Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 28607 

1Throughout this document, where appropriate, 

EPA will use the acronyms ‘‘GHG’’ and ‘‘GHGs’’ to 

express the term greenhouse gas or greenhouse 

gases, respectively. 

2 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule,’’ 

75 FR 31514 (June 3, 2010) (GHG Tailoring Rule). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Operating Permit Greenhouse Gas (GHG) 

Tailoring Rule Step 3 and GHG Plantwide 

Applicability Limits,’’ 77 FR 41051 (July 12, 2012) 

(Step 3 GHG Tailoring Rule). Step 3 of the Tailoring 

Rule included revisions to the regulations at 40 CFR 

52.21 that allow GHG PALs under those regulations 

to be established on a CO2e basis in addition to the 

previously available mass basis and allow a GHGonly source to obtain a GHG PAL under those 

regulations while still maintaining its minor source 

status, so long as it complies with its PAL and its 

GHG emissions remain below the PAL. See 77 FR 

41051. 

January 2, 2014 (79 FR 5), was approved 

by OMB on April 7, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Karen Painter-Jaquess, Director, State 

Systems Office, Food and Nutrition 

Service—USDA, 3101 Park Center 

Drive, Alexandria, VA 22302; by 

telephone at (303) 844–6533. 

SUPPLEMENTARY INFORMATION: The rule 

titled Automated Data Processing and 

Information Retrieval System 

Requirements: System Testing was 

published on January 2, 2014. OMB 

cleared the associated ICR on April 7, 

2014, under OMB Control Number 

0584–0083. This document announces 

approval of the ICR. 

Dated: April 28, 2014. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2014–10239 Filed 5–16–14; 8:45 am] 

BILLING CODE 3410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0760; FRL–9909–91– 

R04] 

Approval and Promulgation of 

Implementation Plans; State of Florida: 

New Source Review—Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Department of 

Environmental Protection (FDEP), 

Division of Air Resources Management, 

to EPA on December 19, 2013. The SIP 

revision modifies Florida’s New Source 

Review (NSR) Prevention of Significant 

Deterioration (PSD) permitting 

regulations to provide FDEP with the 

authority to issue PSD permits 

governing greenhouse gas (GHG) 

emissions, to establish appropriate 

emission thresholds for determining 

which new stationary sources and 

modifications to existing stationary 

sources become subject to Florida’s PSD 

permitting requirements for their GHG 

emissions, and to facilitate the 

implementation of GHG Plantwide 

Applicability Limits (PALs) by allowing 

consideration of GHG PALs in 

determining whether GHGs are ‘‘subject 

to regulation.’’ The changes to Florida’s 

regulations also update Florida’s SIP to 

incorporate provisions addressing 

issuance of GHG PALs on a carbon 

dioxide equivalent (CO2e) basis. EPA is 

taking final action to approve Florida’s 

December 19, 2013 SIP revision because 

it is in accordance with the Clean Air 

Act (CAA or Act) and EPA regulations 

regarding the PSD permitting program. 

Concurrent with this final approval, 

EPA is rescinding the GHG PSD Federal 

Implementation Plan (FIP) for Florida 

that was put in place on December 30, 

2010, to ensure the availability of a 

permitting authority for GHG permitting 

in Florida. 

DATES: This rule is effective May 19, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0760. 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 Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 from 8:30 a.m. 

to 4:30 p.m., excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Florida SIP, 

contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa,gov. For 

information regarding Region 4 NSR and 

GHG permitting, contact Ms. Yolanda 

Adams, Air Permits Section, at the same 

address above. Ms. Adams’ telephone 

number is (404) 562–9214; email 

address: adams.yolanda@epa.gov. For 

Information regarding EPA’s GHG SIP 

Call or FIP, contact Ms. Cheryl Vetter, 

Air Quality Policy Division, Office of 

Air Quality Planning and Standards 

(C504–03), U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, telephone 

number: (919) 541–4391, facsimile 

number: (919) 541–5509, email address: 

vetter.cheryl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Effective Date of This Action 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

Florida’s December 19, 2013 SIP 

revision provides the State the authority 

to regulate GHG 1 emissions under its 

PSD program and establishes 

appropriate emission thresholds for 

determining which new stationary 

sources and modification projects 

become subject to PSD permitting 

requirements for their GHG emissions as 

promulgated in the GHG Tailoring Rule, 

75 FR 31514 (June 3, 2010).2 These GHG 

PSD applicability provisions became 

State effective on October 23, 2013. 

Additionally, Florida’s December 19, 

2013 submission reflects the fact that 

Florida has updated State law to 

incorporate by reference 3 certain 

changes made to 40 CFR part 52 related 

to the implementation of GHG PALs that 

were promulgated in EPA’s July 12, 

2012, Step 3 GHG Tailoring Rule.4 This 

change to state law results in an update 

to the incorporation by reference of the 

portions of 40 CFR 52.21 cited in 

Florida’s existing SIP-approved PAL 

regulations, such that those provisions 

now include provisions of 40 CFR 52.21 

that, among other things, address 

issuance of GHG PALs on a CO2e basis 

in addition to the available mass-basis. 

EPA’s final approval of Florida’s 

December 19, 2013 SIP revision 

includes approval of Florida’s GHG PSD 

Permit Transition Plan, under which 


TKELLEY on DSK3SPTVN1PROD with RULES
28608 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 

5 ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Federal Implementation Plan,’’ 75 FR 82246 

(December 30, 2010) (GHG PSD FIP). 

6Florida adopted into its SIP the term ‘‘PSD 

pollutant’’ (which references significant emissions 

rate) to replace the term ‘‘NSR Pollutant’’ at Rule 

62–210.200, F.A.C. as part of its February 3, 2006, 

SIP submission to adopt the 2002 NSR Reform 

permitting provisions. See 73 FR 36435 (June 27, 

2008). At that time, FDEP provided EPA with an 

equivalency demonstration establishing the 

definitions of ‘‘PSD pollutant’’ and ‘‘significant 

emissions rate’’ as being equivalent to the Federal 

definition of ‘‘regulated NSR pollutant’’ since they 

included all pollutants for which a national 

ambient air quality standard (NAAQS) had been 

promulgated, all precursors for such pollutants 

which had been identified by the Administrator, all 

pollutants subject to standards promulgated under 

section 111 of the Act, and all pollutants regulated 

under the Act. Florida’s definitions however lacked 

the catch-all phrase ‘‘subject to regulation,’’ which 

is part of the Federal definition of ‘‘regulated NSR 

pollutant.’’ Florida explained that if any new 

pollutant or precursor subsequently became 

‘‘subject to regulation,’’ Florida would revise its SIP 

to include such new pollutant or precursor soon 

thereafter. 

7Chapter 62–210, F.A.C., also establishes general 

permitting, public notice, reporting, and permit 

application requirements. Chapter 62–212, F.A.C., 

entitled ‘‘Stationary Sources—Preconstruction 

Review’’ contains specific preconstruction 

permitting requirements for various types of air 

construction permits, including minor source 

permits, PSD permits, nonattainment new source 

review permits, and PALs permits. Rule 62– 

212.400, F.A.C. contains the State’s PSD 

preconstruction review program as required under 

part C of title I of the CAA. The PSD program 

applies to major stationary sources or modifications 

constructing in areas that are designated as 

attainment or unclassifiable with respect to the 

NAAQS. 

8When FDEP incorporates by reference a Federal 

regulation, any subsequent change to the Federal 

CFR is not automatically incorporated into Florida’s 

rules. See Section 120.54(1)(i)1., F.S. (‘‘A rule may 

incorporate material by reference but only as the 

material exists on the date the rule is adopted.’’). 

9The incorporation by reference of the CFR (such 

as 40 CFR 52.21) at 62–204.800 does not by itself 

make those regulations applicable within Florida’s 

SIP regulations; it’s the actual reference to State 

Rule 62–204.800 within Florida regulations that 

makes the Federal regulation applicable. In other 

words, Rule 62–204.800, F.A.C., is the mechanism 

Florida uses to make specific Federal requirements 

applicable within SIP-approved regulations. 

EPA will transfer existing EPA-issued 

GHG permits for Florida sources to 

Florida for administration and 

enforcement. Florida’s Transition Plan 

also included that EPA would retain 

PSD permit implementation authority 

(under 40 CFR 52.21) for pending GHG 

permit applications, draft permits, and 

final permits for which final agency 

action has not been taken or for which 

all administrative and judicial appeals 

processes pursuant to 40 CFR part 124 

(including any associated remand 

actions) have not been completed by the 

effective date of today’s final action. 

However, because there are no such 

GHG PSD permits (as describe above) 

before EPA for review or process, this 

portion of Florida’s GHG Transition 

Plan (the management of pending GHG 

PSD projects) is no longer applicable. 

Therefore, EPA is not taking final action 

to retain implementation authority 

(under 40 CFR 52.21) for pending GHG 

permit applications, draft permits, and 

final permits for which final agency 

action has not been taken or for which 

all administrative and judicial appeals 

processes pursuant to 40 CFR part 124 

(including any associated remand 

actions) have not been completed by the 

effective date of today’s final action. 

Florida will assume full responsibility 

for the administration and 

implementation of such GHG PSD 

permits immediately upon notification 

from EPA that all administrative and 

judicial appeals processes and any 

associated remand actions have been 

completed or concluded for any such 

permit application. 

On December 30, 2010, EPA 

promulgated a GHG PSD FIP for Florida 

(among other states/areas) to ensure the 

availability of a permitting authority for 

GHGs where no authority was 

available.5 See 75 FR 82246. Concurrent 

with this final approval, EPA is 

rescinding the GHG PSD FIP for Florida 

at 40 CFR 52.37 that was put in place 

on December 30, 2010, to ensure EPA 

was the GHG permitting authority in the 

State of Florida. 

Detailed background information for 

today’s final rule including EPA’s 

national actions pertaining to PSD 

permitting of sources of GHGs is 

provided in EPA’s January 7, 2014, 

proposed rulemaking. See 79 FR 778. 

Comments on the proposed rulemaking 

were due on or before February 6, 2014, 

and EPA received one comment on the 

proposed rulemaking. The comment 

received was related to the use of E15 

(15 percent ethanol) in gasoline for 

motorcycles and is irrelevant to EPA’s 

action to approve Florida’s December 

19, 2013 SIP revision to adopt PSD 

permitting provisions to regulate GHGemitting sources in the State. Therefore, 

EPA need not provide a response to this 

comment for today’s final rulemaking. 

Pursuant to section 110 of the CAA, 

EPA is now taking final action to 

approve the changes to Florida’s NSR 

PSD program as submitted in its 

December 19, 2013 SIP revision, and to 

rescind the GHG FIP for Florida at 40 

CFR 52.37(b)(3). 

II. This Action 

EPA is taking final action to approve 

Florida’s December 19, 2013 SIP 

revision to adopt the Federal PSD 

permitting requirements related to the 

regulation of GHG-emitting sources. 

Florida’s NSR permitting program is 

based on the application of the term 

‘‘PSD pollutant’’ at Rule 62– 

210.200(234), F.A.C. Florida previously 

defined ‘‘PSD pollutant’’ 6 as any 

pollutant listed as having a ‘‘significant 

emission rate’’ as defined in Rule 62– 

210.200. Chapter 62–210, F.A.C. entitled 

‘‘Stationary Sources—General 

Requirements,’’ contains definitions of 

terms (at Rule 62–210.200, F.A.C.) used 

in Chapter 62–212, F.A.C.,7 as well as 

other stationary source rules. Florida’s 

December 19, 2013 SIP submission 

revises the definition of ‘‘PSD 

pollutant’’ at 62–210.200 to incorporate 

the term ‘‘regulated NSR pollutant’’ as 

defined in 40 CFR 52.21(b)(50), which 

in turn references the term ‘‘subject to 

regulation’’ (defined at 40 CFR 

52.21(b)(49)). The definition of ‘‘subject 

to regulation’’ at 40 CFR 52.21(b)(49) 

specifies the circumstances under 

which GHGs are considered subject to 

regulation and therefore regulated under 

the PSD program. The term ‘‘subject to 

regulation’’ in turn references the PAL 

provisions at 52.21(aa)(1) through (15) 

and, as explained in more detail below, 

would allow consideration of GHG 

PALs in determining whether GHGs are 

‘‘subject to regulation.’’ In relevant part, 

Florida’s revised definition of ‘‘PSD 

pollutant’’ provides: 

62–210.200—PSD pollutant—(a) Any 

pollutant listed as having a significant 

emission rate as defined in Rule 62–210.200, 

F.A.C.; and (b) Any Regulated NSR Pollutant 

as defined at 40 CFR 52.21(b)(50) and as 

adopted and incorporated by reference at 

Rule 62–204.800, F.A.C. 

As provided in the December 19, 2013 

SIP submission, Florida’s amendment to 

‘‘PSD pollutant’’ to include the phrase 

‘‘Any Regulated NSR Pollutant’’ as 

defined at 40 CFR 52.21(b)(50) does not, 

in and of itself, provide Florida the 

authority to regulate GHGs in its PSD 

program. Florida’s State Rule 62– 

204.800, F.A.C., incorporation by 

reference the relevant section of the 

Code of Federal Regulations (CFR) 

(including 40 CFR 52.21) into the 

Florida regulations, as well as specified 

amendments thereto.8 To ‘‘activate’’ the 

applicability of a Federal rule within 

Florida’s regulations, the state 

references Rule 62–204.800, F.A.C. 

within the state regulations (such as 62– 

210.200).9 The previous incorporation 

by reference of Federal provisions at 40 

CFR 52.21 into State Rule 62–204.800, 

F.A.C. predated EPA’s adoption of the 

GHG Tailoring Rule and the Step 3 GHG 

Tailoring Rule. In order for the 

incorporation by reference of EPA’s 

updated definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 52.21(b)(50) to be 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 28609 

10Florida’s Rule 62–204.800, F.A.C., is a state 

law. Therefore the amendment to update the 

incorporation by reference date for 40 CFR 52.21 at 

62–204.800 is not part of the State’s December 19, 

2013 SIP revision. However, as noted, without it the 

reference to 40 CFR 52.21(b)(50) in the definition 

of ‘‘PSD pollutant’’ would be referring to an older 

version of 40 CFR 52.21 which did not include the 

GHG Tailoring Rule’s regulatory amendments for 

regulated NSR pollutant and the inclusion of 

‘‘subject to regulation’’ (nor the Step 3 GHG 

Tailoring Rule) 

11EPA initially adopted the PAL regulations into 

the Florida SIP on June 27, 2008, at Rule 62– 

212.720, F.A.C., as part of the State’s February 3, 

2006, SIP submission to adopt the 2002 NSR 

Reform permitting provisions (which established 

the PALs provisions). See 73 FR 36435. In relevant 

part, Florida’s regulations at 62–212.720, F.A.C., 

incorporation by reference specific provisions from 

EPA’s PAL rules at 40 CFR 52.21(aa), adopted by 

reference in Rule 62–204.800, F.A.C. The relevant 

portion of the updated version of Florida’s Rule 62– 

204.800, F.A.C., states: ‘‘(3) Title 40, Code of 

Federal Regulations, Part 52, Approval and 

Promulgation of Implementation Plans. The 

following subparts of 40 CFR Part 52, revised as of 

July 1, 2003, or later as specifically indicated, are 

adopted and incorporated by reference: (a) 40 CFR 

Part 52, Subpart A, General Provisions; revised as 

of July 1, 2011 (https://www.flrules.org/Gateway/

reference.asp?No=Ref-03499), or later as 

specifically indicated, are adopted and incorporated 

by reference; amended July 12, 2012, at 77 FR 

41051 (https://www.flrules.org/Gateway/

reference.asp?No=Ref-03489); amended October 25, 

2012, at 77 FR 65107 (https://www.flrules.org/

Gateway/reference.asp?No=Ref-03486); amended 

January 15, 2013, at 78 FR 3085 (https://

www.flrules.org/Gateway/reference.asp?No=Ref03487).’’ The July 12, 2012 amendments at 77 FR 

41051 are those made under the Step 3 GHG 

Tailoring Rule described earlier in this preamble. 

See also 77 FR 41051. Therefore, the specific 

provisions of 40 CFR 52.21 that are incorporated 

into Florida’s regulations include any amendments 

made as part of the Step 3 Tailoring Rule. 

12This includes authority for the general 

administration of these existing permits, authority 

to process and issue any and all subsequent PSD 

permit actions relating to such permits including, 

but not limited to, modifications, amendments, or 

revisions of any nature, and the authority to enforce 

such permits. 

13At the time this final rulemaking was 

published, EPA Region 4 had issued four, final and 

effective GHG PSD permits for Florida sources for 

Florida Power & Light Company (FPL)—Port 

Everglades Plant (Permit PSD–EPA–R4010), Tampa 

Electric Company—Polk Power Station (Permit 

PSD–EPA–R4014), EFS Shady Hills LLC—Shady 

Hills Generating Station (Permit PSD–EPA–R4013) 

and New Hope (Permit PSD–EPA–R4016). EPA has 

provided FDEP with a copy of these permits and 

will provide a copy of the permit records upon 

request. 

14 In FDEP’s GHG Transition Plan the State 

indicated that EPA would retain GHG PSD permit 

implementation authority for pending applications 

and/or permits or final permits (not yet effective) 

in various stages of process and review. 

applicable in Florida’s regulations, 

FDEP amended State Rule 62.204.800, 

F.A.C., to incorporation by reference 40 

CFR 52.21, Subpart A as of July 1, 2011, 

and as amended on July 12, 2012 at 77 

FR 41051. This amendment to Rule 62– 

204.800 became state effective on 

December 17, 2013.10 This change 

incorporates into the F.A.C. the 

applicable GHG regulations established 

in the GHG Tailoring Rule and ensures 

that the provisions of 40 CFR 52.21 

incorporated into Florida’s regulations 

reflect revisions in the PALs program to 

address GHGs that were finalized in the 

Step 3 GHG Tailoring Rule. 

In addition to ensuring that Florida’s 

definition of ‘‘PSD pollutant’’ 

incorporates the EPA’s updated 

definition of ‘‘regulated NSR pollutant,’’ 

Florida’s updated incorporation by 

reference of 40 CFR 52.21 in State Rule 

62–204.800, F.A.C. results in an update 

to the incorporation by reference of 

portions of 40 CFR 52.21 cited in 

Florida’s existing SIP-approved PAL 

regulations in Florida’s PSD Rule 62– 

212.720, F.A.C.11 This update 

incorporates changes made to 40 CFR 

52.21 promulgated in the July 12, 2012 

Step 3 GHG Tailoring Rule. Step 3 of the 

Tailoring Rule finalized revisions to the 

regulations at 40 CFR 52.21 to enable 

the establishment of GHG PALs on a 

CO2e basis in addition to the available 

mass-basis and to allow a GHG-only 

source to apply for a GHG PAL while 

still maintaining its minor source status. 

See 77 FR 41051 and 79 FR 778. 

Therefore, taken together, Florida’s 

amendment to the definition of ‘‘PSD 

pollutant’’ at Rule 62–210.200, F.A.C., 

and its update to the incorporation by 

reference of 40 CFR 52.21 in State Rule 

62–204.800 provide Florida the 

authority to regulate GHG under the 

PSD program, establish in the Florida 

SIP the thresholds for GHG permitting 

promulgated in the GHG Tailoring Rule, 

and update provisions previously 

incorporated into Florida’s regulations 

to reflect the revisions relating to GHG 

PALs promulgated in the Step 3 GHG 

Tailoring Rule. 

As discussed in EPA’s January 7, 

2014, proposed rulemaking, Florida 

included a GHG PSD Permit Transition 

Plan in its December 19, 2013 SIP 

submission. See GHG Transition Plan in 

Appendix B of Florida’s December 19, 

2013 submission in the docket using 

Docket ID: EPA–R04–OAR–2013–0760. 

Under the plan, FDEP would exercise its 

authority to administer and enforce 

GHG PSD permits issued by EPA under 

its FIP to sources located in the State of 

Florida.12 Pursuant to the criteria under 

section 110(a)(2)(E)(i) of the CAA, EPA 

has determined that Florida has the 

authority, personnel, and funding to 

implement the PSD program for GHGs 

for existing EPA-issued permits. 

Therefore, concurrent with EPA’s 

approval of Florida’s December 19, 2013 

GHG SIP revision, EPA will transfer 

existing EPA-issued GHG permits for 

Florida sources to FDEP for 

administration and enforcement.13

In EPA’s January 7, 2014 rulemaking 

the Agency proposed to retain GHG PSD 

permit implementation authority at 40 

CFR 52.530 for pending applications, 

draft permits, and final permits for 

which final agency action had not been 

taken or for which all administrative 

and judicial appeals processes pursuant 

to 40 CFR part 124 (including any 

associated remand actions).14 See 79 FR 

778 at 783. However, since publication 

of EPA’s proposed rule, the 

administrative and procedural status of 

Florida GHG PSD permits have changed 

resulting in four final GHG PSD permits 

being issued and three permits 

withdrawn by the respective facilities. 

Therefore at the time of finalization of 

this rulemaking, no such GHG PSD 

permits in various stages described 

above were before EPA for review. For 

that reason, the retaining of GHG PSD 

permit implementation authority at 40 

CFR 52.530 is no longer relevant nor 

required. Therefore, EPA is not taking 

final action to retain implementation 

authority at 40 CFR 52.51 for pending 

applications, draft permits, and final 

permits for which final agency action 

had not been taken or for which all 

administrative and judicial appeals 

processes pursuant to 40 CFR part 124 

(including any associated remand 

actions). EPA is not altering FDEP’s 

original GHG Transition Plan but rather 

adapting to the current circumstances. 

As mentioned above and as a result of 

this approval, EPA is rescinding the 

GHG PSD FIP for Florida codified at 40 

CFR 52.37(b)(3) that was put in place on 

December 30, 2010, to ensure EPA was 

the applicable permitting authority for 

GHG permitting in Florida. This GHG 

FIP is no longer necessary since 

approval of Florida’s December 19, 2013 

SIP revision establishes PSD 

applicability thresholds for GHG 

emissions at the same emissions 

thresholds and in the same timeframes 

as those specified by EPA in the GHG 

Tailoring Rule, giving FDEP the 

authority to regulate GHG-emitting 

sources and to issue GHG PSD permits. 

Therefore, this final action removes 

Florida from the GHG FIP list at 40 CFR 

52.37(b)(3). Upon the effective date of 

today’s final rulemaking to approve the 

Florida’s December 19, 2013 SIP 

revision, FDEP will immediately assume 

full responsibility for new GHG PSD 

applications for Florida sources. As 

such, new applications will be 

submitted to and processed by FDEP’s 

Division of Air Resource Management. 

III. Effective Date of This Action 

EPA is making May 19, 2014 the 

effective date of today’s final action. In 


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28610 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 

accordance with 5 U.S.C. 553(d), EPA 

finds there is good cause for this action 

to become effective on May 19, 2014. 

The May 19, 2014, effective date for this 

action is authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after and 

section 553(d)(3), which allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ The purpose 

of the 30-day waiting period prescribed 

in section 553(d) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before, the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s final 

rule provides Florida with the authority 

to regulate GHG-emitting sources 

making FDEP the sole PSD permitting 

authority in the State. Additionally, an 

immediate effective date would promote 

an orderly transition of the GHG PSD 

program from the EPA to Florida, the 

efficient use of Florida’s and EPA’s 

resources, and certainty for the 

regulated community and the public. 

For this reason, EPA finds good cause 

under 5 U.S.C. 553(d)(3) for this action 

to become effective May 19, 2014. 

IV. Final Action 

Florida’s December 19, 2013 SIP 

revision amends the State’s definition of 

‘‘PSD pollutant’’ to provide Florida with 

the authority to regulate GHG under its 

PSD program, to establish PSD 

applicability thresholds for GHG 

emissions at the same emissions 

thresholds and in the same timeframes 

as those specified by EPA in the GHG 

Tailoring Rule, and to facilitate the 

implementation of GHG PALs by 

allowing consideration of GHG PALs in 

determining whether GHGs are ‘‘subject 

to regulation.’’ The changes to Florida’s 

regulations also update Florida’s SIP to 

incorporate provisions addressing 

issuance of GHG PALs on a CO2e basis. 

EPA has made the determination that 

Florida’s December 19, 2013 SIP 

revision is consistent with EPA’s PSD 

regulations for GHG-emitting sources as 

promulgated in the GHG Tailoring Rule, 

Step 3 GHG Tailoring Rule and section 

110 of the CAA. Therefore, EPA is 

taking final action to approve Florida’s 

December 19, 2013 SIP submission. 

EPA is also taking final action to 

rescind the Florida GHG PSD FIP at 40 

CFR 52.37(b)(3). EPA’s approval of 

Florida’s December 19, 2013 SIP 

revision includes approval of FDEP’s 

GHG PSD Permit Transition Plan, under 

which EPA will transfer existing EPAissued GHG permits for Florida sources 

to Florida for administration and 

enforcement. However, EPA is not 

taking final action to retain PSD permit 

implementation authority at 40 CFR 

52.530 for pending GHG permit 

applications, draft permits, and final 

permits for which final agency action 

has not been taken or for which all 

administrative and judicial appeals 

processes pursuant to 40 CFR part 124 

(including any associated remand 

actions) have not been completed by the 

effective date of today’s final action 

because there are currently no such 

GHG PSD permits before the agency for 

review. Additionally, EPA finds good 

cause under 5 U.S.C. 553(d) for this 

action to become effective May 19, 2014. 

Upon the effective date of today’s final 

rulemaking to approve the Florida’s 

December 19, 2013 SIP revision, FDEP 

will immediately assume full 

responsibility for new GHG PSD 

applications for Florida sources. As 

such, new applications will be 

submitted to and processed by FDEP’s 

Division of Air Resource Management. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. because this 

SIP approval and FIP rescission under 

section 110 and part C of the CAA will 

not in-and-of itself create any new 

information collection burdens but 

simply transfers the permitting 

authority from EPA to the State. Burden 

is defined at 5 CFR 1320.3(b). Because 

this final action does not impose an 

information collection burden, the 

Paperwork Reduction Act does not 

apply. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule will transfer GHG PSD 

permitting responsibility from EPA to 

the State of Florida. This final rule 

applies to large GHG emitters that tend 

to be large sources. Further, this rule 

will not have a significant impact on a 

substantial number of small entities 

because SIP approvals under section 

110 and part C of the CAA do not create 

any new requirements but simply 

approve existing requirements in State 

law. The result of this final action 

simply is to transfer authority to 

administer the PSD program for GHGs 

from EPA to the State of Florida. The 

substantive requirement for a source to 

obtain a PSD permit prior to 

construction of a new major source of 

GHGs or modification of an existing 

major source that will significantly 

increase GHGs is not changed by this 

final action. After considering the 

economic impacts of this rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any new 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no additional 

enforceable duty on any State, local or 

tribal governments or the private sector 

beyond that required by state law. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action transfers permitting 

responsibility of GHG emissions from 


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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 28611 

EPA to the State of Florida. Small 

governments are not impacted. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on Florida, on the 

relationship between the national 

government and the State of Florida, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

specifies conditions under which states 

may request, and EPA may approve 

state implementation of CAA 

requirements. This rulemaking approves 

PSD permitting provisions in the State 

of Florida for GHG emissions, and as a 

consequence of the SIP approval, 

simultaneously rescinds Federal PSD 

permitting responsibility for GHG 

emissions in Florida. This rulemaking is 

pursuant to the SIP approval and 

requirements of the CAA. As such, this 

final rule does not change the balance 

of power between Florida and EPA as 

provided for in the CAA. Thus, 

Executive Order 13132 does not apply 

to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicited comment on the 

proposed action from State and local 

officials. EPA received no comments 

from state or local governments on this 

rulemaking. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). In this action, EPA is not 

addressing any Tribal Implementation 

Plans. This action is limited to Florida’s 

SIP related to GHG PSD permitting. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because EPA is approving 

revisions to the Florida PSD SIP for 

permitting of GHG emissions, as 

authorized by the CAA. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA did not consider the use 

of any voluntary consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not alter the level of protection provided 

to human health or the environment by 

the PSD program. Rather, the result of 

this final action is to transfer authority 

over the administration of CAA 

requirements governing PSD permitting 

for GHGs from EPA to the State of 

Florida. This transfer of authority will 

not have any disproportionately high 

and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. This final rule 

approves the Florida SIP as meeting 

Federal requirements for GHG PSD 

permitting and imposes no additional 

requirements beyond those imposed by 

Florida law. 

K. Congressional Review Act 

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). 

L. Petitions for Judicial Review 

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 July 18, 2014. 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 CAA 

section 307(b)(2); 5 U.S.C. 7607(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gas, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: May 1, 2014. 

Gina McCarthy, 

Administrator, U.S. EPA. 

40 CFR part 52 is amended as follows: 


TKELLEY on DSK3SPTVN1PROD with RULES
28612 Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Rules and Regulations 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.37 [Amended] 

■ 2. Section 52.37 is amended by 

removing and reserving paragraph 

(b)(3). 

Subpart K—Florida 

■ 3. Section 52.520(c) is amended under 

Chapter 62–210 by revising the entry for 

‘‘Section 62–210.200’’, by revising the 

heading for Chapter 62–212, and under 

Chapter 62–212 by revising the entry for 

‘‘ ‘‘Section 62–212.720’’ to read as 

follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation Title/subject State effective 

date EPA Approval date Explanation 

*******

Chapter 62–210 Stationary Sources—General Requirements 

*******

62–210.200 ..... Definitions .............................. 10/23/13 5/19/14 [Insert citation of publication].As of September 19, 2012, 61–210.200 does 

not include Florida’s revision to adopt the 

PM2.5 SILs threshold and provisions (as 

promulgated in the October 20, 2010, 

PM2.5 PSD Increment-SILs-SMC Rule at 

40 CFR 52.21(k)(2)). 

* * * * * * * 

Chapter 62–212 Stationary Sources—Preconstruction Review 

*******

62–212.720 ..... Actuals Plantwide Applicability Limits (PALs).12/17/2013 5/19/14 [Insert citation of publication].As of May 19, 2014 the PAL provisions include certain revisions to 40 CFR 52.21 finalized July 12, 2012 (Step 3 GHG Tailoring Rule) and relating to GHG PALs, 

which are incorporated by reference at 

62–212.720 through Florida State Rule 

62.204.800, F.A.C., (which incorporates by 

reference 40 CFR 52.21, subpart A as of 

July 1, 2011, and as amended on July 12, 

2012 at 77 FR 41051. December 17, 

2013.) 

* * * * * * * 

* * * * * 

■ 4. Section 52.530 is amended by 

adding paragraph (b) to read as follows: 

§ 52.530 Significant deterioration of air 

quality. 

* * * * * 

(b) Pursuant to part C, subpart 1 of the 

Clean Air Act, EPA is approving a 

December 19, 2013 SIP revision 

submitted by the State of Florida, 

through the Florida Department of 

Environmental Protection (FDEP), 

Division of Air Resource Management 

that establishes prevention of significant 

deterioration (PSD) applicability 

thresholds for greenhouse gas (GHG) 

emissions at the same emissions 

thresholds and in the same timeframes 

as those specified by EPA in the GHG 

Tailoring Rule. This approval gives 

FDEP the authority to regulate GHGemitting sources and issue GHG PSD 

permits. FDEP’s December 19, 2013 SIP 

revision also includes a GHG PSD 

Permit Transition Plan which governs 

the transition from EPA administering 

GHG PSD permitting requirements for 

Florida sources under a Federal 

Implementation Plan (FIP) to the State 

administering GHG PSD permitting 

requirements under its approved SIP. 

Under this GHG PSD Permit Transition 

Plan, FDEP will administer and enforce 

GHG PSD permits issued by EPA to 

Florida sources under the GHG PSD FIP. 

FDEP’s authority over these existing 

EPA-issued GHG PSD permits includes 

the authority for FDEP to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

* * * * * 

[FR Doc. 2014–11211 Filed 5–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0196; FRL–9909–71– 

Region 9] 

Revisions to the California State 

Implementation Plan, Ventura County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 


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