[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Rules and Regulations]
[Pages 3886-3889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0660; FRL-11572-02-R4]


Air Plan Approval; Florida; Miscellaneous SIP Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the Florida State Implementation Plan (SIP), submitted by the 
Florida Department of Environmental Protection (FDEP) on April 1, 2022. 
The final rule revision corrects definitions, updates and removes 
outdated references, clarifies rule applicability in several rules 
within the Florida SIP, and removes methods to determine visible 
emissions. EPA is approving the changes because they are consistent 
with the Clean Air Act (CAA or Act).

DATES: This rule is effective February 21, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0660. All documents in the docket 
are listed on the 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 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: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9088. Ms. Bell can also be reached via electronic mail at 
<a href="/cdn-cgi/l/email-protection#3c5e595050124855594e5952457c594c5d125b534a"><span class="__cf_email__" data-cfemail="6d0f080101431904081f0803142d081d0c430a021b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 1, 2022, FDEP submitted a SIP revision to EPA regarding 
Chapter 62-296, Florida Administrative Code (F.A.C.), Stationary 
Sources, of the Florida SIP. In Florida's April 1, 2022, submission, 
the State is requesting that EPA approve changes to the following rules 
in the Florida SIP: Rule 62-296.320(4), General Pollutant Emission 
Limiting Standards; \1\ Rule 62-296.406, Fossil Fuel Steam Generators 
with Less Than 250 Million Btu Per Hour Heat Input, New and Existing 
Emissions Units; Rule 62-296.602, Primary Lead-Acid Battery 
Manufacturing Operations; Rule 62-296.603, Secondary Lead Smelting 
Operations; Rule 62-296.604, Electric Arc Furnace Equipped Secondary 
Steel Manufacturing Operations; Rule 62-296.700, Reasonably Available 
Control Technology (RACT) Particulate Matter; Rule 62-296.702, Fossil 
Fuel Steam Generators; Rule 62-296.704, Asphalt Concrete Plants; Rule 
62-296.705, Phosphate Processing Operations; Rule 62-296.707, Electric 
Arc Furnaces; Rule 62-296.708, Sweat or Pot Furnaces; Rule 62-296.711, 
Materials Handling, Sizing, Screening, Crushing and Grinding 
Operations; and Rule 62-296.712, Miscellaneous Manufacturing Process 
Operations.\2\
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    \1\ On October 13, 2023, the State submitted a letter to EPA 
withdrawing its request to revise subsection (3) of Rule 62-296.320. 
Thus, EPA is not acting on Rule 62-296.320(3). For further 
information, please see the docket for this rulemaking, which 
includes Florida's October 13, 2023, withdrawal letter.
    \2\ On April 1, 2022, FDEP submitted a number of SIP revisions 
to Chapter 62-296, Stationary Sources. These other SIP revisions not 
described herein will be acted on through other rulemakings. See 
also, footnote 1 regarding subsection (3) of Rule 62-296.320.

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[[Page 3887]]

    Through a notice of proposed rulemaking (NPRM) published on 
November 28, 2023 (88 FR 83062), EPA proposed to approve the April 1, 
2022, SIP submittal, which corrects definitions, updates and removes 
outdated references, clarifies applicability in these rules, and 
removes methods to determine visible emissions in Rules 62-296.320 and 
62-296.406. The details of the submission, as well as EPA's rationale 
for changing these rules, are described in more detail in EPA's 
November 28, 2023, NPRM. Comments on the November 28, 2023, NPRM were 
due on or before December 28, 2023. EPA received one comment on the 
November 28, 2023, NPRM, and it supports EPA's action. No adverse 
comments were received.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of Rule 62-296.320(4), General Pollutant 
Emission Limiting Standards, state effective on July 10, 2014; \3\ Rule 
62-296.406, Fossil Fuel Steam Generators with Less Than 250 Million Btu 
Per Hour Heat Input, state effective on November 5, 2020; Rule 62-
296.602, Primary Lead-Acid Battery Manufacturing Operations, state 
effective on July 10, 2014; Rule 62-296.603, Secondary Lead Smelting 
Operations, state effective on July 10, 2014; Rule 62-296.604, Electric 
Arc Furnace Equipped Secondary Steel Manufacturing Operations, state 
effective on July 10, 2014; Rule 62-296.700, Reasonably Available 
Control Technology (RACT) Particulate Matter, state effective on August 
14, 2019; Rule 62-296.702, Fossil Fuel Steam Generators, state 
effective on July 10, 2014; Rule 62-296.704, Asphalt Concrete Plants, 
state effective on July 10, 2014; Rule 62-296.705, Phosphate Processing 
Operations, state effective on July 10, 2014; Rule 62-296.707, Electric 
Arc Furnaces, state effective on July 10, 2014; Rule 62-296.708, Sweat 
or Pot Furnaces, state effective on July 10, 2014; Rule 62-296.711, 
Materials Handling, Sizing, Screening, Crushing and Grinding 
Operations, state effective on July 10, 2014; and Rule 62-296.712, 
Miscellaneous Manufacturing Process Operations, 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 State implementation plan, 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.\4\
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    \3\ Subsections (1), (2), and (3) of Rule 62-296.320 remain in 
the SIP with a state effective date of March 13, 1996.
    \4\ 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the changes to Rule 62-296.320(4), General 
Pollutant Emission Limiting Standards; Rule 62-296.406, Fossil Fuel 
Steam Generators with Less Than 250 Million Btu Per Hour Heat Input; 
Rule 62-296.602, Primary Lead-Acid Battery Manufacturing Operations; 
Rule 62-296.603, Secondary Lead Smelting Operations; Rule 62-296.604, 
Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations; 
Rule 62-296.700, Reasonably Available Control Technology (RACT) 
Particulate Matter; Rule 62-296.702, Fossil Fuel Steam Generators; Rule 
62-296.704, Asphalt Concrete Plants; Rule 62-296.705, Phosphate 
Processing Operations; Rule 62-296.707, Electric Arc Furnaces; Rule 62-
296.708, Sweat or Pot Furnaces; Rule 62-296.711, Materials Handling, 
Sizing, Screening, Crushing and Grinding Operations; and Rule 62-
296.712, Miscellaneous Manufacturing Process Operations, into the 
Florida SIP. EPA is approving these changes because they are consistent 
with 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 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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

[[Page 3888]]

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, low-income 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 22, 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) of the CAA.

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: January 16, 2024.
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

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. In Sec.  52.520(c), amend the table by revising the entries for 
``62-296.320,'' ``62-296.406,'' ``62-296.602,'' ``62-296.603,'' ``62-
296.604,'' ``62-296.700,'' ``62-296.702,'' ``62-296.704,'' ``62-
296.705,'' ``62-296.707,'' ``62-296.708,'' ``62-296.711,'' and ``62-
296.712'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Florida Laws and Regulations
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                                                         State
  State citation (section)         Title/subject       effective     EPA approval date          Explanation
                                                         date
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                                                  * * * * * * *
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                              Chapter 62-296 Stationary Sources--Emission Standards
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                                                  * * * * * * *
62-296.320..................  General Pollutant        7/10/2014  1/22/2024, [Insert      Except 62-296.320(1),
                               Emission Limiting                   citation of             (2), and (3),
                               Standards.                          publication].           approved on 6/16/
                                                                                           1999, state effective
                                                                                           3/13/1996.
 
                                                  * * * * * * *
62-296.406..................  Fossil Fuel Steam        11/5/2020  1/22/2024, [Insert      ......................
                               Generators with Less                citation of
                               Than 250 million Btu                publication].
                               per Hour Heat Input.
 
                                                  * * * * * * *
62-296.602..................  Primary Lead-Acid        7/10/2014  1/22/2024, [Insert      ......................
                               Battery Manufacturing               citation of
                               Operations.                         publication].
62-296.603..................  Secondary Lead           7/10/2014  1/22/2024, [Insert      ......................
                               Smelting Operations.                citation of
                                                                   publication].
62-296.604..................  Electric Arc Furnace     7/10/2014  1/22/2024, [Insert      ......................
                               Equipped Secondary                  citation of
                               Steel Manufacturing                 publication].
                               Operations.
 
                                                  * * * * * * *
62-296.700..................  Reasonably Available     8/14/2019  1/22/2024, [Insert      ......................
                               Control Technology                  citation of
                               (RACT) Particulate                  publication].
                               Matter.
62-296.702..................  Fossil Fuel Steam        7/10/2014  1/22/2024, [Insert      ......................
                               Generators.                         citation of
                                                                   publication].
62-296.704..................  Asphalt Concrete         7/10/2014  1/22/2024, [Insert      ......................
                               Plants.                             citation of
                                                                   publication].
62-296.705..................  Phosphate Processing     7/10/2014  1/22/2024, [Insert      ......................
                               Operations.                         citation of
                                                                   publication].
62-296.707..................  Electric Arc Furnaces.   7/10/2014  1/22/2024, [Insert      ......................
                                                                   citation of
                                                                   publication].
62-296.708..................  Sweat or Pot Furnaces.   7/10/2014  1/22/2024, [Insert      ......................
                                                                   citation of
                                                                   publication].

[[Page 3889]]

 
62-296.711..................  Materials Handling,      7/10/2014  1/22/2024, [Insert      ......................
                               Sizing, Screening,                  citation of
                               Crushing and Grinding               publication].
                               Operations.
62-296.712..................  Miscellaneous            7/10/2014  1/22/2024, [Insert      ......................
                               Manufacturing Process               citation of
                               Operations.                         publication].
 
                                                  * * * * * * *
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[FR Doc. 2024-01030 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P


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