Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12143 

Administration Size Standards define 

‘‘small entities’’ as for-profit or 

nonprofit institutions with total annual 

revenue below $7,000,000 or, if they are 

institutions controlled by small 

governmental jurisdictions (that are 

comprised of cities, counties, towns, 

townships, villages, school districts, or 

special districts), with a population of 

less than 50,000. 

The small entities that this proposed 

regulatory action would affect are public 

or private nonprofit agencies and 

organizations, including Indian Tribes 

and IHEs that may apply. We believe 

that the costs imposed on an applicant 

by the proposed priority and 

requirements would be limited to 

paperwork burden related to preparing 

an application and that the benefits of 

the proposed priority and requirements 

would outweigh any costs incurred by 

the applicant. There are very few 

entities that could provide the type of 

technical assistance required under the 

proposed priority and requirements. For 

these reasons, the proposed priority and 

requirements would not have a 

significant impact on a substantial 

number of small entities. 

Paperwork Reduction Act of 1995: 

The proposed priority and requirements 

contain information collection 

requirements that are approved by OMB 

under OMB control number 1820–0018. 

The proposed priority and requirements 

do not affect the currently approved 

data collection. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: On request to the 

contact person listed under FOR FURTHER

INFORMATION CONTACT, individuals with 

disabilities can obtain this document in 

an accessible format. The Department 

will provide the requestor with an 

accessible format that may include Rich 

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other accessible format. 

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Specifically, through the advanced 

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the Department. 

David Cantrell, 

Deputy Director, Office of Special Education 

Programs. Delegated the Authority To Perform 

the Functions and Duties of the Assistant 

Secretary for the Office of Special Education 

and Rehabilitative Services. 

[FR Doc. 2021–04369 Filed 2–26–21; 4:15 pm] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0459; FRL–10017– 

93–Region 4] 

Air Plan Approval; FL; Prevention of 

Significant Deterioration Infrastructure 

Elements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Florida State 

Implementation Plan (SIP), submitted 

by the Florida Department of 

Environmental Protection (FDEP), 

Division of Air Resources Management, 

to EPA on August 26, 2020. The Clean 

Air Act (CAA or Act) requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each national ambient 

air quality standard (NAAQS) 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

This submission addresses certain 

greenhouse gas (GHG) Prevention of 

Significant Deterioration (PSD) 

permitting requirements for the 2008 

and 1997 8-hour ozone and the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) NAAQS. 

Additionally, EPA is proposing to 

convert the previous disapprovals of 

Florida’s infrastructure SIPs related to 

the CAA GHG PSD permitting 

requirements for the above NAAQS to 

full approvals. 

DATES: Comments must be received on 

or before April 1, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0459 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Pearlene Williams, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9144. Ms. Williams can also be reached 

via electronic mail at 

williams.pearlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIP 

revisions meeting the applicable 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) requires states to 

address basic SIP elements such as 

requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. States were previously 

required to submit such SIPs for the 

2008 and 1997 8-hour ozone and the 

1997 annual and 2006 24-hour PM2.5

NAAQS to EPA within three years of 

promulgation of the respective NAAQS. 

This action only pertains to sections 

110(a)(2)(C), (D)(i)(II), and (J) as they 


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12144 Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 

1See section II for a description of these CAA 

infrastructure SIP elements. 

2Florida’s NNSR program is not relevant to this 

proposed action as it is limited to the regulation of 

GHGs under the State’s PSD program. 

relate to GHG under a SIP-approved 

PSD permitting program.1

On July 30, 2012 (77 FR 44485), EPA 

disapproved portions of Florida’s 1997 

8-hour ozone infrastructure SIP 

submission related to GHG PSD 

permitting requirements under section 

110(a)(2)(C) and section 110(a)(2)(J). The 

disapproval action was a result of 

Florida not submitting a SIP revision to 

adopt the 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. See 75 FR 31514 (June 

3, 2010). 

On April 3, 2013 (78 FR 19998), EPA 

disapproved the portion of Florida’s 

infrastructure SIP submission for both 

the 1997 annual and 2006 24-hour PM2.5

NAAQS related to GHG PSD permitting 

requirements under the section 

110(a)(2)(D)(i)(II) provision that 

prohibits emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state. The Florida SIP 

for these two standards did not provide 

adequate legal authority to address the 

GHG PSD permitting requirements at or 

above the levels of emissions set forth 

in the June 3, 2010, GHG Tailoring Rule. 

On November 1, 2013 (78 FR 65559), 

EPA disapproved portions of Florida’s 

2008 8-hour ozone infrastructure SIP 

submission related to GHG PSD 

permitting requirements under section 

110(a)(2)(C), the section 

110(a)(2)(D)(i)(II) provision that 

prohibits emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state, and section 

110(a)(2)(J). The disapproval was a 

result of Florida not submitting a SIP 

revision to adopt the 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 

June 3, 2010, GHG Tailoring Rule. 

In summary, for the 2008 and 1997 8- 

hour ozone and the 1997 annual and 

2006 24-hour PM2.5 NAAQS, Florida’s 

SIP did not address or provide adequate 

legal authority for the implementation 

of a GHG PSD program in Florida. 

On May 19, 2014 (79 FR 28607), EPA 

approved Florida’s December 19, 2013, 

SIP revision that amended 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 June 3, 

2010, GHG Tailoring Rule. Based on this 

May 19, 2014 approval, the Florida SIP 

addressed the GHG requirements for 

PSD as specified in the June 3, 2010, 

GHG Tailoring Rule. 

II. Analysis of Florida’s Submission 

A. Section 110(a)(2)(C) Programs for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 

This element consists of three subelements: Enforcement, state-wide 

regulation of new and modified minor 

sources and minor modifications of 

major sources, and preconstruction 

permitting of new major sources and 

major modifications in areas designated 

attainment or unclassifiable for the 

subject NAAQS as required by CAA title 

I part C (i.e., the major source PSD 

program). 

This proposed action pertains to the 

PSD permitting for new major sources 

and major modifications for the 2008 

and 1997 8-hour ozone NAAQS. EPA 

interprets the PSD sub-element to 

require that a state’s infrastructure SIP 

submission for a particular NAAQS 

demonstrate that the state has a 

complete PSD permitting program in 

place covering the current PSD 

requirements for all regulated NSR 

pollutants. A state’s PSD permitting 

program is complete for this subelement (and (D)(i)(II) and (J) related to 

PSD) if EPA has already approved or is 

simultaneously approving the state’s 

implementation plan with respect to all 

PSD requirements that are due under 

the EPA regulations or the CAA. 

FDEP’s August 26, 2020, submission 

cited a number of SIP provisions to 

address the major source PSD program. 

Florida’s authority to regulate new and 

modified sources to assist in the 

protection of air quality in attainment or 

unclassifiable areas is established in 

Chapter 62–210 and Chapter 62–212 of 

the Florida SIP. Under Florida’s SIP, 

new major sources and major 

modifications in areas of the State 

designated attainment or unclassifiable 

for a NAAQS are subject to a federallyapproved PSD permitting program 

meeting all the current structural 

requirements of part C of title I of the 

CAA to satisfy the infrastructure SIP 

PSD elements. With EPA’s May 19, 2014 

approval of Florida’s SIP revision to 

address GHG under its PSD program in 

accordance with the GHG Tailoring 

Rule, Florida’s SIP satisfied current 

CAA requirements for PSD. Therefore, 

EPA has made the preliminary 

determination that Florida’s SIP and 

practices are adequate for PSD 

permitting related to GHGs for major 

sources and major modifications as 

required by section 110(a)(2)(C) for the 

2008 and 1997 8-hour ozone NAAQS. 

B. Section 110(a)(2)(D)(i)(I) and (II) 

Interstate Pollution Transport 

Section 110(a)(2)(D)(i) has two 

components: 110(a)(2)(D)(i)(I) and 

110(a)(2)(D)(i)(II). Each of these 

components has two subparts resulting 

in four distinct components, commonly 

referred to as ‘‘prongs,’’ that must be 

addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), are provisions that 

prohibit any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in another 

state (‘‘prong 1’’) and interfering with 

maintenance of the NAAQS in another 

state (‘‘prong 2’’). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state (‘‘prong 3’’), or 

to protect visibility in another state 

(‘‘prong 4’’). 

This proposed action pertains to 

110(a)(2)(D)(i)(II)—prong 3 for the 2008 

8-hour ozone and the 1997 annual and 

2006 24-hour PM2.5 NAAQS. This 

requirement may be met by a state’s 

confirmation in an infrastructure SIP 

submission that new major sources and 

major modifications in the state are 

subject to a PSD program meeting 

current structural requirements of part C 

of title I of the CAA, or if the state 

contains nonattainment areas that have 

the potential to impact PSD in another 

state, a nonattainment new source 

review (NNSR) program.2 A state’s PSD 

permitting program satisfies prong 3 if 

EPA has already approved or is 

simultaneously approving the state’s 

implementation plan with respect to all 

PSD requirements that are due under 

EPA regulations or the CAA on or before 

the date of EPA’s proposed action on the 

infrastructure SIP submission. 

As explained in the discussion of 

section 110(a)(2)(C), Florida’s SIP 

contains provisions for the State’s PSD 

program that reflect the required 

structural PSD requirements to satisfy 

prong 3 of section 110(a)(2)(D)(i)(II). 

Florida addresses prong 3 for PSD 


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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules 12145 

through Chapters 62–204, 62–210, and 

62–212. EPA has made the preliminary 

determination that Florida’s SIP and 

practices are adequate for interstate 

transport for PSD permitting of major 

sources and major modifications related 

to GHGs for the 2008 8-hour ozone and 

the 1997 annual and 2006 24- hour 

PM2.5 NAAQS for section 

110(a)(2)(D)(i)(II) (prong 3). 

C. 110(a)(2)(J) Consultation With 

Government Officials, Public 

Notification, and PSD and Visibility 

Protection 

This element consists of four subelements: Consultation requirements of 

section 121, the public notification 

requirements of section 127, PSD, and 

visibility protection. This action 

pertains to the PSD element of section 

110(a)(2)(J) for GHGs for the 2008 and 

1997 8-hour ozone NAAQS. 

With regard to the PSD element of 

section 110(a)(2)(J), this requirement is 

met when a state demonstrates in an 

infrastructure SIP submission that its 

PSD program meets all the current 

requirements of part C of title I of the 

CAA. As explained in the discussion of 

section 110(a)(2)(C), Florida’s SIP 

contains provisions in Chapters 62–210 

and 62–212 for the State’s PSD program 

that reflect the relevant SIP revisions to 

satisfy the requirement of the PSD 

element of section 110(a)(2)(J). EPA has 

made the preliminary determination 

that Florida’s SIP is adequate for PSD 

permitting of major sources and major 

modifications related to GHGs for the 

2008 and 1997 8-hour ozone NAAQS for 

section 110(a)(2)(J). 

III. Proposed Action 

EPA is proposing to approve revisions 

to the Florida SIP, submitted on August 

26, 2020, related to sections 

110(a)(2)(C), (D)(i) (prong 3), and (J) as 

they relate to new major sources and 

major modifications in areas of the State 

designated attainment or unclassifiable. 

EPA has made the preliminary 

determination that Florida’s SIP and 

practices are adequate for GHG PSD 

permitting of major sources and major 

modifications related to the 2008 8-hour 

ozone NAAQS for sections 110(a)(2)(C), 

(D)(i) (prong 3), and (J); the 1997 8-hour 

ozone NAAQS for sections 110(a)(2)(C) 

and (J); and the 1997 annual and 2006 

24-hour PM2.5 NAAQS for section 

110(a)(2)(D)(i)(ii) prong 3. Consequently, 

EPA is proposing to convert the 

previous disapprovals of Florida’s 

infrastructure SIPs related to the CAA 

GHG PSD permitting requirements for 

the 2008 and 1997 8-hour ozone and the 

1997 annual and 2006 24-hour PM2.5

NAAQS to full approvals. 

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 CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

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 in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

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

Dated: February 23, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–04059 Filed 3–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R03–UST–2020–0291, FRL 10018–07– 

Region 3] 

Virginia: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Solid Waste 

Disposal Act of 1965, as amended 

(commonly known as the Resource 

Conservation and Recovery Act 

(RCRA)), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Commonwealth of 

Virginia’s Underground Storage Tank 

(UST) program submitted by the 

Commonwealth of Virginia (Virginia or 

State). This action is based on EPA’s 

determination that these revisions 

satisfy all requirements needed for 

program approval. This action also 

proposes to codify EPA’s approval of 

Virginia’s state program and to 

incorporate by reference those 

provisions of Virginia’s regulations and 

statutes that we have determined meet 

the requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. In the ‘‘Rules 

and Regulations’’ section of this issue of 

the Federal Register, EPA is approving 

this action by a direct final rule. If no 

significant negative comment is 

received, EPA will not take further 

action on this proposed rulemaking, and 

the direct final rule will be effective 60 

days from the date of publication in this 


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