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[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50628-50630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18155]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0361; FRL-9950-01-Region 4]

Air Plan Approval; Florida; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Florida 
through the Florida Department of Environmental Protection (FDEP) on 
March 10, 2015. Florida's March 10, 2015, SIP revision (Progress 
Report) addresses requirements of the Clean Air Act (CAA or Act) and 
EPA's rules that require states to submit periodic reports describing 
progress towards reasonable progress goals (RPGs) established for 
regional haze and a determination of the adequacy of a state's existing 
SIP addressing regional haze (regional haze plan). EPA is approving 
Florida's Progress Report on the basis that it addresses the progress 
report and adequacy determination requirements for the first 
implementation period for regional haze.

DATES: This rule will be effective September 1, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0361. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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: Sean Lakeman, 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. Mr. Lakeman can be reached by phone at (404) 562-9043 and 
via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under the Regional Haze Rule,\1\ each state is required to submit a 
progress

[[Page 50629]]

report in the form of a SIP revision every five years that evaluates 
progress towards the RPGs for each mandatory Class I Federal area (also 
referred to as Class I area in this rulemaking) within the state and 
for each mandatory Class I Federal area outside the state which may be 
affected by emissions from within the state. See 40 CFR 51.308(g). Each 
state is also required to submit, at the same time as the progress 
report, a determination of the adequacy of the state's existing 
regional haze plan. See 40 CFR 51.308(h). The first progress report is 
due five years after submittal of the initial regional haze plan. On 
March 19, 2010, FDEP submitted the State's first regional haze plan in 
accordance with 40 CFR 51.308(b).\2\
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    \1\ Located in 40 CFR part 51, subpart P.
    \2\ On August 29, 2013, EPA fully approved Florida's regional 
haze plan (as amended on August 31, 2010, and September 17, 2012). 
See 78 FR 53250.
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    On March 10, 2015, FDEP submitted its regional haze progress 
report, reporting progress made in the first implementation period 
towards the RPGs for Class I Federal areas in the State and for Class I 
Federal areas outside the State that are affected by emissions from 
sources within Florida. This submittal also includes a negative 
declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional 
haze plan requires no substantive revision to achieve the established 
regional haze visibility improvement goals for 2018. In a notice of 
proposed rulemaking (NPRM) published on May 24, 2016 (81 FR 32702), EPA 
proposed to approve Florida's Progress Report on the basis that it 
satisfies the requirements of 40 CFR 51.308(g) and (h). No comments 
were received on the May 24, 2016, proposed rulemaking. The details of 
Florida's submittal and the rationale for EPA's actions are further 
explained in the NPRM. See 81 FR 32702 (May 24, 2016).

II. Final Action

    EPA is approving Florida's Regional Haze Progress Report SIP 
revision, submitted by the State on March 10, 2015, as meeting the 
applicable regional haze requirements set forth in 40 CFR 51.308(g) and 
(h).

III. 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. 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 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.
    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 October 3, 2016. 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: July 20, 2016.
Heather McTeer Toney,
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(e), is amended by adding the entry ``March 2015 
Regional Haze Progress Report'' at the end of the table to read as 
follows:

Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

[[Page 50630]]

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                    State effective     EPA approval     Federal Register
            Provision                     date              date              notice             Explanation
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                                                  * * * * * * *
March 2015 Regional Haze          3/10/2015..........        8/2/2016  [Insert citation of  ....................
 Progress Report.                                                       publication].
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[FR Doc. 2016-18155 Filed 8-1-16; 8:45 am]
 BILLING CODE 6560-50-P
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