82_FR_46875 82 FR 46682 - Air Plan Approval; Florida; Permitting Revisions

82 FR 46682 - Air Plan Approval; Florida; Permitting Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 193 (October 6, 2017)

Page Range46682-46685
FR Document2017-21504

The Environmental Protection Agency (EPA) is finalizing approval of 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 finalizing approval of 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 Issue 193 (Friday, October 6, 2017)
[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46682-46685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21504]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-9968-92-Region 4]


Air Plan Approval; Florida; Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of 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

[[Page 46683]]

under the Clean Air Act (CAA or Act) and EPA's rules which address new 
source preconstruction permitting. EPA is finalizing approval of 
Florida's SIP revisions on the basis that they are consistent with the 
CAA and EPA's requirements for permitting air emission sources.

DATES: This rule will be effective November 6, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0105. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

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. 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. 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 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 a proposed rulemaking published on August 10, 2017 (82 FR 
37379), EPA proposed to approve specified portions of the five Florida 
SIP revisions on June 23, 1999, July 1, 2011, December 12, 2011, 
February 27, 2013, and February 1, 2017. The details of Florida's 
submissions and the rationale for EPA's actions are explained in the 
proposed rulemaking. Comments on the proposed rulemaking were due on or 
before September 11, 2017. EPA received no adverse comments on the 
proposed action. Accordingly, in this action, EPA is finalizing action 
regarding the relevant regulations (or portions thereof) from these 
five SIP submissions.

II. 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 
Chapters 62-210.200 ``Definitions,'' which was state effective 3/28/12; 
62-210.310 ``Air General Permits,'' state effective 6/29/11; 62-210.350 
``Public Notice and Comment,'' state effective 10/12/08; 62-296.100 
``Purpose and Scope,'' state effective 10/6/08; 62-296.405 ``Fossil 
Fuel Steam Generators with More Than 250 Million Btu Per Hour Heat 
Input,'' state effective 3/2/99; 62-296.406 ``Fossil Fuel Steam 
Generators with Less Than 250 Million Btu Per Hour Heat Input, New and 
Existing Emissions Units,'' state effective 3/2/99; 62-296.412 ``Dry 
Cleaning Facilities,'' state effective 3/11/10; 62-296.414 ``Concrete 
Batching Plants,'' state effective 1/10/07; 62-296.418 ``Bulk Gasoline 
Plants,'' state effective 3/11/10; 62-296.500 ``Reasonably Available 
Control Technology (RACT)--Volatile Organic Compounds (VOC) and 
Nitrogen Oxides (NOX) Emitting Facilities,'' state effective 
3/11/10; 62-296.508 ``Petroleum Liquid Storage,'' state effective 10/6/
08; 62-297.310 ``General Emissions Test Requirements,'' state effective 
3/9/15; and 62-297.450 ``EPA VOC Capture Efficiency Test Procedures,'' 
state effective 3/2/99. 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). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, 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.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is finalizing approval of portions of the five Florida SIP 
revisions submitted to EPA on June 23, 1999, July 1, 2011, December 12, 
2011, February 27, 2013, and February 1, 2017, on the basis that they 
are consistent with the CAA and EPA's requirements for permitting air 
emission sources.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 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 Act. This action merely 
approves state law as meeting federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, 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.);

[[Page 46684]]

     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 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 December 5, 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. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: September 22, 2017.
Onis ``Trey'' Glenn, III,
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:
0
a. Under the heading ``Chapter 62-210 Stationary Sources--General 
Requirements'' by revising the entries for ``62-210.200'', ``62-
210.310'' and ``62-210.350'';
0
b. Under the heading ``Chapter 62-210 Stationary Sources--General 
Requirements'' by removing the entry for ``62-210.920'';
0
c. Under the heading ``Chapter 62-296 Stationary Sources--Emission 
Standards'' by revising the entries for ``62-296.100'', ``62-296.405'', 
``62-296.406'', ``62-296.412'', ``62-296.414'', ``62-296.418'', ``62-
296.500'' and ``62-296.508'', and
0
d. Under the heading ``Chapter 62-297 Stationary Sources--Emissions 
Monitoring'' by revising the entries for ``62-297.310'' and ``62-
297.450''.
    The revisions read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
   State citation (section)        Title/subject      effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.200...................  Definitions..........         3/28/12  10/6/17, [Insert      Selected definitions
                                                                       Federal Register      are approved into
                                                                       citation].            the SIP.
 
                                                  * * * * * * *
62-210.310...................  Air General Permits..         6/29/11  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
62-210.350...................  Public Notice and            10/12/08  10/6/17, [Insert      Excludes revisions
                                Comment.                               Federal Register      state effective
                                                                       citation].            February 11, 1999,
                                                                                             which added 62-
                                                                                             210.350(1)(c) and
                                                                                             62-210.350(4)(a)2,
                                                                                             and revised 62-
                                                                                             210.350(4)(b).
 

[[Page 46685]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100...................  Purpose and Scope....         10/6/08  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.405...................  Fossil Fuel Steam              3/2/99  10/6/17, [Insert
                                Generators with More                   Federal Register
                                Than 250 Million Btu                   citation].
                                Per Hour Heat Input.
62-296.406...................  Fossil Fuel Steam              3/2/99  10/6/17, [Insert
                                Generators with Less                   Federal Register
                                Than 250 Million Btu                   citation].
                                Per Hour Heat Input,
                                New and Existing
                                Emissions Units.
 
                                                  * * * * * * *
62-296.412...................  Dry Cleaning                  3/11/10  10/6/17, [Insert
                                Facilities.                            Federal Register
                                                                       citation].
62-296.414...................  Concrete Batching             1/10/07  10/6/17, [Insert
                                Plants.                                Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.418...................  Bulk Gasoline Plants.         3/11/10  10/6/17, [Insert
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-296.500...................  Reasonably Available          3/11/10  10/6/17, [Insert
                                Control Technology                     Federal Register
                                (RACT)--Volatile                       citation].
                                Organic Compounds
                                (VOC) and Nitrogen
                                Oxides (NOX)
                                Emitting Facilities.
 
                                                  * * * * * * *
62-296.508...................  Petroleum Liquid              10/6/08  10/6/17, [Insert      Amendments effective
                                Storage.                               Federal Register      10/6/08
                                                                       citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.310...................  General Emissions              3/9/15  10/6/17, [Insert
                                Test Requirements.                     Federal Register
                                                                       citation].
 
                                                  * * * * * * *
62-297.450...................  EPA VOC Capture                3/2/99  10/6/17, [Insert
                                Efficiency Test                        Federal Register
                                Procedures.                            citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-21504 Filed 10-5-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                  46682              Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations

                                                   TABLE 2—LIST OF NORTH DAKOTA IN-   • Does not provide the EPA with the                                         Dated: September 18, 2017.
                                                    FRASTRUCTURE ELEMENTS AND RE- discretionary authority to address, as                                        Suzanne J. Bohan,
                                                    VISIONS THAT THE EPA IS TAKING appropriate, disproportionate human                                          Acting Regional Administrator, Region 8.
                                                    NO ACTION ON                    health or environmental effects, using
                                                                                                                                                                  40 CFR part 52 is amended to read as
                                                                                                          practicable and legally permissible
                                                                                                                                                                follows:
                                                                     No action                            methods, under Executive Order 12898
                                                    (revision to be made in separate rulemaking           (59 FR 7629, February 16, 1994).                      PART 52—APPROVAL AND
                                                                      action)                                In addition, the SIP is not approved               PROMULGATION OF
                                                                                                          to apply on any Indian reservation land               IMPLEMENTATION PLANS
                                                  March 7, 2013 submittal—2010 SO2 NAAQS:                 or in any other area where the EPA or
                                                    (D)(i)(I) prongs 1 and 2.
                                                  August 23, 2015 submittal—2012 PM2.5
                                                                                                          an Indian tribe has demonstrated that a               ■ 1. The authority citation for Part 52
                                                    NAAQS: (D)(i)(I) prongs 1 and 2.                      tribe has jurisdiction. In those areas of             continues to read as follows:
                                                                                                          Indian country, the rule does not have                    Authority: 42 U.S.C. 7401 et seq.
                                                  IV. Statutory and Executive Orders                      tribal implications and will not impose
                                                  Review                                                  substantial direct costs on tribal                    Subpart JJ—North Dakota
                                                                                                          governments or preempt tribal law as
                                                     Under the Clean Air Act, the                         specified by Executive Order 13175 (65                ■ 2. Section 52.1833 is amended by
                                                  Administrator is required to approve a                  FR 67249, November 9, 2000).                          adding paragraph (f) to read as follows:
                                                  SIP submission that complies with the                      The Congressional Review Act, 5
                                                  provisions of the Act and applicable                                                                          § 52.1833 Section 110(a)(2) infrastructure
                                                                                                          U.S.C. 801 et seq., as added by the Small             requirements.
                                                  federal regulations. 42 U.S.C. 7410(k);                 Business Regulatory Enforcement
                                                  40 CFR 52.02(a). Thus, in reviewing SIP                 Fairness Act of 1996, generally provides              *     *      *       *     *
                                                  submissions, the EPA’s role is to                       that before a rule may take effect, the                 (f) The North Dakota Department of
                                                  approve state choices, provided that                    agency promulgating the rule must                     Health provided submissions to meet
                                                  they meet the criteria of the Clean Air                 submit a rule report, which includes a                infrastructure requirements for the State
                                                  Act. Accordingly, this action merely                    copy of the rule, to each House of the                of North Dakota for the 2010 SO2 and
                                                  approves state law as meeting federal                   Congress and to the Comptroller General               2012 PM2.5 NAAQS on March 7, 2013
                                                  requirements and does not impose                        of the United States. The EPA will                    and August 23, 2015, respectively. The
                                                  additional requirements beyond those                    submit a report containing this action                State’s Infrastructure SIP for the 2010
                                                  imposed by state law. For that reason,                  and other required information to the                 SO2 and 2012 PM2.5 NAAQS is
                                                  this action:                                            U.S. Senate, the U.S. House of                        approved with respect to section
                                                     • Is not a significant regulatory action             Representatives, and the Comptroller                  (110)(a)(1) and the following elements of
                                                  subject to review by the Office of                      General of the United States prior to                 section (110)(a)(2): (A), (B), (C) with
                                                  Management and Budget under                             publication of the rule in the Federal                respect to minor NSR and PSD
                                                  Executive Orders 12866 (58 FR 51735,                    Register. A major rule cannot take effect             requirements, (D)(i)(II), (D)(ii), (E), (F),
                                                  October 4, 1993) and 13563 (76 FR 3821,                 until 60 days after it is published in the            (G), (H), (J), (K), (L), and (M).
                                                  January 21, 2011);                                      Federal Register. This action is not a                [FR Doc. 2017–21520 Filed 10–5–17; 8:45 am]
                                                     • Does not impose an information                     ‘‘major rule’’ as defined by 5 U.S.C.                 BILLING CODE 6560–50–P
                                                  collection burden under the provisions                  804(2).
                                                  of the Paperwork Reduction Act (44                         Under Section 307(b)(1) of the Clean
                                                  U.S.C. 3501 et seq.);                                   Air Act, petitions for judicial review of             ENVIRONMENTAL PROTECTION
                                                     • Is certified as not having a                                                                             AGENCY
                                                                                                          this action must be filed in the United
                                                  significant economic impact on a
                                                                                                          States Court of Appeals for the
                                                  substantial number of small entities                                                                          40 CFR Part 52
                                                                                                          appropriate circuit by December 5,
                                                  under the Regulatory Flexibility Act (5
                                                                                                          2017. Filing a petition for                           [EPA–R04–OAR–2017–0105; FRL–9968–92–
                                                  U.S.C. 601 et seq.);
                                                     • Does not contain any unfunded                      reconsideration by the Administrator of               Region 4]
                                                  mandate or significantly or uniquely                    this final rule does not affect the finality
                                                                                                          of this action for the purposes of judicial           Air Plan Approval; Florida; Permitting
                                                  affect small governments, as described                                                                        Revisions
                                                  in the Unfunded Mandates Reform Act                     review nor does it extend the time
                                                  of 1995 (Pub. L. 104–4);                                within which a petition for judicial                  AGENCY:  Environmental Protection
                                                     • Does not have federalism                           review may be filed, and shall not                    Agency (EPA).
                                                  implications as specified in Executive                  postpone the effectiveness of such rule
                                                                                                                                                                ACTION: Final rule.
                                                  Order 13132 (64 FR 43255, August 10,                    or action. This action may not be
                                                  1999);                                                  challenged later in proceedings to                    SUMMARY:    The Environmental Protection
                                                     • Is not an economically significant                 enforce its requirements. (See CAA                    Agency (EPA) is finalizing approval of
                                                  regulatory action based on health or                    Section 307(b)(2)).                                   portions of five State Implementation
                                                  safety risks subject to Executive Order                 List of Subjects in 40 CFR Part 52                    Plan (SIP) revisions submitted by the
                                                  13045 (62 FR 19885, April 23, 1997);                                                                          State of Florida, Department of
                                                     • Is not a significant regulatory action               Environmental protection, Air                       Environmental Protection (FDEP),
                                                  subject to Executive Order 13211 (66 FR                 pollution control, Carbon monoxide,                   through the Florida Division of Air
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  28355, May 22, 2001);                                   Incorporation by reference,                           Resource Management, on June 23,
                                                     • Is not subject to requirements of                  Intergovernmental relations,                          1999, July 1, 2011, December 12, 2011,
                                                  section 12(d) of the National                           Greenhouse gases, Lead, Nitrogen                      February 27, 2013, and February 1,
                                                  Technology Transfer and Advancement                     dioxide, Ozone, Particulate matter,                   2017. Florida’s SIP revisions recodify,
                                                  Act of 1995 (15 U.S.C. 272 note) because                Reporting and recordkeeping                           clarify, and reorganize the State’s non-
                                                  application of those requirements would                 requirements, Sulfur oxides, Volatile                 title V air permitting and compliance
                                                  be inconsistent with the Clean Air Act;                 organic compounds.                                    assurance program regulations
                                                  and                                                       Authority: 42 U.S.C. 7401 et seq.                   consistent with flexibility provided


                                             VerDate Sep<11>2014   16:21 Oct 05, 2017   Jkt 244001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\06OCR1.SGM   06OCR1


                                                                     Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations                                          46683

                                                  under the Clean Air Act (CAA or Act)                    Industry Classification System,’’ or                  ‘‘Reasonably Available Control
                                                  and EPA’s rules which address new                       ‘‘NAICS,’’ to the Florida SIP. On                     Technology (RACT)—Volatile Organic
                                                  source preconstruction permitting. EPA                  February 1, 2017, FDEP submitted a SIP                Compounds (VOC) and Nitrogen Oxides
                                                  is finalizing approval of Florida’s SIP                 revision to address requirements for                  (NOX) Emitting Facilities,’’ state
                                                  revisions on the basis that they are                    emissions monitoring at stationary                    effective 3/11/10; 62–296.508
                                                  consistent with the CAA and EPA’s                       sources. The 1999 SIP submission                      ‘‘Petroleum Liquid Storage,’’ state
                                                  requirements for permitting air emission                includes amendments to 16 rule                        effective 10/6/08; 62–297.310 ‘‘General
                                                  sources.                                                sections in the Florida Administrative                Emissions Test Requirements,’’ state
                                                  DATES: This rule will be effective                      Code (F.A.C.) that were adopted by the                effective 3/9/15; and 62–297.450 ‘‘EPA
                                                  November 6, 2017.                                       State between 1997 and 1999 to clarify                VOC Capture Efficiency Test
                                                  ADDRESSES: EPA has established a                        and streamline FDEP’s permitting                      Procedures,’’ state effective 3/2/99. EPA
                                                  docket for this action under Docket                     process. The 2011 SIP submission                      has made, and will continue to make,
                                                  Identification No. EPA–R04–OAR–                         includes clarifying and corrective                    these materials generally available
                                                  2017–0105. All documents in the docket                  amendments to 11 F.A.C. rule sections                 through www.regulations.gov and/or at
                                                  are listed on the www.regulations.gov                   affecting FDEP’s permitting regulations               the EPA Region 4 Office (please contact
                                                  Web site. Although listed in the index,                 that were adopted by the State between                the person identified in the ‘‘For Further
                                                  some information is not publicly                        1997 and 2010. In its 2013 SIP                        Information Contact’’ section of this
                                                  available, i.e., Confidential Business                  submission, FDEP updates the 1999 and                 preamble for more information).
                                                  Information or other information whose                  2011 SIP submissions by either                        Therefore, these materials have been
                                                  disclosure is restricted by statute.                    resubmitting or withdrawing 12 of the                 approved by EPA for inclusion in the
                                                  Certain other material, such as                         16 F.A.C. rule sections originally                    State implementation plan, have been
                                                  copyrighted material, is not placed on                  included in those submittals, and                     incorporated by reference by EPA into
                                                  the Internet and will be publicly                       providing updated versions of the                     that plan, are fully federally enforceable
                                                  available only in hard copy form.                       remaining four rule sections for                      under sections 110 and 113 of the CAA
                                                  Publicly available docket materials are                 incorporation into the Florida SIP.                   as of the effective date of the final
                                                                                                             In a proposed rulemaking published                 rulemaking of EPA’s approval, and will
                                                  available either electronically through
                                                                                                          on August 10, 2017 (82 FR 37379), EPA                 be incorporated by reference by the
                                                  www.regulations.gov or in hard copy at
                                                                                                          proposed to approve specified portions                Director of the Federal Register in the
                                                  the Air Regulatory Management Section,
                                                                                                          of the five Florida SIP revisions on June             next update to the SIP compilation.1
                                                  Air Planning and Implementation
                                                                                                          23, 1999, July 1, 2011, December 12,
                                                  Branch, Air, Pesticides and Toxics                                                                            III. Final Action
                                                                                                          2011, February 27, 2013, and February
                                                  Management Division, U.S.
                                                                                                          1, 2017. The details of Florida’s                        EPA is finalizing approval of portions
                                                  Environmental Protection Agency,
                                                                                                          submissions and the rationale for EPA’s               of the five Florida SIP revisions
                                                  Region 4, 61 Forsyth Street SW.,                        actions are explained in the proposed
                                                  Atlanta, Georgia 30303–8960. EPA                                                                              submitted to EPA on June 23, 1999, July
                                                                                                          rulemaking. Comments on the proposed                  1, 2011, December 12, 2011, February
                                                  requests that if at all possible, you                   rulemaking were due on or before
                                                  contact the person listed in the FOR                                                                          27, 2013, and February 1, 2017, on the
                                                                                                          September 11, 2017. EPA received no                   basis that they are consistent with the
                                                  FURTHER INFORMATION CONTACT section to
                                                                                                          adverse comments on the proposed                      CAA and EPA’s requirements for
                                                  schedule your inspection. The Regional                  action. Accordingly, in this action, EPA
                                                  Office’s official hours of business are                                                                       permitting air emission sources.
                                                                                                          is finalizing action regarding the
                                                  Monday through Friday 8:30 a.m. to                      relevant regulations (or portions thereof)            IV. Statutory and Executive Order
                                                  4:30 p.m., excluding Federal holidays.                  from these five SIP submissions.                      Reviews
                                                  FOR FURTHER INFORMATION CONTACT:
                                                  Michele Notarianni, Air Regulatory                      II. Incorporation by Reference                          Under the CAA, the Administrator is
                                                  Management Section, Air Planning and                       In this rule, EPA is finalizing                    required to approve a SIP submission
                                                  Implementation Branch, Air, Pesticides                  regulatory text that includes                         that complies with the provisions of the
                                                  and Toxics Management Division, U.S.                    incorporation by reference. In                        Act and applicable federal regulations.
                                                  Environmental Protection Agency,                        accordance with requirements of 1 CFR                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  Region 4, 61 Forsyth Street SW.,                        51.5, EPA is finalizing the incorporation             Thus, in reviewing SIP submissions,
                                                  Atlanta, Georgia 30303–8960. Ms.                        by reference of Florida Chapters 62–                  EPA’s role is to approve state choices,
                                                  Notarianni can be reached by phone at                   210.200 ‘‘Definitions,’’ which was state              provided that they meet the criteria of
                                                  (404) 562–9031 and via electronic mail                  effective 3/28/12; 62–210.310 ‘‘Air                   the Act. This action merely approves
                                                  at notarianni.michele@epa.gov.                          General Permits,’’ state effective 6/29/              state law as meeting federal
                                                  SUPPLEMENTARY INFORMATION:                              11; 62–210.350 ‘‘Public Notice and                    requirements and does not impose
                                                                                                          Comment,’’ state effective 10/12/08; 62–              additional requirements beyond those
                                                  I. Background                                           296.100 ‘‘Purpose and Scope,’’ state                  imposed by state law. For that reason,
                                                     FDEP submitted to EPA for adoption                   effective 10/6/08; 62–296.405 ‘‘Fossil                these actions:
                                                  into the Florida SIP five revisions, three              Fuel Steam Generators with More Than                    • Are not a significant regulatory
                                                  of which were submitted on June 23,                     250 Million Btu Per Hour Heat Input,’’                action subject to review by the Office of
                                                  1999, July 1, 2011, and February 27,                    state effective 3/2/99; 62–296.406                    Management and Budget under
                                                  2013, as part of the State’s efforts to                 ‘‘Fossil Fuel Steam Generators with Less              Executive Orders 12866 (58 FR 51735,
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                                                  clarify and streamline Florida’s non-title              Than 250 Million Btu Per Hour Heat                    October 4, 1993) and 13563 (76 FR 3821,
                                                  V air permitting and compliance                         Input, New and Existing Emissions                     January 21, 2011);
                                                  assurance program and to address EPA’s                  Units,’’ state effective 3/2/99; 62–                    • do not impose an information
                                                  minor source preconstruction                            296.412 ‘‘Dry Cleaning Facilities,’’ state            collection burden under the provisions
                                                  requirements under 40 CFR 51.160–                       effective 3/11/10; 62–296.414 ‘‘Concrete              of the Paperwork Reduction Act (44
                                                  51.164. In addition, on December 12,                    Batching Plants,’’ state effective 1/10/07;           U.S.C. 3501 et seq.);
                                                  2011, FDEP submitted a SIP revision to                  62–296.418 ‘‘Bulk Gasoline Plants,’’
                                                  add a definition of ‘‘North American                    state effective 3/11/10; 62–296.500                     1 62   FR 27968 (May 22, 1997).



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                                                  46684                Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations

                                                     • are certified as not having a                                 The Congressional Review Act, 5                           requirements, Sulfur dioxide, Volatile
                                                  significant economic impact on a                                U.S.C. 801 et seq., as added by the Small                    organic compounds.
                                                  substantial number of small entities                            Business Regulatory Enforcement                                Dated: September 22, 2017.
                                                  under the Regulatory Flexibility Act (5                         Fairness Act of 1996, generally provides                     Onis ‘‘Trey’’ Glenn, III,
                                                  U.S.C. 601 et seq.);                                            that before a rule may take effect, the
                                                     • do not contain any unfunded                                                                                             Regional Administrator, Region 4.
                                                                                                                  agency promulgating the rule must
                                                  mandate or significantly or uniquely                            submit a rule report, which includes a                           40 CFR part 52 is amended as follows:
                                                  affect small governments, as described                          copy of the rule, to each House of the
                                                  in the Unfunded Mandates Reform Act                             Congress and to the Comptroller General                      PART 52—APPROVAL AND
                                                  of 1995 (Pub. L. 104–4);                                        of the United States. EPA will submit a                      PROMULGATION OF
                                                     • do not have Federalism                                     report containing this action and other                      IMPLEMENTATION PLANS
                                                  implications as specified in Executive
                                                                                                                  required information to the U.S. Senate,
                                                  Order 13132 (64 FR 43255, August 10,                                                                                         ■ 1. The authority citation for part 52
                                                                                                                  the U.S. House of Representatives, and
                                                  1999);                                                                                                                       continues to read as follows:
                                                     • are not an economically significant                        the Comptroller General of the United
                                                                                                                  States prior to publication of the rule in                       Authority: 42 U.S.C. 7401 et seq.
                                                  regulatory action based on health or
                                                  safety risks subject to Executive Order                         the Federal Register. A major rule
                                                                                                                  cannot take effect until 60 days after it                    Subpart K—Florida
                                                  13045 (62 FR 19885, April 23, 1997);
                                                     • are not a significant regulatory                           is published in the Federal Register.
                                                                                                                                                                               ■  2. Section 52.520(c) is amended:
                                                  action subject to Executive Order 13211                         This action is not a ‘‘major rule’’ as
                                                                                                                  defined by 5 U.S.C. 804(2).                                  ■  a. Under the heading ‘‘Chapter 62–210
                                                  (66 FR 28355, May 22, 2001);                                                                                                 Stationary Sources—General
                                                     • are not subject to requirements of                            Under section 307(b)(1) of the CAA,                       Requirements’’ by revising the entries
                                                  Section 12(d) of the National                                   petitions for judicial review of this                        for ‘‘62–210.200’’, ‘‘62–210.310’’ and
                                                  Technology Transfer and Advancement                             action must be filed in the United States                    ‘‘62–210.350’’;
                                                  Act of 1995 (15 U.S.C. 272 note) because                        Court of Appeals for the appropriate                         ■ b. Under the heading ‘‘Chapter 62–210
                                                  application of those requirements would                         circuit by December 5, 2017. Filing a
                                                  be inconsistent with the CAA and                                                                                             Stationary Sources—General
                                                                                                                  petition for reconsideration by the                          Requirements’’ by removing the entry
                                                     • do not provide EPA with the                                Administrator of this final rule does not
                                                  discretionary authority to address, as                                                                                       for ‘‘62–210.920’’;
                                                                                                                  affect the finality of this action for the                   ■ c. Under the heading ‘‘Chapter 62–296
                                                  appropriate, disproportionate human
                                                                                                                  purposes of judicial review nor does it                      Stationary Sources—Emission
                                                  health or environmental effects, using
                                                                                                                  extend the time within which a petition                      Standards’’ by revising the entries for
                                                  practicable and legally permissible
                                                                                                                  for judicial review may be filed, and                        ‘‘62–296.100’’, ‘‘62–296.405’’, ‘‘62–
                                                  methods, under Executive Order 12898
                                                                                                                  shall not postpone the effectiveness of                      296.406’’, ‘‘62–296.412’’, ‘‘62–296.414’’,
                                                  (59 FR 7629, February 16, 1994).
                                                     The SIP is not approved to apply on                          such rule or action. This action may not                     ‘‘62–296.418’’, ‘‘62–296.500’’ and ‘‘62–
                                                  any Indian reservation land or in any                           be challenged later in proceedings to                        296.508’’, and
                                                  other area where EPA or an Indian tribe                         enforce its requirements. (See section                       ■ d. Under the heading ‘‘Chapter 62–
                                                  has demonstrated that a tribe has                               307(b)(2)).                                                  297 Stationary Sources—Emissions
                                                  jurisdiction. In those areas of Indian                          List of Subjects in 40 CFR Part 52                           Monitoring’’ by revising the entries for
                                                  country, the rule does not have tribal                                                                                       ‘‘62–297.310’’ and ‘‘62–297.450’’.
                                                  implications as specified by Executive                            Environmental protection, Air                                 The revisions read as follows:
                                                  Order 13175 (65 FR 67249, November 9,                           pollution control, Incorporation by
                                                  2000), nor will it impose substantial                           reference, Intergovernmental relations,                      § 52.520    Identification of plan.
                                                  direct costs on tribal governments or                           Nitrogen oxides, Particulate matter,                         *       *    *        *    *
                                                  preempt tribal law.                                             Reporting and recordkeeping                                      (c) * * *

                                                                                                                  EPA-APPROVED FLORIDA REGULATIONS
                                                                                                                                  State                               EPA
                                                      State citation                        Title/subject                        effective                          approval                             Explanation
                                                        (section)                                                                  date                               date


                                                            *                          *                             *                          *                       *                        *                     *

                                                                                                      Chapter 62–210 Stationary Sources—General Requirements

                                                  62–210.200 .............   Definitions ....................................          3/28/12        10/6/17, [Insert Federal Register      Selected definitions are approved
                                                                                                                                                        citation].                             into the SIP.

                                                          *                         *                         *                              *                          *                        *                     *
                                                  62–210.310 .............   Air General Permits .....................                 6/29/11        10/6/17, [Insert Federal Register
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                                                                                                                                                        citation].
                                                  62–210.350 .............   Public Notice and Comment .......                       10/12/08         10/6/17, [Insert Federal Register      Excludes revisions state effective
                                                                                                                                                        citation].                             February 11, 1999, which
                                                                                                                                                                                               added 62–210.350(1)(c) and
                                                                                                                                                                                               62–210.350(4)(a)2, and re-
                                                                                                                                                                                               vised 62–210.350(4)(b).




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                                                                       Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations                                                      46685

                                                                                                   EPA-APPROVED FLORIDA REGULATIONS—Continued
                                                                                                                            State                               EPA
                                                      State citation                       Title/subject                   effective                          approval                          Explanation
                                                        (section)                                                            date                               date

                                                             *                        *                        *                          *                       *                      *                    *

                                                                                                       Chapter 62–296 Stationary Sources—Emission Standards

                                                  62–296.100 .............   Purpose and Scope ....................              10/6/08        10/6/17, [Insert Federal Register
                                                                                                                                                  citation].

                                                          *                          *                   *                             *                          *                      *                    *
                                                  62–296.405 .............   Fossil Fuel Steam Generators                         3/2/99        10/6/17, [Insert Federal Register
                                                                               with More Than 250 Million Btu                                     citation].
                                                                               Per Hour Heat Input.
                                                  62–296.406 .............   Fossil Fuel Steam Generators                         3/2/99        10/6/17, [Insert Federal Register
                                                                               with Less Than 250 Million Btu                                     citation].
                                                                               Per Hour Heat Input, New and
                                                                               Existing Emissions Units.

                                                          *                         *                        *                         *                          *                      *                    *
                                                  62–296.412 .............   Dry Cleaning Facilities ................            3/11/10        10/6/17, [Insert Federal Register
                                                                                                                                                  citation].
                                                  62–296.414 .............   Concrete Batching Plants ...........                1/10/07        10/6/17, [Insert Federal Register
                                                                                                                                                  citation].

                                                          *                        *                         *                         *                          *                      *                    *
                                                  62–296.418 .............   Bulk Gasoline Plants ...................            3/11/10        10/6/17, [Insert Federal Register
                                                                                                                                                  citation].

                                                          *                         *               *                                  *                          *                      *                    *
                                                  62–296.500 .............   Reasonably Available Control                        3/11/10        10/6/17, [Insert Federal Register
                                                                              Technology (RACT)—Volatile                                          citation].
                                                                              Organic Compounds (VOC)
                                                                              and Nitrogen Oxides (NOX)
                                                                               Emitting Facilities.

                                                          *                          *                    *                            *                          *                    *                   *
                                                  62–296.508 .............    Petroleum Liquid Storage ...........               10/6/08        10/6/17, [Insert Federal Register     Amendments effective 10/6/08
                                                                                                                                                  citation].

                                                             *                        *                        *                          *                       *                      *                    *

                                                                                                   Chapter 62–297 Stationary Sources—Emissions Monitoring

                                                  62–297.310 .............   General Emissions Test Require-                      3/9/15        10/6/17, [Insert Federal Register
                                                                              ments.                                                              citation].

                                                          *                        *                            *                      *                          *                      *                    *
                                                  62–297.450 .............   EPA VOC Capture               Efficiency             3/2/99        10/6/17, [Insert Federal Register
                                                                              Test Procedures.                                                    citation].

                                                             *                        *                        *                          *                       *                      *                    *



                                                  *      *       *       *      *                            ACTION:    Final rule.                                      178 (see also Unit I.C. of the
                                                  [FR Doc. 2017–21504 Filed 10–5–17; 8:45 am]                                                                            SUPPLEMENTARY INFORMATION).
                                                  BILLING CODE 6560–50–P                                     SUMMARY:   This regulation establishes                      ADDRESSES:   The docket for this action,
                                                                                                             tolerances for residues of                                  identified by docket identification (ID)
                                                                                                             florpyrauxifen-benzyl in or on rice                         number EPA–HQ–OPP–2016–0560, is
                                                  ENVIRONMENTAL PROTECTION                                   grain, freshwater fish, shellfish
                                                  AGENCY                                                                                                                 available at http://www.regulations.gov
                                                                                                             crustacean, and mollusc. Dow
                                                                                                                                                                         or at the Office of Pesticide Programs
                                                                                                             AgroSciences LLC requested these
                                                  40 CFR Part 180                                                                                                        Regulatory Public Docket (OPP Docket)
                                                                                                             tolerances under the Federal Food,
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                                                                                                                                                                         in the Environmental Protection Agency
                                                                                                             Drug, and Cosmetic Act (FFDCA).
                                                  [EPA–HQ–OPP–2016–0560; FRL–9963–66]                                                                                    Docket Center (EPA/DC), West William
                                                                                                             DATES: This regulation is effective                         Jefferson Clinton Bldg., Rm. 3334, 1301
                                                  Florpyrauxifen-Benzyl; Pesticide                           October 6, 2017. Objections and                             Constitution Ave. NW., Washington, DC
                                                  Tolerances                                                 requests for hearings must be received                      20460–0001. The Public Reading Room
                                                                                                             on or before December 5, 2017, and                          is open from 8:30 a.m. to 4:30 p.m.,
                                                  AGENCY: Environmental Protection                           must be filed in accordance with the                        Monday through Friday, excluding legal
                                                  Agency (EPA).                                              instructions provided in 40 CFR part                        holidays. The telephone number for the


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Document Created: 2017-10-06 00:08:52
Document Modified: 2017-10-06 00:08:52
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
ActionFinal rule.
DatesThis rule will be effective November 6, 2017.
ContactMichele 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]
FR Citation82 FR 46682 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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