
297.450, F.A.C.--and proposed to remove 62-297.401, F.A.C. In the 
submitted amendments, FDEP made several clarifications to rule 62-
297.310, F.A.C.\15\
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    \15\ With the exception of the revisions pertaining to 62-
297.310, F.A.C., EPA is taking no action today on the remaining rule 
changes in Florida's February 1, 2017, SIP submission.
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    A description of these collective changes to each rule section from 
Florida's 1999, 2011, 2013, and 2017 SIP submissions and the State's 
NAICS SIP submission summarized above and EPA's analysis of the 
proposed changes follows.

III. What is EPA's analysis of Florida's rule revisions?

A. List of Rule Amendments Proposed for Incorporation Into the Florida 
SIP

    Described below are the Florida rules and/or subsections of those 
rules which EPA is proposing to incorporate into the Florida SIP.
1. Rule 62-210.200, F.A.C., ``Definitions''
    In its July 1, 2011, SIP submission, FDEP requested approval of 
changes to 15 definitions in Rule 62-210.200, F.A.C., with a state 
effective date of March 11, 2010. EPA will act on the July 1, 2011, SIP 
submission rule section changes--which were resubmitted in the State's 
2013 submission--in a separate rulemaking. Thus, EPA is not proposing 
action on these 15 definitions contained in the 2011 SIP submission and 
also resubmitted in the 2013 SIP submission today.
    In its December 12, 2011, SIP submission, Florida added a new 
definition of ``North American Industry Classification System,'' or 
``NAICS.''

[[Page 37381]]

EPA proposes to adopt this definition (state effective on December 4, 
2011) into the Florida SIP as renumbered effective March 28, 2012, on 
the basis that the new definition added is for administrative purposes 
to explain terms included in other Florida rules that have previously 
been approved into the SIP.
    In its 2013 submission, Florida requested approval of changes to 
Rule 62-210.200, F.A.C., as amended up to state effective date March 
28, 2012, to include four sets of amendments adopted by the State 
between 2005 and 2012.\16\ These rule changes include: Renumbering 
definitions, adding 21 new definitions, revising three existing 
definitions, and repealing two definitions.\17\ The purpose of adopting 
the revised definitions is to improve clarity, and to support language 
in other F.A.C. rule sections. All definitions originally submitted for 
approval in its 1999 SIP submission have been resubmitted in the 2011 
and 2013 SIP submissions. EPA proposes to approve these revisions into 
the Florida SIP because they are administrative and/or provide non-
substantive clarification of other provisions already approved into the 
State's SIP.
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    \16\ In addition, Florida withdrew its request to adopt an 
earlier version of Rule 62-210.200, F.A.C., submitted for approval 
in its 1999 submission.
    \17\ See Florida's 2013 submission, pp.7-10, for a list of the 
26 definitions and FDEP's explanation for the changes.
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2. Rule 62-210.310, F.A.C., ``Air General Permits''
    In its 2013 submission, Florida requested approval into the SIP 
changes to Rule 62-210.310, F.A.C., ``Air General Permits'' as amended 
up to state effective date June 29, 2011, which include three sets of 
amendments adopted by the State between 2007 and 2011. This rule 
section, as amended, provides 17 air general permits, or ``permits-by-
rule,'' by which owners or operators of air emission sources can 
construct and operate their facilities without going through the 
individual permitting process, so long as certain requirements are 
satisfied.\18\ Six of the air general permits (at subsection 62-
210.310(4), F.A.C.) impose operating restrictions that allow facilities 
to avoid major source permitting. Eleven of the air general permits (at 
subsection 62-210.310(5), F.A.C.) allow certain facilities to avoid the 
permitting process for minor source air construction and non-title V 
air operation permits because these sources utilize pre-manufactured 
equipment and thus, do not need the preconstruction engineering review 
incorporated into FDEP's individual source permit process.
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    \18\ See Florida's 2013 submission, pp.20-24, for a list of all 
air general permits in subsections 62-210.310(4), F.A.C. and 62-
210.310(5), F.A.C. adopted by Florida as of June 29, 2011.
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    EPA proposes to approve the changes provided in Florida's 2013 SIP 
submission to Rule 62-210.310, F.A.C., with state effective dates of 
January 10, 2007, October 12, 2008, and June 29, 2011, into Florida's 
SIP on the basis that these changes are intended to further clarify, 
organize, and streamline Florida's permit regulations. Moreover, these 
changes are not inconsistent with federal law, and will not interfere 
with any applicable requirement concerning attainment of the NAAQS, 
reasonable further progress, or any other requirement of the CAA.
3. Rule 62-210.350, F.A.C., ``Public Notice and Comment''
    In its 2013 submission, FDEP requested approval into the SIP of 
revisions to Rule 62-210.350, F.A.C., ``Public Notice and Comment'' as 
amended up to state effective date October 12, 2008, to incorporate 
three sets of amendments adopted by the State between 1997 and 2008. In 
the submission, Florida withdrew its request to adopt an earlier 
version of Rule 62-210.350, F.A.C., which was included in its 1999 
submission.\19\ Rule 62-210.350, F.A.C., establishes public notice 
requirements for both major and minor source air construction permits, 
State air operation permits, federally enforceable state operation 
permits, and title V air operation permits. FDEP amended this rule 
section to update references to FDEP's administrative procedures rule 
at 62-110.106, F.A.C., to allow sources to combine public notice for 
construction and operation permits, and clarify that if these public 
notices are combined, sources must comply with the requirements for 
both notices, and to make other non-substantive clarifying changes.
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    \19\ In a supplemental letter dated June 28, 2017, Florida also 
withdrew from the 1999 and 2013 SIP submissions the addition of 62-
210.350(1)(c) state effective February 11, 1999. Florida's June 28, 
2017, letter is included in the docket for this action.
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    EPA proposes to approve portions of the revisions provided in 
Florida's 2013 SIP submission to Rule 62-210.350, F.A.C. (with state 
effective dates of November 13, 1997, February 11, 1999, October 12, 
2008) with the exception of three F.A.C. rule subsections: 62-
210.350(4)(a)2, 62-210.350(4)(b), and the withdrawn revision at 62-
210.350(1)(c). These changes are intended to clarify, organize, and 
streamline Florida's permit regulations. Moreover, these changes are 
not inconsistent with federal law, and will not interfere with any 
applicable requirement concerning attainment of the NAAQS, reasonable 
further progress, or any other requirement of the CAA.
4. Rule 62-296.100, F.A.C., ``Purpose and Scope''
    In its July 1, 2011 submission, FDEP submitted an amendment to Rule 
62-296.100, F.A.C., which was state-effective October 6, 2008. The 
amendment separated the rule language into four subsections for 
improved readability. The amendment also added language to clarify that 
a facility or emissions unit subject to any new source performance 
standard or national emission standard for hazardous air pollutants 
adopted by reference at Rule 62-204.800, F.A.C., must also comply with 
any emission limitations that may apply in Chapter 62-296, F.A.C. EPA 
proposes to approve these non-substantive changes to Rule 62-296.100, 
F.A.C., provided in Florida's 2011 SIP submission.
5. Rule 62-296.405, F.A.C., ``Fossil Fuel Steam Generators With More 
Than 250 Million Btu Per Hour Heat Input''
    In its 1999 SIP submission, FDEP submitted changes to Rule 62-
296.405, F.A.C., with a state effective date of March 2, 1999, which 
clarified the test method procedure for visible emissions that must be 
used in lieu of FDEP's Method 9 testing incorporated in Chapter 62-297, 
F.A.C. In addition, the submission clarifies which sources may use fuel 
sampling and analysis as an alternative test method for sulfur dioxide 
emissions instead of EPA Methods 6, 6A, 6B or 6C. The revisions also 
provide the procedures to obtain approval from the State for this 
alternative test method. The amendments also clarify other wording in a 
few parts of this rule section. EPA proposes to approve the changes 
provided in Florida's 1999 SIP submission to Rule 62-296.405, F.A.C. on 
the basis that these changes are intended to further clarify, organize, 
and streamline Florida's permit regulations. Moreover, these changes 
are not inconsistent with federal law, and will not interfere with any 
applicable requirement concerning attainment of the NAAQS, reasonable 
further progress, or any other requirement of the CAA.

[[Page 37382]]

6. Rule 62-296.406, F.A.C., ``Fossil Fuel Steam Generators with Less 
Than 250 Million Btu per Hour Heat Input, New and Existing Emissions 
Units''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
296.406, F.A.C., with a state effective date of March 2, 1999, to add 
language to clarify that all emissions standards for new and existing 
small fossil fuel steam generators do not apply to units that are 
determined to be insignificant under Florida's title V regulations at 
62-213.300(2)(a)1., F.A.C., and 62-213.430(6)(b), F.A.C.\20\ As 
relevant here, a generator is considered insignificant if two 
requirements are satisfied: First, the emissions unit will neither emit 
nor have the potential to emit five tons per year or more of 
particulate matter or sulfur dioxide; and second, the emissions unit 
will not cause the facility as a whole to emit nor have the potential 
to emit 100 tons per year or more of either of those pollutants. EPA 
proposes to approve the revisions provided in Florida's 1999 SIP 
submission to Rule 62-296.406, F.A.C. on the basis that these changes 
are intended to further clarify, organize, and streamline Florida's 
permit regulations, are not inconsistent with federal law, and will not 
interfere with any applicable requirement concerning attainment of the 
NAAQS, reasonable further progress, or any other requirement of the 
CAA.
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    \20\ EPA approved Florida's title V permit program on October 1, 
2001. See 66 FR 49837.
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7. Rule 62-296.412, F.A.C., ``Dry Cleaning Facilities''
    In its 2011 submission, FDEP submitted amendments to Rule 62-
296.412, F.A.C., ``Dry Cleaning Facilities,'' which became state 
effective March 11, 2010. The amendments delete a reference to ozone 
nonattainment areas because Florida currently has no ozone 
nonattainment areas. Moreover, without this change, the rule would 
immediately apply in newly designated ozone nonattainment areas, giving 
facilities no lead time to achieve compliance. If an area in Florida is 
designated nonattainment for the ozone national ambient air quality 
standards (NAAQS) in the future, Florida would be required to submit an 
implementation plan to attain this NAAQS, and thus would need to 
address sources in the nonattainment area at that time. Also, the 
changes replace an incorrect reference to Chapter 62-275, F.A.C., with 
the correct rule reference to 62-204.340, F.A.C. EPA proposes to 
approve the changes provided in Florida's 2011 SIP submission to Rule 
62-296.412, F.A.C., on the basis that these changes are intended to 
correct a reference in this rule, to further clarify, organize, and 
streamline Florida's permit regulations. Moreover, these changes are 
not inconsistent with federal law, and will not interfere with any 
applicable requirement concerning attainment of the NAAQS, reasonable 
further progress, or any other requirement of the CAA.
8. Rule 62-296.414, F.A.C., ``Concrete Batching Plants''
    In its 2011 SIP submission, FDEP submitted two sets of amendments 
to Rule 62-296.414, F.A.C., ``Concrete Batching Plants,'' with state 
effective dates of November 13, 1997, and January 10, 2007.\21\ These 
amendments clarify portions of this rule section related to rule 
applicability and test method references; specify the precautions that 
must be taken to control unconfined emissions from concrete batching 
facilities; identify conditions under which visible emissions testing 
must be conducted; and, clarify the visible emissions testing schedule 
for concrete batching plants based on whether the unit is operating 
under the authority of an air general permit or a standard air 
construction or air operation permit. EPA proposes to approve the 
changes provided in Florida's 2011 SIP submission to Rule 62-296.414, 
F.A.C. on the basis that these changes are intended to further clarify, 
organize, and streamline Florida's permit regulations. Moreover, these 
changes are not inconsistent with federal law, and will not interfere 
with any applicable requirement concerning attainment of the NAAQS, 
reasonable further progress, or any other requirement of the CAA.
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    \21\ Florida withdrew its request to act on amendments to this 
rule originally submitted in its 1999 submission because the State 
re-submitted this rule in its 2011 submission.
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9. Rule 62-296.418, F.A.C., ``Bulk Gasoline Plants''
    In its 2011 SIP submission, FDEP submitted amendments to Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' which became state effective 
March 11, 2010. The change deletes a reference to ozone nonattainment 
areas because Florida currently has no ozone nonattainment areas. 
Moreover, without this change, the rule would immediately apply in 
newly designated ozone nonattainment areas, giving facilities no lead 
time to achieve compliance. If an area in Florida is designated 
nonattainment for the ozone NAAQS in the future, Florida would be 
required to submit a plan to attain this NAAQS, and thus would need to 
address sources in the nonattainment area at that time. EPA proposes to 
approve the revisions provided in Florida's 2011 SIP submission to Rule 
62-296.418, F.A.C. on the basis that these changes are intended to 
further clarify, organize, and streamline Florida's permit regulations. 
Moreover, these changes are not inconsistent with federal law, and will 
not interfere with any applicable requirement concerning attainment of 
the NAAQS, reasonable further progress, or any other requirement of the 
CAA.
10. Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology 
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX) Emitting Facilities''
    In its 2011 SIP submission, FDEP submitted one amendment to Rule 
62-296.500, F.A.C., ``Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) 
Emitting Facilities,'' which became state effective March 11, 2010. The 
change deletes reference to ozone nonattainment areas because Florida 
currently has no ozone nonattainment areas. Moreover, without this 
change, the rule would immediately apply in newly designated ozone 
nonattainment areas, giving facilities no lead time to achieve 
compliance. If an area in Florida is designated nonattainment for the 
ozone NAAQS in the future, Florida would be required to submit a plan 
to attain this NAAQS and thus would need to address sources in the 
nonattainment area at that time. Also, the amendment clarifies that 
references to air quality maintenance areas mean those areas defined at 
Rule 62-204.340, F.A.C. EPA proposes to approve the revisions provided 
in Florida's 2011 SIP submission to Rule 62-296.500, F.A.C.
11. Rule 62-296.508, F.A.C., ``Petroleum Liquid Storage''
    In its 2011 submission, FDEP submitted one amendment to Rule 62-
296.508, F.A.C., ``Petroleum Liquid Storage,'' which became state 
effective October 6, 2008. The change removes an erroneous reference to 
EPA Method 21. EPA proposes to approve the change provided in Florida's 
2011 SIP submission to Rule 62-296.508, F.A.C.
12. Rule 62-297.310, F.A.C., ``General Emissions Test Requirements''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.310, F.A.C., ``General Compliance Test

[[Page 37383]]

Requirements,'' which became state effective March 2, 1999. These 
changes include minor clarifications to wording in the rule and 
identify for which types of emissions units an annual compliance test 
for visible emissions is not required. In its 2017 SIP submission, FDEP 
made further revisions to Rule 62-297.310, F.A.C., (which became state 
effective March 9, 2015) and changed the title to ``General Emissions 
Test Requirements.'' The changes in the 2017 submission include: 
Modification of the emissions test procedures; clarification of the 
requirements for emissions tests and terminology used in the 
regulation; reduction in the number of annual emissions tests required 
for emissions units that operate infrequently or are temporarily shut 
down; and elimination of obsolete and duplicative language. The 
revision also creates an exemption from annual compliance test 
requirements for any unit determined to be insignificant under 
Florida's title V regulations at 62-213.300(2)(a)1., F.A.C., and 62-
213.430(6)(b), F.A.C.\22\ EPA proposes to approve the revisions 
provided in Florida's June 23, 1999, and February 1, 2017, SIP 
submissions to Rule 62-297.310, F.A.C.
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    \22\ EPA approved Florida's title V permit program on October 1, 
2001. See 66 FR 49837.
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13. Rule 62-297.450, F.A.C., ``EPA VOC Capture Efficiency Test 
Procedures''
    In its 1999 SIP submission, FDEP submitted revisions to Rule 62-
297.450, F.A.C., ``EPA VOC Capture Efficiency Test Procedures,'' which 
became state effective March 2, 1999. These changes incorporate EPA 
Method 204 and EPA's capture efficiency test procedures. EPA proposes 
to approve the changes provided in Florida's 1999 SIP submission to 
Rule 62-297.450, F.A.C. on the basis that these changes are consistent 
with EPA's VOC capture efficiency test procedure guidelines.\23\
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    \23\ EPA document GD-035, ``Guidelines for Determining Capture 
Efficiency,'' dated January 9, 1995, is available at: https://www3.epa.gov/ttn/emc/guidlnd/gd-035.pdf.
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B. Rule Proposed for Removal From the Florida SIP

1. Rule 62-210.920, F.A.C., ``Air General Permit Forms''
    In its 2013 submission, FDEP requested that Rule 62-210.920, 
F.A.C., ``Air General Permit Forms,'' be removed from the SIP. This 
rule section contained Florida's air general permit registration forms, 
which the State has replaced with an online registration system. The 
State repealed this rule section with a state effective date of June 
29, 2011. EPA proposes to approve removal of Rule 62-210.920, F.A.C., 
``Air General Permit Forms'' from the Florida SIP because this rule 
section imposes no requirements beyond those requirements already found 
in Rule 62-210.310, F.A.C.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference changes to: Rule 62-210.200, F.A.C., ``Definitions,'' 
effective March 28, 2012; Rule 62-210.310, F.A.C., ``Air General 
Permits,'' effective June 29, 2011; Rule 62-210.350, F.A.C., ``Public 
Notice and Comment,'' effective October 12, 2008; Rule 62-296.100, 
F.A.C., ``Purpose and Scope,'' effective October 6, 2008; Rule 62-
296.405, F.A.C., ``Fossil Fuel Steam Generators with More Than 250 
Million Btu Per Hour Heat Input,'' effective March 2, 1999; Rule 62-
296.406, F.A.C., ``Fossil Fuel Steam Generators with Less Than 250 
Million Btu per Hour Heat Input, New and Existing Emissions Units,'' 
effective March 2, 1999; Rule 62-296.412, F.A.C., ``Dry Cleaning 
Facilities,'' effective March 11, 2010; Rule 62-296.414, F.A.C., 
``Concrete Batching Plants,'' effective January 10, 2007; Rule 62-
296.418, F.A.C., ``Bulk Gasoline Plants,'' effective March 11, 2010; 
Rule 62-296.500, F.A.C., ``Reasonably Available Control Technology 
(RACT)--Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX) Emitting Facilities,'' effective March 11, 2010; Rule 
62-296.508, F.A.C., ``Petroleum Liquid Storage,'' effective October 6, 
2008; Rule 62-297.310, F.A.C., ``General Emissions Test Requirements,'' 
effective March 9, 2015; and Rule 62-297.450, F.A.C., ``EPA VOC Capture 
Efficiency Test Procedures,'' effective March 2, 1999. 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).

V. What action is EPA proposing to take?

    EPA is proposing to approve portions of Florida's five SIP 
revisions submitted by the State on June 23, 1999, July 1, 2011, 
December 12, 2011, February 27, 2013, and February 1, 2017, as meeting 
the applicable requirements of the CAA and EPA's requirements for 
permitting air emission sources.

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. 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 Act. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 mandates 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 Act; 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).
    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,

[[Page 37384]]

2000), nor will it impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

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

    Dated: July 28, 2017.
V. Anne Heard
Acting Regional Administrator, Region 4.
[FR Doc. 2017-16815 Filed 8-9-17; 8:45 am]
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