Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44485 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

Continued 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2012–18393 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0809; FRL–9705–2] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Sections 128 and 110(a)(1) and (2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and disapprove in part, 

the State Implementation Plan (SIP) 

submissions, submitted by the State of 

Florida, through the Florida Department 

of Environmental Protection (FDEP) on 

December 13, 2007, and supplemented 

on April 18, 2008 and May 24, 2012, to 

demonstrate that the State meets the 

requirements of sections 110(a)(1) and 

(2) of the Clean Air Act (CAA or Act) for 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. FDEP certified that 

the Florida SIP contains provisions that 

ensure the 1997 8-hour ozone NAAQS 

are implemented, enforced, and 

maintained in Florida (hereafter referred 

to as ‘‘infrastructure submission’’). EPA 

is now taking three related actions on 

FDEP’s infrastructure submissions for 

Florida. First, EPA is taking final action 

to disapprove in part portions of 

sections 110(a)(2)(C) and 110(a)(2)(J) of 

the December 13, 2007, submittal as it 

relates to the regulation of greenhouse 

gas (GHG) emissions. Second, EPA is 

taking final action to approve FDEP’s 

May 24, 2012, submission, which 

addresses the substantive requirements 

of section 128 relating to State board 

requirements as applicable to the 

infrastructure SIP pursuant to section 

110(a)(2)(E)(ii), and the substantive 

requirements of section 110(a)(2)(G), 

which relates to the authority to 

implement emergency powers under 

section 303 of the CAA. Third, and with 

the exception of the aforementioned 

portions of sections 110(a)(2)(C) and (J), 

EPA is finalizing its determination that 

Florida’s infrastructure submission, 

provided to EPA on December 13, 2007, 

supplemented on April 18, 2008, 

addresses all other required 

infrastructure elements for the 1997 

8-hour ozone NAAQS. 

DATES: Effective Date: This rule will be 

effective August 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0809. 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, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, 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. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 


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44486 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or (C). In a 

March 14, 2012, final rulemaking, EPA addressed 

the section 110(a)(2)(C) requirements for Tennessee. 

See 77 FR 14976. 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

8-hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by Florida 

consistent with the Clean Air Interstate Rule 

(CAIR). On December 23, 2008, CAIR was remanded 

by the D.C. Circuit Court of Appeals, without 

vacatur, back to EPA. See North Carolina v. EPA, 

531 F.3d 896 (D.C. Cir. 2008). Prior to this remand, 

EPA took final action to approve Florida’s SIP 

revision, which was submitted to comply with 

CAIR. See 72 FR 58016 (October 12, 2007). In so 

doing, Florida’s CAIR SIP revision addressed the 

interstate transport provisions in section 

110(a)(2)(D)(i) for the 1997 8-hour ozone NAAQS. 

In response to the remand of CAIR, EPA has 

recently finalized a new rule to address the 

interstate transport of nitrogen oxides (NOx) and 

sulfur oxides (SOx) in the eastern United States. See 

76 FR 48208 (August 8, 2011) Transport Rule). 

EPA’s action on element 110(a)(2)(D)(i) will be 

addressed in a separate action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s rulemaking. 

5On March 23, 2012, FDEP sent a letter to EPA 

requesting conditional approval of section 

110(a)(2)(G). In this letter, Florida committed to 

submit a SIP revision to address the substantive 

requirements of section 110(a)(2)(G) by June 2012. 

The letter Florida submitted to EPA can be accessed 

at www.regulations.gov using Docket ID No. EPA– 

R04–OAR–2011–0809. EPA notes that a conditional 

approval cannot satisfy an obligation for the Agency 

to implement a FIP. 

6Florida’s authority to regulate new and modified 

sources of the ozone precursors, volatile organic 

compounds (VOCs) and nitrogen oxides (NOX), to 

assist in the protection of air quality in 

nonattainment, attainment or unclassifiable areas is 

established in Chapters 62–210, Stationary 

Sources—General Requirements, Section 200— 

Definitions, and 62–212, Stationary Sources— 

Preconstruction Review, Section 400—Prevention of 

Significant Deterioration of the Florida SIP. 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 

8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and Prevention of 

Significant Deterioration (PSD) and 

visibility protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations, thus states were 

required to provide submissions to 

address sections 110(a)(1) and (2) of the 

CAA for this new NAAQS. Florida 

provided its infrastructure submission 

for the 1997 8-hour ozone NAAQS on 

December 13, 2007. On March 27, 2008, 

Florida was among other states that 

received a finding of failure to submit 

because its infrastructure submission 

was deemed incomplete for element 

110(a)(2)(G) for the 1997 8-hour ozone 

NAAQS by March 1, 2008. See 73 FR 

16205. Section 110(a)(2)(G) relates to the 

requirement for states to provide 

‘‘emergency power’’ authority 

comparable to that in section 303 of the 

CAA and adequate contingency plans to 

implement such authority. 

In FDEP’s December 13, 2007, 

submission, and in a letter dated April 

18, 2008, FDEP cited State statutes as 

evidence that Florida has the authority 

to implement emergency powers for the 

1997 8-hour ozone NAAQS as required 

by section 110(a)(2)(G). EPA, however, 

proposed a Federal Implementation 

Plan (FIP) with respect to this element 

of the infrastructure SIP because the 

statutes cited by FDEP had not been 

approved into the Florida SIP. See 77 

FR 23181 (April 18, 2012).5 On April 19, 

2012, FDEP submitted, for parallel 

processing, draft changes to address the 

deficiencies of the Florida SIP regarding 

the substantive requirements of section 

110(a)(2)(G). EPA published a 

supplemental proposed rulemaking 

action on this draft revision on May 18, 

2012, to (1) incorporate provisions to 

address Florida’s authority for 

emergency powers and adequate 

contingency plans to implement such 

authority; and (2) propose approval for 

element 110(a)(2)(G) of Florida’s 

infrastructure SIP. See 77 FR 29581. On 

May 24, 2012, FDEP submitted a final 

submission to EPA to satisfy to CAA 

section 110(a)(2)(G). Therefore, in 

today’s rulemaking, EPA will not 

finalize the FIP for section 110(a)(2)(G) 

as it is no longer necessary and is 

instead finalizing full approval of this 

substantive SIP revision to address the 

section 110(a)(2)(G) requirements. As a 

result of this substantive revision to the 

SIP, EPA is also finalizing its approval 

of section 110(a)(2)(G) of Florida’s 

infrastructure SIP among the other 

infrastructure elements approved today. 

With respect to section 

110(a)(2)(E)(ii), EPA’s April 18, 2012, 

proposed rulemaking described EPA’s 

intention to conditionally approve 

FDEP’s December 13, 2007, 

infrastructure submission regarding this 

sub-element. EPA proposed conditional 

approval of this sub-element because 

the State’s implementation plan did not 

contain provisions to address the 

requirements of CAA section 128. 

However, on March 13, 2012, FDEP 

submitted a letter to EPA that included 

a commitment to submit a SIP revision 

to address the CAA section 128 

requirements. See 77 FR 23181. The 

letter Florida submitted to EPA can be 

accessed at www.regulations.gov using 

Docket ID No. EPA–R04–OAR–2011– 

0809. On April 19, 2012, FDEP 

submitted, for parallel processing, a 

draft SIP revision to fully address the 

deficiencies within the Florida SIP to 

address CAA section 128 requirements. 

EPA proposed action on this draft 

revision on May 18, 2012, which 

included both a proposed substantive 

revision to the Florida SIP to 

incorporate rules satisfying section 128 

of the CAA, and a proposed approval for 

sub-element 110(a)(2)(E)(ii) of Florida’s 

infrastructure SIP. See 77 FR 29581. On 

May 24, 2012, FDEP submitted a final 

submission to EPA to satisfy the 

requirements of CAA section 128. 

With respect to sections 110(a)(2)(C) 

and (J), EPA has issued two regulatory 

revisions—the 1997 8-Hour Ozone 

NAAQS Implementation Rule New 

Source Review (NSR) Update—Phase 2 

final rule (hereafter referred to as the 

‘‘Ozone Implementation NSR Update’’ 

or ‘‘Phase 2 Rule’’) (70 FR 71612 

(November 29, 2005)); and the 

Greenhouse Gas Tailoring Rule 

(hereafter referred to as the ‘‘GHG 

Tailoring Rule’’) (75 FR 31514 (EPA’s 

June 3, 2010))—that necessitated 

updates to Florida’s SIP in order for 

EPA to approve these infrastructure 

elements for purposes of the 1997 

8-hour Ozone NAAQS.6

Regarding the Phase 2 Rule, on 

October 19, 2007, and July 1, 2011, 

FDEP submitted revisions to EPA, for 

approval into the Florida SIP, to adopt 

federal requirements for NSR permitting 


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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44487 

7Action to Ensure Authority to Issue Permits 

under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Federal Implementation Plan—Final Rule, 75 FR 

82246 (December 30, 2010). 

promulgated in the Phase 2 Rule. These 

revisions also modified provisions of 

Florida’s SIP at Chapter 62–210 and 62– 

212 to recognize NOX as an ozone 

precursor. EPA finalized approval of 

these revisions into the SIP on June 15, 

2012. See 77 FR 35862. 

Regarding the GHG Tailoring Rule, 

EPA has identified errors in Florida’s 

federally-approved SIP that result in the 

State’s failure to address, or provide 

adequate legal authority for, the 

implementation of a GHG PSD program 

in Florida. Approval of a revision to 

address GHGs is required to meet 

sections 110(a)(2)(C) and 110(a)(2)(J). On 

December 30, 2010, EPA promulgated a 

FIP 7 because Florida failed to submit, 

by its December 22, 2010, deadline, the 

corrective SIP revision to apply its PSD 

program to sources of GHGs consistent 

with the thresholds described in the 

GHG Tailoring rule. Since Florida 

currently does not have adequate legal 

authority to address the new GHG PSD 

permitting requirements at or above the 

levels of emissions set in the GHG 

Tailoring Rule, or at other appropriate 

levels, its SIP does not satisfy portions 

of section 110(a)(2)(C) and section 

110(a)(2)(J) of the infrastructure SIP 

requirements. As a result, on April 18, 

2012, EPA proposed to disapprove 

FDEP’s submission for sections 

110(a)(2)(C) and 110(a)(2)(J) as they 

relate to GHG PSD permitting 

requirements. See 77 FR 23181. 

II. This Action 

EPA is taking final action to approve 

in part, and disapprove in part, Florida’s 

infrastructure submissions as 

demonstrating that the State meets the 

applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

1997 8-hour ozone NAAQS. Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Florida, through 

FDEP, certified that the Florida SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in Florida. 

EPA received no adverse comments on 

its April 18, 2012, and May 18, 2012, 

proposed rulemakings of Florida’s 

December 13, 2007, infrastructure 

submission and April 19, 2012, draft SIP 

revision regarding the substantive 

requirements of CAA sections 128 and 

110(a)(2)(G). 

Today’s disapprovals of Florida’s 

infrastructure submissions are limited to 

the portions of section 110(a)(2)(C) and 

section110(a)(2)(J) related to GHG PSD 

permitting as proposed on April 18, 

2012. See 77 FR 23181. EPA’s 

disapproval of this portion of these 

elements does not result in any further 

obligation on the part of Florida because 

EPA has already promulgated a FIP for 

the Florida PSD program to address 

permitting GHGs at or above the GHG 

Tailoring Rule thresholds (76 FR 25178). 

Thus, today’s final action to disapprove 

FDEP’s submission for elements related 

to the GHG PSD permitting portion of 

sections 110(a)(2)(C) and 110(a)(2)(J) 

will not require any further action by 

either FDEP or EPA. The FIP that is 

currently in place to address GHG 

requirements in Florida will remain 

unless and until Florida submits a final 

submission to EPA for federal approval 

and EPA takes final action on that 

submission. 

In addition to the above-described 

infrastructure submission final actions, 

EPA is also today finalizing two 

substantive SIP actions related to 

infrastructure elements 110(a)(2)(E)(ii) 

and (G) proposed in EPA’s May 18, 

2012, supplemental proposed rule. See 

77 FR 29581. EPA is also announcing 

that it does not intend to finalize the 

proposed FIP for section 110(a)(2)(G) as 

it is no longer necessary due to the 

substantive SIP revisions for this 

element finalized today. The substantive 

revisions were submitted by Florida to 

EPA on May 24, 2012. See 77 FR 29581. 

Based upon the aforementioned, EPA 

has determined that Florida’s 

infrastructure submission, provided to 

EPA on December 13, 2007, and 

supplemented on April 18, 2008, 

addresses all the required infrastructure 

elements for the 1997 8-hour ozone 

NAAQS, with the exception of CAA 

section 110(a)(2)(E)(ii), pertaining to 

CAA section 128 requirements and 

section 110(a)(2)(G). Florida’s May 24, 

2012, submission addresses the 

substantive requirements of CAA 

sections 128, 110(a)(2)(E)(ii), and 

110(a)(2)(G). EPA has determined that 

the remaining infrastructure elements 

addressed in Florida’s December 13, 

2007, submission, supplemented on 

April 18, 2008, and May 24, 2012, with 

the exception of the portions of sections 

110(a)(2)(C) and (J) related to GHG PSD 

permitting, are consistent with section 

110 of the CAA. 

III. Final Action 

EPA is taking final action to approve 

in part, and disapprove in part, the 

December 13, 2007, submission, 

supplemented on April 18, 2008, and 

the May 24, 2012, submission, for the 

1997 8-hour ozone NAAQS because 

these submissions are consistent with 

section 110 of the CAA. FDEP has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Florida. 

EPA is also taking final action to 

approve a substantive SIP revision 

submitted by Florida on May 24, 2012, 

to address requirements related to 

sections 128, 110(a)(2)(E)(ii) and (G) of 

the CAA because these revisions are 

consistent with the Act. 

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. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 


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44488 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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 September 28, 2012. 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, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 16, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.520 in paragraph (e) is 

amended by adding three new entries 

for ‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards,’’ ‘‘Section 128 

Requirements,’’ and ‘‘Sections 

110(a)(2)(E)(ii) and (G) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register notice Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient Air Quality 

Standards.

12/13/2007 7/30/2012 [Insert citation of publication].

Section 128 Requirements ......................................... 5/24/2012 7/30/2012 [Insert citation of publication].

Sections 110(a)(2)(E)(ii) and (G) Infrastructure Requirements for the 1997 8-Hour Ozone National 

Ambient Air Quality Standards.

5/24/2012 7/30/2012 [Insert citation of publication].

■ 3. Section 52.523 is added to read as 

follows: 

§ 52.523 Control strategy: Ozone 

(a) Disapproval. EPA is disapproving 

portions of Florida’s infrastructure SIP 

for the 1997 8-hour ozone NAAQS 

regarding the State’s ability to provide 

adequate legal authority for the 

implementation of a Greenhouse Gas 

Prevention of Significant Deterioration 

program, specifically with respect to 

sections 110(a)(2)(C) and 110(a)(2)(J). A 

FIP is currently in place and approved 

for Florida at 40 CFR 52.37 for these 

requirements. 

(b) [Reserved] 

[FR Doc. 2012–18316 Filed 7–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2010–0115; FRL–9701–9] 

RIN 2060–AQ23 

Method 16C for the Determination of 

Total Reduced Sulfur Emissions From 

Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action promulgates 

Method 16C for measuring total reduced 

sulfur (TRS) emissions from stationary 

sources. Method 16C offers the 

advantages of real-time data collection 

and uses procedures that are already in 

use for measuring other pollutants. 

Method 16C will be a testing option that 

is used at the discretion of the tester. 

DATES: This final rule is effective on July 

30, 2012. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2010–0115. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

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