SUPPLEMENTARY INFORMATION:

Throughout this final rule, the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple abbreviations and terms in this final rule. While this list may not be exhaustive, for ease of reading and for reference purposes, the EPA defines the following terms and acronyms here:

CAA Clean Air Act

CFR Code of Federal Regulations

EPA Environmental Protection Agency

F.A.C. Florida Administrative Code

FDEP Florida Department of Environmental Protection

FR Federal Register

NPRM Notice of Proposed Rulemaking

SIP State Implementation Plan

U.S.C. United States Code

Table of Contents

I. Background

II. Incorporation by Reference

III. Final Action

IV. Statutory and Executive Order Reviews

I. Background

The EPA is approving changes to the Florida SIP submitted by the State on August 15, 2023, regarding Chapter 62-210, Florida Administrative Code (F.A.C.), Stationary Sources—General Requirements. Specifically, Florida requested that the EPA approve the removal of Rule 62-210.360, F.A.C., Administrative Permit Corrections, in its entirety and approve changes to Rule 62-210.370, F.A.C., Emissions Computation and Reporting, and Rule 62-210.900, F.A.C., Forms and Instructions.^[1] Through a notice of proposed rulemaking (NPRM) published on May 21, 2026 (91 FR 29924), the EPA proposed to approve these changes to Florida's SIP. The details of Florida's submission, as well as the EPA's rationale for approving the changes, are described in more detail in the May 21, 2026, NPRM. Comments on the May 21, 2026, NPRM were due on or before June 22, 2026. No comments were received on the May 21, 2026, NPRM, adverse or otherwise.

II. Incorporation by Reference

In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, and as discussed in Section I of this preamble, the EPA is finalizing the incorporation by reference of Florida Rule 62-210.370, Emissions Computation and Reporting, state ( printed page 55273) effective August 25, 2014, and Rule 62-210.900, Forms and Instructions, with the exception of numbered paragraphs 1 through 4 and 7, state effective July 3, 2018, which add, update, and rename forms; renumber and update the effective dates of various forms to reflect programmatic changes; update the process for submitting forms in several of Florida's rules; and make other minor revisions.^[2] Also in this document, the EPA is finalizing the removal of Rule 62-210.360, Administrative Permit Corrections, state effective November 23, 1994, from the Florida SIP, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. The EPA has made and will continue to make the State Implementation Plan generally available 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, the revised materials as stated above, have been approved by the EPA for inclusion in the State implementation plan, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under CAA sections 110 and 113 as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.^[3]

III. Final Action

The EPA is approving the August 15, 2023, SIP revision submitted by Florida consisting of changes to Rule 62-210.370, Emissions Computation and Reporting, state effective August 25, 2014, and Rule 62-210.900, Forms and Instructions, state effective July 3, 2018. The EPA is also approving the removal of Rule 62-210.360, Administrative Permit Corrections from the Florida SIP. The EPA is approving these changes pursuant to the CAA.

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 CAA and applicable Federal regulations.^[4] Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA.

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 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 October 26, 2026. 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.^[5]

For the reasons stated in the preamble, the EPA amends 40 CFR part 52 as follows:

91 FR 55272