Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76137 

1The April 1, 2022, submittal transmits several 

changes to other Florida SIP-approved rules. These 

changes are not addressed in this action and will 

be considered by EPA in separate rulemakings. 2See 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0056; FRL–11369– 

02–R4] 

Air Plan Approval; FL; Miscellaneous 

SIP Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a Florida 

State Implementation Plan (SIP) 

revision, submitted by the State of 

Florida through the Florida Department 

of Environmental Protection (FDEP) on 

April 1, 2022. The SIP revision revises 

multiple stationary source rules in 

Florida’s SIP with substantive and 

minor changes throughout. EPA is 

approving these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective December 6, 

2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0056. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 and Radiation 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: 

Josue Ortiz Borrero, 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. 

Mr. Ortiz can be reached via phone 

number (404) 562–8085 or via electronic 

mail at ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving certain changes to 

the Florida SIP that were submitted by 

FDEP on April 1, 2022. Specifically, 

EPA is approving changes to Rules 62– 

296.414, Florida Administrative Code 

(F.A.C.), Concrete Batching Plants; 62– 

296.415, F.A.C., Soil Thermal Treatment 

Facilities; 62–296.418, F.A.C., Bulk 

Gasoline Plants; 62–296.500, F.A.C., 

Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities; 62–296.501, 

F.A.C., Can Coating; 62–296.502, F.A.C., 

Coil Coating; 62–296.503, F.A.C., Paper 

Coating; 62–296.504, F.A.C., Fabric and 

Vinyl Coating; 62–296.505, F.A.C., 

Metal Furniture Coating; 62–296.506, 

F.A.C., Surface Coating of Large 

Appliances; 62–296.507, F.A.C., Magnet 

Wire Coating; 62–296.508, F.A.C., 

Petroleum Liquid Storage; 62–296.510, 

F.A.C., Bulk Gasoline Terminals; 62– 

296.511, F.A.C., Solvent Metal Cleaning; 

62–296.512, F.A.C., Cutback Asphalt; 

62–296.513, F.A.C., Surface Coating of 

Miscellaneous Metal Parts and 

Products; 62–296.514, F.A.C., Surface 

Coating of Flat Wood Paneling; 62– 

296.515, F.A.C., Graphic Arts Systems; 

and 62–296.516, F.A.C., Petroleum 

Liquid Storage Tanks with External 

Floating Roofs.1 These changes are for 

multiple stationary source emission 

standards rules in Florida’s SIP with 

substantive and minor changes 

throughout. 

Through a notice of proposed 

rulemaking (NPRM), published on 

September 11, 2023, (88 FR 62303), EPA 

proposed to approve the April 1, 2022, 

submission. The details of Florida’s 

submission, which amend various 

stationary source emission standards, as 

well as EPA’s rationale for approving 

the changes, are described in the 

September 11, 2023, NPRM. Comments 

on the September 11, 2023, NPRM were 

due on or before October 11, 2023. EPA 

did not receive any adverse comments 

on the September 11, 2023, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, and as discussed in Section 

I of this preamble, EPA is finalizing the 

incorporation by reference of Rules 62– 

296.414, F.A.C., Concrete Batching 

Plants; 62–296.415, F.A.C., Soil 

Thermal Treatment Facilities; 62– 

296.511, F.A.C., Solvent Metal Cleaning, 

each state effective November 5, 2020; 

62–296.418, F.A.C., Bulk Gasoline 

Plants; 62–296.500, F.A.C., Reasonably 

Available Control Technology (RACT)— 

Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Emitting 

Facilities; 62–296.512, F.A.C., Cutback 

Asphalt, each state effective August 14, 

2019; and 62–296.501, F.A.C., Can 

Coating; 62–296.502, F.A.C., Coil 

Coating; 62–296.503, F.A.C., Paper 

Coating; 62–296.504, F.A.C., Fabric and 

Vinyl Coating; 62–296.505, F.A.C., 

Metal Furniture Coating; 62–296.506, 

F.A.C., Surface Coating of Large 

Appliances; 62–296.507, F.A.C., Magnet 

Wire Coating; 62–296.508, F.A.C., 

Petroleum Liquid Storage; 62–296.510, 

F.A.C., Bulk Gasoline Terminals; 62– 

296.513, F.A.C., Surface Coating of 

Miscellaneous Metal Parts and 

Products; 62–296.514, F.A.C., Surface 

Coating of Flat Wood Paneling; 62– 

296.515, F.A.C., Graphic Arts Systems; 

and 62–296.516, F.A.C., Petroleum 

Liquid Storage Tanks with External 

Floating Roofs, all state effective on July 

10, 2014. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and 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 

SIP, 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 in the next 

update to the SIP compilation.2

III. Final Action 

EPA is finalizing the approval of the 

April 1, 2022, Florida SIP revision to 

incorporate various changes to Rules 

62–296.414, F.A.C., Concrete Batching 

Plants; 62–296.415, F.A.C., Soil 

Thermal Treatment Facilities; 62– 

296.418, F.A.C., Bulk Gasoline Plants; 

62–296.500, F.A.C., Reasonably 

Available Control Technology (RACT)— 

Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Emitting 

Facilities; 62–296.501, F.A.C., Can 

Coating; 62–296.502, F.A.C., Coil 

Coating; 62–296.503, F.A.C., Paper 

Coating; 62–296.504, F.A.C., Fabric and 

Vinyl Coating; 62–296.505, F.A.C., 

Metal Furniture Coating; 62–296.506, 

F.A.C., Surface Coating of Large 


ddrumheller on DSK120RN23PROD with RULES1
76138 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

Appliances; 62–296.507, F.A.C., Magnet 

Wire Coating; 62–296.508, F.A.C., 

Petroleum Liquid Storage; 62–296.510, 

F.A.C., Bulk Gasoline Terminals; 62– 

296.511, F.A.C., Solvent Metal Cleaning; 

62–296.512, F.A.C., Cutback Asphalt; 

62–296.513, F.A.C., Surface Coating of 

Miscellaneous Metal Parts and 

Products; 62–296.514, F.A.C., Surface 

Coating of Flat Wood Paneling; 62– 

296.515, F.A.C., Graphic Arts Systems; 

and 62–296.516, F.A.C., Petroleum 

Liquid Storage Tanks with External 

Floating Roofs, from the Florida SIP. 

EPA is approving these changes because 

they will not interfere with the 

attainment or maintenance of the 

NAAQS or any other applicable 

requirement of 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. 

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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive 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 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). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

FDEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for people of color, lowincome populations, and Indigenous 

peoples. 

This action is subject to the 

Congressional Review Act, and 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 5, 2024. 

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 dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 24, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

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 K—Florida 

■ 2. In § 52.520(c), amend the table by 

revising the entries for ‘‘62–296.414,’’ 

‘‘62–296.415,’’ ‘‘62–62–296.418,’’ ‘‘62– 

296.500,’’ ‘‘62–296.501,’’ ‘‘62–296.502,’’ 

‘‘62–296.503,’’ ‘‘62–296.504,’’ ‘‘62– 

296.505,’’ ‘‘62–296.506,’’ ‘‘62–296.507,’’ 

‘‘62–296.508,’’ ‘‘62–296.510,’’ ‘‘62– 

296.511,’’ ‘‘62–296.512,’’ ‘‘62–296.513,’’ 

‘‘62–296.514,’’ ‘‘62–296.515,’’ and ‘‘62– 

296.516.’’ 

The revisions read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76139 

EPA-APPROVED FLORIDA LAWS AND REGULATIONS

State citation 

(section) Title/subject State effective date EPA approval date Explanation 

*******

Chapter 62–296 Stationary Sources—Emission Standards 

62–296.414 ........... Concrete Batching Plants .................. 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.415 ........... Soil Thermal Treatment Facilities ...... 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.418 ........... Bulk Gasoline Plants ......................... 8/14/2019 11/6/2023, [Insert citation of publication].

* * * * * * * 

62–296.500 ........... Reasonably Available Control Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen 

Oxides (NOX) Emitting Facilities.

8/14/2019 11/6/2023, [Insert citation of publication].

62–296.501 ........... Can Coating ....................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.502 ........... Coil Coating ....................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.503 ........... Paper Coating .................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.504 ........... Fabric and Vinyl Coating ................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.505 ........... Metal Furniture Coating ..................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.506 ........... Surface Coating of Large Appliances 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.507 ........... Magnet Wire Coating ......................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.508 ........... Petroleum Liquid Storage .................. 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.510 ........... Bulk Gasoline Terminals .................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.511 ........... Solvent Metal Cleaning ...................... 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.512 ........... Cutback Asphalt ................................. 8/14/2019 11/6/2023, [Insert citation of publication].

62–296.513 ........... Surface Coating of Miscellaneous 

Metal Parts and Products.

7/10/2014 11/6/2023, [Insert citation of publication].

62–296.514 ........... Surface Coating of Flat Wood Paneling.7/10/2014 11/6/2023, [Insert citation of publication].

62–296.515 ........... Graphic Arts Systems ........................ 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.516 ........... Petroleum Liquid Storage Tanks with 

External Floating Roofs.

7/10/2014 11/6/2023, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2023–23833 Filed 11–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0681; FRL–10386– 

02–R9] 

Approval of Air Quality Implementation 

Plans; Vehicle Miles Traveled 

Emissions Offset Demonstrations for 

the 2015 Ozone Standards; California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the California state 

implementation plan (SIP) concerning 

vehicle miles traveled (VMT) offset 

demonstrations for the Los Angeles– 

South Coast Air Basin (South Coast), 

Riverside County (Coachella Valley), 

Los Angeles–San Bernadino Counties 

(West Mojave Desert), and San Joaquin 

Valley nonattainment areas (NAAs) for 

the 2015 ozone national ambient air 

quality standards (2015 ozone NAAQS). 

The EPA is taking action to approve 

these revisions because they 

demonstrate that California has added 

or implemented specific enforceable 

transportation control strategies and 

transportation control measures to offset 


ddrumheller on DSK120RN23PROD with RULES1